Terms & Services

Thanks for using our services (“Services”). The Services are provided by iChildcare Management Pty Ltd ATF Early Learning Management Trust ABN 19 632 288 713 of Unit 2B 13 Upton Street Bundall Qld 4217. By using our Services, you agree to these terms. Please read them carefully. Additional terms will be available with the relevant Services, & those other terms become part of your agreement with us if you use those Services.

By accessing, browsing &/or using this website, you agree to comply with & be bound by the following terms & conditions of use, which together with our privacy policy govern Early Learning Management’s relationship with you about this website.

The term Early Learning Management means Early Learning Management or Early Learning Management or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Unit 2B 13 Upton Street Bundall Qld 4217.

The term ‘you’ or “your” refers to the user or viewer of our website & user of Early Learning Management’s Services.

By accessing or using the Website, & the content & services available via the Website, you signify that you have read, understand & agree to be bound by these Terms in all respects concerning the Website. If you are not willing to be bound by each & every term or condition, or if any representation made herein by you is not true, you may not use & must cease using the Website.

Changes to & Availability of the Website

The Website is made available on an “as is” basis with no representation or warranty concerning their functionality or availability & with no guarantee that they are complete, accurate, or timely nor any guarantee regarding any results you or others may obtain from their use. Access to all or parts of any of the Website may be suspended at any time without notice.

Use of this Website is Subject to the Following Terms & Conditions:

This website contains material which is owned by or licensed to us. That material includes, but is not limited to, the design, layout, look, appearance & graphics of the website. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms & conditions. No image on this website is to be copied or reproduced under any circumstance.

The content of the pages of this website is for your general information & use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information & materials found or offered on this website for any particular purpose. You acknowledge that such information & materials may contain inaccuracies or errors & we expressly exclude liability for any such mistakes or errors to the fullest extent permitted by law.

This website may include links to other websites, which are provided for your convenience to provide further information. They do not signify that we endorse the website/s.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services or information available through this website meet your specific requirements. All trademarks reproduced in this website, which are not the property of, or licensed to Early Learning Management, are acknowledged on the site.

You Must Not Upload Anything to This Website That:

(a) is or could reasonably be considered to be unlawful, obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite hatred, discriminatory, blasphemous, in breach of confidence or breach of privacy;
(b) is untrue or inaccurate;
(c) is in any way misleading or deceptive;
(d) contains viruses, corrupted files, or any similar software programs that may damage the operation of another user’s computer; or
(e) would otherwise bring the website into disrepute;
(f) advertise or offer to sell or buy goods or services for any purpose, unless expressly authorised by us;
(g) conduct or forward surveys, contests, pyramid schemes or chain letters; or
(h) harvest or otherwise collect information about others, including email addresses, without their consent.

Early Learning Management may at its sole discretion: refuse to include any user content at any time; & remove any user content as it sees fit.

Responsibilities

In accepting the terms of the engagement, clients agree to provide us with complete, precise, accurate, meaningful & timely instructions. Clients also agree to give all information & documents requested by us, or necessary for us to undertake & complete the work, on a timely basis. Clients acknowledge & agree that they will be responsible for the completeness, accuracy & clarity of the information supplied to us.

Trade & Service Marks

You may not use the “Early Learning Management” trade names, trademarks, service marks, logos or designs, or any other mark held by Early Learning Management, in connection with any product or service that is not part of Early Learning Management nor in any manner that is likely to confuse. Nothing contained on the Websites should be construed as granting any right to use any trade names, trademarks, service marks, logos or designs without the express prior written consent of the owner.

Project, Consultation, Advisory, or Management Services

Early Learning Management Services are Subject to Liability & Indemnity

You indemnify & hold us & our agents, affiliates, directors, officers, employees, consultants & contractors (‘Indemnified Persons’) harmless from & against any & all liability, costs, claims, losses, damages & expenses (including all reasonable legal fees), which may be suffered, incurred made or brought against any of the Indemnified Persons, directly or indirectly, in connection with:

(a) any breach of these terms of use by you;
(b) any act of fraud or willful misconduct by or on behalf of you;
(c) any publication of, or act or omission in relation to, content posted by you on our website;
(d) any announcement of, or act or omission in relation to, content posted by you on any website represented by a URL included or embedded in material posted on our website; &
(e) any other claims by users of the website in relation to content posted by you.

