ELAA Terms and Conditions

 1. Priced Resources

1.1 Pricing and Payment  

All prices are in Australian dollars and are inclusive of GST, unless otherwise indicated. Prices may be subject to change or correction at any time without notice. 

Except where otherwise stated in these terms and conditions or any applicable tax invoice, all payments are due within 14 days of receipt of a valid tax invoice from Early Learning Association Australia (ELAA).

Priced resources may differ between ELAA members and non-members i.e. members can access resources via a subscription model whereas non-members can only purchase as a one-off. Pricing is determined on our website by the user account that the individual is logged into at the time of purchase. 

ELAA members must be logged into their membership profile before purchasing to receive membership pricing. If individuals do not have the member login details for the member organisation, ask an authorised person to complete the purchase for you. 

Payment can be made with valid credit or debit cards (Visa or Mastercard only), Electronic Funds Transfer (EFT), money order or bank cheque (no personal cheques). In the case of a money order or bank cheque payment for an online order you must also provide us with a copy of the relevant application form. Payment is due prior to access to files. 

All purchases will be confirmed via email to the billing contact that was listed on the order form. This email will be a Tax Invoice with GST when you make the payment.  

1.2 Access 

Initial access upon first purchase 

Once you have completed the resource purchase process and paid for the resource subscription, you will be emailed the resource to the email address you provided within the registration form. 

Active ELAA members will have access to the files for the resource they’ve purchased via the My Membership tab on the ELAA website. 

Ongoing access under subscription 

Ongoing access to the priced resource updates will be predicated on organisations maintaining their resource subscription at the time of renewal each year. If a provider organisation opts not to renew or has their membership lapse, or ceases their subscription to the resource specifically, access to the resource documents will be removed. Should lapsed members wish to access the templates again after re-joining, they will be required to resubscribe under the subscription model at full subscription cost. 

1.3 Updates to priced resources 

Resources are reviewed periodically and/or when legislative changes occur. 

Active ELAA members with an active resource subscription will receive email notification when a resource has been updated.  All updates are recorded in the Table of Updates under the My Membership tab on the ELAA website. 

1.4 Refunds 

All purchases are non-refundable except where administrative error has occurred. Where you are responsible for the administrative error, ELAA will offer a refund less 15% (to a maximum of $40) to cover ELAA’s administration costs in relation to the refund.  It is the purchaser’s responsibility to ensure they selected the correct resource prior to completing their order. 

2. Free Resources

2.1 Access 

In order to access ELAA’s free resources, you must first register your details including: 

a. first and last name
b. position
c. service/organisation
d. email address

Once you have completed the registration process, you will be emailed the resource to the email address you provided within the registration form. You will also be able to download the files direct from the registration page after submitting the form. 

3. Resource content

The information provided within the resources are advisory in nature only. ELAA has made every effort to ensure the information within our resources is accurate and current at date of publication. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained in our resources or on any linked site within our resources. Legislation, regulation, and standards change regularly, and it is the responsibility of the approved provider to ensure the currency and accuracy of the information contained in a policy.

It is the approved service’s responsibility to tailor each resource to provider/service context, document guidelines, and the specific needs of their service ensuring the ELAA footer and disclaimer information is removed where applicable.

ELAA has made every effort to ensure that the documents are virus-free at the time of loading onto the website but cannot guarantee that the documents are virus-free. Services are advised to check the document for viruses prior to downloading. ELAA does not accept any liability for any damage or loss to the service as a result of using this document, or for any errors or omissions in the contents of the documents as a result of incompatible versions, or viruses. 

4. Professional Learning and Development

4.1 Bookings for professional development 

All bookings for ELAA professional development sessions, events and self-paced learning opportunities must be made via the ELAA website. 

4.2 Access to memberships pricing 

Priced professional development sessions, events and self-paced modules may differ between ELAA member and non-members. Pricing is determined on our website by the user account that the individual is logged into at the time of registration. 

ELAA members must be logged in to their membership profile before registering to receive membership pricing. If individuals do not have the member login details for the member organisation, ask an authorised person to register for you. Individual Group Users can be added as part of the group registration process. 

4.3 Booking/registration Confirmation 

All bookings will be confirmed via email to the booking contact that was listed on the booking form. Please retain a copy of your registration email for your records. This email will be a Tax Invoice for GST when you make payment. If a booking confirmation (and tax invoice) is not received by the booking contact within 2 business days, please contact Early Learning Association Australia via email training@elaa.org.au 

4.4 Changes to booking/registration details (live sessions) 

Requests to amend a booking (e.g. changing name of participant, changing dietary requirements) should be made in writing to training@elaa.org.au no less than 14 days prior to the live session date. Refer to Section 4. 8 Cancellation and Refund for information regarding cancelling a booking. 

4.5 Changes to registration details (self-paced modules) 

Requests to amend the registered user for self-paced modules (e.g. incorrect individual user added under group registration) should be made in writing to training@elaa.org.au. The course access expiration will still be measured from the original registration date. 

