TERMS AND CONDITIONS

Calm In the Chaos

The Postpartum Hub PTY LTD (ABN 35 697 738 097)

www.calminthechaos.com.au

Effective Date: 16 June 2025

 

1. INTRODUCTION AND ACCEPTANCE OF TERMS

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Participant", "you", or "your") and The Postpartum Hub PTY LTD, trading as Calm In the Chaos (ABN 35 697 738 097) ("we", "us", "our", or the "Company"), in relation to your enrolment in, attendance at, and participation in any first aid, infant CPR, childcare emergency, or related course or workshop offered by us (collectively, the "Course" or "Courses").

By booking, enrolling in, paying for, or attending any Course offered by Calm In the Chaos, you unconditionally and irrevocably agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not proceed with any booking or attend any Course.

These Terms apply to all Courses conducted by the Company, including but not limited to in-person workshops, future online sessions, recorded content, and hybrid delivery formats. These Terms should be read in conjunction with our Privacy Policy and Cookie Policy, which are incorporated herein by reference.

We reserve the right to amend, vary, or update these Terms at any time without prior notice. The version of the Terms in force at the time of your booking or attendance shall govern your participation. It is your responsibility to review these Terms each time you engage with our services.

 

2. COMPANY DETAILS AND CONTACT INFORMATION

The legal entity operating Calm In the Chaos courses is:

 

Legal Name: The Postpartum Hub PTY LTD

Trading Name: Calm In the Chaos

State of Registration: Victoria, Australia

Website: www.calminthechaos.com.au

Email: hello@calminthechaos.com.au

Phone: 0420 529 870

All formal communications, cancellation requests, and transfer notices must be submitted in writing to the email address listed above and will not be deemed received until acknowledged by us.

 

3. NATURE AND SCOPE OF SERVICES

Calm In the Chaos provides non-accredited first aid, infant CPR, baby and child emergency response training, and related educational workshops for parents, caregivers, grandparents, and members of the public (collectively, "Course Services").

Our Courses are delivered by qualified and experienced instructors and are designed to provide participants with practical knowledge and skills in the area of infant and child first aid and emergency response. However, the Company makes no representation or warranty that completion of any Course will render a participant capable of performing any particular first aid technique in any real-world emergency scenario, as outcomes depend on individual ability, ongoing practice, and the specific circumstances of any emergency.

Courses are currently delivered in-person at locations in Melbourne, Victoria, Australia. The Company reserves the right to introduce online delivery, recorded content, and hybrid formats at its absolute discretion, subject to separate terms where applicable.

The Company reserves the right to modify the content, format, duration, instructors, and venue of any Course at any time. Where material changes are made, the Company will use reasonable endeavours to notify enrolled Participants as far in advance as practicable.

 

4. NON-ACCREDITATION DISCLAIMER

IMPORTANT NOTICE: All Courses offered by Calm In the Chaos are non-accredited educational workshops. They do not form part of, and are not recognised as, any accredited vocational education and training (VET) qualification, unit of competency, or statement of attainment under the Australian Skills Quality Authority (ASQA) framework, the Australian Qualifications Framework (AQF), or any equivalent regulatory body.

Completion of any Course offered by us:

• does not confer any formal qualification, statement of attainment, or vocational credential;

• cannot be used to satisfy workplace first aid certification requirements imposed by an employer, industry regulator, or applicable occupational health and safety legislation;

• does not qualify a participant to hold themselves out as a certified first aider for employment, insurance, or regulatory compliance purposes;

• is not recognised by WorkSafe Victoria or any equivalent state or territory authority as meeting mandatory workplace first aid certification requirements; and

• does not replace or substitute for accredited first aid training delivered by a Registered Training Organisation (RTO).

The Company makes no representations, express or implied, that any Certificate of Participation, letter of completion, or similar document issued following a Course confers any accredited status or satisfies any regulatory requirement. Participants requiring workplace-compliant first aid certification are directed to engage an ASQA-registered RTO.

 

5. ENROLMENT AND BOOKING

Enrolment in a Course is confirmed only upon receipt by the Company of a completed booking and payment of the applicable Course fee in full (or receipt of a valid invoice in accordance with our invoicing process). A confirmation of enrolment will be sent to the email address provided at the time of booking.

