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Terms and Conditions of Waitlist and Enrolment

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1. Enrolment Form details

a. I confirm that:
i. I am the/a person with the care, custody and control of the child nominated on the Enrolment Form (my Child); and
ii. the details provided on the Enrolment Form for my Child are all true and correct.
b. I understand and acknowledge that:
i. Only About Children will record attendance details for each session of care provided for my Child and submit these regularly to DHS using the CRN and CCR/CCB claimant details I have provided; and
ii. if I provide incorrect details, Only About Children is not required to submit or resubmit to DHS any attendance data in respect of my Child.
 

2. Child Care
a. I delegate the custody and control of my Child to Only About Children whilst Only About Children is caring for my Child and agree to accept the Employees and facilities that Only About Children provide to care for my Child.
b. I acknowledge that, although Only About Children 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 Only About Children cannot guarantee the wellbeing of my Child at all times.
c. I authorise Only About Children to take any action it considers necessary, appropriate or in the best interests of my Child in the circumstances to protect my Child or any other child at a Campus or otherwise under its care or control.

 

3. Medical acknowledgements and consents

a. I accept that a decision of Only About Children that my Child is contagious or too ill to attend a Campus is final and I agree to ensure my Child is collected promptly after being informed of such a decision.
b. I acknowledge and agree that in the event of an outbreak of a vaccine-preventable disease at a Campus, Only About Children may be required to notify the Department of Health of any children in that Campus that have not been fully immunised. If my Child is not fully immunised my Child may be excluded from attending the Campus for such time as the Department of Health determines and the Childcare Fee must still be paid for the Booked Days.
c. I accept that if my Child has a contagious illness, I will not return my Child to the Campus until:

i. Only About Children advises me that my Child may return to the Campus; or

ii. Only About Children has been provided with medical certificate from a registered medical practitioner confirming my Child is no longer contagious.

d. I consent to first aid being administered to my Child by any person who is the holder of a current first aid certificate or is a registered nurse.
e. If my Child’s temperature is at or above 38oC and Only About Children is unable to contact me, the parents, guardians or emergency contacts listed on my Child’s Enrolment Form within a reasonable time, I permit Only About Children to administer paracetamol to my Child in accordance with the dosage recommendations of the manufacturer.

f. In the event of any illness or injury to my Child whilst my Child is in the care, custody or control of Only About Children, and if in the opinion of Only About Children it is necessary to do so, I authorise Only About Children 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.

I acknowledge Only About Children will inform me as soon as possible about the nature of the illness or injury to my Child.
g. I understand and accept that an Employee can only administer medication 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 Authorisation Form.

h. I agree to reimburse Only About Children for any charges, costs or expenses incurred by it in obtaining any medical, hospital or related treatment for my Child contemplated by this clause 3.

i. I authorise Only About Children 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, unless such application is recorded as not permitted in a Medication Authorisation Form.

j. I authorise Only About Children to respectfully check my Child’s head if it is concerned about the presence of head lice.

k. I consent to Only About Children:

i. conducting various screening(s), observations or assessment(s) for my Child including for sight, hearing, speech or by an occupational therapist (Screenings); and

ii. sharing with or making available to relevant Employees and either parent or guardian of my Child any information or reports relating to such Screenings.

l. I agree to provide to Only About Children upon request, and if there are any changes or updates, a copy of a Conscientious Objector Letter or my Child’s current immunisation statement from Medicare.

 

4. Other Authorisations

a. I consent to Only About Children taking my Child on local excursions which do not include any type of transportation or the crossing of main roads.

b. I consent to Only About Children providing, or bringing third party service providers onto the Campus to provide activities or programs that Only About Children 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.

c. I consent to my Child being photographed and/or filmed at a Campus or while in the care of Only About Children and any resulting images, together with my Child’s first name, being used by Only About Children in connection with the Services, including for:

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

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

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

iv. publication on the Only About Children Oac CONNECT application; and/or

v. training purposes,

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

d. I consent to my 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, even if I have not given prior advice of such collection and agree to advise Campus Employees if my Child is to be collected by any other person.
e. I acknowledge that Only About Children 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.

