Provider Terms and Conditions
Last updated: November 2026 · Version 1.0
These Provider Terms and Conditions govern the supply of Nurtra, an enrolment CRM for early learning and childcare services, by Nurtra Pty Ltd (ABN 58 701 543 008) ("Nurtra", "we", "us" or "our") to the business that creates a Nurtra account, accepts a Quote or signs an Order Form ("Provider", "you" or "your").
By creating an account, selecting a plan or signing an Order Form, you agree to be bound by these terms.
1. Definitions and interpretation
1.1 In these terms:
Agreement means the Commercial Terms, these Provider Terms and Conditions, the End User Terms in Schedule 1, and any schedules or annexures attached to them.
Business Day means a day on which banks are open for general business in New South Wales, other than a Saturday, Sunday or public holiday.
Commercial Terms means the plan you select when you sign up through the Platform, or any Order Form or Quote we issue and you accept, setting out your plan, Service Fees, Term and any Special Conditions.
Commencement Date means the date your account is first provisioned, or any other start date set out in the Commercial Terms.
Confidential Information means information of a commercial, technical, operational or financial nature disclosed by one party to the other in connection with this Agreement that is marked confidential or would reasonably be understood to be confidential, but excludes information that is or becomes public other than through a breach of this Agreement, was lawfully known to the recipient beforehand, or is independently developed by the recipient.
Consequential Loss means any indirect or consequential loss, loss of profit, revenue, business, goodwill, opportunity or anticipated savings, or loss or corruption of data (other than loss or corruption of Provider Data directly caused by our breach of clause 6).
Family Data means personal information about parents, guardians, children and other prospective or current families that you or your Users enter into, import into, or collect through the Platform, including through lead forms, waitlist forms, tour bookings, chat and correspondence.
Free Plan means any plan offered at no charge, as described on the Site from time to time.
Messaging Charges means fees for SMS, MMS, virtual numbers and other third-party messaging services used through the Platform, at the rates published on the Site or set out in the Commercial Terms.
Nurtra Content means the Platform, the Software, and all templates, pre-built pipelines, automations, forms, email and SMS templates, guides and other materials we make available to you.
Platform means the Nurtra Software, the Site, and any associated applications, widgets, tracking codes, integrations and portals we make available.
Privacy Laws means the Privacy Act 1988 (Cth), the Australian Privacy Principles, and any other applicable privacy or data protection law.
Provider Data means all data and materials that you or your Users enter into, upload to, import into or collect through the Platform, including Family Data.
Security Incident means any actual or reasonably suspected unauthorised access to, disclosure of, or loss of Provider Data held by us.
Service Fees means the fees payable for your plan as set out in the Commercial Terms or, if none are set out, on the Site.
Services means access to and use of the Platform under your selected plan, together with any onboarding, migration, training or support services set out in the Commercial Terms.
Site means https://nurtra.ai.
Software means the Nurtra enrolment CRM software provided as a service, including lead management, pipeline, tour scheduling, waitlist, correspondence, marketing and reporting features.
Special Conditions means any special conditions set out in the Commercial Terms.
Term means the term described in clause 3.
Third-Party Services means products or services not provided by us, including calendar, website, messaging, payment and childcare management platforms that connect with the Platform.
User means any individual you authorise to access the Platform under your account, including your employees and contractors.
1.2 If there is any inconsistency, the following order of priority applies: (a) Special Conditions; (b) Commercial Terms; (c) these Provider Terms and Conditions; (d) the End User Terms.
1.3 Including and similar expressions are not words of limitation. A reference to a law includes any amendment or replacement of it.
2. The Services
2.1 We will supply the Services to you for the Term on the terms of this Agreement.
2.2 We will provide the Services with due care and skill and in compliance with applicable laws, including Privacy Laws.
2.3 The features, user limits, contact limits and sending limits of each plan are as described on the Site or in the Commercial Terms. We are not required to provide anything not included in your plan.
2.4 Any timeframe we give for onboarding, migration or other services is an estimate only, unless the Commercial Terms state otherwise.
