Early Learning Management Team

Terms & Services

Early Learning Management may change the Terms and Conditions from time to time, and at any time without notice to you

Terms and Services

The following terms and conditions (the “Terms and Conditions”) govern your use of the Early Learning Management Service Centre (the “Application”), Early Learning Management Website (this “Site”). The Application & 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 THE APPLICATION OR SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE OR APPLICATION. If you do not agree to these Terms and Conditions, you may not access or otherwise use this Site or Application. 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 or application are the property of their respective owners.

Early Learning Management 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.

Nothing contained in this site & application 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 & application 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.

Early Learning Management Service Centre

Use of Data. When you enter or upload your data into our services, we don’t own that data, but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.

Use of Your Own Personal Data. We respect your privacy and take data protection seriously. In addition to these terms, our privacy notice details how we process your own personal data that you enter into the Service Centre, like your name and email address.

Use of Personal Data you Enter About Others. Depending on where your contacts are based, our data processing terms may also apply to the personal data of others (including your customers, suppliers and employees) that you enter into the Service Centre.

Anonymised Statistical Data. When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, including to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.

Data Breach Notifications. Where we believe there has been unauthorised access to personal data inside your subscription, we’ll let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you’re best placed to make this decision, because you’ll have the most knowledge about the personal data stored. We reserve the right to exercise whatever lawful means it deems necessary to prevent unauthorised access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Services Provider (ISP) regarding such unauthorised use.

Third-Party Early Learning Management Website

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 AND SERVICES 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 DESCRIPTION, NOR ANY OTHER ATTEMPT TO SOLICIT BUSINESS OR OFFER SERVICES. SINCE LAW AND REGULATIONS CHANGE CONTINUOUSLY 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 OR SERVICES TO WHICH THIS SITE MAY BE LINKED AND SHALL HAVE NO OBLIGATION TO UPDATE THIS SITE OR SUBSEQUENT SERVICES. PLEASE CONTACT ELM FOR SPECIFIC ADVICE ON ANY AREA OF INTEREST. IF YOU ARE DISSATISFIED WITH THIS SITE OR SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE AND SERVICES.

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 AND SERVICES.

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.

Dispute resolution. Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting our support team by calling 07 55925800 or emailing [email protected] If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

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.

Do's and Dont's

This section is super important because it outlines how you can (and can’t) use our services.  Much of it will be common sense. 

Feedback. We love your feedback and may use it without restriction.

Help using our services. We provide significant guidance and support to help you use our services. You agree to use our services only for lawful business purposes, and in accordance with the instructions and guidance we provide.

No-charge or beta services: Occasionally, we may offer a service at no charge – for example, a beta service, or a time-limited trial account. Due to the nature of these services, you use them at your own risk.

While we can’t cover everything here, we want to highlight a few more examples of things you mustn’t ever do: 

  • undermine the security or integrity of our computing systems or networks.
  • use our services in any way that might impair functionality or interfere with other people’s use.
  • access any system without permission.
  • introduce or upload anything to our services that includes viruses or other malicious code.
  • share anything that may be offensive, violates any law, or infringes on the rights of others.
  • modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
  • resell, lease or provide our services in any way not expressly permitted through our services.
  • repackage, resell, or sublicense any leads or data accessed through our services.
  • commit fraud or other illegal acts through our services.
  • act in a manner abusive or disrespectful to an Early Learning Management employee, partner, or other Early Learning Management customer. We will not tolerate any abuse or bullying of our Early Learning Management employees in any situation, including interaction with our support teams.

Termination Terms & Conditions

You can easily terminate your subscription/management engagement with one month’s written notice. We may also terminate your subscription with the same notice. If you violate these terms, we may terminate your subscription immediately.

 Subscription/Management Engagement Period. Your subscription/management engagement continues for the period covered by the subscription/management engagement fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription/management engagement fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by providing one month’s written notice in advance. You’ll still need to pay all relevant subscription/management engagement fees up to and including the day of termination. In the case of a childcare centre sale, an additional month will be charged to compensate the sale process.

Termination by Early Learning Management. Early Learning Management may terminate your subscription at any time by providing you with one month’s written notice in advance. Early Learning Management may also terminate or suspend your subscription/management engagement or access to all or any data immediately if:

  • you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
  • you breach any of these terms and the breach cannot be remedied,
  • you fail to pay subscription/management engagement fees, or
  • you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.

No Refunds. No refund is due to you if you terminate your subscription/management engagement or Early Learning Management terminates it in accordance with these terms.

