Terms and Conditions

1.                   Agreement to Abide by Terms and Conditions

 I agree to abide by these terms and conditions and to ensure that all authorised persons who may attend the Centre on my behalf to drop‐off or pick‐up the Child will also abide with these terms and conditions.

2.                   Enrolment Form

a.                   I confirm that:

i.                     I am the person with lawful authority and/or Parental Responsibility of the Child nominated on the Enrolment Form; and

ii.                   the details provided on the Enrolment Form for my Child are all true and correct; and

iii.                  I will immediately inform the Centre in the event of any change to this information.

b.                  I understand and acknowledge that:

i.                     Mission Australia Early Learning will only be able to apply any government benefits towards any fee payments once the information has been verified through the Child Care Management Software.

ii.                   Mission Australia Early Learning will record attendance details for each session of care provided for my Child and submit these regularly to Department of Education and Training (DET) using the CRN and claimant details I have provided; and

iii.                  if I provide incorrect details, Mission Australia Early Learning will not be able to submit to DET any attendance data in respect of my Child. 

iv.                 I/we will ensure that a verification is provided for each day my child/ren attend care or are absent from care for regular booked days. 

3.                   Attendance at a Centre

a.                   I delegate the custody and control of my Child to Mission Australia Early Learning whilst Mission Australia Early Learning is caring for my Child and agree to accept the Employees and facilities that Mission Australia Early Learning provides to care for my Child.

b.                  I acknowledge that, although Mission Australia Early Learning warrants that it will at all times and to the best of its ability use all reasonable care in respect of my Child, there are inherent and unforeseeable dangers and difficulties in providing the Services and Mission Australia Early Learning cannot guarantee the wellbeing of my Child at all times. 

c.                   I authorise Mission Australia Early Learning to take any action it considers necessary, appropriate or in the best interests of my Child in the circumstances to protect my Child at the Centre or otherwise in its care or control.

4.                   Enrolment

a.                   I understand and agree that the:

i.                     Australian Government Priority of Access Guidelines will be followed when offering enrolment to my child/ren

ii.                   If my enrolment is at a service operating under the Defence Child Care Program that the additional Defence Priority of Access Guidelines will also be enacted.

b.                  I understand and agree that:

i.                     my Child is enrolled in the designated Room on the Booked Days (Enrolment) ; and

ii.                   the opportunity to transition to the next age group Room will be offered to my Child as appropriate for my child and based on availability over time and otherwise at Mission Australia Early Learning’s discretion.

c.                   I agree that my Child’s Enrolment with Mission Australia Early Learning (and my obligation to pay the Childcare Fees for the Booked Days)

i.                     starts on the Commencement Date; and 

ii.                   continues until terminated under these Terms and Conditions (Enrolment Term).

5.                   Fees and charges

a.                   I agree to pay all Childcare Fees payable for my Child during the Enrolment Term on a weekly basis.

b.                  I agree to pay the Initial Fees prior to my Child first attending a Centre and in accordance with the Enrolment Confirmation.

c.                   I agree to pay for all Booked Days at least 2 weeks in advance of the current week.

d.                  For a QLD Kindergarten Centre, I agree to pay for all Term Fees at least 1 week before commencement of the school term on the date as advised by Mission Australia Early Learning.

e.                  I understand that Mission Australia Early Learning will email me a statement of the balance of my fees owing each week. I understand that where I do not have an email account that the statement will be provided to me on request by the Centre manager.

f.                    I acknowledge that if I fail to pay the Childcare Fees on time Mission Australia Early Learning may immediately cease to provide the Services to, and/or terminate the Enrolment of, my Child.

g.                   I acknowledge that the Childcare Fees are payable in respect of public holidays and designated Centre closure days which may fall on my Child’s Booked Days and when my Child is absent for any reason.

h.                  I acknowledge that Childcare Fees are not payable for the period for which the Centre closes from over the Christmas to New Year period including any public holidays during this period. 

i.                     Where my Child’s Enrolment has ceased I understand that I can receive a refund of any credit balance on my account. Any refund will only be processed 3 weeks after any request in writing using the appropriate form provided by Mission Australia Early Learning to allow sufficient time for Third Party or other account adjustments to be completed. Refunds will be payable to a nominated account detailed on the refund form.

