Terms and Conditions

A LITTLE VILLAGE
Terms + Conditions

 
1    Definitions
Fees means the Fees notified on our website at the time you make a booking for the Services. 
Force Majeure Event means any act, event, non-happening, omission, or accident beyond our reasonable control.
Services means the Service(s) set out on our Website that you have engaged us to provide.
Terms means these terms and conditions and where applicable, any written contract between you and us. 
we, us or our means K E Jackson operating as A Little Village, its successors and assigns or any person acting on behalf of and with the authority of A Little Village. 
Website means the website located at www.alittlevillage.co.nz 
you or your means you, the person(s) we are providing services to (or the parent, guardian or caregiver where relevant). 
Words in the singular include the plural and vice versa. 

2    Acceptance 
2.1    These Terms apply to all of our Services provided to you.  Because these Terms form part of our contract with you, if you disagree with any of them, you need to let us know immediately. Otherwise, we will take your continued acceptance of our Services as acceptance of these Terms.

3    Fees and Payment 
3.1    Fees will be charged in accordance with the fees noted on our Website for our Services. 
3.2    Fees are payable when you confirm your booking for our Service through our Website. 
3.3    All fees are non-refundable once your booking is confirmed. 
3.4    If we are required to cancel our Services for any reason (other than a Force Majeure Event), you are entitled to a refund equal to the value of the fees previously paid by you.. 
3.5    All costs incurred by us in recovering any amount owed by you (including court, solicitor and debt collection costs) are payable by you as a debt due, without further demand.

4    Conduct
4.1    You are responsible for you and your child(ren) at all times. 
4.2    You acknowledge and agree that you and your child(ren) will be respectful to us and all other person(s) involved with our Services at all times. This includes not threatening or undertaking any act that poses a risk to our safety or the safety of any other person(s) involved with our Services. 
4.3    Any conduct that we deem to be inappropriate or unacceptable will not be tolerated and may result in us terminating our Services to you.

5    Termination
5.1    Without prejudice to any other remedies available to us, we may immediately without notice terminate or suspend the supply of our Services to you in the event that: 
(a)    you fail to comply with any of these Terms or any other agreement you have with us; or 
(b)    any information you have given us, or which is given to us on your behalf, is untrue, misleading, or deceptive in a material respect; or
(c)    if we deem your behaviour to be inappropriate or unacceptable in any way; or 
(d)    if, at our sole discretion, you bring us into disrepute or have not complied with the law.
5.2    You can terminate our Services at any time. 
5.3    You are not entitled to a refund if we or you terminate our Services and we will not be liable to you for any loss or damage you suffer as a result of termination.  

6    Liability 
6.1    You agree that our liability is limited as follows: 
(a)    we are not responsible for the safety of you or your child(ren); 
(b)    we do offer any childcare services in connection with our Services;
(c)    we will act with reasonable skill and care, we will not be liable to you for any direct, indirect or consequential injury, loss or damage suffered by you, your child(ren) or to your personal possessions or personal property in connection with our Services;
(d)    we do not accept liability for loss arising from non-receipt of any communication, including emails; and
(e)    we do not accept liability for loss arising from cybercrime, including but not limited to the hacking of emails and/or tampering with bank account details. 
6.2    Personal injury in New Zealand is covered by the Accident Compensation Act 2001.
6.3    We are not registered under the Food Act 2014 and do not hold any specific food handling certifications. If you require services that are governed by the Food Act 2014 or require certain certifications, please advise us of this prior to purchasing our Services.
6.4    You may have rights under the Consumer Guarantees Act 1993 or other consumer law. It is your responsibility to use our Services safely, to take care of your own health and to take care of your own property. 
6.5    In the event we are liable to you for any reason, our liability to you is limited to a maximum amount equal to the value of the Services we have provided you. 

