Terms & Services

 

 

 

 

 

 

The following terms and conditions (the “Terms and Conditions”) govern your use of the Early Learning Management,  Early Learning Management Website (this “Site”). This Site is made available by Early Learning Management, (“Early Learning Management” or “Early Learning Management” or “us”). Early Learning Management may change the Terms and Conditions from time to time, and at any time without notice to you, by posting such changes on this Site. Any change or modification made by Early Learning Management will be effective immediately upon posting on this site and your continued use of this site means you have agreed to accept any changes or modifications made by Early Learning Management. BY USING THIS SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THIS SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use this Site. Unless otherwise stated, the contents of this site including, but not limited to, the text and images contained herein and their arrangement are the property of Early Learning Management. All trademarks used or referred to in this website are the property of their respective owners.

Nothing contained in this site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Early Learning Management or any third party. This site and the content provided in this site, including, but not limited to, graphic images, audio, video, HTML code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Early Learning Management, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. The information provided on this site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and Early Learning Management. Links on this site may lead to services or sites not operated by Early Learning Management. No judgment or warranty is made with respect to such other services or sites and Early Learning Management takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this site or any site or service linked to by this site is at your own risk.

Trademarks

The trademarks, service marks and logos displayed on this Site are registered and unregistered trademarks or service marks of Early Learning Management and/or others. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark or service mark displayed on this Site without the express written permission of Early Learning Management or such third party that may own such trademark or service mark. Your misuse of the trademarks and service marks on this Site is strictly prohibited.

Third-Party Early Learning Management Websites

You acknowledge and agree that Early Learning Management has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through web sites to which you may link from this Site (collectively, “Linked Sites”). Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Early Learning Management shall not be held responsible should you encounter any material on Linked Sites or may appear indecent, illegal, or inaccurate.

DISCLAIMER OF WARRANTIES

THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND EARLY LEARNING MANAGEMENT HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE CONTENT OF THIS SITE IS DESIGNED TO PROVIDE INFORMATION ON MATTERS OF INTEREST AND THE SERVICES AVAILABLE FROM EARLY LEARNING MANAGEMENT ONLY AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND, NOR ANY OTHER ATTEMPT TO SOLICIT BUSINESS OR OFFER SERVICES. SINCE LAW AND REGULATIONS CHANGE CONTINUALLY AND ERRORS CAN OCCUR, THE INFORMATION ON THIS SITE MAY NEITHER BE UP TO DATE NOR ACCURATE. EARLY LEARNING MANAGEMENT ACCEPTS NO LIABILITY FOR ANY LOSS ARISING AS A RESULT OF ANY ACTION TAKEN OR REFRAINED FROM AS A RESULT OF INFORMATION CONTAINED ON THIS SITE OR ANY OTHER SITES TO WHICH THIS SITE MAY BE LINKED AND BDO SHALL HAVE NO OBLIGATION TO UPDATE THIS SITE. PLEASE CONTACT BDO FOR SPECIFIC ADVICE ON ANY AREA OF INTEREST. IF YOU ARE DISSATISFIED WITH THIS SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE.

LIMITATION OF LIABILITY

NOTWITHSTANDING ANY PROVISION OF THESE TERMS AND CONDITIONS, IN NO EVENT SHALL EARLY LEARNING MANAGEMENT OR ANY OF ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THIS SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO EARLY LEARNING MANAGEMENT DIRECTLY IN EXCHANGE FOR YOUR USE OF THIS SITE.

Applicable Laws

Early Learning Management control and operate this Site from our offices in Australia. Early Learning Management does not represent that materials on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

Intellectual Property

All text and other materials found within this site are the property of Early Learning Management, its Affiliates, or other parties who have licensed material to Early Learning Management. All text and other materials found within this site are protected by copyrights and other proprietary intellectual property rights that are owned or controlled by Early Learning Management or by other parties that have licensed their rights to Early Learning Management. You may not modify or make any commercial use of any material on this site. You may make copies of the materials on this site for own use as long as you keep intact any copyright and other proprietary notices on the materials, and you may not modify the materials in any way.