Retention of Your Data. Once a subscription/management engagement is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription/management engagement fees.  We retain data in case you need it as part of your record retention obligations, but you can get in touch with us to have your data removed completely if you wish.

Document Management

Subject to the terms of this Agreement, the Company grants to Customer a limited, non-exclusive, non-transferable right to access and use the Services, and allow its Authorised Users to access and use the Services, solely for Customer’s internal business purposes and not for resale or further distribution. A customer’s right to use the Services is limited by all terms and conditions herein. The Customer shall be responsible for its Authorised Users in compliance with Customer’s obligations under the terms of the Agreement. Unless otherwise provided in the applicable Order Form, (a) Services are purchased as subscriptions, (b) subscriptions for Services may be added during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions.

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the Services for spamming and/or other illegal purposes; or (iv) reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services.

These Terms of Services commence when you accept them. At the end of the term you contract for use of the Services, it shall automatically renew for additional terms of the same length at the prices communicated to you at least sixty (60) days prior to the end of that term (or the same prices as the prior term if no new prices are provided) until terminated by either You or Us with at least thirty (30) days’ notice prior to the end of each such term. Either party may terminate these Terms of Services upon thirty (30) days’ prior written notice to the other party for a material breach that remains uncured at the expiration of such period. Immediately upon termination of these Terms of Services for any reason, you will (i) cease use of the Services, (ii) pay in full all Fees due upon termination, and (iii) return or destroy all copies of our Confidential Information. Upon expiration or termination of these Terms of Services for any reason, your account shall be deactivated, and all Contact Information deleted.

If a Customer does not renew the subscription for the Services, We shall provide all Customer Data on explicit written request from the customer in a generally accessible format within 30 days after the end of such term, and thereafter may delete the customer account and all of the Customer Data. Please note that some information, like billing and subscription, may remain with Us for accounting and legal reasons. Additionally, Customer Data may remain with Us for the period of 90 days on our replication servers and/or high availability servers, beyond which it is completely deleted.

We reserve the right to terminate your service at any time without cause or notice. In addition, We reserve the right to suspend your account indefinitely if We suspect any fraudulent or inappropriate activity is being conducted through the use of the Site, and such suspension will remain in effect until We are satisfied in our sole judgment that such activity is not occurring. We shall have no obligation to maintain any Content in your account. Notwithstanding anything to the contrary, if a signed agreement exists between Us and a paying User, and such signed agreement has a termination section or a clause related to termination, the termination of signed agreements and corresponding Use will be governed by the termination language in the signed agreement.

We reserve the right to exercise whatever lawful means it deems necessary to prevent unauthorised access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Services Provider (ISP) regarding such unauthorised use.

Termination does not affect your liability or obligations under this Agreement.

Subscription Fees.  For Customers that purchase our Services, fees are specified at the Services interface “check-out” and in the Order Form(s) — and must be paid in advance. Payment obligations are non-cancellable, and, except as expressly stated in the Contract, fees paid are non-refundable.  WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS OR ANY FEATURE OF COMPONENT THAT YOU HAVE PAID FOR BUT NOT USED. 

Changes in Subscription Fees.  If You choose to upgrade Your Services Plan or increase the number of Authorised Users to access and use a Services during Your Subscription Term (a “Subscription Upgrade”), any incremental Subscription Charges associated with such Subscription Upgrade will be prorated over the remaining period of Your then current Subscription Term, charged to Your Account and due and payable upon implementation of such Subscription Upgrade. In any future Subscription Term, Your Subscription Charges will reflect any such Subscription Upgrades.

Customer will defend, indemnify and hold harmless Company, its suppliers and licensors, and its respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns, from any costs, damages, expenses, and liability caused by Customer’s use of the Services, Customer’s violation of this Agreement, Customer Content, or Customer’s violation of any rights of a third party through use of the Services.

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 (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 for 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.

The childcare centre is governed by the Approved Provider, who manages the service with the Nominated Supervisor and the engagement of an experienced childcare External Management Team, Early Learning Management (External Management).

Rationale, Roles and Responsibilities. The Approved Provider and the Nominated Supervisor are responsible for the health, safety and wellbeing of children attending their services, and for providing quality learning environments for those children. The Approved Provider and Nominated Supervisor must comply with relevant legislative requirements and ensure they have appropriate controls in place to manage risks within their services. Under the National Quality Framework (NQF), the Approved Provider and Nominated Supervisor are expected to work closely with families to ensure the services they provide meet the individual needs of all children in their care.