4.6 Access to self-paced modules 

Users that register for self-paced modules will have access to the module for up to four weeks from the date of registration. At the four-week mark, digital access will expire, and users will need to re-register for the self-paced modules should they wish to complete them again. 

4.7 Payment Information 

Payment must be made in order to receive your tickets, registration information or access to the self-paced module. If paying by electronic funds transfer (EFT), payment terms are 14 days and MUST be received prior to the event. If you wish to pay by an alternative method or have any questions, please contact Early Learning Association Australia via email training@elaa.org.au 

Access may not be granted until payment has been received in full. Full payment is required regardless of attendance (refer to Cancellation and Refund). 

4.8 Cancellation and Refund 

4.8.1 Cancellation or deferral of sessions 

In the event that ELAA needs to cancel, relocate or defer a session, the booking contact and participants will be contacted by email and/or phone.  A full refund or transfer to another session of the same value will be offered to the participants. 

4.8.2 Cancellation of bookings/registrations 

For live sessions, requests from participants to cancel a booking must be made in writing to training@elaa.org.au no less than 14 days prior to the session date. The booking contact will be entitled to a refund of the fee, less 25% to cover any administration costs. 

No refunds will be made to participants who withdraw within 14 days prior to the session or if the participant fails to attend the session however an alternative participant name may be submitted. 

No refunds will be made to users following the purchase of a self-paced module if they fail to access the module prior to its access expiration date (refer to 1.5 Access to self-paced modules). 

If participants do not attend, full payment of any outstanding registration fee will be required (regardless of attendance). 

No refunds will be given for those who fail to login to their membership profile prior to registering. 

4.9 Extenuating circumstances 

If a participant wishes to cancel their booking within 14 days of the session and they believe there are extenuating circumstances that warrants special consideration, they may apply to ELAA for a refund. The application must be made in writing to training@elaa.org.auand be accompanied by relevant documentation (e.g. medical certificate). An application for special consideration does not guarantee acceptance and each application will be considered on its merits by ELAA. If the application is successful, ELAA will offer a course transfer to another session of the same value or refund the fee, less 25% to cover any administration costs. 

4.10 Refund processing time 

When a session has been cancelled or a request for special consideration has been received and approved, please allow up to 14 days to process the refund. 

4.11 Outstanding Account 

ELAA members may have access to their membership profiles suspended and ability to register for further professional development sessions, events and self-paced modules deactivated if accounts are outstanding for longer than 30 days. 

ELAA will contact the billed contact to arrange payment regularly until the account is settled, or to confirm that access to their profile and further professional development is suspended. 

4.12 Loss and injury 

For face-to-face events, all delegates are advised to affect their own insurance to cover all risks including (but not limited to) costs of travel, accommodation, event fees, personal property, health and medical expenses, injury, death, and all other risks. The event host organisations and organisers will not be held liable for any claims under any circumstances. 

4.13 Program changes 

All details contained in the Learning Brought to Life professional development program and online platform may be subject to change without notice. 

4.14 Privacy Statement 

In registering for ELAA professional development events, you hereby give ELAA permission to: 

  • Provide event correspondence, announcements and promotions via email to you 
  • Incorporate relevant details into a registration list (name, position, contact details & organisation). Information may also be made available to parties directly related to Learning Brought to Life, other professional development sessions, or one-off events for marketing purposes 
  • For face-to-face events, photograph you. Photos will be used in our publications, website and any other promotional material associated with ELAA. Additionally, due to the prevalence of mobile recording devices ELAA disclaims all liability for the capture of your image by other attendees. 
  • Use or re-share any public social media content on our own social media platforms. By posting to any public social media during our events, you permit ELAA to use such media and waive your legal rights to pursue any cause of action or claim for remuneration related to such media. 
  • For live, online events, record the sessions which may include your audio, chat, poll and Q&A responses. These recordings may be utilised for creation of additional professional development opportunities. 

Audio and video recording and literal transcripts by those not given explicit permission may result in your exclusion of professional development events and sessions. 

4.15 Professional development materials 

The professional development presenter/s, sessions, events and self-paced modules may provide reference materials for your use during or after the professional development session. These may include (but are not limited to) the following: 

  • a copy of the slides 
  • sample documents, templates, or other material for use during the professional development
  • responses to questions 

All materials made available remain the copyright of the ELAA and/or the individual presenter/s. They must not be distributed to any third party at any time or in any form without written permission from the ELAA. 

Professional development materials and the subject matter included in the learning module, express the views of the relevant author(s) alone. They do not necessarily represent the views of ELAA. Subject matter and information contained in the materials and learning module are advisory in nature and do not constitute formal, professional advice. 

5. Additional Terms Specific to VECTEA Signatory Benefits and IR Advisory Packages

This clause applies to the Victorian Early Childhood Teachers and Educators Agreement 2020 (“VECTEA”) Signatory Benefits Package and the Industrial Relations (“IR”) Advisory Package, in addition to all other terms and conditions in this document.  To the extent of any inconsistency between this clause and the remainder of this document, this clause will prevail.