Early Learning Management will not be liable if such losses are due to the provision of false, misleading, incorrect or incomplete information or documentation by You, Early Learning Management ‘s reliance on instructions provided by You, or due to any acts or omissions of any person other than the Early Learning Management;

Early Learning Management will not be liable to You for accidental, incidental, indirect, special, punitive or consequential damages or loss of profits or savings, even if the Early Learning Management has been advised of, knew or should have known of the possibility of such damage or loss. You agree to indemnify Early Learning Management against any & all losses, claims, costs, expenses, actions, demands, damages, liabilities or any other proceedings, incurred or suffered by Early Learning Management, including in respect of any claim by a third party (whether in contract, tort, or otherwise), arising from any breach by You or by reason of any action Early Learning Management takes in good faith;

(a) against any & all losses, claims, costs, expenses, actions, demands, damages, liabilities or any other proceedings, incurred or suffered by Early Learning Management in respect of any claim by a third party (whether in contract, tort, or otherwise) from the Your use of the Early Learning Management ‘s Services;

(b) from any liabilities Early Learning Management may have to the You or any third party as a result of reliance by the Early Learning Management on any information provided by the You (or any of the Your representatives), which is false, misleading, incorrect or incomplete or as a result of the failure to provide information which was material information held in Your possession or control.

To the maximum extent permitted by applicable law, the early learning management parties disclaim all liability & shall not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation damages for lost profits or revenues, goodwill, work stoppage, security breaches, viruses, computer failure or malfunction, use, data or other intangible losses or commercial damages, even if any of such parties are advised of the possibility of such losses, arising under or in connection with these terms, the site, the use of or inability to use the same, or any other subject matter hereof.

We will provide our Services with reasonable care & skill. Our liability to our clients is limited to losses, damages, costs & expenses directly caused by our negligence or wilful default. Our liability may also be limited by a scheme approved under Professional Standards Legislation. Further information on schemes is available from the Professional Standards Councils’ website: https://www.psc.gov.au/. Our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the greater of the total Charges paid under the Contract or AUD$1,000.00

Force Majeure

Neither party will be responsible for a failure to fulfil its obligations under these Terms or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes & accidents in transportation, but excluding a lack of financing, cash or credit.

Entire Agreement

These Terms, as amended from time to time, including any & all documents, Web sites, Rules, Terms & Policies referenced herein, including but not limited to the Privacy Statement, constitute the entire agreement between us & you concerning your use of the Websites.

Fees

Our management fees charged for the engagement will be outlined in the engagement agreement. Fees will be charged at hourly rates for all consulting work according to the time spent by our employees & consultants working on the matter. Varying hourly rates are charged for each staff member differentiated by experience & qualifications. Tax invoices will be raised on a work completed basis. If agreed, interim fees may be raised while the work is in progress. Invoices submitted by Early Learning Management to the client are due upon receipt. Unless stated otherwise, our fees, expenses & charges exclude GST.

Ownership of Documents

All original documents that we obtain from our clients to perform the services under the engagement remain the property of the client. However, the client agrees that we may make a reasonable number of copies of the original documents for our records & to provide the services of the engagement. We retain all copyright in any document prepared by us during the course of carrying out the engagement for the client, except where the law explicitly states otherwise. To the extent permitted by law or professional standards, we reserve the right to exercise a lien over all documents & records in our possession relating to all engagements for the client until all outstanding fees & disbursements are paid to us in full. Your use of this website & Early Learning Management’s services & any dispute arising out of such use of the website or services is subject to the State & or Federal laws & regulations of the Commonwealth of Australia.

Scope & Output of the Engagement

At the commencement of a client engagement, a client will be provided with a letter or email communication or RightSignature outlining the terms of our engagement & the nature & limitations of the services that will be provided. The engagement communication will also constitute a cost agreement. The scope of the engagement will only include the services outlined in the engagement communication. If there is additional work required by the client, we will discuss the basis upon which that additional work can be included in the engagement. If we agree to carry out additional services, a client will be provided with new or amended engagement terms. Unless the services covered by the engagement specifically include audit or review services, no assurance will be provided.  Unless agreed with the client, the services will not include specific identification of fraud or other illegal acts. If we do identify any instances of fraud or illegal acts/omissions, we will notify the client as soon as practicable that we have identified such acts/omissions. The services are provided only for the benefit of the client identified in the engagement communication. We are not liable to any other person in respect of the services.