2.5 We may update, add to or change the Platform from time to time. We will not make a change that materially reduces the core functionality of a paid plan during a paid Term without giving you at least 30 days' notice, in which case you may terminate under clause 12.1 before the change takes effect.
2.6 The Free Plan is provided on an "as available" basis. We may change the limits or features of the Free Plan, or discontinue it, on 30 days' notice.
3. Term
3.1 This Agreement starts on the Commencement Date.
3.2 Unless the Commercial Terms specify a fixed term, your plan is a rolling monthly subscription that continues until terminated under clause 12.
3.3 If the Commercial Terms specify a fixed initial term, this Agreement continues for that initial term and then renews automatically for successive renewal terms of the same length (or as set out in the Commercial Terms), unless either party gives at least 30 days' written notice before the end of the current term that it does not wish to renew.
4. Fees and payment
4.1 You must pay the Service Fees for your plan, and any Messaging Charges and other fees set out in the Commercial Terms.
4.2 Unless stated otherwise, Service Fees are exclusive of GST. Where GST applies, you must also pay the GST on receipt of a valid tax invoice.
4.3 Service Fees are billed monthly in advance (or annually in advance, if you select annual billing) from the date your plan is provisioned. Messaging Charges are billed in arrears.
4.4 We will collect payment by direct debit or card using the payment details you provide. If a payment fails, we may retry it. If payment remains outstanding 5 Business Days after we notify you in writing, we may suspend your access to paid features until the amount is paid.
4.5 If you dispute an invoice in good faith, you must notify us in writing within 10 Business Days of the invoice date, setting out the reasons. You must pay any undisputed amount by the due date, and the parties will work in good faith to resolve the dispute.
4.6 We may charge interest on overdue undisputed amounts at 10% per annum (or the maximum rate permitted by law, if lower), calculated daily, together with our reasonable costs of recovery.
4.7 We may change the Service Fees for a monthly subscription on at least 30 days' notice. For a fixed term, we may change the Service Fees only from the start of a renewal term, on at least 90 days' notice. If you do not accept a fee change, you may terminate before it takes effect without penalty.
4.8 You may upgrade your plan, or add centres, Users or features, at any time; the additional fees will be pro-rated for the current billing period. Downgrades take effect from the start of the next billing period or, for a fixed term, at the end of that term.
4.9 Service Fees are non-refundable except as required by law or as expressly stated in this Agreement.
5. Your obligations
5.1 You must provide accurate account, billing and centre information, and keep it up to date.
5.2 You are responsible for your Users and for all activity under your account. You must ensure your Users comply with this Agreement and the End User Terms, keep login details secure, and remove a User's access within 2 Business Days after they stop working for you or are no longer authorised.
5.3 You are responsible for the devices, internet access, websites and other systems you use with the Platform, including installing any Nurtra tracking codes, forms or chat widgets on your website.
5.4 You warrant that you have authority to enter into this Agreement and will comply with all laws applicable to your use of the Services.
5.5 Collection of Family Data. You are responsible for collecting Family Data lawfully. In particular, you must:
(a) have a privacy policy and collection notice that complies with Privacy Laws and tells families that their information will be handled by your service providers, including Nurtra;
(b) obtain any consent required by Privacy Laws, including for sensitive information such as health information, cultural background, or Aboriginal or Torres Strait Islander status where you use it to prioritise waitlist offers; and
(c) only enter or import Family Data that you are entitled to use.
5.6 Marketing communications. You are the sender of all emails and SMS messages sent from your account. You must comply with the Spam Act 2003 (Cth) and other applicable laws, including by only sending commercial messages to people who have consented, identifying your service as the sender, and honouring unsubscribe requests. We may suspend messaging features if we reasonably believe your messages breach the law or these terms, or put our sending reputation at risk.
5.7 Website tracking. Where you install Nurtra tracking codes, forms or chat widgets on your website, you are responsible for any cookie and privacy disclosures required for your website visitors.