6.                   Payment Methods

a.                   Direct Debit

                                             i.            I acknowledge that I will be required to pay Childcare Fees and any other fees and charges payable under these Terms and Conditions by direct bank debit or credit card on a weekly or fortnightly basis by Mission Australia Early Learning and I will provide and maintain the necessary details and authorisation to allow Mission Australia Early Learning to set up and administer the required payment process.

                                           ii.            I agree that any declined direct debit may be resubmitted by Mission Australia Early Learning without seeking my approval or consent at any time in order to seek payment of the amount due and that I will be responsible for any additional costs and charges which may arise as result of the resubmission, including any fees charged directly by my financial institution, the third party direct debit provider or Mission Australia Early Learning.

                                          iii.            I acknowledge that

·         any changes to my weekly account billing details must be advised to, and formalised with, the administration office of Mission Australia Early Learning by 12pm on the Wednesday before my Child’s billing day and that any changes requested after this time may not be implemented before the next billing day; and

·         the completion of a new direct bank debit form is required before any changes can be made to my account billing details.

                                         iv.            I understand and agree to provide a direct debit authority to cover the balance of any payment due, regardless of other payment options.

b.                  Third Party Payments

                                             i.            I agree that any direct debit payments due and owing by me may be reduced by payments from third parties including, but not limited to, CCB/CCR. I acknowledged that CCB/CCR or third party payments received by Mission Australia Early Learning on my behalf will be allocated to my account when received. Any CCB/CCR or third party refunds will be allocated to my account when made.

                                           ii.            I understand that whether or not third party payments are due, received or allocated to my account; I agree that I am responsible for the payment of the full balance of my account at each payment cycle.

c.                   Special Child Care Benefit

                                             i.            Special Child Care Benefit maybe applied in some exceptional circumstance after an internal and external review.

                                           ii.            I understand that whether or not Special Child Care Benefit is received or allocated to my account, I agree that I am responsible for the payment of the full balance of my account at each payment cycle.

d.                  Smart Salary (Defence Employees and Centre’s only)

                                             i.            A list of services operating under the Defence Child Care Program can be located Mission Australia Early Learning Website (maearlylearning.com.au/centres)

                                           ii.            I acknowledge that where I am a Defence employee and the Centre in which my Child is enrolled is a Defence Centre, I may elect to make payment via Smart Salary.

                                          iii.            I understand that these payments will be allocated to my account in accordance with third party payments outlined above.

                                         iv.            I understand that I will still be required to provide a direct debit form to cover the Initial Fee payment.

e.                  QLD Kindergarten Government Funded Fees

                                             i.            I understand that if my child attends a QLD kindergarten and I am eligible and provide relevant Government health care card documentation to cover the relevant school term or Booked Days that I will not be required to make payment of any Term Fees.

                                           ii.            I acknowledge that I will be required to pay Term fees and any other fees and charges payable under these Terms and Conditions by direct bank debit or credit card on a weekly or fortnightly basis by Mission Australia Early Learning and I will provide and maintain the necessary details and authorisation to allow Mission Australia Early Learning to set up and administer the required payment process. 

                                          iii.            Where amounts remain unpaid or in arrears, I understand and agree that I will be subject to the debt collection policies of Mission Australia Early Learning, which may include the cessation of care and that I may be referred to a debt collection agency for legal action and that my details may be provided to a credit reporting agency which may affect my credit history. I agree to pay for any costs associated with any debt collection action.

7.                   Medical acknowledgements and consents

a.                   I accept that a decision made by Mission Australia Early Learning that my Child is contagious or too ill to attend a Centre is final and I agree to ensure my Child is collected promptly after being informed of such a decision. I understand that Childcare Fees must still be paid for this day or any subsequent day where my Child is absent.

b.                  I understand that I am to provide current information (as required within enrolment form) in regards to any of my child’s medical conditions, including allergies and sensitivities, to the Centre on enrolment and continue to update this information with the Centre at least annually.

