These Terms of Enrolment govern the Enrolment of the Child and continue to apply until completion of the Child’s Enrolment and payment in full of all monies due to Educator and/or THRIVE GROUP
1. Definitions
In these Terms of Enrolment:
Business Day means a day which is not Saturday, Sunday or public holiday in Launceston, Tasmania.
Child means the child or children whose details are set out on page 1 of the Enrolment Form.
Child Care Enrolment Record means the online enrolment record for enrolling Your Child with THRIVE GROUP for child care.
Complying Written Agreement and/or Agreement means the agreement which contains the Schedule of Fees and terms of the provision of care.
Consent to Publication of Information means the consent to publication of images in the Child Care Enrolment Record.
Educator means the registered family day care educator who will provide the child care services.
Enrolment means the enrolment of the Child with THRIVE GROUP in accordance with the Terms of Enrolment.
Enrolment Form means the form recording the Child’s enrolment with THRIVE GROUP, which is completed via the Software System or the paper based enrolment form provided to a Guardian.
Enrolment Letter means the enrolment letter provided to a Guardian together with the Complying Written Agreement and the Family Information Handbook.
Family Information Handbook means the family day care information handbook (as amended from time to time) which is available to Guardians upon completion of Enrolment via the Software System utilised by THRIVE GROUP, or upon request.
Fees means the fees in the Schedule of Fees and as detailed further in the Family Information Handbook.
Guardian means the parent or guardian who is/are legally responsible for the Child and who signs the Enrolment Form.
THRIVE GROUP means Thrive Group Tasmania Inc ABN 97 657 433 721.
Policies means the policies of THRIVE GROUP listed at the following link https://thrivegroup.org.au/policies-access/ as amended from time to time and made available at the THRIVE GROUP head office and individual services premises.
Schedule of Fees means the Educator’s fee schedule as set out in the Complying Written Agreement.
Software System means the software system utilised by Us for, among other thing, the enrolment of a Child.
Terms of Enrolment means this document and incorporates the Enrolment Form, the Childcare Enrolment Record, the Enrolment Letter, the Complying Written Agreement, the Consent to Publication of Information, the Policies, the Family Information Handbook and any annexures included in these documents.
We, Us, Our means THRIVE GROUP and/or the Educator.
You or Your means the Guardian.
2. CHANGES TO TERMS OF ENROLMENT
2.1 You acknowledge that THRIVE GROUP may change the Terms of Enrolment by giving You written notice of no less than two weeks.
2.2 Any variations or amendments to the Terms of Enrolment will apply from the date specified in the notice, being not less than two weeks after the notice is issued.
2.3 If You or Your Child’s circumstances change, You may vary the terms of your Child’s care arrangement as set out in the Enrolment Form by providing written notice to Us of no less than two weeks.
2.4 The two weeks’ notice period in both clauses 2.2 and 2.3 may be waived if mutually agreed in writing by both THRIVE GROUP and the enrolling Guardian.
3. GENERAL TERMS OF ENROLMENT
3.1 The Schedule of Fees may be updated from time to time, and includes information about payment options. The provisions of clause 2 apply to this clause 3.1.
3.2 The law of Tasmania from time to time governs these Terms of Enrolment. The parties agree to the non-exclusive jurisdiction of the courts of Tasmania, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
3.3 THRIVE GROUP’s failure to enforce any of its rights (under these Terms of Enrolment or otherwise) shall not be construed as a waiver of any of THRIVE GROUP’s rights.
3.4 If any part of these Terms of Enrolment is unenforceable it shall be read down to be enforceable or, if it cannot be read down, it shall be severed from these Terms of Enrolment without affecting the enforceability of the remaining Terms of Enrolment.
4. RESPONSIBILITY FOR PAYMENT OF FEES
4.1 Each person who signs the Enrolment Form accepts legal responsibility for payment of Fees incurred for the entire period of the Enrolment of the Child.
