Learn and Grow (Qld) Program Terms and Conditions

Our Learn and Grow (Qld) Prep Readiness Program (‘Program’) is designed to prepare your child for their preparatory year of schooling, combined with a unique farm experience. Our Program focusses on your child’s foundational year of learning through play and fun. Your child will thrive in the acreage setting, learn new skills in both the classroom and outdoors. Your child will learn about different farm animals and growing various edible garden plants in small group activities and enjoy experiences that will give them the skills and confidence to enter their first year of formal education.

We focus on the early educational concepts that are extremely important for growth and development including numeracy and literacy skills, fine and gross motor development, social and emotional awareness, communication and confident building and creativity and cognitive stimulation.

These terms and conditions apply to the Program offered by Learn and Grow (Qld) Pty Ltd ABN 90 664 824 766 (referred to as ‘Learn and Grow’, ‘we’, ‘us’, or ‘our’). These terms and conditions are to be read together with our privacy policy found at https://www.learnandgrowqld.com.au/privacy-policy any other formal written terms published on our website or written agreements between us. These documents together form our entire agreement with you.

These terms and conditions will become binding once you agree to proceed with our Program, use our Program or make any payment for our Program.

Enrolment in the Learn and Grow (Qld) Program

The Learn and Grow (Qld) Program is classified as a tutoring business and is designed for children of kindergarten age; before their prep year of formal education is due to commence.
Every session runs for approximately 2 hours and 30 minutes and is held in our purpose-built classroom. We offer a choice of either a morning or afternoon session times.
As part of the online booking and registration process, you will select a suitable session day and time at the time of booking and retain that same session day and time for the duration of the term.
In addition to registering your child and selecting their weekly session time, you must pay the deposit to secure your child’s placement in the Program.
The remaining fees for the term will be invoiced to you and the fees must be paid in full at least seven (7) days prior to the first session.
Please ensure that the information you provide to us is accurate and up-to-date at the time of enrolment. If any details change, please notify us as soon as possible so we can update your child’s records. This remains your responsibility to update us as required.

Term

Our Program will commence and conclude at the beginning and ending of each school term (‘Term’).
The Program will run parallel to the Queensland education term dates found at https://education.qld.gov.au/about-us/calendar/term-dates. For example, if the school term is 10 weeks, you will be invoiced for 10 weekly sessions at our current rate.
You may enrol in a new Term, provided you complete the online booking process for that Term and pay the non-refundable deposit. You will be then given an invoice for a new Term.

What to expect

The Program is designed as an additional learning boost for your child and to support your child’s regular kindergarten program.
The Program will be held in our purpose-built classroom space and will aim to foster your child’s friendships and will help your child to feel like this is their ‘home away from home’.
As part of our Program, your child will have the opportunity to feed, pat and care for our farm animals each week which may assist to grow your child’s soft and nurturing side. They will be able to collect the chicken eggs and may be able to see baby chickens hatch and grow (subject to availability).
Our Program provides the opportunity for your child to plant, grow and harvest their own vegetables in our garden. Through gardening, we aim to foster a sense of responsibility in your child as they care for their own crops and grow their self confidence in achieving their goals and enjoy sampling the food they have grown.
Each session requires you to sign your child in and out correctly, so we have an accurate record of your child’s attendance. Once you have signed in your child and said goodbye, we encourage you to leave promptly to allow the class to commence on time in accordance with our weekly schedule.
If you would like to raise any concerns during the Program, please put your concerns in writing and we will endeavour to respond to you within ten (10) Business Days.

What to bring

On your weekly session day and time, please ensure your child attends with the following items, labelled with their name:

clothing suitable for farm animals and gardening;
enclosed shoes;
wide-brimmed hat;
sunscreen and/or mosquito repellent (if applicable);
healthy packed snack, including fruit, vegetables, or low allergy foods;
water bottle (please do not send any other liquid except for water); and
a change of clothing, including jumper in winter.

What NOT to bring

Please do not bring any foods that are unhealthy or may cause allergic reactions. This may include soft drinks, juices, confectionery, chocolate, or nuts.
Please do not send your child wearing their best clothing as they may become soiled or wet.
Please ensure your child wears appropriate enclosed shoes, and not thongs or slides. We may feed the animals and appropriate footwear must be worn.
Please do not send your child’s toys or any special item that belongs to them that may become lost or taken by another child.