It is the Participant's responsibility to ensure that all personal details provided at the time of booking are accurate and complete, including full legal name, contact details, and any relevant health or medical information required under these Terms. The Company accepts no liability for errors arising from incomplete or inaccurate information provided by the Participant.

A booking constitutes an offer to participate in a Course. The Company reserves the right to decline, cancel, or refuse any booking at its absolute discretion, including where a participant is deemed by the Company to present a safety risk to themselves or others, or where a Course is at capacity.

Bookings are personal to the named Participant. Transfer of an enrolment to another individual must be requested in writing and approved by the Company prior to the commencement of the relevant Course. Any approved transfer must be to a person who satisfies all applicable requirements.

 

6. FEES, PAYMENT, AND INVOICING

Course fees are as advertised on the Company's website or as otherwise communicated to you at the time of booking. All fees are quoted in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST) where applicable, unless expressly stated otherwise.

Payment of Course fees is accepted via invoice issued by the Company. Payment must be made in full prior to or on the date specified in the invoice. The Company does not currently offer instalment payment arrangements unless expressly agreed in writing.

The Company does not process payments through its website. All payments are handled through the Company's manual invoicing process via a third-party invoicing platform. The Company is not responsible for any fees or charges imposed by your bank or payment method provider.

Where a Course fee remains unpaid by the due date specified in the invoice, the Company reserves the right to cancel your enrolment and offer your place to another participant without further notice.

The Company reserves the right to vary Course fees at any time. Any fee variation will not apply to bookings already confirmed and invoiced.

 

7. CANCELLATION AND TRANSFER POLICY (BY PARTICIPANT)

The Company understands that unexpected circumstances arise. The following cancellation and transfer policy applies to all Course enrolments:

7.1 Cancellations by Participant

All cancellation requests must be submitted in writing via email to the Company's contact address prior to the scheduled commencement date of the relevant Course. Cancellation requests will not be accepted by phone, social media, or any other medium.

Course enrolment fees are non-refundable. No refunds will be provided for any reason, including but not limited to:

• change of mind after booking;

• inability to attend due to personal, family, or work commitments;

• failure to attend the Course (no-show); or

• dissatisfaction with Course content or delivery.

The Company's no-refund policy is consistent with Australian Consumer Law as it applies to non-accredited educational services and does not affect any rights you may have under the Australian Consumer Law that cannot be excluded by agreement.

7.2 Transfers and Course Credits

Participants who cannot attend their enrolled Course may request a transfer to an alternative Course date, subject to availability and subject to the following conditions:

• Transfer requests must be submitted in writing no later than 48 hours prior to the scheduled commencement of the enrolled Course;

• Only one (1) complimentary transfer per enrolment is permitted. Subsequent transfers may be subject to an administration fee at the Company's discretion;

• Transfers are subject to availability and are not guaranteed; and

• Transfers must be to a Course of the same or lesser value. No credit or refund will be issued for any difference in Course fee.

Participants who fail to submit a transfer request within the timeframe specified above will forfeit their enrolment fee in its entirety.

 

8. CANCELLATION, POSTPONEMENT, AND VARIATION BY THE COMPANY

The Company reserves the right, at its absolute discretion, to cancel, postpone, reschedule, or otherwise vary any Course at any time, including due to:

• insufficient participant numbers;

• illness, injury, or unavailability of the Course instructor;

• venue unavailability or venue-related safety concerns;

• force majeure events, including natural disasters, government-imposed restrictions, public health emergencies, or other circumstances beyond the Company's reasonable control; or

• any other operational or safety reason.

In the event of a Company-initiated cancellation, the Company will use its best endeavours to notify enrolled Participants as soon as practicable and will offer, at the Company's election:

• a transfer to an alternative available Course date; or

• a credit towards a future Course of equivalent value.

The Company will not be liable to any Participant for any loss, cost, damage, or expense (including travel costs, accommodation, or lost wages) arising from a Company-initiated cancellation, postponement, or variation of a Course. Participants are encouraged to consider travel insurance or similar arrangements for costs associated with Course attendance.

