Terms and Conditions
These terms and conditions (Terms) are between we, us or our (Little Environeers ABN 77 656 853 002) and you, the person accepting these terms and conditions.
You have requested the playgroup, nannying services, program, session or workshop set out on our Site (Program), and accept these Terms by ticking a box online or via paper based enrolment form indicating your acceptance of these Terms.
Please read these Terms carefully and contact us if you have any questions.
We will provide the Program to you and your child in accordance with these Terms and in consideration for your payment of the Price.
We may provide the Program to you and your child using our employees, contractors and third party providers (Our Personnel), and they are included in these Terms.
Payment and bookings
You agree to pay us the Price at the time of making a request for the Program. All amounts are stated in Australian dollars and are inclusive of GST (unless otherwise stated). After you make payment of the Price in full for your request, we will send you a confirmation email.
Unless you otherwise notify us in writing or via enrolment form, you agree that we may take photographs of your child during the Program, and use those photographs on our website, social media platforms, and in other marketing material. You agree that all copyright in any photographs belongs to us.
Emergencies: We may be required to act if there is an emergency including, but not limited to, calling an ambulance. Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any costs that we may incur arising from or in connection with the emergency.
Minimum requirements: You agree that your child attending the Program is within the age bracket as set out on the Site for each particular Program.
Health information: You agree to disclose to us all medical, behavioural, and/or additional information, including allergies, special requirements, and medication at the time of booking a Program or as soon as possible after. Medication can only be administered by Our Personnel with your written signed permission and with our prior approval. If we approve the administration of a medication, the medication must be labelled with the child’s full name, dosage amount and instructions.
Clothing policy: You agree that you and your child will adhere to our clothing policy which can be found here: https://littleenvironeers.com/pages/clothing-policy
Drop-Off Time and sign-in: You agree that you will drop-off (or bring, if applicable) your child at/to the Location for your Program, at the Drop-Off Time, on each day of your Program, and sign-in your child using the Owner application.
Pick-Up Time and sign-out: You agree that you (or an authorised person noted on your booking or otherwise later communicated to us in writing and signed by you) will pick-up (or take home, if applicable) your child at/to the Location for your Program, at the Pick-Up Time, on each day of your Program, and sign-out your child using the Owner application. Anyone who is not you or an authorised person will not be permitted to pick-up your child. Your child will not be permitted to leave unattended, unless communicated to us in writing and signed by you, and agreed by us in writing.
Late fees: You agree that if you are late to drop-off your child or your child misses any portion of a Program, you will not be entitled to a refund for any missed portion of the Program. Where you are late to pick-up your child and prior arrangement has not been made, we will be entitled to charge you and you agree to pay us an additional fee of $10 for each 15 minutes or part thereof after the pick-up time (Late Fee). Such Late Fee is due and payable at the time of pick-up and should be paid directly to Our Personnel. If the Late Fee is not paid at the time of pick-up we will invoice you for such Late Fee and you must make payment within 5 business days. We may terminate your Program and these Terms if you fail to pay the Late Fee.
Illness: You agree that your child will not attend the Program if unwell, or suffering from a notifiable infectious or communicable disease as identified by the health department in Victoria. We may require that you provide a health certificate confirming that your child is not suffering from an infection or communicable disease. You agree that if we contact you to collect your unwell child, you or an authorised person will come as soon as possible to pick-up your child.
Accurate information: You agree that all information you provide to us is accurate, up-to-date and complete.
No reliance: You represent, warrant, acknowledge and agree that you have not relied on any representations or warranties made by us in relation to the Program (including as to whether Program is or will be fit or suitable for your or your child’s particular purposes), unless expressly stipulated in these Terms.
To ensure our Program is fun and enjoyable for everyone and that everyone is able to learn and engage in a safe, positive, and friendly environment, we expect your child follows our policies for standards of behaviour. For example, we do not accept bullying of any kind, your child disobeying instructions (especially safety instructions), inappropriate touching or inappropriate comments of any kind.