c.                   I acknowledge and agree that in the event of an outbreak of a vaccine‐preventable disease at an Centre, Mission Australia Early Learning may be required to notify the Department of Health of any children in that Centre that have not been fully immunised. If my Child is not fully immunised my Child may be excluded from attending the Centre for such time as the Department of Health determines and the Childcare Fees must still be paid for the Booked Days.

d.                  I agree to provide to Mission Australia Early Learning upon request, and if there are any changes or updates, a copy of the following documents:

                                             i.            ACIR Immunisation History Statement

                                           ii.            An ACIR Immunisation Medical Exemption Form (IMO11.1512) which has been certified by an immunisation provider;

                                          iii.            An ACIR Immunisation History Form on which the immunisation provider has certified that the child is on a recognised catch‐up schedule; or

                                         iv.            An Interim Vaccination Objection Form for Enrolment in NSW Child Care Centers (which has been co-signed by a parent and an immunization provider)(NSW Only);

e.                  I acknowledge that all Services must abide by the State or Territory government legislation regarding immunisation and attendance applicable to the Centre that my child is enrolled at.

f.                   I accept that if my Child has a contagious illness, I will not return my Child to the Centre until:

                                             i.            Mission Australia Early Learning advises me that my Child may return to the Centre;

                                           ii.            Mission Australia Early Learning has been provided with a clearance certificate from a registered medical practitioner confirming my Child is no longer contagious.

a.                   I consent to first aid being administered to my Child by any person who is the holder of a current first aid certificate.

b.                  If my Child’s temperature is at or above 38oC and Mission Australia Early Learning is unable to contact me, the parents, guardians or emergency contacts listed on my Child’s Enrolment Form within a reasonable time, I permit Mission Australia Early Learning to administer Paracetamol to my Child in accordance with the dosage recommendations of the manufacturer. I understand that as per the applicable Mission Australia Early Learning Policy, my Child will be monitored from 37.5oC.

c.                   In the event of any illness or injury to my Child whilst my Child is in the care, custody or control of Mission Australia Early Learning, and if in the opinion of Mission Australia Early Learning it is necessary to do so, I authorise Mission Australia Early Learning to seek urgent:

                                             i.            medical or dental treatment from the doctor or dentist nominated on my Child’s Enrolment Form, from another doctor or dentist or from a hospital or ambulance service;

                                           ii.            assistance from any person nominated on my Child’s Enrolment Form; and/or

                                          iii.            Ambulance transportation.

d.                  I acknowledge Mission Australia Early Learning will inform me as soon as possible about the nature of the illness or injury to my Child.

e.                  I understand and accept that an Employee can only administer medication (excluding Paracetamol in accordance with this clause 7) to my Child if:

                                             i.            the medication has been authorised by my Child’s parent or guardian and a registered medical practitioner; and

                                           ii.            the details of the medication and its administration have been accurately recorded in a Medication Record Form.

f.                    I agree to reimburse Mission Australia Early Learning for any charges, costs or expenses incurred by it in obtaining any medical, hospital or related treatment for my Child contemplated by this clause 7.

g.                   I authorise Mission Australia Early Learning to apply:

                                             i.            an SPF30+ sunscreen to all unprotected areas of skin on my Child as necessary; and/or

                                           ii.            Non‐prescription insect repellent, nappy rash cream, moisturiser and/or teething gel to my Child as necessary. The application of these items will be communicated via daily information sheets to families.

                                          iii.            unless such application is recorded as ‘not permitted’ as per Enrolment Form. 

h.                  I authorise Mission Australia Early Learning to respectfully check my Child’s head if it is concerned about the presence of head lice.

8.                   Other Authorisations

a.                   I consent to Mission Australia Early Learning providing, or bringing third party service providers into the Centre to provide activities or programs that Mission Australia Early Learning consider to be in the interests of my Child (including the Screenings) and I consent to my Child’s participation in any of those activities or programs.

b.                  I consent to my Child being photographed and/or filmed at a Centre or while in the care of Mission Australia Early Learning and any resulting images, together with my Child’s first name, being used by Mission Australia Early Learning in connection with the Services, including for:

                                             i.            display in a Centre or use in connection with Centre activities or programming;

                                           ii.            keeping records of my Child’s activities, including artwork (whether done in a group or individually);

