Terms & Conditions
JACQUELINE'S GEMS CHILDCARE SERVICES LTD - TERMS AND CONDITIONS
1 Definitions
1.1 The definitions below apply in these terms and conditions.
“Child” The child who is named in your account.
“You” The person, firm or company who purchases Services from us.
“Services” The services of the Before and After school care during the mornings or afternoons indicated in booking(excluding bank and public holidays), together with any other services, such as Holiday Club, which we provide, or agree to provide, to you.
“Us” The childcare provider named in the agreement.
1.2 A reference to writing or written includes fax and email.
1.3 Any requirement in this agreement for either party not to do something includes an obligation on that party not to allow that thing to be done.
2 Formation of your account
2.1 You must complete an account with ClassForKids, by creating this account and booking services with us, (this includes making an upfront payment to confirm your booking) an agreement for the Services will be formed between you and us.
2.2 These terms and conditions govern the agreement between you and us for the Services. No other terms apply unless they are in:
2.2.1 A handbook issued to you by us,
2.2.2 A policy issued to you by us,
2.2.3 A letter that is signed by both you and us.
2.3 In the case of any uncertainty as to which terms apply, these terms and conditions will apply.
3 Our Obligations
3.1 We will use all reasonable efforts to provide the Services to you, in accordance with all material respects with these Terms and Conditions and any other documents referred to in Clause 2.2 above.
4 Your obligations
4.1 You shall:
4.1.1 Cooperate with us;
4.2 You must (a) ensure that these details are accurate and (b) keep these details up to date, it will be your responsibility to update these details where necessary.
4.3 If our performance of our obligations under the agreement is prevented or delayed by anything you do (or fail to do), we shall not be liable.
4.4 You shall not employ (or attempt to employ) any member of our staff without our consent, until six months from the end of the staff member’s contract.
4.5 Unwanted behaviour and disrespectful attitude towards our staff or other children within the provision from your Child will not be tolerated. We will work with you to resolve any unwanted behaviour. If the unwanted behaviour persists, this could and may lead to your child being removed from our system.
5 Charges and Payment
5.1 When booking services with us, you will be required to make payment upfront in order to confirm your booking. Once this booking has been made, the payment is non-refundable and we do not offer credit notes or a transfer of bookings on any occasion. We reserve the right to remove your child from our booking system should we deem it necessary, on this occasion, you will be issued with a full refund which can take between 5-10 business days to reach your account.
5.2 We will not provide refunds if the Child is absent from the setting this includes sickness and holidays.
5.3 We will not be responsible for providing refunds to you should you make an error when booking services with us.
5.4 We may increase our charges once per year. We will give you written notice of any such increase one month before the proposed date of increase.
6 Welfare of the Child
6.1 We will do all that is reasonable to safeguard and promote the Child’s welfare and to provide care to at least the standard required by law and often to a much higher standard.
6.2 We will respect the Child’s human rights and freedoms which must, however, be balanced with the lawful needs and rules of our provision and rights and freedoms of others.
6.3 Your consent to such physical contact may accord with good practice, and be appropriate and proper for teaching and instruction and for providing comfort to a Child in distress, or to maintain safety and good order, or in connection with the Child’s health and welfare.
6.4 Parents of Children who are not potty trained must provide disposable nappies for the day, fresh clothes, wipes and special creams
6.5 No individual under the age of 16 years will be permitted to collect a child from our provision.
7 Health and medical matters
7.1 If the Child becomes ill during the session the Manager will contact you or the emergency contact indicated on your account. You will be responsible for making any changes to these contact details.
7.2 If the Child is suffering from a communicable illness, he/she should not be brought to the service until such time as the infection has cleared. A full copy of our infection control policy is available from the manager. Please refer to the illness/communicable disease list supplied in your information on minimum periods of exclusion from sessions.
7.3 You must notify the provision Manager if the Child is absent from the Provision through sickness.
7.4 If the Child has been sent home from the provision because of ill health, he/she will not be readmitted for at least 24 hours. If the Child is prescribed antibiotics, he/she will not be allowed to return to the provision until parents have issued the first dose.
7.5 As regards to medication, and the administration of it to a Child, please refer to the services Medication Policy. Please ask for a copy of it if necessary.
7.6 All medicine supplied must be supplied in a marked box with clear instructions from the doctor on quantities and how the medicine should be dispensed. A medical form must be completed before any medicine is dispensed.
