1.1Child means an individual currently enrolled or applying for enrolment with Teacher in the Paddock.

1.2Cookies means small files which are stored on a users computer.They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the clients computer. If the Parent does not wish to allow Cookies to operate in the background when using Teacher in the Paddocks website, then the Parent shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.

1.3Contract means the terms and conditions contained herein, together with any invoice or other document or amendments expressed to be supplemental to this Contract.

1.4Fee shall means the cost of Services (plus any Goods and Services Tax (GST) where applicable) as agreed between Teacher in the Paddock and the Parent in accordance with clause6of this Contract.

1.5Parent shall mean the Parent/s or guardian, legal guardian (or guardians) or care giver of the Child and is the person (or persons) responsible for payment of the Fees. Where more than one the Parent, guardian or care giver has entered into this Contract, both the Parents, guardians or care giver shall be jointly and severally liable for all payments of the Fees.

1.6Services shall mean the Services provided by Teacher in the Paddock to the Child, as described on the invoices, applications, enrolment forms or any other forms as provided by Teacher in the Paddock to the Parent, and shall include any teaching, supervision, advice or recommendations, incidental items, goods, materials created used or consumed.

1.7Teacher in the Paddock means Toi Toi Charity Limited T/A Teacher in the Paddock, its successors and assigns.

2.1The parties acknowledge and agree that:

(a)they have read and understood the terms and conditions contained in this Contract; and

(b)the parties are taken to have exclusively accepted and are immediately bound, jointly and severally, by these terms and conditions if the Parent places an order for, or accepts Services provided by Teacher in the Paddock.

2.2In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.

2.3Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.

2.4None of Teacher in the Paddocks employees, agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the director of Teacher in the Paddock in writing, nor is Teacher in the Paddock bound by any such unauthorised statements.

2.5The Parent acknowledges and accepts that Teacher in the Paddock shall not:

(a)tolerate any behaviour (including, but not limited to, smoking, violence, and bad language) which impinges upon the physical or mental safety of supervisors or other children; or

(b)use physical punishment in the discipline of the Child or in managing the Childs behaviour.

2.6Any breach by the Child of Teacher in the Paddocks behavioural policies shall result in the Parent being contacted and asked to make arrangements for the Child to be removed from the programme at the expense of the Parent. Any cost incurred as a direct result of the incident, shall be at the expense of the Parent. Unless otherwise agreed no credit will be applied to the time that the Child is absent from the programme.

2.7Teacher in the Paddock base activities and programmes on the belief that such activities and programmes are suitable for anyone reasonable fit and well. It is the Parents responsibility to advise Teacher in the Paddock at the time of booking of any food allergies, medical condition, physical/mental disability or behaviour that requires any special treatment or attention (including, but not limited to, children with ADHD, on suicide watch or with special needs etc). The Parent acknowledges and accepts that Teacher in the Paddock reserves the right to decline a booking on the grounds that safety of participants and staff could be comprised.

2.8Whilst Teacher in the Paddock is committed to providing safe programmes, activities and environments, there is an element of risk involved with all activities. The Parent acknowledges and accepts that by the Child participating in any of the activities provided, the Parent accepts such risk and Teacher in the Paddock, and staff of Teacher in the Paddock shall not be held responsible for personal injury or loss or damage to belongings.

2.9Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.

3.1The Parent acknowledges and accepts that Teacher in the Paddock shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):

(a)resulting from an inadvertent mistake made by Teacher in the Paddock in the formation and/or administration of this Contract; and/or

(b)contained in/omitted from any literature (hard copy and/or electronic) supplied by Teacher in the Paddock in respect of the Services.

3.2In the event such an error and/or omission occurs in accordance with clause3.1, and is not attributable to the negligence and/or wilful misconduct of Teacher in the Paddock; the Parent:

(a)shall not be entitled to treat this Contract as repudiated nor render it invalid; but

(b)shall not be responsible for any additional costs incurred by Teacher in the Paddock arising from the error or omission.

