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Kindoo! Terms and Conditions of Service as at August 2018

A. Enrolment Form and Complying Written Agreement (CWA) details

In submitting the Kindoo! Enrolment and CWA form, you confirm that:
1. You are the/a person with the care, custody and control of the child nominated on the Enrolment Form (‘Your Child’); and
2. The details provided on the Kindoo! Enrolment and CWA Form for Your Child are all true and correct; and
3. You approve Your Child's involvement in Kindoo's Before Kindergarten, Kindoo! Kindergarten, After Kindergarten, Evening, Full Day Care and/ or Holiday Program Services, hereafter referred to as the "Services", and have read and understood all the terms and conditions on this form.
You understand and acknowledge that:
1. Kindoo! will record attendance details for each Service provided for Your Child and submit these regularly to DHHS using the CRN and Child Care Subsidy (CCS) claimant details you have provided.
2. You acknowledge that you have provided Centrelink with this same information; and
3. If you provide incorrect details, Kindoo! is not required to submit or resubmit to DHHS any attendance data in respect of Your Child, and
4. You understand that if any details are incorrect, unsubmitted or unconfirmed in MyGov then full fees are payable by You for use of the Service until the details are corrected by Centrelink.

B. Services

You delegate the custody and control of Your Child to Kindoo! whilst Kindoo! is caring for Your Child and agree to accept the Employees and facilities that Kindoo! provides to care for and educate Your Child.
You acknowledge that, although Kindoo! warrants that it will at all times and to the best of its ability use all reasonable care in respect of Your Child, there are inherent and unforeseeable dangers and difficulties in providing the Services and Kindoo! cannot guarantee the wellbeing of Your Child at all times.
You authorise Kindoo! to take any action it considers necessary, appropriate or in the best interests of Your Child in the circumstances to protect Your Child or any other Child at a Campus or otherwise under its care or control, and
You give permission for Your Child to participate in activities organised for the Service Your Child will be attending, including watching G Rated videos/movies.

C. Medical acknowledgements and consents

You accept that a decision of Kindoo! that Your Child is contagious or too ill to attend a Campus is final and agree to ensure Your Child is collected promptly after being informed of such a decision.
You acknowledge and agree that according to the No Jab, No Play laws that Your Child is fully immunised for their age or on a vaccination catch-up program or unable to be fully immunised for medical reasons and that sufficient evidence must be provided to Kindoo! at the time of enrolment in order for Your Child to be accepted into Kindoo's custody. If Your Child is not fully immunised Your Child may be excluded from attending the Campus for such time as the Department of Health and Human Services determines and the Service Payment must still be paid for the Booked Hours.
You accept that if Your Child has a contagious illness, You will not return Your Child to the Campus until:
i. Kindoo! advises that Your Child may return to the Campus; or
ii. Kindoo! has been provided with medical certificate from a registered medical practitioner confirming Your Child is no longer contagious.
You consent to first aid being administered to Your Child by any person who is the holder of a current first aid certificate or is a registered nurse.
If Your Child’s temperature is at or above 38degC and Kindoo! is unable to contact You, the parents, guardians or emergency contacts listed on Your Child’s Enrolment Form within a reasonable time, You permit Kindoo! to administer paracetamol to Your Child in accordance with the dosage recommendations of the manufacturer.
In the event of any illness or injury to Your Child whilst your Child is in the care, custody or control of Kindoo! and if in the opinion of Kindoo! it is necessary to do so, you authorise Kindoo! to seek urgent:
     i. medical or dental treatment from the doctor or dentist nominated on Your Child’s Enrolment Form, from another doctor or dentist or from a hospital or ambulance service;
    ii. assistance from any person nominated on Your Child’s Enrolment and CWA Form; and/or
    iii. ambulance transportation.
You acknowledge Kindoo! will inform You as soon as possible about the nature of the illness or injury to Your Child.
You understand and accept that an Employee can only administer medication to Your Child if:
i. the medication has been authorised by Your Child’s parent or guardian and/or a registered medical practitioner; and
ii. the details of the medication and its administration have been accurately recorded in a Medication Authorisation Form.
You agree to reimburse Kindoo! for any charges, costs or expenses incurred by it in obtaining any medical, hospital or related treatment for Your Child contemplated by this clause 3.
You authorise Kindoo! to apply:
1. an SPF30+ sunscreen to all unprotected areas of skin on Your Child as necessary; and/or
2. non-prescription insect repellent, nappy rash cream and/or moisturiser to Your Child as necessary, unless such application is recorded as not permitted in a Medication Authorisation Form.
You authorise Kindoo! to respectfully check Your Child’s head if it is concerned about the presence of head lice.
You consent to Kindoo!:
1. conducting various screening(s), observations or assessment(s) for Your Child including for sight, hearing, speech or by an occupational therapist (Screenings); and
2. sharing with or making available to relevant Employees and either parent or guardian of Your Child any information or reports relating to such Screenings.
You agree to provide to Kindoo! upon request, and if there are any changes or updates, Your Child’s current immunisation statement from Medicare.