8 Food/dietary requirements
8.1 We will work with you to provide suitable food for your Child, if they have a special dietary requirement or any allergies as diagnosed by a doctor or dietician. All reasonable care will be taken to ensure that a Child does not come into contact with certain foods with support from parents and external professionals should the need arise.
8.2 Menus will be displayed for inspection, and parents and children will be able to feed into the review of these. We do not accept food supplied by parents.
8.3 Packed lunches are not permitted or accepted in our Before and After School Clubs or Nurseries. We provide a sufficient menu to cater for the children’s needs.
8.4 A healthy packed lunch must be provided if your child attends the holiday club every day. These must not contain any traces of nuts.
8.5 No packed lunches supplied by parents for Holiday Club Children will be heated up by us.
9 Reporting of neglect or abuse
9.1 We have an obligation to report to the relevant authorities any suspicions we have that your Child has suffered neglect or abuse, and we may do so without your consent and/or without informing you.
10 Limitation of Liability
10.1 This clause sets out our (and our employees’, agents’, consultants’ and subcontractors’) liability to you in respect of the contract (including any breach of it, any statement we make to you about it, our termination of it).
10.2 All terms implied by law are, to the fullest extent permitted by law, excluded or deleted from the agreement.
10.3 Nothing in these terms and conditions in any way limits our liability for fraud, or for death or personal injury resulting from negligence. Subject to this provision,
10.3.1 We shall not be liable for:
10.3.1.1 Any loss or damage to any toys, equipment or bags, clothing etc. you may bring into our provision.
10.3.1.2 Loss of any profits, or consequential loss; and
10.3.2 Our total liability (in contract, tort including negligence or breach of statutory duty, or otherwise) shall be limited to cumulative price paid by you for the Services over the course
of the contract.
11 Data Protection
11.1 You agree that details of your name, address and payment records may be submitted to a credit reference agency, and personal data will be processed by and on behalf of us in connection with the Services.
11.2 We may take photographs and/or videos of your Child for promotional or training purposes only. If you do not wish for your Child to be included in such photographs or videos you must outline this when completing your ClassForKids account.
12 Security
12.1 Parents are welcome to visit the provision, but we will not admit anyone without prior notification. It is your responsibility to ensure that we are aware of who will be collecting your Child. No Child will be allowed to leave the building with any person who has not been notified as an authorised person to collect the Child on your behalf.
13 Complaints and Concerns
13.1 Please address any complaint or concern to the supervisor in charge, in the first instance, and if the matter is not resolved within a reasonable period, please refer it to the Provision Manager. Please also refer to our complaints and compliments policy.
14 Termination for breach of contract, or bankruptcy/insolvency
14.1 Without restricting any other legal rights which the parties may have, either party may terminate the services without liability to the other immediately on giving written notice to the other if:
14.1.2 The other party commits a material breach of any of the terms of the contract and (if such a breach is capable of being remedied) fails to remedy that breach within 30 days of that party being notified in writing of the breach: or
14.2.2 Any clause in these terms and conditions which implicitly is intended to survive termination shall continue in force.
15 Events that are beyond our control
15.1 If any event beyond our reasonable control (e.g. a fire, flood, E-Coli outbreak, strike, civil action, act of terrorism, war, Forced Government Closure COVID 19 etc.) occurs, for which we have business interruption insurance, we may close the provision without liability to you. We will keep you informed, in such an event.
15.2 If it is, in our reasonable opinion, necessary or in the interests of the Child to do so, we may close the provision even though our business interruption insurance will not cover us for the closure. For example, we may close because of severe weather conditions, outbreak of flu, swine flu or other illnesses etc. Also, we close if the owner of the premises closes the premises and denies us access.
16 Invalid clauses
16.1 If any part of this agreement is found by any court or similar authority to be invalid, illegal or unenforceable, that part shall be struck out, but the rest of the contract shall apply.
17 Changes to these terms and conditions
17.1 We may change these terms and conditions where such a change arises from changes in regulations or legislation affecting us.
17.2 We may change any other terms in these terms and conditions provided we give you at least one month’s written notice of our intention to do so.
18 No other terms
18.1 Each party acknowledges that, in entering this agreement, it has not relied on anything said or written that is not written in the contract. This applies unless fraud is established.
20 Governing Law and Jurisdiction
20.1 The agreement , and any dispute or claim arising out of it or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
21 Parking
21.1 Our provisions are in residential areas, we ask all parents and carers to park appropriately and not on neighbouring driveways, yellow lines etc... Failure to comply, may result in your child being removed from our system.