 

9. HEALTH, MEDICAL DISCLOSURE, AND PARTICIPATION SUITABILITY

Participation in certain practical elements of our Courses, including physical CPR practice on training manikins, may involve kneeling, bending, exertion of physical pressure, and sustained physical engagement. Participants must assess their own suitability to participate in these activities prior to enrolment.

As part of the enrolment and check-in process, Participants are required to disclose the following health and medical information to the Company:

• any known food allergies or dietary requirements relevant to any food or beverages that may be served at the Course;

• current pregnancy or recent post-natal status that may affect the Participant's ability to engage in physical CPR practice activities; and

• any physical condition, injury, disability, or health concern that may limit the Participant's ability to safely participate in any Course activity.

This information is collected for the sole purpose of ensuring participant safety, adapting Course delivery where practicable, and enabling the Company to seek appropriate emergency medical assistance if required. This information constitutes sensitive health information and will be handled in accordance with our Privacy Policy and the requirements of the Privacy Act 1988 (Cth).

The Company does not provide medical advice or make any medical assessment of Participants. If you have any doubt about your ability to safely participate in any Course activity, you are strongly encouraged to seek medical advice from a qualified health practitioner prior to enrolment.

The Company reserves the right to exclude any Participant from practical activities where, in the absolute discretion of the Course instructor, participation may present an unacceptable risk to the health or safety of the Participant or others.

 

10. ASSUMPTION OF RISK

By enrolling in and attending a Course, you acknowledge and agree that:

• participation in practical first aid and CPR training activities involves inherent physical risks, including but not limited to physical exertion, kneeling, sustained pressure activity, and the use of training manikins and equipment;

• you voluntarily choose to participate in the Course with full knowledge of the risks involved;

• you are responsible for ensuring that you are physically capable of safely participating in all Course activities;

• the Company has provided you with the opportunity to disclose any health condition that may affect your safe participation; and

• to the extent permitted by applicable law, including the Wrongs Act 1958 (Vic) and the Australian Consumer and Fair Trading Act 2012 (Vic), you accept the inherent and obvious risks of participation.

Nothing in this clause is intended to exclude, restrict, or modify any right or remedy you may have under the Australian Consumer Law or any other non-excludable statutory protection.

 

11. LIABILITY WAIVER AND LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING THE WRONGS ACT 1958 (VIC), THE AUSTRALIAN CONSUMER AND FAIR TRADING ACT 2012 (VIC), THE COMPETITION AND CONSUMER ACT 2010 (CTH), AND ALL OTHER APPLICABLE LEGISLATION, THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS EXPRESSLY EXCLUDE ALL LIABILITY FOR:

• any injury, illness, death, loss, damage, or expense suffered by you or any third party arising from or in connection with your participation in any Course, including during any practical first aid or CPR training activity;

• any failure by you to successfully perform or recall any first aid technique, procedure, or intervention in any real-world emergency situation following completion of a Course;

• the accuracy, completeness, or currency of any Course content, materials, or instruction;

• any damage to or loss of personal property brought to a Course venue; or

• any indirect, consequential, special, or incidental loss or damage of any nature.

This waiver constitutes a risk warning for the purposes of section 22 of the Australian Consumer and Fair Trading Act 2012 (Vic) in relation to any recreational activity component of our Courses.

Where the Australian Consumer Law or any other legislation implies a guarantee, condition, or warranty that cannot lawfully be excluded, the Company's liability for any breach of such guarantee, condition, or warranty is limited, to the greatest extent permitted by law, to re-supplying the relevant Course or refunding the Course fee paid.

Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement, including any consumer guarantee applicable to the services supplied by us.

 

12. PARTICIPANT CONDUCT AND SAFETY

All Participants are expected to conduct themselves in a respectful, safe, and professional manner throughout the duration of any Course. The Company reserves the right to remove any Participant from a Course, without refund, where that Participant:

• engages in behaviour that is disruptive, abusive, threatening, or disrespectful to any instructor, staff member, or other participant;

• fails to comply with any reasonable health and safety direction or instruction given by the Course instructor or Company staff;

• attends a Course under the influence of alcohol, drugs, or any other substance that may affect their capacity to safely participate; or

• presents any other safety or conduct concern that, in the reasonable judgment of the Company, necessitates removal.