6. Data, privacy and security
6.1 As between the parties, you own Provider Data. We handle Provider Data on your behalf to provide the Services.
6.2 We will only use Provider Data to provide, support, secure and maintain the Services, to comply with law, and as otherwise directed by you. We do not sell Family Data, and we do not use Family Data for our own marketing or advertising. We may create aggregated, de-identified data that does not identify you, your services or any individual, and use it to improve the Platform and for reporting.
6.3 We will handle personal information in accordance with Privacy Laws and our Privacy Policy, available on the Site.
6.4 We will maintain reasonable technical and organisational measures designed to protect Provider Data against unauthorised access, use, disclosure, loss and modification.
6.5 If we become aware of a Security Incident affecting Provider Data, we will notify you without undue delay and in any event within 5 Business Days, provide the information you reasonably request, take reasonable steps to contain and remediate it, and cooperate with you in relation to any assessment or notification required under the Notifiable Data Breaches scheme.
6.6 We may use third-party service providers (such as hosting, email and SMS providers) to provide the Services. We remain responsible for their handling of Provider Data in connection with the Services.
6.7 During the Term you may export Provider Data using the export functions available in the Platform. For 90 days after this Agreement ends, you may request an export of your Provider Data in a format reasonably available to us. After that period, we may permanently delete Provider Data, except to the extent we are required by law to retain it.
7. Third-Party Services and integrations
7.1 The Platform may connect with Third-Party Services, such as calendar applications, website platforms, messaging providers and childcare management software (including OWNA).
7.2 Your use of a Third-Party Service is subject to that provider's terms. We are not responsible for the availability, performance, changes to, or acts or omissions of any Third-Party Service, and a disruption caused by a Third-Party Service is not a breach of this Agreement by us. We will use reasonable efforts to restore an affected integration where it is within our control.
8. Onboarding and data migration
8.1 Where the Commercial Terms include onboarding or migration from another system, you must provide a complete export of the relevant data in a format reasonably requested by us, and any information we reasonably need.
8.2 We will use reasonable efforts to import that data accurately. You are responsible for reviewing imported data and telling us of any issues promptly. We are not responsible for errors, gaps or duplicates in the source data.
9. Intellectual property
9.1 We (or our licensors) own all intellectual property rights in the Nurtra Content, including any improvements or modifications to it. Nothing in this Agreement transfers those rights to you.
9.2 You own the intellectual property rights in Provider Data and in your own content, logos and materials. Nothing in this Agreement transfers those rights to us.
9.3 You grant us a non-exclusive, royalty-free licence to use Provider Data for the Term (and for any post-termination period under clause 6.7) for the purposes set out in clause 6.2.
9.4 We grant you a non-exclusive, non-transferable licence for you and your Users to use the Platform and Nurtra Content during the Term for your internal business purposes, in accordance with this Agreement.
9.5 If you give us feedback or suggestions about the Platform, we may use them without restriction or payment.
10. Confidentiality
10.1 Each party must keep the other party's Confidential Information confidential, use it only for the purposes of this Agreement, and protect it from unauthorised disclosure.
10.2 A party may disclose Confidential Information to its personnel, advisers, auditors and service providers who need to know it for the purposes of this Agreement and are bound by equivalent obligations of confidence, or where required by law (giving the other party prior notice where lawful).
11. Warranties and liability
11.1 Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term implied or imposed by the Competition and Consumer Act 2010 (Cth) or other law that cannot lawfully be excluded (Non-Excludable Rights). To the extent permitted by law, our liability for breach of a Non-Excludable Right is limited, at our option, to resupplying the Services or paying the cost of having them resupplied.
11.2 Except as expressly stated in this Agreement, the Platform is provided on an "as is" and "as available" basis. We do not warrant that the Platform will be uninterrupted or error-free, and we do not guarantee any particular uptime unless stated in the Commercial Terms.
11.3 To the extent permitted by law, neither party is liable to the other for any Consequential Loss arising out of or in connection with this Agreement, however caused.
11.4 To the extent permitted by law, our total aggregate liability arising out of or in connection with this Agreement is limited to the Service Fees paid by you in the 12 months before the event giving rise to the claim.