Key Risks For A Childcare Service

There are several risk factors, both specific to the proposed project / Management and of a general nature, which may, either individually or in a combination, affect the future operating and financial performance of the proposed Project, Consultation, Advisory, or Management services. The recommendations presented may not be implemented effectively by management or staff of service. Therefore Early Learning Management takes no responsibility for any loss of income, damage to property or death of child, staff or visitor of the service. Despite implementing recommendations, business or rating does not grow due to unforeseen circumstances, such as environmental disaster or dispersion of population in the area. In this instance, Early Learning Management and its employees cannot be held liable for any loss of income to the business.

Childcare Industry Key Risk Factors

Changes in Law and Government Policy

The childcare industry in Australia is heavily regulated with the National Law and supporting regulations providing a detailed and authoritative framework for the management and operation of childcare businesses in Australia. Any change or addition to the laws, regulations, or government policy imposed by the Commonwealth, state and territory, or local governments, or changes to their interpretation or enforcement, could affect the operation of the service and could impact on the profitability of the proposed Project, Consultation, Advisory, or Management services. Any regulatory or policy change could include, but not be limited to, the level of funding provided by the government and changes that may increase current forecast operating costs. Furthermore, changes to the requirements under the NQF such as staff to child ratios and staff qualification requirements may increase expenses incurred.

Changes to Government Assistance

The Commonwealth Government provides substantial assistance to the child care industry through schemes such as the Child Care Subsidy (CCS) The Child Care Subsidy is the primary way the Government assists families with their child care fees. This funding represents a significant proportion of childcare services revenues. These schemes are subject to review at any time by the Commonwealth Government. Any reduction in the level of these schemes will have a significantly adverse impact on the operations of childcare services.

Regulatory Risk and Assessment and Rating Process

The regulation and availability of government assistance depend on individual childcare services being registered under the NQF. Representatives of the ACECQA administer the assessment and rating process, including inspections of a childcare service. Negative evaluations such as “significant improvement required” could result in the loss of registration and the withdrawal of government assistance for an individual service. Should this occur, this would have a negative impact on the proposed Project, Consultation, Advisory, or Management services operations and financial position. The ability of the proposed Project, Consultation, Advisory, or Management services to operate the childcare service is dependent on having the requisite regulatory approval. Under the National Law, the owner must obtain a provider approval. If the relevant regulatory consent is withdrawn, or not obtained when sought, the owner will not be permitted to operate the applicable service. This could materially impact the project’s future earnings. Early Learning Management does not guarantee a particular ACECQA rating as part of its engagement.

Increased or New Competition

The market for childcare and early education services in Australia is competitive. The proposed Ç will compete with other long day care and outside school hours care providers. Competition is primarily based on the quality of care offered, the location of a childcare service, and cost. To compete effectively, the proposed Project, Consultation, Advisory, or Management services must meet each of these competitive challenges from existing market participants and respond effectively to any changes in the competitive landscape. The competitive landscape may evolve, for example, through the entry of new competitors into the market, the consolidation of existing market participants, or a change in government policy that affects the distribution of public funding to the childcare and early education services industry. Any increase in competition or deterioration in the competitive position of the proposed Project, Consultation, Advisory, or Management services could have a material adverse impact on the proposed Project, Consultation, Advisory, or Management services financial situation.

Sourcing of High-Quality Staff

The proposed Project, Consultation, Advisory, or Management services is reliant on its ability to attract and retain high-quality staff. There is a risk that a lack of high-quality staff may negatively impact the performance of the proposed Project, Consultation, Advisory, or Management services.

Changes to Industrial Relations Laws

If the proposed Project, Consultation, Advisory, or Management services are in a high-risk industry in terms of the impact of restricted labour markets and labour reform and to the extent that these changes result in less flexibility for the proposed Project, Consultation, Advisory, or Management services and employees in agreeing on terms of employment. This may result in increased labour costs, compliance costs, and potentially higher costs from industrial disputes. Further changes to industrial relations laws may result in additional labour and compliance costs.

Inability to Increase Fees

In preparing the results set out in the Forecast Financial Information, it is assumed certain fee increases over the Forecast Period in the proposed financial forecast. If fee increases cannot be passed on due to regulation or market-driven events, then the lower fee income will result in reduced profitability, and actual results may differ from the Forecast Financial Information.