D. Other Authorisations

You consent to Kindoo! taking Your Child on local excursions which may or may not include any type of transportation or the crossing of main roads unless expressly prohibited in Your Enrolment and CWA Form.
You consent to Kindoo! providing, or bringing third party service providers onto the Campus to provide activities or programs that Kindoo! considers to be in the interests of Your Child (including the Screenings) and consent to Your Child’s participation in any of those activities or programs.
You consent to Your Child being photographed and/or filmed at a Campus or while in the care of Kindoo! and any resulting images, together with Your Child’s first name, being used by Kindoo! in connection with the Services, including for:
1. display in a Campus or use in connection with Campus activities or programming;
2. keeping records of my Child’s Campus activities including artwork (whether done in a group or individually);
3. recording dietary or allergy information or for other health or wellbeing purposes;
4. publication on the Kindoo! website; and/or
5. training purposes, but excluding any use for marketing or promotional purposes, for which specific consent will be sought

unless expressly prohibited in Your Enrolment and CWA Form.

You consent to Your Child being collected from or brought to the Campus by any person listed in the ‘Authority to Collect’ or ‘Emergency Contacts’ sections of the Enrolment Form or by a Kindoo! Employee for transport service to/ from Your Child's usual kindergarten, even if You have not given or received prior advice of such collection and agree to advise Campus Employees if Your Child is to be collected by any other person.
You acknowledge that Kindoo! may require any person collecting Your Child to be introduced to the appropriate Employees and provide photo identification prior to Your Child being released to them.
You acknowledge that Kindoo! may require any person collecting Your Child to seek an alternative form of transportation should the person collecting Your Child be under the influence of any alcohol and/ or drug.
You acknowledge that the maximum amount of time that Your Child may attend Kindoo! within each 24hour period is 11.5 hours.
You acknowledge and understand that a minimum number of children are required to run the Evening Care sessions (Monday -Saturday). In the event that the minimum number has not been met your will be notified by phone or email about any cancellations.
You acknowledge and understand that a minimum number of children are required to run each Holiday Program Session. In the event of a Session being cancelled Kindoo! Australia will notify You by phone or email.
You understand that Holiday Session excursion transport is subject to cancellation or alteration in the event of unsuitable weather conditions or other factors which may arise that are beyond Kindoo's control.
You accept, except as otherwise expressly required by law, Kindoo! does not have any liability for personal injury, property damage or loss sustained by any participant as a result of his or her participation at the Service or during transport to/from Campus due to any cause whatsoever unless caused by the proven negligence of Kindoo! Australia, its directors or employees.
You understand that if Your Child continuously demonstrates inappropriate behaviour after guidance procedures have been followed, you will be notified and Your Child may be removed or suspended for a period to be determined or excluded permanently from the Service.

E. Enrolment Kindoo! Kindergarten Term

You agree that Your Child’s enrolment with Kindoo! Kindergarten (and my obligation to pay the Service Payment for the Booked Kindergarten Term/s):

starts on the Commencement Date of the Kindoo! Kindergarten Service; and
continues until terminated in accordance with these Terms and Conditions.

F. Fees and charges

Service Payment/s
1. You agree to pay for all of the sessions your child is successfully enrolled in (and not cancelled within the relevant time frame), regardless of whether your child actually attends.