                                          iii.            recording dietary or allergy information or for other health or wellbeing purposes;

                                         iv.            training purposes, but excluding any use for marketing or promotional purposes, for which specific consent will be sought.

c.                   I consent to my Child being collected from or brought to the Centre by any person listed in the Authorised Person’s section of the Enrolment Form, even if I have not previously advised of such collection on any given day and agree to advise Centre Employees if my Child is to be collected by any other person.

d.                  I acknowledge that Mission Australia Early Learning may require any person collecting my Child to be introduced to the appropriate Employees and provide photo identification prior to my Child being released to them.

e.                  I acknowledge that Mission Australia Early Learning may refuse any person from collecting my Child if the above information has not been provided or if the situation at the time of collection is deemed to place the child at risk. 

f.                    I acknowledge and consent to Mission Australia Early Learning providing any information to any party which may be required to be provided under any law.

9.                   Notice Periods

a.                   I agree to give Mission Australia Early Learning notice of my intention to terminate the Enrolment in respect of my Child in the following manner:

                                             i.            for any QLD Kindergarten Centre, at least two weeks’ notice or the remainder of the school term, whichever is the longest period; and

                                           ii.            for all other Enrolments, at least two weeks’ notice.

b.                  I agree to give Mission Australia Early Learning at least 2 weeks’ prior written notice of my intention to reduce my Child’s number of Booked Days. I acknowledge that this option is not available for any QLD Kindergarten Centre and that any reduction in the number of Booked Days must be for the full number of days my Child is enrolled at any QLD Kindergarten Centre.

c.                   I acknowledge and agree that if I book a Casual Day for my Child, a minimum of 48 hours’ notice is required for cancelling such a booking and if I provide less than this period of notice, I will be liable to pay the full Casual Day Fee for that booking regardless of my Child’s attendance. 

d.                  I agree in respect of the Enrolment of my Child at a Defence Centre, upon a Defence Family requiring care, community Enrolments may be subject to cessation on a minimum of 4 weeks’ notice given by Mission Australia Early Learning and I agree to withdraw my Child should on the date advised to me. Every effort will be made to accommodate community families by offering positions vacant on other days, or at alternate Mission Australia Early Learning Services in close proximity to home or work, where vacancies exist. I agree that I will be required to surrender the position from the notified date, or otherwise provide notice under these terms to terminate Enrolment.

10.                   Enrolment Changes

a.                   I agree that if I give Mission Australia Early Learning less than the required Notice Period, I will be obliged to pay Mission Australia Early Learning an amount equivalent to the relevant Notice Period’s worth of gross Childcare Fees (excluding CCB, Jobs Education Training and Child Care Fee Assistance or third party payers) that I would otherwise owe to Mission Australia Early Learning based on my use of the Services at the time of giving notice.

b.                  I acknowledge that any proposed changes in Booked Days are subject to clause 4b. above and are subject to availability and a further offer of Enrolment.

c.                   I acknowledge that any proposed increases are subject to availability and a further offer of Enrolment. 

d.                  I understand and agree to pay for any Notice Period where Enrolment of my Child is cancelled for any reason for breach of these terms and conditions.

11.                   Liability

a.                   Mission Australia Early Learning excludes all implied conditions and warranties from these Terms and Conditions except any condition or warranty (such as conditions and warranties implied by legislation) which cannot, by law, be excluded. Mission Australia Early Learning liability in respect of the Services is limited to:

                                             i.            supplying of the Services again; or

                                           ii.            payment of the cost of having the Services supplied again.

b.                  I acknowledge that, to the maximum extent permitted by law, Mission Australia Early Learning excludes all liability for any costs, expenses, losses and damages suffered by me, whether that liability arises in contract, tort (including by Mission Australia Early Learning negligence) or under statute in connection with its provision of the Services. Without limitation, Mission Australia Early Learning will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity. 

c.                   For Williamtown Child Care Centre Only: I acknowledge that I have been provided with, and have read, all relevant information regarding the risk of exposure to high levels of noise at the Williamstown Child Care Centre as well as the risks associated with exposure to high levels of noise for children in the developmental stage. I acknowledge that Mission Australia Early Learning, and any of its employees, contractors or agents, will not liable for any liability, injury, loss or damage suffered by my Child or myself as a result of my Child accessing the Services at the Williamstown Child Care Centre, whether that liability, loss or damage arises in contract, tort (including by Mission Australia Early Learning negligence) or under statute in connection with its provision of the Services. Without limitation, Mission Australia Early Learning will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.

