TINY EXPLORERS TERMS & CONDITIONS

1. Definitions & Structure

These Terms and Conditions govern participation in Tiny Explorers Classes (“the Classes” or “services”) provided by Tiny Explorers (“we,” “us,” or “our”). By enrolling in our Classes, you (“the Parent/ Guardian or person purchasing service”) agree to these Terms and Conditions. Class Leader refers to the person delivering the class. When we use the words "writing" or "written" in these terms, this includes emails.

2.  Enrolment

2.1.  Indemnification: By enrolling you agree to Indemnify, will keep indemnified and hold Tiny Explorers and its staff and representatives harmless from and against any and all claims, losses, damages, liabilities, judgments, fees, and expenses, to the extent permitted by law in respect of any claim as a result of or in connection with Tiny Explorers classes.

2.2.  Eligibility: Enrolment is open to children aged 0-2 years old accompanied by a Parent/ Guardian.

2.3.  Registration: Parents must complete the registration form and pay any applicable fees in full to secure a position in the Classes and a contract is formed.

2.4.  Fees: All fees must be paid in full before the start of the Classes. Fees are non-refundable except as outlined in Section 6.

2.5.  Enrolment changes: Any enrolment changes made after the classes have commenced for the term will incur a $30 administration fee.

3. Participation

3.1.  Supervision: A Parent/ Guardian must be present and always supervise the child during the Classes – one adult per child. Supervising adults must be 18 and over and accept terms on entry.

3.2.  Health and Safety: Parent/ Guardian are responsible for ensuring their child is in good health and does not pose a risk to other participants. You shall not allow your child to attend class if they are ill especially in the following circumstances: they have had a fever or a cough within 24 hours prior to the Class, they have had an upset stomach or diarrhoea in the 48 hours prior to the Class, they have heavy nasal discharge; they have discharging eyes; or they have symptoms of a possible communicable disease. Parent/ Guardian must notify Tiny Explorers of any medical conditions or allergies their child has. No food/ drink allowed on equipment, except where necessary for health.

3.3.  Class Management: We reserve the right to ask the Parent/Guardian or child to leave the Classes if they are continuously disruptive or pose a safety risk.

3.4.  Siblings: Siblings are not permitted to attend classes. This ensures a safe and focused environment for both the participating children and their Parent/Guardian.

3.5.  Your rights if we withdraw the supply of Services. We will contact you at least 7 days in advance to tell you we will be withdrawing the supply of Services, and will inform you if there is an alternative Class Leader who can provide the Services to you. Where an alternative Class Leader is available, you have the right to:

3.5.1. accept the Services being provided by an alternative Class Leader;

3.5.2. request that your Services are provided by any of our other Class Leaders, (the acceptance of such a request being at our complete discretion); or

3.5.3.  cancel the Contract as per your rights under these terms. If we withdraw the Services and we cannot provide an alternative Class Leader, we will cancel the Contract and refund any sums you have paid in advance for Services which will not be provided.

3.6.  We may also suspend supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to under these terms and you still do not make payment within 7 days of us reminding you that payment is due, we have the discretion to suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services.

3.7.  Services: All services will be facilitated at the Location as listed on our Site or at an Alternative Location within [10]km of the original Location and as communicated to you no less than 48 hours prior to the Scheduled Class

3.8.  Our Duty of Care:

3.8.1. We agree to provide our Classes to the best of our ability and to the standard of care and skill reasonably expected of an educator providing sensory, movement and massage classes.

3.8.2. Classes are facilitated by Class Leaders who have a valid working with children/police clearance checks and first aid qualifications. Where any class requires specialised qualifications, the educator facilitating that class will hold those qualifications. Current Class Leader: Sabrina De Silva. Check Number: WWC0954873E. Expiry: 24 Mar 2026.

3.8.3. All Class Leaders will adhere to ‘Our Play Values’

4. Liability

4.1.  Waiver of Liability: By participating in the Classes, the Parent/Guardian agrees to release, waive, and discharge Tiny Explorers, its staff, and representatives from any and all liability, including injury, loss, or damage, arising from participation.

4.2.  We are not liable for your property. Please note that your property and belongings which you or your child bring to a Class are your responsibility and we shall not be responsible for any loss of, or damage to, such property.

4.3.  We are not liable for business losses. These terms cover the supply the Services to you as a consumer. If you use the Services covered by the Contract and these terms, or any materials provided in their delivery for any commercial, business or re- sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

4.4.  Supervision Responsibility: We are not responsible for the supervision of any child. Parent/Guardian are solely responsible for their child's safety during the Classes.

4.5.  Updating Personal Information: I understand that if I do not provide accurate and up-to-date contact information I may miss out on important and timely information which may affect my enrolment or result in missed opportunities.

5. Missed Classes

5.1.  Make up classes are available throughout the term. They are only valid within the 10 week term block and expire after your term finished. Makeup classes are subject to class availability.

5.2.  Claiming Makeup Classes: You are responsible for notifying Tiny Explorers via email if you miss a class and would like to claim a makeup lesson.

6. Cancellation & Refunds

6.1.  Cancellation by Parent/ Guardian: Parent/ Guardians may cancel their child’s enrolment by provide 14 days written notice prior to the term commencing. If the Parent/ Guardian decides after the first class that the classes are not for them, they may also request a refund minus the first class fee.