Miscellaneous

Ownership of Documents

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

Child Care Subsidy (CCS) Business Plan

If the childcare service is operating under the provision of the Early Learning Management Child Care Subsidy (CCS) Business Plan. This Business Plan will be retracted in writing to the Approved Provider and the Department of Education upon the conclusion of the management agreement term. At the termination of the management agreement, Early Learning Management will no longer take any responsibility in consulting to assist the  Approved Provider / Nominated Supervisor for the compliance and governance of the childcare services or entities. Early Learning Management accepts no responsibility for any loss, damage, cost or expense (whether direct or indirect) incurred by you due to any error, omission or misrepresentation in any information post the termination. By retaining this Business Plan, the Recipient acknowledges to Early Learning Management it has read, understood and accepted the terms of this Important Notice. If the Recipient does not accept these terms, it must immediately return this Business Plan to Early Learning Management. Neither Early Learning Management nor any of its related bodies corporate or affiliates (or their respective officers. Directors, employees, consultants or agents) (together, the “Group”) have independently verified the information set out in this Business Plan. No representation or warranty, express or implied, is made and no responsibility or liability is accepted by Early Learning Management (or any member of the Group) (whether for negligence, under statute or otherwise) for the accuracy or completeness of any information, statements or policies contained in this Business Plan, any other written or oral communication transmitted to any person in the course of their consideration of the arrangements proposed herein, or for any loss whatsoever arising from the use of this Business Plan or its contents or otherwise in connection with it. The Recipient acknowledges neither it nor Early Learning Management intends that Early Learning Management act or be responsible as a fiduciary to the recipient, its officers, employees, security holders, creditors or any other person. Each of the Recipient and Early Learning Management, by accepting and providing this document respectively, expressly disclaims any fiduciary relationship and agrees it is responsible for making its own independent judgments with respect to any services and any other matters arising in connection with this Business Plan or the Permitted Purpose. Early Learning Management and (and each member of the Group) disclaims any responsibility to any person arising directly or indirectly from the unauthorised use or distribution of this Business Plan. 

Childcare Industry Key Risk Factors

There are several risk factors, both specific to the proposed project / Management and of a general nature, which may, either individually or in 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, including 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.

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 CommonEarly Learning Managementalth, 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 including 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 including 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 CommonEarly Learning Managementalth 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 including “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 daycare 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 insufficient 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 and 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, through 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 numerous 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.

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 results expressed or implied by such forward-looking statements. Although forward-looking statements contained in this presentation are based upon what management of the Company beliefs 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 results expressed or implied by such forecast statements. Early Learning Management recommends 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.

Consulting Fees

Our consulting fees charged for 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 and consultants working on the matter. Varying hourly rates are charged for each staff member differentiated by experience and 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 and charges exclude GST.

Scope and Output of an Engagement

At the commencement of a client engagement, a client will be provided with a letter or email communication outlining the terms of our engagement and nature and 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, Early Learning Management will discuss the basis upon which that additional work can be included in the engagement. If Early Learning Management agrees to carry out additional services, the 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 Early Learning Management does identify any instances of fraud or illegal acts/omissions, Early Learning Management will notify the client as soon as practicable that Early Learning Management has identified such acts/omissions. The services are provided only for the benefit of the client identified in the engagement communication. Early Learning Management is not liable to any other person in respect of the services.

Force Majeure

Notwithstanding anything to the contrary contained herein,  Early Learning Management shall not be liable for any delays or failures in performance resulting from acts beyond reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, breakdowns or malfunctions, interruptions or malfunctions of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labour difficulties, war or civil unrest, industrial action, acts and regulations and rules of any governmental or national bodies or authorities or regulatory or self-regulatory organisation, or failure of any such body, authority, or organisation for any reason, to perform its obligations.