12.                   Privacy

a.                   I acknowledge that Mission Australia Early Learning may collect Personal Information relating to myself or my Child in relation to provision of the Services and for the purposes of invoicing.

b.                  I acknowledge that Mission Australia Early Learning has obligations arising under the Privacy Act 1988 (Cth), including the Australian Privacy Principles, to protect the Personal Information of its clients and staff.

c.                   I acknowledge, that Mission Australia Early Learning may disclose the Personal Information of myself or my Child to its associated entities, government agencies and other third parties for the purpose of providing the Services in accordance with these terms and conditions. 

d.                  I confirm that I am aware of Mission Australia Early Learning Privacy Policy which is accessible at www.maearlylearning.com.au/privacy-policy

13.                   Behaviour of Parents/Guardians

a.                   I agree to ensure that my Child is left with an educator who is on duty when delivering the Child to the Centre.

b.                  I agree that I have a responsibility to treat all Mission Australia Early Learning team members with respect and I agree to behave appropriately at all times when dealing with any Employee. Swearing, raised voices and rudeness directed at team members will not be tolerated and I understand my Child’s Enrolment may be terminated if I breach this provision.

c.                   I acknowledge the personal and sensitive nature and context of the Services and information provided in relation to the Services and agree to keep, and ensure that others keep, all correspondence, documents and/or other information provided to me by Mission Australia Early Learning or in relation to the Services confidential.

d.                  I agree to comply with all instructions and procedures to record the attendance of my Child at the Centre and understand that non‐compliance with this may result in the subsequent declining of Government Benefits. I agree to pay any amounts subsequently declined.

e.                  I understand that Mission Australia Early Learning can choose not to accept my Child into care if:

                                             i.            any of these Terms and Conditions are breached; or

                                           ii.            Mission Australia Early Learning believes it is unable to adequately care for my Child due to any special or medical needs or behavioral problems.

                                          iii.            Mission Australia Early Learning reserves the right to terminate, without notice, the Services in respect of my Child if it believes (in its absolute discretion) that to do so is in the best interests of:

·         the Child,

·         other children in that Services,

·         the Employees; or

·         the business operations or reputation of Mission Australia Early Learning. 

f.                    Mission Australia Early Learning reserves the right to refuse entry to any of its Services to anyone for any reason and at any time.

14.                   Amendment of Terms and Conditions

a.                   I accept that Mission Australia Early Learning may change these Terms and Conditions without notice to me provided that the updated Terms and Conditions are made available on www.maearlylearning.com.au.If changes to the Terms and Conditions would reasonably be expected to be material to me, I will be given no less than the Notice Period before such changes apply.

b.                  The Childcare Fees may be changed by Mission Australia Early Learning at any time, including during the time in which my Child is enrolled and I will be provided with 4 weeks’ notice of any changes by Mission Australia Early Learning of changes to any Childcare Fees.

c.                   Any notifications required by these terms and conditions can be provided to me, or the parent or guardian of my Child by mailing/email or delivering an advice to my message box at the Centre. 

d.                  I acknowledge that any notification will be taken to have been delivered by Mission Australia Early Learning at the time the notification is sent by Mission Australia Early Learning or left in my message box.

15.                   Wait List Form

a.                   I confirm that:

                                             i.            I am the person with lawful authority and/or Parental Responsibility of the Child nominated on the Wait List Form; and

                                           ii.            The details provided on the Wait List Form for my Child are all true and correct and I will undertake to immediately inform the Centre in the event of any change to this information.

b.                  I understand and acknowledge that:

                                             i.            The completion of the Wait List Form does not guarantee my Child a place and that an offer of Enrolment will be made should a place become available which is suitable for the request outlined in the Wait List Form and in accordance with priority of access guidelines applicable at the time of the offer of Enrolment.