You acknowledge and agree that the Service Payment will be forfeited, in full:
1. If You cancel Your Child’s enrolment for Service within 24 hours prior to the Commencement Time for Your Child; or
2. For Kindoo! Kindergarten and other permanent enrolments, within 4 weeks of the date of giving written notice to Kindoo!; or
3. for Holiday Program, within 7 days of the commencement of the holiday period.
4. You agree to pay the Service Payment as directed by Kindoo! and that Services must be paid for via Direct Debit from your nominated Credit Card or Bank Account by the due date on your issued invoice.
5. You acknowledge and agree that any benefits, subsidies or other Government rebates will be directly paid to Kindoo and the amount payable is the gap.
6. You acknowledge that if You fail to pay the Service Payment, Kindoo! may immediately cease to provide the Services to, and/or terminate the enrolment of Your Child
7. You acknowledge that Service Payments are determined and set by Kindoo! at its sole discretion and are payable in respect of public holidays and designated Campus closure days which may fall on Your Child’s Booked Hours and when Your Child is absent for any reason.
8. You agree that Kindoo! Kindergarten and any other Permanent Booking Service Payments will be charged to Your nominated credit card or bank account on a weekly basis, until You notify Kindoo! of Your cancelation in writing. Four weeks written notice is required for all permanent bookings.
9. Service Payments may be changed or varied by Kindoo! at any time.
10. You give permission for Your Child to leave and/ or enter the Campus to participate in activities as indicated in the Holiday Program Session.
11. You authorise Kindoo! to use for publicity and advertising purposes, photographs of participants taken at Campus or elsewhere and will inform us via an update of your Enrolment and CWA form if Your Child cannot be photographed.
12. You understand that bookings made within 7 days or less of the Holiday Session commencement date will incur Emergency Service Fees.
13. You acknowledge that any changes and cancellations must be made 7 days prior to the first day of a Holiday Session. Any changes to bookings made with less than 7 days notice before the commencement date or during the Holiday Program Session period will result in the full fee being charged.
14. Children with additional needs must be booked into a Holiday Session more than 2 weeks in advance to ensure funding and additional staffing needs can be met. Children with additional needs (ISS) not booked within the relevant time period may not be able to use the nominated Service.

Payments- other
1. You acknowledge that You will be required to pay Service Payments and any other fees and charges payable under these Terms and Conditions by Direct Debit from your nominated Credit Card or Bank Account. You agree to provide and maintain the necessary details and authorisation to allow Kindoo! to set up and administer the required payment process.
2. You agree that session times are fixed and that should Your Child be in attendance at a Kindoo! Service where the session time has finished, that you will be charge a late pick up fee of $20 for the first 10 minutes and then $1 for every minute thereafter.
3. You acknowledge and agree that should you elect to use the Kindoo! Transport Service that this will form part of Your Child’s Service.
4. You agree to pay a $50 administration fee each time there are insufficient funds in Your debit card account (or if my credit card is rejected by the bank) when Kindoo! seeks to processes any of the payments, fees, charges or reimbursements payable in relation to Your Child under these Terms and Conditions.
5. You acknowledge that any applicable Direct Debit Processing Fees will also be payable by the card holder/account holder at the time the transaction is processed.
6. You understand that Kindoo! will charge a $2.00 fee to Your nominated card for every printed statement mailed.

G. Termination of Kindoo! Kindergarten and other Permanent Booking Services

You agree to give Kindoo! notice of Your intention to terminate the enrolment of Your Child in the Kindoo! Kindergarten Service or any other Permanent Bookings by providing a minimum 4 weeks written notice.
You agree that if you give Kindoo! less than the required Notice Period You will be obliged to pay Kindoo! an amount equivalent to the relevant Notice Period’s worth of gross Kindoo! Kindergarten Service Payment (including CCS, Jobs Education Training and Child Care Fee Assistance or “third party payers”) that You would otherwise owe to Kindoo! based on Your scheduled use of the Services at the time of giving notice.
You acknowledge that:
1. any changes to Your scheduled account billing details must be advised to, and formalised with, the Centre Director of Your Kindoo! Campus by 12pm on the Friday before Your Child’s billing day and that any changes requested after this time may not be implemented before the next billing day; and
2. The completion of a new Credit Card or Bank Account Details form is required before any changes can be made to Your account billing details.