4.1The Parent shall give Teacher in the Paddock not less than fourteen (14) days prior written notice of any proposed change of ownership of the Parent and/or any other change in the Parents details (including but not limited to, changes in the Parents name, address, contact phone or fax number/s, change of trustees, or business practice). The Parent shall be liable for any loss incurred by Teacher in the Paddock as a result of the Parents failure to comply with this clause.

4.2The Parent is obliged to contact Teacher in the Paddock if:

(a)there is any change in circumstances which may have a bearing on the amount of Fees to be paid and/or their eligibility for any Out of School Care and Recreation (OSCAR) subsidy, Work and Income or other subsidy; and

(b)the Child uses another approved registered care service.

5.1The Parent acknowledges and agrees that:

(a)Teacher in the Paddock does not guarantee the websites performance;

(b)display on the website does not guarantee the availability of any particular Services; therefore, all bookings placed through the website shall be subject to confirmation of acceptance by Teacher in the Paddock;

(c)on-line bookings may be unavailable from time to time for regularly scheduled maintenance and/or upgrades;

(d)there are inherent hazards in electronic distribution, and as such Teacher in the Paddock cannot warrant against delays or errors in transmitting data between the Parent and Teacher in the Paddock including bookings, and you agree that to the maximum extent permitted by law, Teacher in the Paddock will not be liable for any losses which the Parent suffers as a result of online-bookings not being available or for delays or errors in transmitting bookings; and

(e)when making an enquiry through the website, the Parents information will pass through a secure server using SSL (secure sockets layer) encryption technology or any other similar technology as disclosed by Teacher in the Paddock and/or displayed on the website. The encryption process ensures that the Parents information cannot be read by or altered by outside influences.

5.2Teacher in the Paddock reserves the right to terminate the Parents booking if it learns that you have provided false or misleading information, interfered with other users or the administration of Teacher in the Paddocks business, or violated these terms and conditions.

6.1At Teacher in the Paddocks sole discretion the Fee shall be either:

(a)as indicated on any invoice provided by Teacher in the Paddock to the Parent; or

(b)Teacher in the Paddocks quoted Price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of seven (7) days; or

(c)on the enrolment form, Teacher in the Paddocks website/Enrolmy or otherwise specified, in respect of Services provided, and charged at Teacher in the Paddocks current rates.

6.2Teacher in the Paddock reserves the right to change the Price if a variation to Teacher in the Paddocks quotation is requested. Any variations (including, but not limited to, as a result of unforeseen circumstances such as adverse weather conditions or increases to Teacher in the Paddock in the cost of labour and materials etc) will be charged for on the basis of Teacher in the Paddocks quotation, and will be detailed in writing, and shown as variations on Teacher in the Paddocks invoice. The Parent shall be required to respond to any variation submitted by Teacher in the Paddock within ten (10) working days. Failure to do so will entitle Teacher in the Paddock to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.

6.3All Fees are to be paid in full prior to commencing a new term or holiday programme.

6.4At Teacher in the Paddocks sole discretion, an advance on the Fees (equal to one (1) full week of Fees) shall be required for each Child prior to the commencement of the Services. Any shortfall to the Fees in respect of any subsidies granted (including, but not limited to, any WINZ grants etc) shall be the Parents sole responsibility.

6.5Fees must be paid in full weekly unless the Parent is granted the Work and Income childcare subsidy. In this case, the Fee payable will be the total Fee due less the approved subsidy amount. It shall be the Parents responsibility to inform Work and Income of any changes in circumstances and/or care arrangements, and ensure Work and Income are fully informed of any benefit you may be receiving (e.g. the OSCAR subsidy). The Parent shall be responsible for any refund of benefits to Work and Income, including any loss Teacher in the Paddock has suffered as a result of any overpayment or over-allocation of subsidy hours.

6.6Parents are only charged only for the actual hours utilised to the closest half hour, this shall also apply to OSCAR subsidies.

6.7Upon issuance of any invoice given to the Parent by Teacher in the Paddock, payment shall be due within seven (7) days.

6.8Fees remain payable in full for any statutory holidays, where the Child is absent through illness, where the Child is on holiday (subject to clause13.1(c)), or for any other reason.