In the event of a Participant's removal from a Course for conduct reasons, no refund or credit will be provided.

 

13. CHILDREN AND MINORS ATTENDING COURSES

Our Courses are designed for adults. Participants must be aged 18 years or over to enrol in and attend a Course, unless the Company has provided express written consent for a younger participant to attend and a parent or legal guardian is present throughout.

Participants who bring infants, toddlers, or young children to a Course venue do so at their own risk and must ensure that the presence of such children does not disrupt the Course delivery or compromise the safety of other Participants. The Company is not responsible for the supervision, safety, or wellbeing of any infant or child brought to a Course venue by a Participant.

Where the Company has expressly approved attendance of a minor, a parent or legal guardian must sign these Terms on behalf of the minor Participant and accepts all obligations, acknowledgements, and liability provisions in these Terms on behalf of such minor.

 

14. INTELLECTUAL PROPERTY

All intellectual property rights in Course content, materials, presentations, workbooks, handouts, videos, scripts, and any other resources or materials developed and provided by the Company in connection with any Course (collectively, "Course Materials") are and remain the exclusive property of the Company or its licensors.

Participants are granted a limited, non-exclusive, non-transferable licence to use Course Materials solely for their own personal educational and reference purposes. Participants must not:

• copy, reproduce, distribute, publish, or share Course Materials with any third party without the Company's prior written consent;

• use Course Materials for any commercial purpose;

• record, film, photograph, or otherwise capture any element of a Course or Course instructor without the prior written consent of the Company; or

• use the Company's name, trademarks, or branding in any way that implies an endorsement, affiliation, or partnership with the Company.

Any unauthorised use of Course Materials or intellectual property may give rise to civil liability and, where applicable, criminal proceedings. The Company reserves all rights not expressly granted under these Terms.

 

15. PHOTOGRAPHY, VIDEO, AND MEDIA CONSENT

The Company may occasionally capture photographs or video footage of Course sessions for the purpose of marketing, promotional materials, social media, and business development. By attending a Course, you consent to the Company capturing and using such footage, which may include your image, likeness, or voice.

If you do not consent to being photographed or filmed, you must notify the Company in writing prior to the Course commencement date. The Company will use reasonable endeavours to accommodate your request, but cannot guarantee that you will be entirely absent from any footage captured in a group setting.

No footage or images will be used in any way that is demeaning, defamatory, or contrary to Australian law. The Company will not sell or disclose individual participant images to any third party for commercial purposes without express consent.

 

16. FOOD, BEVERAGES, AND DIETARY REQUIREMENTS

Light refreshments or food may be provided at certain Courses. The Company will make reasonable endeavours to accommodate food allergies and dietary requirements disclosed by Participants at the time of enrolment or prior to the Course commencement date.

While the Company takes all reasonable precautions, it cannot guarantee a completely allergen-free environment. Participants with severe allergies are strongly advised to bring their own food and to carry any required medical devices (including EpiPens) at all times.

The Company accepts no liability for any allergic reaction or adverse health event arising from the consumption of food or beverages provided at a Course, where the Participant has failed to disclose a known allergy or dietary requirement.

 

17. EMERGENCY MEDICAL ASSISTANCE

By enrolling in and attending a Course, you authorise the Company and its instructors to seek emergency medical assistance on your behalf, including contacting emergency services (000), in the event that you suffer any injury, illness, or medical event during a Course. Costs associated with emergency medical treatment or transport are entirely the responsibility of the Participant.

The Company strongly recommends that all Participants hold current and adequate private health insurance and, where applicable, ambulance cover for the state of Victoria.

 

18. ONLINE COURSES AND DIGITAL CONTENT (FUTURE DELIVERY)

The Company intends to introduce online and recorded Course content in the future. Where online or recorded content is offered, additional terms specific to digital delivery may apply and will be provided to Participants at the time of enrolment.

