Homeschool Co-op License Agreement

These terms apply to every purchase of The Cultured Kid Homeschool Co-op License. Please read them carefully.

This Homeschool Co-op License Agreement (the “Agreement”) is between Kelly Group International (ABN 93 602 413 356), trading as The Cultured Kid (“we”, “us”, “our”) and the homeschool co-op named on the License Certificate (the “Licensee” or “you”). By purchasing the Homeschool Co-op License, or by accessing or using the Program under it, you agree to be legally bound by this Agreement. If you do not agree, do not purchase or use the Program.

1. Definitions

Program means The Cultured Kid Language Academy™ and all of its content in any format, including videos, audio, songs, stories, characters, lesson plans, worksheets, printables, flashcards, graphics, text, names, logos and trademarks, and any updates or additions.
Printables means any part of the Program supplied in a printable or downloadable format.
Coordinator means the person who purchased the License and whose account is used to access the Program.
Participating Family means one household (parents or guardians and their children) that is a member of the Licensee and is listed in the Schedule. No more than ten (10) Participating Families may be covered at any time.
Co-op Session means a group learning session organized and run by the Licensee for Participating Families, held in person or as a live, unrecorded online session attended only by Participating Families.

2. Grant of license

Subject to full payment and your continued compliance with this Agreement, we grant the Licensee a limited, non-exclusive, non-transferable, non-sublicensable license (the “License”) to: (a) use the Program to deliver Co-op Sessions to Participating Families; and (b) print copies of the Printables solely for use by Participating Families in connection with the Licensee's co-op. The License applies to one (1) co-op only. “Lifetime” means for as long as we make the Program available. All rights not expressly granted in this Agreement are reserved by us.

3. Ownership and copyright

The Program is the original work of The Cultured Kid and is protected by copyright, trademark and other intellectual property laws, including the Copyright Act 1968 (Cth), the copyright laws of the United States and other countries, and international treaties including the Berne Convention. We (or our licensors) own all right, title and interest in the Program. This Agreement is a license to use, not a sale, and no ownership of any intellectual property passes to you. Printed copies remain our copyright and are subject to this Agreement. You must not remove, cover or alter any copyright, trademark or other notice on the Program or any copy of it.

4. What you must not do

Except as expressly permitted in section 2, you must not, and must not allow or help anyone else to:

copy, reproduce, download, screen-record, screenshot, rip or otherwise capture any part of the Program (other than printing Printables as permitted);
upload, post, email, share, publish, broadcast, stream or distribute any part of the Program, including on websites, shared drives, cloud folders, learning platforms, group chats, social media or file-sharing services;
share the Coordinator's login details, or give any person or family their own access to the online Program;
sell, resell, rent, lease, lend, sublicense, assign or transfer the Program or the License, or charge any person a fee specifically for access to the Program or the Printables;
use the Program for more than ten (10) Participating Families, for more than one co-op, or for any school, preschool, childcare service, tutoring or teaching business, or other commercial or for-profit purpose;
modify, translate, adapt, edit or create derivative works from the Program, or combine it with other materials and present it as your own;
use the Program, or any part of it, to create, train or develop any competing product, course, curriculum or service, or input any part of it into any artificial intelligence or machine-learning tool; or
remove or obscure The Cultured Kid branding, or suggest that the Licensee is the author or owner of the Program.

5. Your responsibilities

The Coordinator is responsible for all use of the Program by or through the Licensee, including use by co-op leaders, volunteers, parents and children. You must make sure everyone who leads or attends a Co-op Session knows about and complies with this Agreement, keep login details secure, and notify us immediately at hello@theculturedkid.com if you become aware of any unauthorized access, copying or sharing.

6. Records and verification

You must keep the Schedule of Participating Families (provided with your License Certificate) accurate and up to date. Within fourteen (14) days of our written request, you must confirm in writing the names of the Participating Families and how the Program is being used. To add families beyond the limit, you must first purchase an additional license from us.

7. Breach, suspension and termination

Any use of the Program outside the scope of this Agreement is a breach of this Agreement and an infringement of our copyright. If you breach this Agreement, we may, by email notice to the Coordinator, immediately suspend or terminate the License and remove access to the Program. On termination you must immediately stop using the Program and destroy all printed and digital copies in your possession or control. No refund is payable where the License is terminated for breach. In addition to termination, we reserve the right to pursue all remedies available at law or in equity, including injunctions, damages, an account of profits, payment of the applicable license fee for each unlicensed family or co-op, and recovery of our reasonable legal costs.

8. Program changes

We may update, improve, reorganize, replace or discontinue any part of the Program at any time. Access is provided through your account on our platform for as long as we make the Program available.

9. Disclaimer and limitation of liability

The Program is an educational resource provided “as is”. We do not guarantee any particular learning outcome. The Licensee is solely responsible for the organization, supervision and safety of its Co-op Sessions and the children attending them. To the maximum extent permitted by law, we exclude all implied warranties, and our total liability arising out of or in connection with this Agreement is limited to the amount you paid for the License. We are not liable for any indirect or consequential loss. Nothing in this Agreement excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.

10. Indemnity

The Licensee and the Coordinator indemnify us against any loss, damage, cost (including reasonable legal costs) or claim arising from any breach of this Agreement, any unauthorized use of the Program, or the conduct of the Licensee's Co-op Sessions.

11. General

This Agreement, together with the terms and refund policy displayed at the time of purchase, is the entire agreement between us about the License. If any part of this Agreement is found to be invalid or unenforceable, the rest continues in full effect. A failure or delay by us in enforcing any right is not a waiver of that right. You may not assign this Agreement; we may assign it to any successor of our business. Notices may be given by email: to us at hello@theculturedkid.com, and to you at the Coordinator's purchase email. This Agreement is governed by the laws of Queensland, Australia, and each party submits to the non-exclusive jurisdiction of the courts of Queensland and courts competent to hear appeals from them. Sections 3, 4, 7, 9, 10 and 11 survive termination.