Operational Risk & Control

Operational risk relates to the risk of loss resulting from inadequate or failed internal processes, people and systems, or from external events which impact on the business. Operational risk has the potential to have an effect on the business’s financial performance and position as well as reputation.

Liability

If the proposed Project, Consultation, Advisory, or Management services are exposed to the potential risk of damages claims in the event of a child being incapacitated, injured, or harmed in any way either while at a childcare service or in transit to or from the service while under the control of a Project, Consultation, Advisory, or Management services employee. Any such claim could, because of the age of the injured party, take many years to be finalised.

Population Risk

Any decline in birth to 6 years’ age bracket of the Australian population could reduce the profitability of the proposed Project, Consultation, Advisory, or Management services. As the underlying demand for childcare is driven by the numbers of children in this age bracket, changes in the expected number of children in this bracket will have an impact on the industry and on the proposed Project, Consultation, Advisory, or Management services.

Female Workforce Participation

The labour force participation rate of women with children in childcare is a vital determinant of the size and profitability of the market for childcare. Any decline in the workforce participation rate of women may impact the demand for childcare services and may harm the industry and on the proposed Project, Consultation, Advisory, or Management services.

Interruption or Damage to IT Systems

Early Learning Management is dependent upon the usage of computers, information communications technology and systems. Early Learning Management technology systems could be interrupted or damaged by a diverse array of events, including natural disasters, acts of war or terrorism, telecommunications failures or other similar occurrences, and are exposed to the potential risk of computer hackers, unauthorised users, computer viruses, malicious codes and cyber-attacks. Any disruption in Early Learning Management’s computer and communications systems could adversely impact Early Learning Management’s operating ability.

No Representations

The client warrant that you do not (and agree that you will not) rely on this business plan or any subsequent information or any other statement, warranty, representation, express or implied, made by Early Learning Management or any of its officers, employees, agents, advisers, consultants or other representatives in connection with making a decision about whether or not to proceed with establishing a new child care centre business, and / or acquiring an existing child care business.

Forward-Looking Statements

Forward-looking statements/models are not guarantees of future performance, and undue reliance should not be placed on them. Such forward-looking statements necessarily involve known and unknown risks and uncertainties, which may cause actual performance and financial results in future periods to differ materially from any projections of future performance or result expressed or implied by such forward-looking statements.

Although forward-looking statements contained in this presentation are based upon what management of the Company believes are reasonable assumptions, there can be no assurance that forward-looking statements will prove to be accurate, as actual results and future events could differ materially from those anticipated in such statements. They represent the best of management’s knowledge and belief. The Company’s expected revenues, expenses, and cash flow for the projected periods are subject to the Company’s ability to grow occupancy at the forecast fees and costs estimated by management. These statements are not guarantees of future
performance and undue reliance should not be placed on them. Such forecast statements necessarily involve known and unknown risks and uncertainties, which may cause actual performance and financial results in future periods to differ materially from any projections of future performance or result expressed or implied by such forecast statements. Early Learning Management recommends that you seek independent advice before relying upon or acting on any information in this model. Early Learning Management accepts no responsibility for any loss, damage, cost or expense (whether direct or indirect) incurred by you as a result of any error, omission or misrepresentation.

Risk

Establishment of a new child care business or acquisition of an existing one is not without some risk. Recipients of a business plan should have the financial ability and willingness to accept the risks that are characteristic of the business described in these terms and conditions. Neither Early Learning Management nor its Representatives, guarantee the performance of any business, the return of investment capital, the payment of any particular return or the increase in value for the company or its assets.

Professional Advice

Recipients of this business plan should obtain professional legal and accounting advice before proceeding with any plans to establish or acquire a child care business. This business plan does not contain all the information you may require before deciding to develop or buy a child care business. In preparing this business plan, Early Learning Management has taken no account of the investment objectives, financial situation and particular needs of any prospective person or investor. Recipients of this business plan must not construe the contents as tax, legal, financial or investment advice in light of their circumstances and must conduct their independent investigation and analysis regarding any information contained in this business plan.

Acceptance of Terms

Clients acknowledge that by signing & returning a signed copy of the engagement letter through RightSignature, or by acknowledging via return email acceptance of the engagement terms, they agree to be bound by these terms of services.