4.2 Payment of Fees is subject to all the Terms of Enrolment contained in the Enrolment Form.
4.3 Where there is more than one person responsible for the guardianship of a Child, each person is to complete a separate Enrolment Form and Complying Written Agreement whereby each person who has signed the Enrolment Form and Complying Written Agreement will be responsible for any Fees associated with care provided to the Child as per the terms of their individual Complying Written Agreement.
5. ADMINISTRATION FEE
5.1 You may be required to pay an administration fee as shown in the Schedule of Fees.
6. FAILURE TO PAY
6.1 Where payment is not made to Us on time, debt recovery action may be commenced against any one or all of the parent(s)/guardian(s) who signed the Enrolment Form.
6.2 If You fail to make payment of any Fees owing to Us within thirty days of the due date for payment, We will be entitled (without prejudice to any other right or remedy We may have) to do one or more of the following:
a. suspend the Child’s enrolment at Our sole discretion until payment is made;
b. terminate the Child’s enrolment in accordance with clause 7;
c. charge interest on overdue amounts at the Supreme Court of Tasmania then prescribed rate for post-judgement interest per annum from the due date to the date payment is received in full; and/or
d. appoint a collection agency and/or solicitor to collect overdue Fees.
6.3 THRIVE GROUP may charge You for, and You indemnify the THRIVE GROUP from, all reasonable costs and expenses (including without limitation all legal and/or collection costs and expenses on an indemnity basis) incurred by THRIVE GROUP resulting from the default (failure to pay) or in taking action to enforce compliance with these Terms of Enrolment.
7. TERMINATION
7.1 THRIVE GROUP may at its discretion, terminate the Child’s enrolment by giving You written notice if:
a. You do not comply with an obligation set out in the Enrolment Form, including in relation to payment of fees in accordance with clause 4; or
b. There is a legal impediment preventing THRIVE GROUP from allowing the Child’s enrolment to continue.
7.2 You may terminate the Child’s enrolment for any reason by providing notice of withdrawal of no less than two weeks. If you terminate the Child’s enrolment in accordance with this clause 7, You must pay all Fees due and payable at the time of termination.
8. INDEMNITIES
8.1 You indemnify the THRIVE GROUP, its agents, employees or contractors against any damages, costs, losses, liabilities, expenses and claims arising during or after the Child’s enrolment suffered by THRIVE GROUP or in any claim against THRIVE GROUP caused by You or the Child, except to the extent caused or contributed to by THRIVE GROUP, it’s agents, employees or contractors.
8.1 Nothing in the Terms of Enrolment is to be read as excluding, restricting or modifying any guarantees, warranties, representations or conditions implied or imposed by any which by law cannot be excluded, restricted or modified.
9. FORCE MAJEURE
THRIVE GROUP is not liable to the other parties for any failure to perform an obligation under these conditions, provided that THRIVE GROUP has made all reasonable efforts to minimise the effects such events may have on the performance of its obligations, to the extent that such failure is caused by or due to:
a. an act of God,
b. any Governmental requisition, control, intervention, requirement or interference;
c. any circumstances arising out of war, threatened act of war or warlike operations;
d. acts of terrorists or the consequences thereof;
e. riots, civil commotions, blockages or embargoes;
f. epidemics;
g. earthquakes, landslides, floods or other extraordinary weather conditions;
h. strikes, lockouts or other industrial action;
i. fire, accident or explosion; or
j. any other act or circumstance which is beyond the reasonable control of THRIVE GROUP which makes performance of that obligation impossible.
10. PRIVACY
We are committed to protecting your privacy. For more information about how Thrive Group collects, uses, holds and discloses personal information, please view our Privacy and Confidentiality Policy available at https://thrivegroup.org.au/policies-access/
11. NOTICES
A notice may be handed to You or Us personally or sent by email, facsimile or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received on the second Business Day after posting if sent by express post; or if by regular post, the greatest number of Business Days which Australia Post’s website estimates is applicable to mail sent on the day it is posted and between those locations. Notices sent by facsimile or email are deemed received on confirmation of successful transmission. Notice to one parent/guardian is deemed to be notice to all parents/guardians.