6.9At Teacher in the Paddocks sole discretion a:

(a)non-refundable deposit may be required: and

(b)late fee shall be charged where the Parent collects the Child after the allocated pick-up time. Subject to review, the late fee is three dollars ($3.00) per minute thereafter, per Child.

6.10Payment may be made by cash, electronic/on-line banking, credit card (a surcharge may apply per transaction), direct debit, or by any other method as agreed to between the Parent and Teacher in the Paddock.

6.11Ongoing direct debit authorities will (where applicable) run for the current term pending in advance and shall continue until such time as Teacher in the Paddock is instructed to cancel the direct debit.

6.12The Parent shall not be entitled to set off against, or deduct from the Fee, any sums owed or claimed to be owed to the Parent by Teacher in the Paddock nor to withhold payment of any invoice because part of that invoice is in dispute. Once in receipt of an invoice for payment, if any part of the invoice is in dispute, then the Parent must notify Teacher in the Paddock in writing within three (3) business days, the invoice shall remain due and payable for the full amount, until such time as Teacher in the Paddock investigates the dispute claim, no credit shall be passed for refund until the review is completed. Failure to make payment may result in Teacher in the Paddock placing the Parents account into default and subject to default interest in accordance with clause26.1.

6.13Unless otherwise stated the Fee does not include GST. In addition to the Fee, the Parent must pay to Teacher in the Paddock an amount equal to any GST Teacher in the Paddock must pay for any supply by Teacher in the Paddock under this or any other agreement for providing Teacher in the Paddocks Services. The Parent must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Parent pays the Fee. In addition, the Parent must pay any other taxes and duties that may be applicable in addition to the Fee except where they are expressly included in the Fee.

6.14The Parent agrees that that the Parents obligations to Teacher in the Paddock for the provision of Services shall not cease until:

(a)the Parent has paid Teacher in the Paddock all amounts owing for the Services; and

(b)the Parent has met all other obligations due by the Parent to Teacher in the Paddock in respect of all Contracts between Teacher in the Paddock and the Parent.

6.15Receipt by Teacher in the Paddock of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Teacher in the Paddocks ownership in the Incidental Items or rights in respect of the Services shall continue.

 

7.1The Child must be booked twenty-four (24) hours in advance of attending and must have completed an enrolment form in order to commence a programme.

7.2The Parent acknowledges and accepts that any information provided on the enrolment form can and will be shared with the Ministry of Social Development.

7.3The Parent acknowledges that any personal property (including, but not limited to, clothing, electronic devices, school materials and other items) must be marked with the Child's name. Teacher in the Paddock accept no responsibility for any loss or damage to personal property.

7.4Both parties agree that they shall make every endeavour to enable the Services to be supplied at the time and place as was arranged between both parties. In the event that Teacher in the Paddock is unable to supply the Services as agreed solely due to any action or inaction of the Parent then Teacher in the Paddock shall be entitled to charge a reasonable fee for re-supplying the Services at a later time and date.

7.5Teacher in the Paddock shall ensure copies of Teacher in the Paddocks Policies and Procedures shall be available for inspection at all times.

 

8.1The Parent accepts and acknowledges that on half days and Teacher Only days, Teacher in the Paddock shall gauge the demand to provide additional Services to accommodate these days and shall provide such additional Services only if there is sufficient demand and is viable.

8.2Should Teacher in the Paddock provide additional Services to accommodate half days and Teacher Only days, then Teacher in the Paddock shall advise Parents in advance of such additional Services and the associated Fee to be met by the Parent.

 

9.1The Parent acknowledges and accepts that:

(a)the booking is for the whole term and that no refunds will be applied in the event that the Child cannot attend the programme unless otherwise agreed by Teacher in the Paddock, as a result of an event as per clause30.6or notice is received in accordance with clause27; and

(b)it is the Parents responsibility to advise Teacher in the Paddock if a Child is unable to attend before 9:00am on the day they would have attended the programme.

 

10.1The Parent acknowledges and accepts that no credit will be applied if Teacher in the Paddock is given with less than two (2) working days notice if the Child cannot attend the programme for any reason and no refunds will be processed unless otherwise agreed by Teacher in the Paddock , as a result of an event as per clause30.6or notice is received in accordance with clause27.