                                           ii.            Whilst on the Waiting List, I agree to abide by these terms and conditions to the extent that they apply, excluding terms relating to attendance of my Child at the Centre and fees applicable to attendance.

c.                   All offers of Enrolment for a Defence Centre are made with the Defence Priority Access Guidelines

d.                  All community families offered Enrolment will be in accordance with the Department of Education and Communities Priority of Access Guidelines. Applications for children and siblings already attending the Centre will be offered Enrolment in accordance with the Priority of Access Guidelines.

16.                   Governing laws 

a.                   The laws of the State where my Child is enrolled apply to these Terms and Conditions and any Services provided by Mission Australia Early Learning.

17.                   Glossary

a.                   Booked Days means the days on which a Child is booked per week to regularly receive the Services at a Centre as set out in the Enrolment Confirmation.

b.                  Casual Day means a day on which a Child attends a Centre and receives the Services that falls outside the Booked Days or other structured Enrolment schedule (as may be arranged with Mission Australia Early Learning from time to time).

c.                   Casual Day Fee means the fee that Mission Australia Early Learning determines is payable for a Casual Day attendance by a Child.

d.                  CCB means the government approved child care benefit.

e.                  CCR means the government approved child care rebate.

f.                    Child means the child identified on the Enrolment Form or Waitlist Form for which I have legal responsibility.

g.                   Childcare Fees means the fees that Mission Australia Early Learning determines are payable for a Child’s Enrolment at an Centre and include fees payable for Booked Days, Casual Day, Terms Fees, Enrolment Fees, Late Fees, Direct Debit Dishonor Fees, Excursion Fees and any other fees or charges for services or goods, less any discounts, which are published by Mission Australia Early Learning from time to time.

h.                  Centre means a premise or location managed or controlled by Mission Australia Early Learning from which it provides the Services.

i.                     Commencement Date means the date on which a Child’s Enrolment starts as set out in that Child’s Enrolment Confirmation.

j.                    CRN means a customer reference number from Centrelink.

k.                   DET means the Commonwealth Department of Education and Training.

l.                     Defence means the Department of Defence

m.                Defence Centre means any Centre managed by Mission Australia Early Learning under agreement with Defence.

n.                  Employee means any employee, servant, contractor or agent of Mission Australia Early Learning or any other person attending at a Centre with the permission of Mission Australia Early Learning in relation to the provision of the Services.

o.                  Enrolment Confirmation means the correspondence sent to a Child’s parent or guardian by Mission Australia Early Learning, confirming the Commencement Date, Room, Booked Days, Childcare Fees and other terms and conditions upon which that Child is enrolled at an Centre.

p.                  Enrolment Fee means a non‐refundable fee payable to Mission Australia Early Learning upon acceptance of a Child’s offer of Enrolment.

q.                  Enrolment Form means the Mission Australia Early Learning standard enrolment form completed in relation to my Child’s Enrolment at a Centre.

r.                    Enrolment has the meaning given in clause 4a.

s.                   Enrolment Term has the meaning given in clause 4b.

t.                    Initial Fees means a payment equal to the lesser of 3 weeks’ net Childcare Fees required to secure my Child’s Enrolment at a Centre.

u.                  License means a license to operate a Centre granted by the relevant government authority.

v.                   Medication Authorisation Form means the form described as such and completed and signed as part of the enrolment process for a Child.

w.                 Notice Period has the meaning given in clause 9.

x.                   Parental Responsibility has the meaning as given in the Family Law Act 1975 (Cth) (as amended from time to time).

y.                   Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

z.                   Mission Australia Early Learning means Mission Australia Early Learning and/or any associated entity that manages or operates Centre or provides Services and where the context requires or includes its Employees.

aa.               QLD Kindergarten Centre means any Centre which only provides kindergarten Services.

bb.              Room means the room in which the Child is booked to receive the Services as set out in the Enrolment Confirmation.

cc.                Services means services in relation to the education, development, care and well‐being of children and related services provided at or by means of a Centre.

dd.              Term Fees mean in respect of any QLD Kindergarten Centre the published fee for the relevant school term. 

ee.              Wait List Form means the form completed upon placing the Child on the waiting list for the provision of future Services.

 

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