Privacy and Collection of Personal Information

Funtastic Gems (Australia) Pty Ltd collects personal information about children, parents, guardians and authorised nominees for enrolment, administration, child safety, attendance management, Child Care Subsidy administration, emergency communication and the delivery of education and care services. Information may include contact details, health and medical information, emergency contacts, authorised collection arrangements and relevant enrolment records. Information will be handled in accordance with applicable privacy legislation, including the Privacy Act 1988 (Cth) where applicable, our Privacy Policy and relevant education and care legislation. Information may be disclosed to authorised government agencies, emergency services, medical professionals, our approved administration and technology providers, or other parties where authorised or required by law. Failure to provide essential information may prevent us from processing an enrolment or safely providing care. Families may contact Funtastic Gems to request access to or correction of their personal information, subject to applicable requirements.

Parent/Guardian Agreement

By submitting the enrolment form, I acknowledge that I have read, understood and agree to the following terms and conditions, subject to my rights under applicable law.

1. Accuracy of Enrolment Information

• I confirm that all information provided is accurate, complete and current.
• I agree to notify Funtastic Gems promptly of any changes to my child’s information, including residential address, contact details, employment contact details, medical conditions, emergency contacts, authorised collection arrangements and care requirements.

2. Confirmation of Enrolment

• I understand that submitting an enrolment application does not guarantee a place.
• My child may commence attending Funtastic Gems only after the service has confirmed their enrolment and booking arrangements.

3. Permanent Bookings and Automatic Rollover

• I acknowledge that permanent bookings will automatically roll over into the following school year unless I provide written notice requesting changes or cancellation.
• Where no notification is received, my child’s existing booking will remain active and applicable fees will continue to be charged.

4. Four Weeks’ Notice for Booking Changes and Cancellations

• I agree to provide a minimum of four weeks’ written notice by email for changes to permanent bookings or cancellation of enrolment.
• Formal notice must be submitted by email.
• Telephone calls, verbal conversations and text messages are not accepted as formal notice.
• Applicable fees remain payable during the notice period.
• Changes are subject to service confirmation and availability.

5. Absences, Illness and Family Holidays

• I understand that permanent booking fees remain payable when my child is absent on a regularly booked day, including during illness, family holidays, personal commitments or other absences.
• Absences must be reported through Xplor or directly to the service.

• Any fee adjustment, waiver or exceptional circumstance will be considered in accordance with the service’s policies and applicable law.
• CCS for absences is subject to government eligibility requirements and allowable absence rules.

6. Public Holiday Fees – Effective 2027

• I acknowledge that from 2027, normal permanent booking fees will continue to apply when my child’s regular booked attendance day falls on a public holiday, even if Funtastic Gems is closed, subject to applicable law and service terms.
• For example, if my child is permanently booked on Mondays and a public holiday falls on a Monday, the normal Monday session fee will remain payable.
• This arrangement assists Funtastic Gems in meeting ongoing operational expenses, including educator wages, public holiday entitlements and other financial commitments.
• Public holiday fees apply only to relevant permanent bookings, not casual bookings.
• Any applicable CCS treatment will be determined under government rules.
• Public holiday that falls during school holidays is not counted and no daily fee will be applied as vacation care is a separate booking on its own.

7. Casual Care Bookings and Cancellations

• Casual care may be requested through the Xplor Home app and is subject to availability and service approval.
• I understand that once a casual booking is approved and confirmed, cancellation does not automatically remove the obligation to pay the applicable session fee, subject to the service’s cancellation policy, applicable law and any required exceptions.
• Funtastic Gems arranges educator staffing based on confirmed bookings to maintain required educator-to-child ratios and appropriate supervision.
• I agree to carefully consider my family’s care requirements before requesting casual sessions.

8. Vacation Care Bookings

• I understand that Vacation Care bookings are separate from permanent Before and After School Care bookings.
• All Vacation Care bookings are subject to availability and confirmation.
• A place is not guaranteed without a confirmed booking.
• Confirmed Vacation Care bookings are subject to the advertised non-cancellation policy.
• Applicable fees remain payable for confirmed bookings, subject to legal rights and required exceptions.
• The advertised Vacation Care fee for 2027 is $90 per child, per day, before applicable CCS.

9. Enrolment Fees – Effective 2027

• I acknowledge that:
• Existing enrolled children will no longer be charged an annual enrolment fee from 2027.
• New children enrolling from 2027 will be charged a one-off enrolment fee of $150.
• The new enrolment fee is described as non-refundable, subject to any refund rights required by law.

10. Session Fees – 2027

• All fees are before applicable Child Care Subsidy.
• I understand that my out-of-pocket fees depend on my individual CCS eligibility and entitlement.

11. Payment Responsibilities

• I agree to pay all fees and charges by their scheduled due dates.
• I understand that:
• A $20 administration fee may apply to a failed scheduled payment, where lawfully permitted and disclosed.
• Accounts exceeding $100 in outstanding fees may be reviewed and bookings may be placed on hold, subject to applicable requirements and consideration of individual circumstances.
• I remain responsible for outstanding fees and applicable charges.
• Reasonable and legally recoverable debt collection costs may apply where permitted by law.
• Funtastic Gems encourages families experiencing financial difficulty to contact the Director privately to discuss a possible payment arrangement.

12. Final Accounts and Debt Recovery

• Upon cancellation or completion of enrolment, any outstanding balance must be paid within seven days of receiving the final invoice, subject to applicable CCS adjustments and any agreed payment arrangement.
• Where an account remains unpaid, Funtastic Gems may commence appropriate debt recovery procedures.
• Only reasonable, disclosed and legally recoverable costs may be charged.