Your Child’s Expected Behaviour

Your child must be willing to participate and respect our staff to participate in the Program.
Your child must be able to follow instructions and respect other children, animals, plants, wildlife, and property.
We will not accept behaviour that is destructive, disruptive or causes harm to our staff, other children, animals, or property. If a situation arises where your child continues this type of behaviour after being given a warning, you may be contacted and requested to take your child home. A make-up session will not be offered.
Your child must be fully toilet-trained to attend our Program as we do not have nappy-changing facilities.

Payment

Our fees are plus GST, and are charged in accordance with our current rates, per child, per weekly session, for the term.
The deposit is not refundable and is equivalent to at least 2 weeks’ fees, to secure your child’s placement in our Program.
Once we have received your child’s registration and payment of your deposit, we will invoice you the remaining fees. By registering your child in our Program and paying the deposit, you acknowledge your obligation to be financially responsible and accountable for the full payment of the Program fees.
We accept payment upfront or part payments for our invoice, however your fees must be paid in full, at least seven (7) days before the first session of each term.
You may make payment via direct funds transfer, cash or via the authorised payment platform we have set up on our website. This may include Stripe, PayPal, Afterpay, ZipPay or any other similar payment processing platform. If the platform is not listed on the website, it is not currently available. Please confirm bank account details with us by telephone first, if paying by direct funds transfer.
Please make sure you are up-to-date with your fees and make payments by the due date. If your fees remain unpaid, we may first contact you for payment, however we reserve the right to terminate your child’s registration and offer your child’s placement to another family if the fees are not paid in full.
In the event that we have cancelled your child’s placement due to non-payment of fees, we will only provide a refund in accordance with our refund policy.
Please note that Queensland gazetted Public Holidays will not be invoiced to you so if your child’s weekly session would have occurred on a day that is a Public Holiday, you will not be invoiced for that particular session.
If any payment is dishonoured for any reason, you will be liable for dishonour fees. If money remains unpaid, you will also be liable for any costs and disbursements that we incur in pursuing the debt (including legal costs on a solicitor and own client basis) and debt collection costs to the extent permissible under relevant legislation.

Cancellations and Refund Policy

Please consider your child’s enrolment forms carefully. After you have confirmed your child’s place in our Program and paid the deposit and/or Program fees, we cannot refund you if you simply change your mind. This is due to the time spent in administration, planning, and allocation of our tailored resources to your child’s placement.
We do not offer a refund or a partial refund if your child cannot attend their selected session each week as we have allocated staff and resources to your child’s placement.
If you apply for payment by other arrangement, such as instalments, you are agreeing to pay for the whole of the Program and must pay the whole amount by the due date.
In the event of special hardship or special circumstances, at our discretion, we may release a child from the Program. To apply for this special provision, you must set out your circumstances in writing, with additional supporting documentation, such as a medical report. In these circumstances, we may provide a partial refund of the unused session fees, less an Administration Charge.
We reserve the right to cancel or suspend your child’s placement in our Program at any time with seven (7) days’ written notice if we believe that you have failed to comply with these terms and conditions. Suspensions may be up to fourteen (14) days unless otherwise agreed in writing. Cancellations will be made for a serious breach of these terms and conditions.
We will not provide a refund if your child’s placement in our Program is terminated for serious non-compliance. In no event will we be liable for any loss or damage as a result of terminating your child’s placement in our Program due to your failure to comply with these terms and conditions.

Allergies

If you child has an allergy, please provide us with the relevant medical details, including any possible treatments, such as EpiPens or other medication, at the time of enrolment.
If your child develops or is diagnosed with an allergy during the course of the Program, please contact us to update your child’s records immediately and arrange for a meeting with our staff so we may be aware and take appropriate action as required.

Developmental Information

‘Developmental Information’ includes a physical disability, a developmental delay, a hearing impairment, a speech or language impairment, a sight impairment, a sensory impairment or a behavioural or emotional impairment and may result in additional learning support being required.
If your child has any Developmental Information that we should be aware of, please provide it, along with an action plan from your treating professional, at the time of enrolment.
If your child is diagnosed with any Developmental Impairment during the course of the Program, please contact us to update your enrolment records immediately and arrange for meeting with our staff to discuss the matter in further detail.