6.2.  No automatic right to a refund. Tiny Explorers is under no obligation to refund or transfer your payment in the event you change your mind or are unable to attend some or all of your booked Classes.

6.3.  If you wish to transfer your Class place. If you wish to transfer your Class place, you must contact your Class Leader not less than 3 days prior to the date of the relevant Class so they can ensure they have the relevant contact details of the person to whom you are transferring your place (the ‘’Recipient’’). If it is less than 3 days before the Class, then it is up to the Class Leader’s discretion whether they accept the transfer of your Class place.

6.4.  Effect of transferring your Class place. Once the Recipient details have been received and accepted by us, you will no longer be eligible to attend the relevant Class. Once accepted by us, the transfer of your place is irrevocable.

6.5.  Cancellation by Tiny Explorers: We reserve the right to cancel the Classes due to insufficient enrolment, instructor illness, or other unforeseen circumstances. Parents/ Guardians will be notified via email should this occur and in such cases, a pro rata refund of fees paid will be provided.

7. Marketing, Photography, Filming

7.1.  I give permission for myself/my child to be photographed/filmed while participating in classes. I consent to these photos/videos being used for publicity purposes including social media. Sharing of any feedback and testimonials on websites, social media and any other media for recognition or professional advancement purposes is permitted. If you do not consent, please notify us via email/ during class

7.2.   I give permission for Tiny Explorers to send me emails and SMS regarding promotions

7.3.  Parents can take photos and videos of their child throughout any of our Classes, and to share these on social media or with their friends and family. However, this is at the sole discretion of the Class Leader, who may withdraw this right at any time where a parent is acting unreasonably (for example, preventing or delaying us providing the Class, taking excessive amounts of photos, videoing whole segments of our Classes, or taking photos or videos of other children without their parent’s permission)

8.Disputes and Complaints Management

8.1.  We are committed to your enjoyment of and satisfaction with the Class. Should you have any concerns or be dissatisfied in any way, please contact email us with the subject line ‘COMPLAINT’ and include:
a) your name;
b) the email address you used to purchase services;
c) details of your concern or complaint;
d) details of what you would like us to do to resolve the matter; and
e) copies of any relevant correspondence.
We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.

8.2.  Non-Disparagement: Without limiting either party’s rights, each party agrees not to disparage the other or provide negative feedback in a private public forum (such as social media or an online review platform) at any time during or following provision of the Services. Where one party is dissatisfied, the issue must be dealt with in accordance with the provision of these Terms relating to disputes.

8.3.  Dispute resolution: Both parties will use their best efforts to resolve any dispute in good faith. Failing this, both parties will use their best efforts to resolve the dispute by engaging in mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. mediation in the state where we reside at the time. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located. All costs associated with the dispute, including legal, mediation or arbitration fees, will be borne equally by the parties.

9.      Use of Personal Information

How we may use your personal information. We will only use your personal information as set out in our Privacy Policy, which can be found here: https://www.tiny-explorers.com.au/privacy-policy

10. Disclaimer of Warranties

10.1. You agree that your use of the site and services is at your sole risk. Due to the number of possible sources of information available through the site and services, and the inherent hazards and uncertainties of electronic distribution, there may be delays, omissions, inaccuracies, or other problems with such information. We make no guarantee as to the results from use of its services.

10.2.  You confirm you are fit to supervise your child and they are safe to participate.

10.3. All intellectual property remains owned by Tiny Explorers including any materials provided to you. Unless otherwise permitted by these terms, you must not permit any other person to use or benefit from any materials or information provided to you in the course of us providing you with our Services

10.4.  If you infringe our Intellectual Property Rights, we reserve the right to terminate your access to the services and the Materials without refund and pursue legal remedies

11. Other Important Terms

11.1. We may transfer this Agreement to someone else. We may transfer our rights and obligations (in full or in part) under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Services not provided.

11.2.  You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms if we agree to this in writing.

11.3. Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.

11.4. If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

11.5. Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

11.6. Which laws apply to this Contract and where you may bring legal proceedings. These terms are governed by Australian law or the laws in your State or Territory as applicable, and you can bring legal proceedings in respect of the Services in the Australian courts or the courts in your State or Territory, as applicable.

11.7 . Force Majeure

‘Force Majeure’ means an event of cause beyond the reasonable control of the affected party, including act of God, major disruption to financial markets, strike or other labour difficulty, war, act of terrorism, pandemic, epidemic, embargo, power or water shortage, lack of transportation, or the effect of any applicable law, order, rule or regulation of any government or competent authority.

11.7.1. If we are prevented in whole or in part from carrying out our obligations under an Agreement as a result of a Force Majeure, then: a) the obligations which cannot be performed shall be immediately suspended; and b) if the Force Majeure continues to prevent performance of any obligation for a period of three (3) calendar months, we may terminate the Agreement by written notice to you. Any such termination will occur without prejudice to the rights of either party accrued prior to the date of termination.

11.7.2 You release us from any and all Liability suffered or incurred by you or any third party as a result of us exercising our rights under Clause 12.1, above.

12. Amendments

We reserve the right to amend these Terms and Conditions at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to initial use as well as periodically throughout your use of our services. If at any time you choose not to accept these Terms, you should discontinue your use of our services

By enrolling in the Tiny Explorers Classes, you acknowledge that you have read, understood, and agree to these Terms and Conditions.