The Approved Provider recognises he/she has legal responsibilities associated with establishing and operating a childcare service. The Provider has a legal obligation to comply with the Family Assistance Law, Education and Care Services National Law, account for Australian government funds (Child Care Subsidy (CCS)), guarantee the fitness and propriety of the provider, including managing bodies, and any Authorised Supervisor/Nominee in day-to-day charge of the childcare service, comply with any Australian Government funding agreements, and ensure the childcare service remains financially viable.

The Approved Provider also understands its responsibility to maintain appropriate governance arrangements for the childcare service that reflects the legal status and authority to hold a Provider Approval and Service Approval and to manage the service effectively.

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.

Consulting Services

The parties agree that Consultant shall be an independent contractor in the performance of his duties hereunder. Nothing contained herein shall be considered creating an employer-employee relationship between the parties to this Agreement. The Client shall not make social security, workers’ compensation or unemployment insurance payments on behalf of the Consultant. The parties hereto acknowledge and agree that Consultant cannot guarantee the results or effectiveness of the services rendered or to be rendered by Consultant hereunder. Rather, the Consultant shall conduct his operations and provide his services professionally and in accordance with good industry practice. The Consultant will use his best efforts, but does not promise results. The Consultant shall be available for advice and counsel to the officers and directors of the Client at such reasonable and convenient times and places as mutually agreed upon. Except as aforementioned, the time, place and manner of performance of the services hereunder, including the amount of time to be allocated by the Consultant to any specific service, shall be determined at the sole discretion of the Consultant.

The Client shall provide the Consultant with the current information and data necessary to effectively complete the project, and afford a sound basis its advice to the Client, and shall provide such current information on a regular basis. The Client shall be responsible for advising the Consultant of any information or facts which would affect the accuracy of any prior data and information to the Consultant. It is agreed that all information and materials produced for the Client shall be the property of the Consultant, free and clear of all claims thereto by the Client, and the Client shall retain no claim for authorship therein.

The Consultant shall be free to perform services for other persons. The Consultant will notify the Client of its performance of consultant services for any other person, which could conflict with its obligations under an Agreement, whereupon the Client shall either consent or object to such outside consulting activities by the Consultant; a failure to object or to terminate this Agreement, within seven (7) days of receipt of written notice of conflict, shall constitute the Client’s ongoing consent to the Consultant’s outside consulting services.

Indemnification. The Client shall protect, defend, indemnify and hold Consultant and its assigns and attorneys, accountants, employees, officers and directors harmless from and against all losses, liabilities, damages, judgments, claims, counterclaims, demands, actions, proceedings costs and expenses (including reasonable attorney fees) of every kind and character resulting from, relating to or arising out of (a) the inaccuracy, non-fulfilment or breach of any representation, warranty, covenant or agreement made by the Client; or (b) any legal action, including any counterclaim, based on any representation, warranty, covenant or agreement made by the Client herein; or negligence or wilful misconduct by the Client.

The obligations of the Consultant described in this Agreement consist solely of providing information and advice to the Client in the form of services. In no event shall the Consultant be required by an Agreement to represent or make management decisions for the Client. All final decisions regarding acts and omissions of the Client or any affiliates and subsidiaries shall be those of the Client or such affiliates and subsidiaries, and the Consultant shall under no circumstances be liable for any expense incurred or loss suffered by the Client due to such acts or omissions.

Fees. Our consulting fees for an 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.

Professional Advice

Recipients of a Child Care Subsidy (CCS) business plan and looking forward statements (but not limited to) should obtain professional legal and accounting advice before proceeding with any plans to establish or acquire a child care business. These documents may not contain all the information you may require before deciding to develop or buy a child care business. In preparing the business plan and looking forward statements, Early Learning Management has taken no account of the investment objectives, financial situation and particular needs of any prospective person or investor. Recipients of the business plan and looking forward statements 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 and looking forward statements.

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 centre 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 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.

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.

Responsibilities

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

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, global pandemic, 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.

You are aware of the extraordinary situation experienced, arising from the pandemic of COVID-19, declared by the World Health Organisation on March 11, 2020, and its present and future impacts, so that none of them may frame such event as justification for possible default or termination of the subscription/management agreement, claim this extraordinary situation as a fortuitous event, force greater, the fact that the prince or claims excessive burden in the context of the obligations hereunder, seeking the revision or termination of this subscription/management agreement, and hereby assume sums of any and all risks arising from such event, and immediately waive any remedies to justify the fulfilment of obligations.

Acceptance of Terms

Clients acknowledge that by signing and returning a signed copy of the management engagement, or by acknowledging via return email acceptance of the management engagement terms, they agree to be bound by these terms of engagement.

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