In the context of any online or digital Course, Participants acknowledge that:

• the Company provides no guarantee as to the availability, continuity, or technical performance of any online platform or digital delivery system;

• Participants are responsible for ensuring that they have the necessary technology, internet connection, and digital literacy to access and complete any online Course;

• all intellectual property provisions in these Terms apply equally to digital and online Course Materials; and

• no refunds will be provided once a Participant has accessed any online Course content.

 

19. FORCE MAJEURE

The Company will not be in breach of these Terms, nor will it incur any liability to a Participant, if the performance of its obligations under these Terms is prevented, restricted, delayed, or affected by any circumstances beyond its reasonable control, including but not limited to:

• natural disasters, floods, fires, earthquakes, or severe weather events;

• pandemics, epidemics, or public health emergencies;

• government-imposed restrictions, directions, or lockdowns;

• acts of terrorism or civil unrest;

• industrial action; or

• failure of third-party service providers, utilities, or infrastructure.

In the event of a force majeure event, the Company will notify Participants as soon as practicable and will make commercially reasonable efforts to reschedule any affected Course.

 

20. AUSTRALIAN CONSUMER LAW COMPLIANCE

Nothing in these Terms is intended to exclude, restrict, or modify any right or guarantee that cannot be excluded, restricted, or modified under the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth), or any other applicable legislation.

Under the Australian Consumer Law, consumers have a right to:

• expect that services will be rendered with due care and skill;

• expect that services will be fit for any purpose disclosed to the Company at the time of booking; and

• seek remedies if services fail to meet the applicable consumer guarantees.

Any provision of these Terms that purports to exclude, restrict, or modify any such right is void to the extent of that exclusion, restriction, or modification. Our liability for a failure to comply with a consumer guarantee is limited to, at our election, re-supplying the relevant Course or refunding the price paid for the Course, to the extent permitted by law.

 

21. PRIVACY AND DATA PROTECTION

The Company collects, uses, holds, and discloses personal information (including sensitive health information) in connection with the provision of its Course Services in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and the Company's Privacy Policy.

By enrolling in a Course, you consent to the collection and use of your personal information for the purposes set out in the Company's Privacy Policy, including the collection of health information for participant safety purposes.

A full statement of the Company's privacy practices, including the types of information collected, the purposes for collection, storage and security measures, disclosure practices, and your rights of access and correction, is available in the Company's Privacy Policy at www.calminthechaos.com.au.

 

22. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful, unenforceable, or void by a court of competent jurisdiction, that provision will be severed from these Terms. The remaining provisions will continue in full force and effect to the greatest extent permitted by law.

The parties agree that any invalid or unenforceable provision should be construed as narrowly as possible to give maximum effect to the parties' original intentions.

 

23. WAIVER

No failure or delay by the Company in exercising any right, power, or remedy under these Terms will operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy will prevent any further or future exercise of that or any other right, power, or remedy.

A waiver by the Company of any particular breach of these Terms will not be construed as a waiver of any subsequent breach of the same or any other provision.

 

24. GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia, and the applicable laws of the Commonwealth of Australia, without reference to any conflict of laws principles.

Each party irrevocably submits to the exclusive jurisdiction of the courts of the State of Victoria, and the Federal Court of Australia exercising jurisdiction in Victoria, in respect of any dispute or claim arising out of or in connection with these Terms, their subject matter, or their formation.

Notwithstanding the above, the Company may seek injunctive or other urgent relief in any court of competent jurisdiction where the protection of its intellectual property or confidential information requires it.

 

25. CONTACT INFORMATION AND COMPLAINTS

If you have any questions, concerns, or complaints regarding these Terms or any Course Services provided by Calm In the Chaos, please contact us at:

 

Calm In the Chaos / The Postpartum Hub PTY LTD

Website: www.calminthechaos.com.au

Email: hello@calminthechaos.com.au

Phone:  0420 529 870

 

We will endeavour to respond to all enquiries within five (5) business days. For formal complaints, please submit your complaint in writing to the email address above, clearly marked as a Complaint. If your complaint relates to a privacy matter, you may also have the right to lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.

 

Last updated: 16 June 2025. These Terms supersede all prior terms and conditions published by the Company.