 

11.1It is the Parents responsibility to:

(a)provide Teacher in the Paddock at least two (2) days notice to cancel the booking to qualify for a credit; and

(b)advise Teacher in the Paddock if the Child is unable to attend the programme by no later than midday on the day that they would have attended the programme.

11.2In the event that the Parent fails to comply with the provisions of clause27the Parent acknowledges and accepts that no credits will be issued if the Child is sick or for any other absences (i.e. holiday).

 

12.1The Child may be released into the care of either the Parent or a person (who is over the age of fourteen (14) years) into whose care a custodial Parent has signed permission for the Child to be released. This may include persons nominated as emergency contacts, persons nominated on the enrolment form to collect the Child, or persons nominated to collect the Child on specific occasions.

12.2The person collecting the Child (other than the Parent) may be required to produce proof of identity to satisfy Teacher in the Paddock of their bona fides before the Child will be released.

12.3If a Child is to walk or bike home from the programme, the Child must be over eight (8) years of age and consent must be provided by the Parent.

12.4Teacher in the Paddock staff will not be responsible for the removal of a child from Teacher in the Paddock by a non-custodial Parent or other person, however they will do all in their power to prevent this. In such a case, Teacher in the Paddock staff will make every effort to contact the custodial Parent and Police.

13.1It is the responsibility of the Parent to:

(a)inform Teacher in the Paddock if the Child has been ill within twenty-four (24) hours prior to intended attendance. Teacher in the Paddock shall be entitled to decide whether or not to accept the sick Child for care; and

(b)advise Teacher in the Paddock if a Child is to be absent (other than illness) as soon as possible; and

(c)provide Teacher in the Paddock with at least two (2) weeks notice of annual leave; and inform Teacher in the Paddock of the estimated length of the Child absence from Teacher in the Paddock.

13.2A Child will not be able to attend Teacher in the Paddock for any period of time during which:

(a)the Child is suffering from a disease or condition which is contagious through normal social contact; or

(b)a medical practitioner has recommended the Child not attend; or

(c)the Director of Teacher in the Paddock requests that the sick Child be kept away from Teacher in the Paddock because the Child requires care which Teacher in the Paddock staff resources do not provide.

14.1The Parent must provide Teacher in the Paddock with the names and addresses of two (2) responsible persons over the age of eighteen (18) who can collect the Child in case of an emergency or illness. When contacted by Teacher in the Paddock Director or their delegate, the Parent (or a responsible person authorised by the Parent) must go immediately to Teacher in the Paddock to collect the sick or injured Child.

15.1Where the Child requires the administration of medication, the Parent will provide:

(a)written permission for Teacher in the Paddock to administer the medication;

(b)the correct medication in its original container, and clearly labelled with the Childs name;

(c)written instructions from a medical practitioner for the administration of non-prescription medication; and

(d)the name and contact phone number of the Childs doctor.

15.2Teacher in the Paddock staff are authorised to administer medication only in accordance with the Parents written authority. In doing so, Teacher in the Paddock staff will be regarded as acting as the Parents agent. Staff shall not be liable for any allergic reaction or injury caused to the Child by the administration of the medication in accordance with the Parents written authority. Nor will they be responsible for any error contained in the written permission, or the supply of incorrect medication by the Parent.

15.3The Parent agrees for Teacher in the Paddocks staff to administer one (1) dose of Paracetamol in the event of the Childs body temperature rising above 37.5C. Teacher in the Paddocks staff shall make contact with either the Parent or the Emergency Contacts to advise that Paracetamol is being administered and discuss at the time further actions to take in the event that the temperature does not subside within an appropriate timeframe.

16.1Whilst every reasonable effort shall be made by Teacher in the Paddock to contact the Parent (or Emergency Contacts) in the event of an accident or emergency, the Parent hereby gives authority to the Director or their delegate to, on behalf of the Parent, authorise the administration of medication, transportation to hospital and administration of treatment as is recommended by the Child's doctor, any attending doctor, ambulance officer, police or Government Officer. The Parent will be responsible for any costs incurred as a result of transportation or treatment.