 

5. Enrolment Term

a. I agree that my Child’s enrolment with Only About Children (and my obligation to pay the Childcare Fees for the Booked Days):

i. starts on the Commencement Date; and

ii. continues until terminated in accordance with these Terms and Conditions.

b. I acknowledge that it is a condition of my Child’s Standard Enrolment that they attend a minimum of 2 Booked Days per week and that this includes either a Monday or a Friday.

c. I understand and agree that:

i. my Child is enrolled in the designated Room; and

ii. the opportunity to transition to the next age group Room will be offered to my Child based on availability over time and otherwise at Only About Children’s discretion.

 

6. Fees and charges

Enrolment Fee and Waitlist Fee
a. I acknowledge that a Waitlist Fee and an Enrolment Fee is payable by me to Only About Children in relation to my Child’s Standard Enrolment and that these fees are non-refundable administration charges and will not be offset against the Childcare Fees payable for my Child.

Initial Payment
b. If applicable, I agree to pay the Initial Payment prior to my Child first attending a Campus and in accordance with the Enrolment Confirmation.
c. I acknowledge and agree that the Initial Payment:

i. will be forfeited, in full, if I cancel my Child’s enrolment at a Campus at any time prior to the Commencement Date for my Child; and

ii. will, following the Commencement Date, be then held by Only About Children for the duration of my Child’s enrolment as a security deposit and not be refunded until 14 days after my Child’s enrolment has ended, provided that I have paid to Only About Children all monies I owe.

Childcare Fees
d. I agree to pay the Childcare Fees as directed by Only About Children.
e. I acknowledge that if I fail to pay the Childcare Fees on time Only About Children may immediately cease to provide the Services to, and/or terminate the enrolment of, my Child.
f. I acknowledge that the Childcare Fees for Standard Enrolment are determined and set by Only About Children at its discretion and are payable in respect of public holidays and designated Campus closure days which may fall on my Child’s Booked Days and when my Child is absent for any reason.
g. The Childcare Fees may be changed by Only About Children at any time, including during the time in which my Child is enrolled.
h. I agree that if I book an Oac Extra Day or an Oac Flexi 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 Oac Extra Day Fee or Oac Flexi Day Fee (as the case may be) for that booking regardless of my Child’s non-attendance.
i. I acknowledge that all Oac Flexi Day Fees must be paid in advance as directed by Only About Children.
j. I agree that if my Child is collected late from a Campus, at the end of the day or the end of a session in relation to Oac Flexi Days, I may be charged a late collection fee.

 

7. Payments

a. I acknowledge that I may 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 (at Only About Children’s direction) and I will provide and maintain the necessary details and authorisation to allow Only About Children to set up and administer the required payment process.
b. I agree to pay a $50 administration fee each time there are insufficient funds in my bank account (or if my credit card is rejected by the bank) when Only About Children seeks to processes any of the fees, charges or reimbursements payable in relation to my Child under these Terms and Conditions.

 

8. Termination of Services

a. I agree to give Only About Children notice of my intention to terminate the Services in respect of my Child in the following manner:
For Standard Enrolment

i. If providing notice to Oac between October to February, I will give at least 8 weeks written notice; or

ii. If providing notice to Oac between March to September, I will give at least 6 weeks written notice; and

For Oac Flexi Day Enrolment

iii. I will provide 48 hours written to Oac at any time, (each, as applicable, a Notice Period)

b. I agree that if I give Only About Children less than the required Notice Period I will be obliged to pay Only About Children 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 Only About Children based on my use of the Services at the time of giving notice.
c. I agree to give Only About Children at least 4 weeks’ prior written notice of my intention to alter my Child’s number of Booked Days (acknowledging that proposed reductions are subject to clause 5 b. above and increases subject to availability).
d. If sufficient notice is not given under clause 8c., I agree to continue to pay Only About Children the Childcare Fees for the Booked Days that I would otherwise have paid to Only About Children for up to 4 weeks, based on the use of the Services at the time the notice is given.
e. I acknowledge that:

i. any changes to my weekly account billing details must be advised to, and formalised with, the administration office of Only About Children by 12pm on the Friday before my Child’s billing day and that any changes requested after this time may not be implemented before the next billing day; and

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

 

9. Liability

a. Only About Children 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. Only About Children’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.

