Legal
Terms and Services
Effective Date: 10 June 2025
These Terms and Services govern your relationship with Early Learning Management Pty Ltd (ABN 69 620 819 785) (“ELM”, “we”, “our”). They apply to the use of all ELM products, platforms, websites, applications, and any related services we offer. By accessing or using our services, you agree to be bound by these Terms.
1. Overview of Services
ELM delivers management, advisory, compliance, operational, payroll, financial, and digital support services to clients operating within the Australian early childhood education sector. Our services may be delivered under a monthly retainer or as separate, additional engagements. Nothing in these Terms is intended to exclude, restrict, or modify any rights you may have under the Competition and Consumer Act 2010 (Cth) or any applicable state or territory fair trading legislation. These rights are in addition to any rights you may have under this agreement.
2. Acceptance of Terms
By using any of our services, websites, or applications, you acknowledge and agree to these Terms. If you do not agree, you must not use our services.
3. Changes to These Terms
We may revise these Terms from time to time. The most current version will be posted at elm.net.au. Continued use of our services after changes become effective constitutes acceptance.
4. Scope and Pricing of Services
Our standard management agreement includes:
- Payroll processing (standard pay cycles)
- Monthly management accounts and BAS lodgement
- Compliance and risk oversight
- Operational advice and strategic support
Services not included in the standard agreement and charged separately include:
- Additional payroll runs
- BAS amendments due to client error
- Urgent or expedited services (under 48 hours notice)
- Audit preparation and regulatory reviews
- Exit mapping and system transition support
- Custom reporting or financial modelling
Annual fee adjustments are indexed at 4 percent unless otherwise agreed. Any significant changes will be communicated with at least 30 days written notice.
In addition to CPI-based adjustments, ELM reserves the right to review and revise its fee schedule annually in response to significant changes in the regulatory or compliance landscape. This may include, but is not limited to, changes to staff-to-child ratios, qualification mandates, or statutory operational requirements. Where such changes materially increase the cost of delivering services, ELM may adjust fees beyond standard CPI, with appropriate notice provided.
Payments are due as specified in your Management Agreement. Refunds are not guaranteed and will be considered at ELM's discretion, taking into account the circumstances and nature of the services provided.
5. Relationship to Your Management Agreement
If you are a client who has entered into a signed Management Agreement with us, please note that the terms of that agreement take precedence. These Terms and Services are here to give you a general sense of how we operate. But if there is a difference between what is written here and what is in your Management Agreement, the agreement takes precedence. That document outlines the specific services we have agreed to provide, how we work together, the fees, and how we will handle things like compliance, data, transitions, and any issues that may arise.
Where your engagement with ELM includes access to an Approved Provider Licence held by iChildcare Management Pty Ltd, the terms governing this arrangement are detailed in a separate deed titled Schedule 4 - Approved Provider Services Agreement. This document outlines rights, obligations, termination triggers, and compliance conditions specific to the use of our Approved Provider status. If applicable to your service, this agreement will be executed alongside your Management Agreement and governs your use of regulatory licensing under ELM's stewardship.
6. Intellectual Property and Content
All trademarks, service marks, and content on our platforms are owned by ELM or its licensors. You may not use, copy, reproduce, or distribute our content without our written permission.
Use of KPI Dashboard
The KPI Dashboard is provided as part of our digital service offering to authorised clients. Access is granted under active service agreements and is governed by these Terms. All data presented within the dashboard is intended for operational insight and reporting purposes. Users must not extract, distribute, or rely on KPI data for purposes outside the scope of their engagement with ELM without prior written consent.
7. Use of Digital Tools
Clients accessing ELM tools (e.g., LMS, KPI Dashboard, Forecasting App) agree not to:
- Share login details or allow unauthorised access
- Copy, modify or reverse engineer our software
- Use tools outside the licensed scope
We reserve the right to suspend access for misuse.
8. Data and Privacy
We respect your privacy. Personal data is processed in accordance with our Privacy Policy. Where you input personal data of others (e.g., employees), you confirm you have appropriate authority to do so.
We may aggregate and anonymise data to improve our services and identify trends. In the event of a data breach, we will notify affected parties in accordance with Australian law.
9. Third-Party Sites
Our website may contain links to third-party sites. We are not responsible for their content or practices. Access at your own discretion.
10. Limitation of Liability
To the fullest extent permitted by law, ELM is not liable for indirect, incidental, or consequential losses, including loss of revenue or data. Our liability is limited to the amount paid by you for the relevant service in the past 90 days.
11. Termination
You may terminate your agreement with 30 days notice. Upon termination, transition support may be offered at additional cost. We reserve the right to suspend or terminate services in the case of breach or misuse.
12. Payment Terms
Invoices are payable within 7 days. Late payments may incur interest at the RBA Cash Rate plus 6%. We reserve the right to suspend services for non-payment.
13. Contact
For questions or support, contact: info@elm.net.au
PO Box 6309, Gold Coast MC
Bundall QLD 9726
Website Disclaimer
While Early Learning Management has taken all reasonable care in producing the information contained on this site or any of its other websites, we do not promise it contains all the information you need to answer all your questions. Every reasonable effort has been taken in the preparation of this website to ensure the accuracy of its contents; however, no warranty is given. All products, terms, conditions and other information are subject to change at any time without notice.
Any person relying on, or wishing to act upon, the material provided in this website should first get in touch with an adviser from Early Learning Management for tailored professional advice that will take into account their individual circumstances.
Links from Early Learning Management to third-party sites do not constitute an endorsement by Early Learning Management of the parties or their products and services. The appearance of advertisements and product or service information on this website does not constitute an endorsement by Early Learning Management, and Early Learning Management has not investigated the claims made by any advertiser. Product information is based solely on material received from suppliers.
Email Disclaimer
This message is intended only for use of the individual or entity named above and may contain information that is confidential and privileged. If you are not the intended recipient, you are hereby notified any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and destroy the original message. It is the addressee's duty to virus scan and otherwise test the information provided before loading onto any computer system. Early Learning Management does not warrant that the information is free of a virus or any other defect or error.