17.1The Parent gives permission to Teacher in the Paddock for the application of non-ingested preparations, such as sunscreen protection, insect repellent and treatment, and antiseptic, to the Child when appropriate. In the event any Child is allergic to certain brands of non-ingested preparations, the Parent must supply a brand that is safe for Teacher in the Paddock to use.

 

18.1By law, Teacher in the Paddock staff are mandatory reporters, and as such, are obliged to report any suspected incidents of child abuse or mistreatment to the appropriate local authority.

19.1Should the Child be the subject of any court action, particularly custody or access issues, being heard before the Courts, Teacher in the Paddock shall not allow staff to issue statements or provide reports regarding the Child, except where instructed to do so by the Court itself.

 

20.1Unless otherwise agreed and where the Parent has advised Teacher in the Paddock at the time of enrolment that consent is not granted, the Parent acknowledges and consents to:

(a)the Child participating in horse riding activities; and

(b)Teacher in the Paddock to photograph or video record the Child for quality assurance, documentation, promotional or marketing purposes (including newsletters and slideshows, and DVDs for display in the centre and/or gifts to parents), or to be used within Teacher in the Paddock social media (as well as on Teacher in the Paddocks website), and/or local and national newspaper stories.

 

21.1Where Teacher in the Paddock has designed, drawn, written, or created educational systems, techniques and curriculum in relation to the Child, then the copyright in those designs, drawings, documents, systems, techniques and curriculum shall remain vested in Teacher in the Paddock, and shall only be used by the Parent at Teacher in the Paddocks discretion.

 

22.1The Parent shall be entitled to report any concern they may have in relation to the Services, any matters of safety, care or quality, or where the Parent wishes to make a suggestion. These shall be addressed with the appropriate staff member of Teacher in the Paddocks, or if the complaint it in relation to any of the staff, to the Director of Teacher in the Paddock, where in most incidences the issue can be rectified.

22.2Verbal complaints will be verbally acknowledged by Teacher in the Paddock and a timeframe specified on when a response will be provided to the complainant. Written complaints will be acknowledged by Teacher in the Paddock in writing within forty-eight (48) hours of receiving the complaint.

22.3Where the complaint is in relation to any staff member of Teacher in the Paddock:

(a)the complaint, and the identity of the complainant, will be kept confidential between the parties concerned;

(b)a written record of events may be required to be documented by the staff of Teacher in the Paddock in order to authenticate the complaint;

(c)all compiled written information will be supplied to the Director of Teacher in the Paddock to enable an informed decision to be made regarding the complaint;

(d)the complainant and applicable staff member(s) will be advised of the outcome of the investigation and any disciplinary action, which will be managed in accordance with the Business Rules and/or Individual Employment Agreement;

(e)in the event the complainant is unsatisfied with the outcome of the investigation, Teacher in the Paddocks management and the complainant shall confer to discuss the matter further; and

(f)if the complainant is still not satisfied with the outcome, then a formal complaints can be made to the Ministry of Social Development.

23.1In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

23.2Upon assenting to these terms and conditions in writing the Parent acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all the Parents present and after acquired property being a charge, including anything in respect of which the Parent has at any time a sufficient right, interest or power to grant a security interest in for the purposes of securing repayment of all monetary obligations of the Parent to Teacher in the Paddock for Services that have previously been provided and that will be provided in the future by Teacher in the Paddock to the Parent.

23.3The Parent undertakes to:

(a)sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Teacher in the Paddock may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;

(b)indemnify, and upon demand reimburse, Teacher in the Paddock for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Services charged thereby;

(c)not register, or permit to be registered, a financing statement or a financing change statement in relation to the Services or the proceeds of such Services in favour of a third party without the prior written consent of Teacher in the Paddock.

23.4Unless otherwise agreed to in writing by Teacher in the Paddock, the Parent waives its right to receive a verification statement in accordance with section 148 of the PPSA.