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

 

10. No solicitation of staff

I will not offer to employ or engage or procure or seek to procure the services of any Employee of Only About Children during my Child’s enrolment and for a period of 12 months after my Child’s enrolment ends.

 

11. Privacy

a. I acknowledge that Only About Children:

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.

b. I confirm that I am aware of Only About Children’s privacy policy which is accessible on the Only About Children website.

 

12. Behaviour of Parents/Guardians

a. I agree that I have a responsibility to treat all Only About Children 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.
b. 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 Only About Children or in relation to the Services confidential.
c. I understand that Only About Children can choose not to accept my Child into care if:

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

ii. Only About Children believes it is unable to adequately care for my Child due to any special or medical needs or behavioural problems.

d. Only About Children 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:

i. the Child,

ii. other children in that Campus,

iii. the Employees; or

iv. the business operations or reputation of Only About Children.

e. Only About Children reserves the right to refuse entry to any of its Campuses to anyone for any reason and at any time.

 

13. Amendments

You accept that Only About Children may change these Terms and Conditions without notice to me provided that the updated Terms and Conditions are made available on www.oac.edu.au/termsandconditions. 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.

 

14. Governing law

The laws of the State where your Child is enrolled apply to these Terms and Conditions and any services provided by Only About Children.

15. Glossary

a. Booked Days means the days on which a child is booked per week under a Standard Enrolment to regularly receive the Services at a Campus as set out in the Enrolment Confirmation.
b. Campus means a premises or location managed or controlled by Only About Children from which it provides the Services.
c. CCB means the government approved child care benefit.
d. CCR means the government approved child care rebate.
e. Childcare Fees means the fees that Only About Children determines are payable for a child’s enrolment at a Campus and include fees payable for Booked Days, Oac Extra Days and/or Oac Flexi Days (and where applicable means the aggregate of these fees over time).
f. Commencement Date means the date on which a child’s enrolment starts as set out in that child’s Enrolment Confirmation.
g. CRN means a customer reference number from Centrelink.
h. DHS means the Commonwealth Department of Human Services.
i. Employee means any employee, servant, contractor or agent of Only About Children or any other person attending at a Campus with the permission of Only About Children in relation to the provision of the Services.
j. Enrolment Confirmation means the correspondence sent to a child’s parent or guardian by Only About Children, confirming the Commencement Date, Room, Booked Days (as applicable), Childcare Fees and other terms and conditions upon which that child is enrolled at a Campus.
k. Enrolment Fee means a non-refundable fee payable to Only About Children upon acceptance of a child’s offer of enrolment.
l. Enrolment Form means the Only About Children enrolment form completed in relation to my Child’s enrolment at a Campus.
m. Initial Payment means a payment equal to the lesser of 4 weeks’ gross Childcare Fees or a capped amount determined by Only About Children (such amount to be advised in the Enrolment Confirmation) required to secure my Child’s Standard Enrolment at a Campus.

n. Medication Authorisation Form means the form described as such and completed and signed as part of the enrolment process for a child.
o. Notice Period has the meaning given in clause 9.
p. Oac Extra Day means a day on which a child under a Standard Enrolment attends a Campus and receives the Services that falls outside the child’s Booked Days or other structured enrolment schedule (as may be arranged with Only About Children from time to time).
q. Oac Extra Day Fee means the fee that Only About Children determines is payable for an Oac Extra Day attendance by a child.
r. Oac Flexi Day means a day (which may be a full day or sessional) on which a child attends a Campus under an Oac Flexi Day Enrolment.
s. Oac Flexi Day Enrolment means a child’s enrolment to attend a Campus on Oac Flexi Days only.
t. Oac Flexi Day Fee means the fee(s) that Only About Children determines is payable for an Oac Flexi Day attendance by a child.
u. Only About Children means Only About Children Pty Limited ACN 107 666 624 and/or any associated entity that manages or operates a Campus or provides Services and where the context requires includes its Employees.
v. Room means the room in which the child is booked to receive the Services as set out in the Enrolment Confirmation.
w. 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 Campus.
x. Standard Enrolment means a child’s enrolment to attend a Campus on Booked Days or following another structured enrolment schedule (as may be arranged with Only About Children from time to time).
y. Waitlist Fee means a fee payable to Only About Children upon placing the child