Sickness

You acknowledge and agree that your child must be healthy and well at the time of attending the session time in our Program.
If your child presents with an illness, we will request that your child returns home with you. If you are unsure if your child is well enough to attend, please contact us by telephone before attending for that day to discuss the symptoms.
Please be mindful of other children, parents, family members and staff before you bring a sick child to our location. We do not have the staff and resources to care for your child when they are sick, and we do not want to potentially expose the other children to your child’s illness and have it spread through our centre.
We may request a medical clearance from you if your child has previously presented with or contracted a contagious or communicable disease/sickness. A list of notifiable illnesses can be found at https://www.health.gov.au/topics/communicable-diseases/nationally-notifiable-diseases/list.
Please be advised if a medical emergency arises for your child during a session and it is impossible or impractical to contact you at the time, we may take action and incur expenses as considered reasonably necessary and in the best interests of your child. You agree to reimburse us of any expenditure we may incur for the medical emergency of your child.
Please also be advised that if your child has had an accident, injury, trauma, or illness and you cannot be reached or you are unable to collect your child, please provide us with the contact information of two (2) people who are authorised to be contacted in case of an emergency and/or are authorised to collect your child. Each person must live a maximum of thirty (30) minutes from our location and must provide current identification when collecting your child. Please ensure you have obtained the emergency contact person’s consent before listing them as an emergency contact.
If one of our staff members are ill, and alternative staffing arrangements cannot be made, we may need to cancel that session. If this occurs, we will contact you and offer a make-up session at a later date.

Family Arrangements

Please notify us if there are any Parenting arrangements, Court orders, Consent Orders, including Family Court Orders, or other informal arrangements, regarding the parental responsibility of your child, the educational agreement for your child, and any communication or living arrangements that would affect your child’s enrolment and attendance in our Program.
You acknowledge and agree that if both parents have signed the enrolment forms, we may act upon the instructions of either or both parents. If only one parent has signed the enrolment forms, we may only act upon the instructions of that parent.
You must notify us immediately if any family arrangements change including separation, serious illness, divorce or living arrangements.
For any Family Court formal or informal arrangements, we do not accept responsibility for any parents complying or not complying with the orders.

Photography and Video

As part of our Program, we may take images and photographs and/or video footage of your child, including interactions with other children, such as in a group setting, or in the same session as your child.
These images and videos can be used for our website, social media, advertising and other resources in our Program, including Third-Party Services. As other children may be present in the content, these images and videos may be shared with other families that attend our Program.
We may also display your child’s name and image in our classroom if medical conditions, allergies and food intolerances are applicable.
Please advise us if you do not give consent for your child’s images and video footage to be displayed or if you have any concerns.

Hours of Operation and Late Fees

Our Program operates over many different sessions throughout the week and it is expected that your child will be dropped off and collected strictly on time for your weekly session.
If you are unable to collect your child by the end time of their weekly session, and we are unable to contact you or have not heard from you, then we may contact any of your authorised contacts to come and collect your child.
We may charge a Late Fee if your child remains at our location longer than fifteen (15) minutes. The Late Fee will be charged per fifteen (15) minute increments and is set out in our fees.
If your child has not been collected by one (1) hour after the end time of your child’s regular weekly session and we have not been able to contact you or your authorised emergency contacts, our staff may be required to contact the local police station. In this instance, your child may be dropped at the local police station to await your arrival, and reports may be made to the applicable authorities, such as the Department of Child Services.