You understand that if your child does not meet those standards or otherwise demonstrates inappropriate behaviour, we have the right to remind your child of appropriate behaviours, respectfully redirect and at times physically remove your child for the purposes of engaging in calm discussions and reminders, suspend your Program for a specified period or cancel your Program. If we contact you to collect your child as a result of their behaviour, you agree to come immediately to pick-up your child. We will notify you of any behaviour that does not comply with our policies, and where appropriate provide warnings before any suspension or cancellation of your Program (and terminate these Terms). A refund will not be provided if your child’s Program is suspended or cancelled due to your child’s behaviour.
Cancellations and refunds
Your cancellation: You may cancel your Program by emailing us, identifying your Program and requesting cancellation of your Program. Your Program will not be cancelled until we provide confirmation of the cancellation of your Program in writing.
Where you cancel your Program:
- more than 7 business days before the date of your Program, we will refund you 100% of the Price for your Program;
- less than 7 business days before the date of your Program, you will not be entitled to a refund of any part of the Price;
- less than 7 business days before the date of your Program with a medical reason and you provide a medical certificate we will, at our discretion, provide you with a credit note to reschedule the Program. No refunds will be provided.
You agree the above cancellation fees are a genuine pre-estimate of our loss.
Our cancellation: Due to unforeseen circumstances such as illness, you acknowledge that we may need to reschedule the date/s of your Program. Where we need to reschedule a Program, we will notify you at our earliest convenience and if we cannot agree with you on a new date for the Program, we will cancel the Program and we will refund you the Price for your Program on a pro-rata basis. We will aim to find a suitable replacement Program Facilitator in the first instance who has been previously authorised to work for Little Environeers.
We also reserve the right to terminate a Program at any time where you have disclosed a medical, behavioural, and/or additional information to us which we determine, in our sole discretion, we are unable to safely manage. In such cases, we will cancel the Program and we will refund you the Price for your Program, on a pro-rata basis.
Termination of these Terms: Where a Program is cancelled these Terms will also terminate. Your, or our, accrued rights, obligations and remedies are not affected by termination of these Terms.
Your statutory rights
Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to our services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
You agree that our Liability for our services is governed solely by the ACL and these Terms.
Subject to your Statutory Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including the Program) are provided to you without warranties, representations and guarantees of any kind.
Liability, indemnity and exclusions
Exclusions: Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by (whether directly or indirectly): (1) any lost or stolen items (including if secured or “supervised”); (2) the acts or omissions of you or your child; (3) your breach of these Terms, any law or third party rights by you or your child; (4) any information, documentation, instructions, specifications or directions given by you; and (4) any event or circumstance beyond our reasonable control.
Indemnity: Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to make good, indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with: (1) acts or omissions of you or your child; or (2) any information, documentation, instructions, specifications or directions given by you or your child.
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law: (1) we will not be liable for any Consequential Loss; and (2) our maximum aggregate Liability in relation to the provision of the Program or these Terms will be limited to us resupplying the Program to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the provision of the relevant Program to which the Liability relates.
Disputes: Neither you, or us, may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a representative of the other party to seek (in good faith) to resolve the Dispute.
Governing law: These Terms are governed by the laws of Victoria. You, and we, irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
GST: If and when applicable, GST payable on the Price will be set out on our Site. You agree to pay the GST amount at the same time as you pay the Price.
Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
In these Terms, unless the context otherwise requires, the following words mean:
Consequential Loss includes any consequential, special or indirect loss, damage or expense including any real or anticipated loss of revenue, loss of profit, loss of use, loss of occupation, loss of benefit, loss of financial opportunity, or economic loss whether arising out of a breach of these Terms, at law, under any statute, in equity, or in tort (including negligence).
Drop-Off Time means the timeframe within which you must drop off (or bring) your child to the Location for your Program, as set out on the Site.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party, a Party or otherwise.
Location means the premises, where the Program is to be provided, as set out on the Site for your Program.
Pick-Up Time means the timeframe within which you must pick up (or take home) your child from the Location, as set out on the Site.
Price means the price as set out on our Site for the Program, and all other reasonable expenses or disbursements properly incurred by us in the provision of the Program.
Site means our website where you can view and purchase Programs, located at https://www.littleenvironeers.com/