terms and conditions
Universal Childcare PTY LIMITED
( ACN 107 666 624)
These terms and conditions ('Terms') apply to all services provided to any person ('Customer') by Universal Childcare Pty Limited, herein called ‘Universal Childcare’. These terms are applicable to all Universal Childcare sites :
1. Fees and Taxes
1.1 The customer must pay for Waitlist and Enrolment Fees in accordance with the fees in the Universal Childcare Fee Schedule ( unless otherwise agreed). The rates in the Fee Schedule:
a. may be varied at any time by Universal Childcare without notice; and
b. are inclusive of taxes, duties or GST ('Taxes') where applicable, unless the Cost Schedule specifies that GST or other Taxes are excluded.
Note: GST is currently not applicable to childcare fees, however should this change, GST would be added to our Fee schedule
2. Credit
2.1 Universal Childcare may grant, deny or withdraw credit to a Customer at any time in its sole discretion.
3. Payment
3.1 The Customer must pay for Waitlist and Enrolment Fees:
a. Waitlist Fees are payable by pre-payment with a Credit Card,;
b. Deposits for Enrolments are payable by pre-payment with a (Credit Card) or via a Direct Debit from your bank account;
3.2 The Customer must pay:
a. Waitlist and Enrolment Fees in accordance with the Fee Schedule;
3.3 Direct Debit Definitions for Payment of Fees
a. account means the account held at your financial institution from which we are authorised to arrange for funds to be debited.
b. agreement means this Direct Debit Request Service Agreement between you and us.
c. business day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.
d.debit day means the day that payment by you to us is due.
debit payment means a particular transaction where a debit is made.
e.direct debit request means the Direct Debit Request between us and you .
us or we means Universal Childcare Pty Ltd, the Debit User you have authorised by signing a direct debit request.
f. you means the customer who authorised the direct debit request either by signature or web acknowledgement.
your financial institution is the financial institution where you hold the account that you have authorised us to arrange to debit.
4. Failure to Pay and other Breach
4.1 If a Customer fails to pay for Fees in accordance with clause 3 or if a Customer suffers an Insolvency Event, Universal Childcare may (in its sole discretion and without limitation):
a. cancel any provision of credit to the Customer;
b. charge interest on all overdue amounts at the rate of 2% above the National Australia Bank Overdraft Base Rate;
c. take proceedings against the Customer for any outstanding amounts;
d. recover from the Customer all costs relating to any action taken by Universal Childcare to recover amounts owing for Fees, including without limitation any mercantile agency costs and legal costs on a full indemnity basis;
e. cease Enrolment on behalf of the Customer
f. exercise any other rights at law.
4.2 A Customer suffers an 'Insolvency Event' if:
a. (a) the Customer is a natural person and the Customer commits an act of bankruptcy;
b. (b) the Customer is a body corporate and the Customer:
i. cannot pay its debts as and when they fall due;
ii. enters into any arrangement with its creditors other than in the ordinary course of business;
iii. passes a resolution for administration, wind up or liquidation (other than for the purposes of re-organisation or reconstruction);
iv. a receiver, manager, liquidator or administrator is appointed to any of its property or assets; or
v. any petition is presented for the winding up of the Customer.
4.3 Universal Childcare reserves the right to withhold any discounts or rebates if the Customer fails to comply with its payment obligations.
4.4 A written statement of debt duly signed by an authorised employee of Universal Childcare shall be prima facie evidence and proof of the amount owed by the Customer to Universal Childcare.
5. Liability
5.1 The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of Universal Childcare
5.2 Universal Childcare excludes all implied conditions and warranties from these Terms, except any condition or warranty (such as conditions and warranties implied by the Trade Practices Act and equivalent Australian State acts) which cannot by law be excluded ('Non-excludable Condition').
5.3 Universal Childcare limits its liability:
a. for breach of any Non-Excludable Condition (to the extent that liability for such breach can by law be limited); and
b. for any other error or omission in caused by Universal Childcare, to (at Universal Childcare option)
5.4 Universal Childcare excludes all other liability to the Customer for any costs, expenses, losses and damages suffered or incurred by the Customer in connection with these Terms by Universal Childcare, whether that liability arises in contract, tort (including by Universal Childcare negligence) or under statute. Without limitation, Universal Childcare will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
5.5 The Customer indemnifies Universal Childcare and its officers, employees, contractors and agents (the 'Indemnified') against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Customer's breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Waitlist or Enrolment processes.
6. Privacy
6.1 Universal Childcare collects a Customer's personal information to provide services to the Customer and for invoicing purposes. Universal Childcare may disclose this personal information to its related companies, to credit reporting agencies and other third parties as part of provision of the service. Where a Customer has an overdue account, Universal Childcare may disclose personal information to debt collection agencies to recover the amount due.
6.2 Customers may gain access to their personal information by writing to the Universal Childcare Privacy Officer at privacy@universalchildcare.com.au or Level 3, 339 Military Road Mosman NSW 2088. More information about privacy and accessing personal information is in Universal Childcare privacy policy which is accessible on the Universal Childcare Website:
7. Job Application Terms and Conditions
7.1 Universal Childcare is an equal opportunity employer
7.2 All personal details submitted to Universal Childcare are securely retained for approximately 6 months from initial application. At the conclusion of this period all personal details will be destroyed securely and in accordance with standard disposal methods of confidential material
7.3 All emails and information will be stored in a protected database for privacy reasons
7.4 No personal information of any applicant will be passed to any 3rd party.
7.5 Although Universal Childcare maintains a policy of replying to all applicants wherever possible, there is no specific guarantee that this will occur.
7.6 As an employer we ensure all applicants, systems and procedures abide by the laws and principles of EEO. Our recruitment methodologies are designed around the elimination of discrimination and the ability to make subjective decisions.
7.7Universal Childcare will not be liable for any delay or failure to receive applications caused by a factor outside Universal Childcare reasonable control (including but not limited to any Act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
8. General
8.1 These Terms represent the entire agreement of the Customer and Universal Childcare in relation to Waitlist and Enrolment and cannot be varied except in writing by an authorised officer of Universal Childcare. No purchase order or other document issued by the Customer will vary these Terms.
8.2 These Terms are governed by the laws of the state of:
a. New South Wales (NSW), Australia.
Each party submits to the non-exclusive jurisdiction of the courts of the relevant State.
8.3 The Terms of this Contract shall prevail unless inconsistent with the laws of International Counties other than Australia in which case such laws shall prevail.