23.5The Parent shall unconditionally ratify any actions taken by Teacher in the Paddock under clauses23.1to23.4.

23.6Subject to any express provisions to the contrary (including those contained in this clause23), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

24.1In consideration of Teacher in the Paddock agreeing to supply Services, the Parent charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Parent either now or in the future, and the Parent grants a security interest in all of its present and after-acquired property, to secure the performance by the Parent of its obligations under these terms and conditions (including, but not limited to, the payment of any money). The terms of the charge and security interest are the terms of Memorandum 2018/4344 registered pursuant to s.209 of the Land Transfer Act 2017.

24.2The Parent indemnifies Teacher in the Paddock from and against all Teacher in the Paddocks costs and disbursements including legal costs of a solicitor and own client basis incurred in exercising Teacher in the Paddocks rights under this clause.

24.3The Parent irrevocably appoints Teacher in the Paddock and each director of Teacher in the Paddock as the Parents true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause24including, but not limited to, signing any document on the Parents behalf.

25.1The Parent, Child and Teacher in the Paddock shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services, including any safety laws relating or any other relevant safety standards or legislation pertaining to the Services.

26.1Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Teacher in the Paddocks sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

26.2If the Parent owes Teacher in the Paddock any money the Parent shall indemnify Teacher in the Paddock from and against all costs and disbursements incurred by Teacher in the Paddock in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Teacher in the Paddocks collection agency costs, and bank dishonour fees).

26.3Further to any other rights or remedies Teacher in the Paddock may have under this Contract, if a Parent has made payment to Teacher in the Paddock, and the transaction is subsequently reversed, the Parent shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Teacher in the Paddock under this clause26, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Parents obligations under this Contract.

26.4Without prejudice to Teacher in the Paddocks other remedies at law Teacher in the Paddock shall be entitled to cancel all or any part of any order of the Parent which remains unfulfilled and all amounts owing to Teacher in the Paddock shall, whether or not due for payment, become immediately payable if:

(a)any money payable to Teacher in the Paddock becomes overdue, or in Teacher in the Paddocks opinion the Parent will be unable to make a payment when it falls due;

(b)the Parent has exceeded any applicable credit limit provided by Teacher in the Paddock;

(c)the Parent becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(d)a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Parent or any asset of the Parent.

27.1Without prejudice to any other remedies Teacher in the Paddock may have, if at any time the Parent is in breach of any obligation (including those relating to payment) under these terms and conditions Teacher in the Paddock may suspend or terminate the supply of Services to the Parent by giving written notice to the Parent. Teacher in the Paddock will not be liable to the Parent for any loss or damage (including, but not limited to, loss of income) the Parent suffers because Teacher in the Paddock has exercised its rights under this clause. The Parent acknowledges and agrees that they shall be responsible for any fees payable up to the date of termination.

27.2If the Child is to be withdrawn from care or cancel/suspend a booking as a consequence of factors beyond their control (including, but not limited to, sick or contagious Child, Child having to be picked up due to mis-behaviour or if the Child is away on holiday and the Parent has not applied for the credit within the two week period/closure due to health and safety risk or weather etc) , the Parent is to give notice via cell phone and in the event of a cancellation/suspension, in writing, to the co-ordinator at Teacher in the Paddock:

(a)no later than 12:00pm on the same day for the After-School Programme/Ag Days/Horsemanship lessons; or

(b)two (2) business days prior to a Holiday Programme booking; or

(c)fourteen (14) days notice in respect of Farm & Forest Programmes to qualify for credit.

27.3Where the Parent has notified Teacher in the Paddock within the specified time period and has prepaid the payment for the programme, any credit shall go towards the next booking unless otherwise agreed.

27.4If a Child is withdrawn without notice or outside the prescribed timeframe as per clause27.2, then the following shall apply in respect of:

(a)casual bookings, a Fee of one and a half the normal rate will be due and payable; or

(b)after school, Ag days or horsemanship lessons, a minimum twenty-five dollar ($25.00) Fee shall apply.

27.5The Parent acknowledges and agrees that the notice of withdrawal or cancellation will be accepted during Teacher in the Paddocks standard operating hours and is effective from the date it is lodged with Teacher in the Paddock.

