Terms & Conditions
Eligibility Criteria

Nader Foundation Terms & Conditions (1st September 2025)

These Terms and Conditions may be amended or updated by the Nader Foundation at any time. The most current version will always be available on this website, and continued participation constitutes acceptance of the updated Terms.
1. Definitions In these Terms and Conditions the following words have the following meanings: Additional Charges: fees charged by Child Service Providers in addition to childcare fees, including charges for food, snacks, activities, trips, or transportation. Applicant: any natural person aged between birth and five years whose Parent completes an Expression of Interest. Child Service Provider: a business, undertaking or organisation registered to provide early years childcare and with whom the Nader Foundation has agreed the provision of Placements. Donated Placement: a Placement made available to an Applicant at no cost to the Applicant. Expression of Interest: a completed form registered online through the Nader Foundation’s website. Nader Foundation: a charitable trust created by deed dated 27 August 2012, the objects of which include providing early childhood care and education opportunities to children under six years of age. Parent: a parent or guardian of an Applicant, or his or her caregiver. Placement: an opportunity, arranged by the Nader Foundation, for an Applicant to receive early years childcare through a Child Service Provider for a Placement Term. Placement Term: a period of between 2 weeks and 52 weeks. Sponsored Placement: a Placement made available to an Applicant at a lesser cost than that normally charged by the relevant Child Service Provider. Trustees: the trustees of the Nader Foundation from time to time, and/or any person to whom the Trustees have delegated any role or decision-making capacity under these Terms. 2. Limitation of Placements 2.1 The Nader Foundation relies on the generosity of Child Service Providers in providing Placements. 2.2 The number of Placements available at any given time and the length of any Placement Term is outside the control of the Nader Foundation. 2.3 Nothing in these Terms creates a contractual or legally enforceable offer to an Applicant or Parent to provide or arrange a Placement. 3. Requirement to Express Interest No Applicant can be considered for a Placement unless the Applicant has first registered an Expression of Interest. 4. Discretionary Assessment 4.1 Each Expression of Interest will be assessed by the Trustees at their discretion as to whether an Applicant ought to be recommended for a Placement, the length of the Placement Term, and whether that Placement should be a Donated Placement or a Sponsored Placement. 4.2 Where an Applicant receives a Childcare Subsidy through WINZ, the Placement recommended (if any) will be a Discounted Placement, and the value or amount of the Subsidy will be set off against the amount of discount available, such that the subsidy will be payable directly to the Child Service Provider. 4.3 All assessment and decision-making is at the complete discretion of the Nader Foundation, who are under no obligation to give reasons for their decisions, or explain why one Expression of Interest has been preferred over another. 4.4 Parents will be advised of decisions as soon as is reasonably possible, but the Nader Foundation has no obligation to respond within a particular timeframe. 5. Additional Charges Child Service Providers may make Additional Charges over and above their standard fees. Placements do not cover Additional Charges. Parents must pay Additional Charges directly to the Provider at the agreed rates. 6. Relationship Between Parents, Applicants and Child Service Providers 6.1 The Nader Foundation only assesses Applicants and introduces them to Child Service Providers. Parents must agree the wider terms of any Placement directly with the Provider. 6.2 The Nader Foundation is not liable for the standard or quality of care and education provided by a Provider. 6.3 A decision to recommend a Placement does not guarantee enrolment; the terms must be agreed between Parent, Applicant, and Provider. 6.4 Placement Terms may be curtailed by the Provider under its terms, and in such cases the Nader Foundation has no obligation to provide an alternative or compensate the Applicant. 6.5 Placements may be withdrawn by Providers if a full-paying child would otherwise be turned away. 7. Provision of Information 7.1 Parents must provide such information regarding income, resources, and circumstances as reasonably required by the Trustees. 7.2 Parents must also provide any further information required by the Provider as a condition of Placement. 8. Privacy and Personal Information 8.1 All personal information is handled in accordance with the Privacy Act 2020. 8.2 Information provided may be disclosed to Providers or government agencies where required. 8.3 Parents authorise the Foundation to disclose Expression of Interest forms or related information to Providers in the event of a Placement. 8.4 De-identified information may be used for research, reporting, fundraising, and promotional purposes. 8.5 Parents may request access to their personal information and request correction as provided under the Privacy Act 2020.

8.6 The Nader Foundation treats all personal, financial, and application-related information provided by Parents as confidential. 8.7 Information will only be shared with Child Service Providers, Trustees, or authorised third parties strictly for the purpose of assessing eligibility, managing Placements, or meeting legal obligations. 8.8 All parties receiving information are required to maintain its confidentiality and use it solely for the purpose for which it was provided. 8.9 Confidential information will not be disclosed to external parties without prior consent of the Parent, except where required by law, regulation, or funding agreements. 9. Parent Responsibilities 9.1 Parents remain responsible for compliance with all Provider rules and policies. 9.2 Failure to comply may result in termination of the Placement at the Foundation’s discretion. 10. Indemnity and Limitation of Liability 10.1 Parents indemnify the Foundation, Trustees, and staff against all claims, costs, or liabilities arising from participation in a Placement. 10.2 To the maximum extent permitted by law, the Foundation’s liability is limited to NZD $1.00. 11. Force Majeure The Foundation shall not be liable for any failure or delay in providing Placements due to circumstances beyond its control, including but not limited to natural disasters, pandemics, government regulation, loss of funding, or Provider closures. 12. Termination of Placement The Foundation may terminate or withdraw a Placement at its sole discretion, including but not limited to where: Provider availability changes, Funding ceases, The Parent breaches obligations, or False or misleading information has been supplied. 13. Amendments to Terms The Foundation may amend these Terms at any time. Continued participation constitutes acceptance of the updated Terms. 14. Dispute Resolution 14.1 Any dispute must first be addressed through good faith negotiation. 14.2 If unresolved, the dispute will be referred to mediation. 14.3 If mediation fails, the dispute shall be resolved by arbitration in New Zealand under the Arbitration Act 1996. 15. Governing Law These Terms are governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts and tribunals. 16. General Provisions Severability: If any clause is invalid, the remainder continues in effect. Entire Agreement: These Terms represent the full understanding between the parties. No Waiver: Failure to enforce any clause does not constitute a waiver.