Disclaimer

Individual components of our Program are not redeemable, transferable, or interchangeable. Any unused component will expire at the end of the term. This means you cannot transfer your fees to other students or another enrolment term. No transfers of a child’s place in our Program will be permitted as we allocate significant resources to each child’s placement. We may allocate a credit against your account, at our discretion, for referring another child to our Program.
Before your child participates in our Program, you must assess whether the Program is suitable for your child, taking into account your child’s own personal needs, including physical, mental, emotional and your financial capacity and determining if you and your child are able to fully commit to completing the Program. We encourage you to seek professional assistance or contact us with any further questions, as necessary.
You acknowledge and agree that our Program includes feeding animals, and growing plants and your child may come home with dirty, soiled or wet clothing and footwear. Please only send your child in clothing that is suitable for our Program. We will not be responsible for cleaning or replacing your child’s belongings, clothing and/or footwear if they are damaged during the course of our Program.
Whilst we take due care and attention, you acknowledge there are risks associated with feeding farm animals, growing garden plants and being located in bush setting and these risks are present in our Program. Some of the potential risks include being bitten, scratched or pecked by an animal or being bitten or stung by an insect. If an incident such as one of these occurs, we will contact you and may provide basic first aid to your child, including applying a band-aid or insect bite creams.
Your chosen session time may not be available if we do not have sufficient numbers to run the session, or the available places are already fully booked. We reserve the right to offer you an alternative session for another day and time. If this occurs, we will contact you to discuss other suitable day and time sessions. If we offer an alternative session that is unsuitable for you, we may provide you with a refund or an account credit in another term for your chosen day and time.

Health and Safety

You warrant that you have given us the full information about the health of your child, including any physical capabilities, disabilities, allergies, and any other special needs at the time of enrolment and understand that it is your responsibility to contact us to update your child’s records. We cannot be held responsible for any enrolment information that has not been updated by you.
By enrolling your child in our Program, you consent to basic first aid for your child and acknowledge that you may need to seek additional medical treatment for your child, if necessary.

Intellectual Property

All intellectual property rights in our Program, remain our property. Enrolling your child in our Program does not give you any ownership rights to our Program resources or any other Program material.
You are only permitted to use the Program materials for your child’s own personal use, whilst enrolled in the Program. You must not share, distribute or resell, in part or in full, those materials without our express prior written permission. You are prohibited from using our materials to develop your own Program or training for sale or giving away to others. You may not use our techniques, methods and intellectual property outside of the Program.

Third-Party Services

We may give recommendations, including but not limited to, third-party products, programs or services, (‘Third-Party Services’), due to the systems we use, or because to the best of our knowledge, they are quality products or professional service providers. This may include educational applications such as Storypark.
You remain responsible for your own use of any Third-Party Services and associated costs, and must first complete your own due diligence, including agreeing to the Third-Party Services terms and conditions.
We will not be liable or responsible for your use of Third-Party Services, or loss or damages you or any other person suffers due to the use of the Third-Party Services.

Limited liability and indemnity

To the fullest extent permitted by law, and without limiting the application of relevant consumer law, in the event of any fault in the services, our liability will be limited, at our choice, to:

supplying the services again;
repairing any fault in the services caused by us;
payment of the cost of having any fault in the services caused by us repaired; or
payment of the cost of having the services supplied again.

You agree that our total aggregate liability for any claim(s) by you relating to any Program we deliver to you is limited to the amount actually paid by you to us for that Program.
Unless the claim was caused by or substantially contributed to by us, or the cause of the claim was outside of your control, you agree to indemnify us and hold us harmless against loss or damages suffered by you or any other family member arising from your breach of these terms and conditions. This means if you cause a claim, you will be responsible for the costs we incur to defend that claim.

General

Notices:

Any required notice between the parties, including a notice of dispute, may be provided electronically in writing to the email contact details notified in the schedule, or as later notified in writing.
Notices sent electronically are deemed to have been received on the same business day if sent prior to 4.00pm on that business day and otherwise, the next business day (where a business day is a day that is not a public holiday, Saturday or Sunday in our jurisdiction).

Assignment - Either party may not assign or transfer its rights or obligations under this agreement provided that all services and payments are up to date.
Severability - If any of these terms and conditions are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
Waiver - Any time or other indulgence granted by us will not in any way amount to a waiver of any of our rights or remedies under this agreement.
No Relationship - We are providing services to you as a consumer and nothing in this agreement should be interpreted to suggest otherwise.
Governing Law - This agreement is governed by the laws of Queensland, Australia and the parties agree to be subject to the jurisdiction of the courts of Queensland, Australia.
Definitions

Administration Charge means the fees charged to you for changing a child’s placement (in limited circumstances).

Program means the Learn and Grow (Qld) Program.

Late Fee means the fees charged to you for your child being left at our centre longer than the designated end time for the scheduled session.

Term means the same as the Queensland term dates found at https://education.qld.gov.au/about-us/calendar/term-dates.

End.