5.1 Eligibility

5.1.1 VECTEA Signatory Benefits Package Eligibility

Only current ELAA members, who are signatories to the VECTEA Agreement, are eligible to purchase the VECTEA Signatory Benefits Package.

5.1.2 IR Package Eligibility

Only current ELAA members are eligible to purchase the IR Advisory Package.

5.2 Benefits

5.2.1 VECTEA Signatory Benefits Package

The benefits included with the VECTEA Signatory Benefits Package (in addition to any benefits under an existing membership or package) are as follows:

  • a subscription to the IR Advisory Package with advisory hours, able to be used exclusively in relation to VECTEA assistance, IR and human resources support;
    • for single-site members: 2 advisory hours;
    • for multi-site members: 4 advisory hours;
  • comprehensive VECTEA implementation and support resources;
  • access to the ELAA back pay calculator​;
  • a VECTEA 2024 implementation kit;​
  • access to VECTEA member forums​;
  • access to ELAA implementation templates and letters;
  • access to VECTEA human resources team training upon request;​ and
  • for Early Years Management members, membership to the ELAA IR Reference Group.

5.2.2 IR Advisory Package

The benefits included with the IR Advisory Package (in addition to any benefits under an existing membership or package) are as follows:

  • 2 advisory hours, able to be used exclusively in relation to IR and human resources support;
  • advice meetings with a Member Solutions Advisor on industrial relations or human resource matters (not including matters excluded as per clause 5.2.3); and
  • work history and leave calculations for non-ADP members.

5.2.3 Excluded IR advisory support matters and services:

The IR Advisory Package does not include the provision of advice in relation to the following matters:

  • Workplace investigations (including the appointment of a workplace investigator)
  • Investigations of child-safe incidents for the Commission for Children and Young People
  • High-risk or complex employee relations matters as determined by the ELAA , this may include, and is not limited to: capacity/capability terminations/dismissal, workers compensation terminations, bullying or harassment matters, termination for serious misconduct or terminations with underlying risk (e.g., general protections)
  • Calculation of an underpayment of wages or compensation owing, or matters referred to the Fair Work Ombudsman or relevant regulatory body
  • Any other matter where legal advice or an external advisory or support service is recommended at the member’s own cost, as determined by ELAA.

The IR Advisory Package does not include the following services:

  • Face-to-face/phone meetings with employees (non-management personnel)
  • Fair Work Commission representation or response to claims, including and not limited to claims relating to general protections, unfair dismissal or matters requiring representation in a court of law or regulatory body
  • Drafting of enterprise agreements or representation in enterprise bargaining, advice on industrial action or union matters (unless otherwise determined by ELAA)
  • Liaising with a legal representative or appointed representative of an ELAA member or employee

5.3 Advisory Hours

‘Advisory hours’ refers to the amount of time that ELAA spends in providing general advisory services to you (upon your request) in relation to the specific topic that is the subject of your package.  The method in which advisory hours are used is at ELAA’s discretion, but may include:

  • advice delivered via phone or email;
  • scheduled 30-minute (or as determined) meetings (online or in-person) to discuss the relevant topic;
  • research undertaken in order to deliver tailored advice.

If you exhaust the advisory hours allocated to your package/s, additional advisory hours can be purchased separately in 2-hour blocks.

You cannot ‘opt-out’ of advisory hours in exchange for a reduced package fee.

Advisory hours are allocated on a yearly basis, beginning each year on 1 July and concluding on 30 June of the following year (unless agreed otherwise by ELAA).  Any advisory hours not utilised by you during this time period will be forfeited, regardless of the date on which you obtained your package or membership.

Advice delivered as a result of advisory hours is intended for the specific matter or query in question and should not be relied upon in relation to any other matter.

5.4 Tracking

ELAA will monitor and record the hours it spends on advisory services in relation to your package/s, using its internal customer relationship management system.  You may request an itemised record of the hours recorded under your package/s by emailing:

5.5 Payment

The package fee is calculated annually, beginning each year on 1 July and concluding on 30 June of the following year.  The fee for the first year of your package will be calculated on a pro rata basis.

In respect of the VECTEA Signatory Package only, all payments are due within 30 days of receipt of a valid invoice from ELAA.

Failure to pay for package fees will result in ELAA ceasing the provision of all package benefits.

6. Intellectual Property

Unless otherwise indicated, ELAA owns the copyright for the content in its priced and free resources. Some of the content copyright may be owned by other organisations or individuals and has been made available under a license or agreement.

All inquiries seeking permission to reproduce any part of a resource should be addressed to ELAA.

Any breach of copyright, including any unauthorised use of the material may lead to legal action.

7. Disclaimer

ELAA reserves the right to change these terms and conditions at any time without prior notice. These terms and conditions will be governed by and construed in accordance with the laws of the state of Victoria, Australia and the parties submit to the jurisdiction of the courts of that state.