H. Liability

Kindoo! 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.
Kindoo’s 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.
You acknowledge that, to the maximum extent permitted by law, Kindoo! excludes all liability for any costs, expenses, losses and damages suffered by You and/ or Your Child, whether that liability arises in contract, tort (including by Kindoo’s negligence) or under statute in connection with its provision of the Services. Without limitation, Kindoo! will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.

I. No solicitation of staff

You will not offer to employ or engage or procure or seek to procure the services of any Employee of Kindoo! during Your Child’s enrolment and for a period of 12 months after Your Child’s enrolment ends.

J. Privacy

You acknowledge that Kindoo!:
i. collects personal information in relation to provision of the Services and for invoicing; and
ii. may disclose this personal information to its associated companies, to credit reporting agencies and other third parties such as debt collection agencies as required.
You confirm that you are aware of and agree to Kindoo’s privacy policy which is accessible on the Kindoo! website.

K. Behaviour of Parents/Guardians

You agree that You have a responsibility to treat all Kindoo! team members with respect and agree to behave appropriately at all times when dealing with any Employee. Swearing, raised voices and rudeness directed at Kindoo! Employees will not be tolerated and You understand Your Child’s enrolment may be terminated if You breach this provision.
You 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 You by Kindoo! or in relation to the Services confidential.
You understand that Kindoo! can choose not to accept my Child into Services if:
1. any of these Terms and Conditions are breached; or
2. Kindoo! believes it is unable to adequately care for Your Child due to any special or medical needs or behavioural problems.
Kindoo! reserves the right to terminate, without notice, the Services in respect of Your Child if it believes (in its absolute discretion) that to do so is in the best interests of:
1. Your Child, or
2. Other children at that Campus, or
3. The Employees of Kindoo!; or
4. The business operations or reputation of Kindoo!.
Kindoo! reserves the right to refuse entry to its Campus to anyone for any reason and at any time.

L. Amendments

You accept that Kindoo! may change these Terms and Conditions without notice to You provided that the updated Terms and Conditions are made available on If changes to the Terms and Conditions would reasonably be expected to be material to You, you will be given reasonable notice before such changes apply.

M. Governing law

The laws of the State of Victoria apply to these Terms and Conditions and any services provided by Kindoo!.

N. Glossary

Booked Hours means the hours on which a child is booked per week to regularly receive the Services at a Campus as set out in the Enrolment Confirmation.
Campus means a premises or location managed or controlled by Kindoo! from which it provides the Services.
CCS means the Child Care Subsidy parents will receive based on your families combined income and level of activity.
Service Payment means the fees that Kindoo! determines are payable for a child’s enrolment at a Campus and includes fees payable for Before Kindergarten Care, After Kindergarten Care, Kindoo! Kindergarten, Evening Care and Holiday Program sessions (and where applicable means the aggregate of these fees over time).
CRN means a customer reference number from Centrelink.
DHHS means the Commonwealth Department of Health and Human Services.
Employee means any employee, servant, contractor or agent of Kindoo! or any other person attending at a Campus with the permission of Kindoo! in relation to the provision of the Services.
Enrolment Confirmation means the correspondence sent to a child’s parent or guardian by Kindoo!, confirming the date, times and Service Payment payable to Kindoo! in relation to a Service booked and other terms and conditions upon which that child is enrolled at a Campus.
Enrolment Form means the Kindoo! Enrolment Form completed in relation to a Child’s enrolment at a Campus.
Medication Authorisation Form means the form described as such and completed and signed as part of the attendance of a child.
Notice Period has the meaning given in clause 7.
Permanent Service Booking means a booking for the same service on a nominated day or days which carries over from week to week
Kindoo! means Our Ark FTG Pty Limited ABN 71 619 622 561 and/or any associated entity that manages or operates a Campus or provides Services and where the context requires, includes its Employees.
Session means the time period for which Your Child has booked with Kindoo!
Service/s means services in relation to the education, development, care and well-being of children and related services provided at or by means of a Campus and includes but is not limited to Before Kindergarten Care, Kindoo! Kindergarten, After Kindergarten Care, Evening Care, Full Day Care and/ or Holiday Programs.