28.1All emails, documents, images, or other recorded information held or used by Teacher in the Paddock is Personal Information as defined and referred to in clause28.3and therefore considered confidential. Teacher in the Paddock acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 2020 (the Act) including Part II of the OECD Guidelines and as set out in the Act and any statutory requirements where relevant in a European Economic Area EEA under the EU Data Privacy Laws (including the General Data Protection Regulation GDPR) (collectively, EU Data Privacy Laws). Teacher in the Paddock acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Parents Personal Information, held by Teacher in the Paddock that may result in serious harm to the Parent, Teacher in the Paddock will notify the Parent in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Parent by written consent, unless subject to an operation of law.

28.2Notwithstanding clause28.1, privacy limitations will extend to Teacher in the Paddock in respect of Cookies where the Parent utilises Teacher in the Paddocks website to make enquiries. Teacher in the Paddock agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Parents:

(a)IP address, browser, email client type and other similar details;

(b)tracking website usage and traffic; and

(c)reports are available to Teacher in the Paddock when Teacher in the Paddock sends an email to the Parent, so Teacher in the Paddock may collect and review that information (collectively Personal Information)

If the Parent consents to Teacher in the Paddocks use of Cookies on Teacher in the Paddocks website and later wishes to withdraw that consent, the Parent may manage and control Teacher in the Paddocks privacy controls via the Parents web browser, including removing Cookies by deleting them from the browser history when exiting the website.

28.3The Parent authorises Teacher in the Paddock or Teacher in the Paddocks agent to:

(a)access, collect, retain and use any information about the Parent;

(i)including, name, address, D.O.B, occupation, drivers license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice for the purpose of assessing the Parents creditworthiness; or

(ii)for the purpose of marketing products and services to the Parent.

(b)disclose information about the Parent, whether collected by Teacher in the Paddock from the Parent directly or obtained by Teacher in the Paddock from any other source to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Parent.

28.4Where the Parent is an individual the authorities under clause28.3are authorities or consents for the purposes of the Privacy Act 2020.

28.5The Parent shall have the right to request (by e-mail) from Teacher in the Paddock, a copy of the Personal Information about the Parent retained by Teacher in the Paddock and the right to request that Teacher in the Paddock correct any incorrect Personal Information.

28.6Teacher in the Paddock will destroy Personal Information upon the Parents request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.

28.7The Parent can make a privacy complaint by contacting Teacher in the Paddock via e-mail. Teacher in the Paddock will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within twenty (20) days of receipt of the complaint. In the event that the Parent is not satisfied with the resolution provided, the Parent can make a complaint to the Privacy Commissioner at http://www.privacy.org.nz.

29.1Any written notice given under this Contract shall be deemed to have been given and received:

(a)by handing the notice to the other party, in person;

(b)by leaving it at the address of the other party as stated in this Contract;

(c)by sending it by registered post to the address of the other party as stated in this Contract;

(d)if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;

(e)if sent by email to the other partys last known email address.

29.2Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

30.1The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that partys right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

30.2These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the Tauranga Courts, of New Zealand.

30.3Subject to the Consumer Guarantees Act, the liability of Teacher in the Paddock and the Parent under this Contract shall be limited to the Fee.

30.4Volunteers, children and/or Parents/guardians and other family members may be engaged to participate in programs and activities (which form part of the Services) where appropriate from time to time. Teacher in the Paddock warrants that in such event, all relevant policies, practices and guidelines will be adhered to.

30.5The Parent agrees that Teacher in the Paddock may amend their general terms and conditions for subsequent future contracts with the Parent by disclosing such to the Parent in writing. These changes shall be deemed to take effect from the date on which the Parent accepts such changes, or otherwise at such time as the Parent makes a further request for Teacher in the Paddock to provide Services to the Parent.

30.6Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns , etc, (Force Majeure) or other event beyond the reasonable control of either party. This clause does not apply to a failure by the Parent to make a payment to Teacher in the Paddock, following cessation of a Force Majeure.

 

30.7 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.