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, and those extra terms become part of your agreement with us if you use those Services.
The term Early Learning Management means Early Learning Management or ELM 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 and user of Early Learning Management’s Services.
By accessing or using the Website, and the content and services available via the Website, you signify that you have read, understand and agree to be bound by these Terms in all respects with respect to the Website. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use and must cease using the Website.
Changes to and Availability of the Website
The Website is made available on an “as is” basis with no representation or warranty with respect to their functionality or availability and 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 and 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 and graphics of the website. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and 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 and 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 and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and 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 website.
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 in 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 specifically 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; and remove any user content as it sees fit.
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.
Trade and Service Marks
You may not use the “Early Learning Management” or “ELM” trade names, trademarks, service marks, logos or designs, or any other mark held by ELM, in connection with any product or service that is not part of ELM nor in any manner that is likely to cause confusion. 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.
Use of this website and Early Learning Management Services are subject to Liability and Indemnity
You indemnify and hold us and our agents, affiliates, directors, officers, employees, consultants and contractors (‘Indemnified Persons’) harmless from and against any and all liability, costs, claims, losses, damages and 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:
(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 publication of, or act or omission in relation to, content posted by you on any website represented by a URL included or embedded in content posted on our website; and
(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 for 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 and 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 and 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; and
(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 AND 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.
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EARLY LEARNING MANAGEMENT PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ERRORS OR OMISSIONS IN THE WEBSITES; ANY INFORMATION MADE AVAILABLE THROUGH THEM; ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE WEBSITES OR THE INFORMATION MADE AVAILABLE THROUGH THEM; OR FOR ANY LOSS OR DAMAGES – INCLUDING CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES – THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES OR ANY INFORMATION OR MATERIALS OBTAINED BY YOU VIA OR IN CONNECTION WITH THE WEBSITES.
We will provide our Services with reasonable care and skill. Our liability to our clients is limited to losses, damages, costs and 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/.
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 and accidents in transportation, but excluding a lack of financing, cash or credit.
These Terms, as amended from time to time, including any and all documents, Web sites, rules, Terms and policies referenced herein, including but not limited to the Privacy Statement, constitutes the entire agreement between us and you with respect to your use of the Websites.
Our fees charged for the engagement will be outlined in the engagement communication. Fees will be charged at hourly rates 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 whilst the work is in progress. Our payment policy is 14 days following the invoice date unless other terms are agreed to. Unless stated otherwise, our fees, expenses and 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 and 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 specifically states otherwise. To the extent permitted by law or professional standards, we 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.
Scope and Output of the Engagement
At the commencement of a client engagement, a client will be provided with a letter or email communication (engagement communication) outlining the terms of our engagement and the 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, 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.
Acceptance of Terms
Clients acknowledge that by signing and returning a signed copy of the engagement letter, or by acknowledging via return email acceptance of the engagement terms, they agree to be bound by these terms of engagement.