7    Health and Safety 
7.1    Your safety and your child(ren)’s safety is your responsibility. 
7.2    You are required to inform us and provide us information in relation to any allergies, injuries or other medical conditions that you or your child(ren) have which may affect the way we provide our Services to you.  
7.3    To ensure that everyone enjoys our Services please ensure you understand and comply with any specific instructions, recommendations, health and safety matters that we raise with you in connection to our Services. 
7.4    You are required to let us know prior to us commencing the Services of any risk, hazards or health and safety requirements that we must comply with when providing our Services to you.

8    Privacy
8.1    In your dealings with us we will collect and hold personal information about you.  You must provide us with correct contact information and keep that information up to date at all times (name, phone number(s), postal address, email address, emergency contact).
8.2    We may take general photographs or videos of our Services for our website, marketing and social media. If you do not wish for your or your child(ren) to be in photographs or videos, please advise us prior to us providing our Services. Otherwise, if you or your child(ren) appear in those photographs or videos, you agree that we may use them on our website and for marketing and promotional purposes and that you have no rights or copyright in the material. 
8.3    You have the right to access and correct any of your personal information that we hold as set out in the Privacy Act 2020.
8.4    All personal information that we collect about you will be held by us in accordance with the Privacy Act 2020. 

9    Confidentiality 
9.1    We will hold in confidence all information concerning you or your affairs that we acquire while providing our Services to you. We will only disclose confidential information if it is necessary to provide our Services or if it is required by law.
9.2    You also acknowledge that the use of technology is not always secure and you accept the risks of confidentiality in the use of email, text, phone, social media, audio visual communication means and any other technology.

10    No Warranty 
All warranties and representations not expressly stated in these Terms (whether express, statutory, implied or otherwise) are excluded to the maximum extent permitted by law.

11    Indemnity
You indemnify us in respect of all costs (including legal costs), losses, damage and expenses suffered or incurred by us and any other person claiming through us as a direct or indirect consequence of any unlawful, negligent, tortuous, criminal, reckless or dishonest errors, acts or omission of you in relation to our Services and exercise of your rights under these Terms. This indemnity survives the termination or cancellation of our Terms or Services. 

12    Contact 
12.1    If you have any queries, questions or complaints about our Services and related costs please contact Kirsty Jackson: 
Phone: 027 8241 557 
Email: info@alittlevillage.co.nz

13    General 
13.1    Disputes: If a dispute arises out of or relates to these Terms or the supply of any Services, we will endeavour to resolve the dispute by good faith negotiations with you. If we are unable to resolve the dispute during negotiations, either you or we may refer the dispute to mediation by notice in writing by a mediator to be agreed between you and us within five Working Days of that notice or failing agreement by the President of the New Zealand Law Society or his or her nominee. We will share the costs of the mediator equally with you.
13.2    Enforcement: The failure by either party to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. 
13.3    Assignment:  You are not entitled to assign or transfer any rights or obligations you have under these Terms without our prior written consent.
13.4    Governing Law: Our relationship with you is governed by New Zealand law and New Zealand Courts have non-exclusive jurisdiction.
13.5    Variation: We may vary these Terms by publishing updated Terms on our Website. The updated Terms will take effect from the date they are published on the Website and will apply to any further dealings you have with us. 
13.6    Legislation: Any reference to legislation in these Terms includes a reference to any amended or substitute legislation and any regulations enacted under that legislation.
13.7    Severability: Each clause of these Terms is separately binding. If any clause is void, unenforceable or otherwise ineffective by operation of New Zealand law the remaining clauses will continue to be valid and enforceable.
13.8    Joint and Several Liability: Where you comprise more than one person or entity then the obligations between those persons under these Terms is joint and several.
13.9    Waiver: A waiver of these Terms will only be effective if given by us in writing and only to the extent expressly stated to be given. Any waiver will not affect our rights under these Terms at any future time. 
13.10    Force Majeure: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused a Force Majeure Event. Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
13.11    Other Agreements: Where these Terms conflict with any other written agreement you have entered with us, the provisions of that other agreement will prevail.