13. Child Care Subsidy (CCS) Responsibilities

• I acknowledge that I am responsible for:
• Providing accurate Customer Reference Numbers (CRNs) and dates of birth.
• Applying for CCS and maintaining my eligibility.
• Completing and confirming the required Complying Written Arrangement (CWA).
• Confirming my child’s enrolment through myGov/Centrelink where required.
• Keeping Centrelink informed of changes affecting my entitlement.
• Where CCS is not approved, confirmed or received, full session fees may be payable until the entitlement is processed.
• Any subsequent CCS adjustments, credits or refunds will be managed in accordance with government requirements and the family’s account balance.

14. Xplor Home App and Attendance Records

• I understand that parents and authorised nominees must use the Xplor Home app to accurately sign children in and out at the service.
• Sign-in and sign-out must reflect the actual arrival and departure times.
• Photographing, saving or sharing the service QR code for remote attendance recording is prohibited.

• Signing a child out from home or before physical collection is not permitted.
• A $10 administration fee may apply for each failure to complete the required sign-in or sign-out procedure, where lawfully permitted and disclosed.
• Attendance records must remain accurate for child safety and regulatory compliance.

15. Authorised Collection of Children

• I agree that my child may only be released to a parent, guardian or authorised nominee permitted to collect them.
• Where another person is collecting my child:
• I must notify the service in advance.
• The person must be authorised in the child’s enrolment records.
• Photographic identification may be required.
• Xplor account access must be arranged where necessary.
• Funtastic Gems will not release a child where the person’s identity or authority to collect cannot be satisfactorily verified.
• The service will assist authorised nominees with sign-out procedures.

16. Late Collection Fees

• I acknowledge that Funtastic Gems’ scheduled closing time is 6:00 pm.
• The following late collection charges apply, subject to applicable law and the service’s disclosed fee policy:
• Collection after 6:00 pm: $10 late collection fee.
• If the child remains uncollected at 6:10 pm: a $50 fixed late collection fee.
• The service will follow its late collection and child safety procedures when a child is not collected on time.

17. Supervision and Duty of Care

• Funtastic Gems is responsible for providing appropriate supervision and care while a child is in its care, in accordance with the National Law, National Regulations and applicable duty-of-care obligations.
• Parents and authorised nominees must follow the service’s arrival, departure and handover procedures.
• A sign-in or sign-out record does not, by itself, remove any legal duty of care that may otherwise apply.

18. Medical Emergencies and Treatment

• In the event of an illness, accident or medical emergency, I authorise Funtastic Gems to take reasonable and necessary steps to obtain medical, dental, hospital or ambulance assistance for my child, in accordance with the enrolment authorisations and applicable law.
• The service will make reasonable attempts to contact me or an authorised emergency contact as soon as practicable.
• I acknowledge that I may be responsible for medical or ambulance expenses not otherwise covered by insurance or other arrangements.

19. Personal Belongings and Electronic Devices

• Children are discouraged from bringing valuable personal items to the service.
• Mobile phones, smartwatches and other devices capable of communication, photography or recording must not be used by children at the service without prior authorisation.
• Where a device is used contrary to service rules, educators may require the child to stop using it and arrange for it to be safely stored and returned to a parent or authorised nominee.
• Any device management procedure must respect children’s safety, dignity, privacy and individual needs, including reasonable adjustments where applicable.

20. Children’s Behaviour and Safety

• Funtastic Gems is committed to positive behaviour guidance, inclusion, respectful relationships and the safety of every child.
• I understand that where my child demonstrates behaviour that may place themselves or others at risk, the service will:
• Respond promptly to protect children’s safety.
• Communicate concerns with parents or guardians.
• Implement appropriate guidance, support and risk management strategies.
• Work collaboratively with families and relevant professionals where appropriate.
• Where a serious or ongoing safety risk cannot be safely managed, Funtastic Gems may consider temporary suspension or termination of care in accordance with applicable law, procedural fairness, inclusion obligations and service policies.

21. Respectful Conduct Towards Staff and Families

• All parents, guardians, visitors and staff are expected to communicate respectfully and behave appropriately while attending or interacting with Funtastic Gems.
• Aggressive, threatening, abusive or intimidating behaviour will not be tolerated.

• The service may take reasonable and proportionate action to address serious conduct concerns, including restricting access or reviewing enrolment arrangements where lawful and necessary.

22. Personal Injury, Property Damage and Liability

• Funtastic Gems will take reasonable steps to provide a safe environment and meet its legal responsibilities.
• Parents are encouraged to ensure that personal belongings are clearly labelled.
• Nothing in these Terms and Conditions excludes, restricts or modifies any legal rights, consumer guarantees or responsibilities that cannot lawfully be excluded, including liability arising from negligence where applicable.

23. Statements and Invoices

• I understand that fee statements and invoices will ordinarily be available through my Xplor parent account rather than automatically emailed.
• I am responsible for regularly reviewing my account, payments and outstanding balances.
• Families may contact the service if they require assistance accessing their statements.

24. Copyright and Service Documentation

• Policies, programs, educational resources, templates, designs and other original materials created by or for Funtastic Gems remain the intellectual property of their lawful owner, subject to applicable copyright law and any third-party rights.

• Families must not reproduce or distribute protected service materials without appropriate permission, except where legally permitted.

25. Policies and Future Updates

• I acknowledge that I am responsible for familiarising myself with the service’s policies and procedures, including those relating to child safety, supervision, complaints, attendance, fees, behaviour guidance and emergency management.
• Any changes to fees or contractual terms will be communicated to families with appropriate notice and implemented in accordance with applicable law.