11.5 Clauses 11.3 and 11.4 do not limit your obligation to pay fees, or either party's liability for fraud or wilful misconduct.
11.6 You indemnify us against any loss, claim or cost arising from a third-party claim that Provider Data, or your collection, use or communication of it (including messages sent from your account), breaches any law or the rights of any person, except to the extent caused by our breach of this Agreement.
11.7 Each party's liability is reduced to the extent the other party caused or contributed to the relevant loss.
12. Suspension and termination
12.1 Either party may terminate a monthly subscription for convenience by giving at least 30 days' written notice. You may give notice through your account settings or by email to us.
12.2 Either party may terminate this Agreement immediately by written notice if the other party:
(a) breaches a material term and, if the breach can be remedied, fails to remedy it within 10 Business Days after written notice; or
(b) becomes insolvent, enters administration or liquidation, or has a receiver or similar officer appointed.
12.3 We may terminate this Agreement by written notice if you fail to pay an undisputed amount within 10 Business Days after written notice.
12.4 We may suspend access to all or part of the Platform immediately if reasonably necessary to protect the security or integrity of the Platform, to prevent unlawful activity, or to comply with law. We will notify you as soon as practicable and restore access once the issue is resolved.
12.5 On termination: (a) all fees accrued up to the termination date become payable; (b) your and your Users' access to the Platform ends; (c) clause 6.7 applies to your Provider Data; and (d) each party must return or destroy the other's Confidential Information on request, except as required by law.
12.6 Clauses 4, 6, 9, 10, 11, 12.5 and 15 survive termination.
13. Changes to these terms
13.1 We may update these terms from time to time by publishing an updated version on the Site. For paid plans, we will give at least 30 days' notice of any material change by email or through the Platform.
13.2 If a material change adversely affects you, you may terminate before the change takes effect without penalty. For a fixed term, a material adverse change will not apply to you until the start of your next renewal term unless you agree.
14. Force majeure
Neither party is liable for any delay or failure to perform its obligations (other than an obligation to pay money) to the extent caused by an event beyond its reasonable control. The affected party must notify the other and use reasonable efforts to minimise the impact. If the event prevents us from providing the Services for more than 30 consecutive days, either party may terminate on written notice.
15. General
15.1 This Agreement is the entire agreement between the parties about its subject matter and supersedes all prior discussions and arrangements.
15.2 You may not assign or transfer this Agreement without our prior written consent. We may assign or transfer this Agreement to a related body corporate, or to a purchaser of all or part of the Nurtra business, on notice to you.
15.3 Notices must be in writing and may be sent by email to the address you have nominated for your account (for notices to you) or to the contact email below (for notices to us). An email is taken to be received when it is sent, unless the sender receives a notice that it was not delivered.
15.4 If any provision of this Agreement is unenforceable, it is severed to that extent without affecting the rest of this Agreement.
15.5 A waiver must be in writing. Failing or delaying to exercise a right is not a waiver.
15.6 Nothing in this Agreement creates a partnership, joint venture, agency or employment relationship.
15.7 This Agreement is governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of its courts.
Schedule 1 – End User Terms
These End User Terms apply to every individual who accesses Nurtra as a User under a Provider's account ("you").
1. Access. Your access is provided by your organisation (the Provider) under its agreement with Nurtra Pty Ltd (ABN 58 701 543 008) ("Nurtra"). Your organisation controls your account and may change or remove your access at any time. By logging in, you agree to these End User Terms.
2. Account security. You must keep your login details confidential, must not share your account, and must tell your organisation or us immediately if you suspect unauthorised use.
3. Acceptable use. You must only use the Platform for your organisation's legitimate business purposes and in accordance with the law. You must not:
(a) access information you are not authorised to access, or use Family Data for any purpose other than your organisation's enquiry, tour, waitlist and enrolment activities;
(b) send unsolicited, misleading, abusive or unlawful messages;
(c) upload malicious code, interfere with or disrupt the Platform, or attempt to gain unauthorised access to it;
(d) copy, reverse engineer, decompile, resell or create derivative works of the Platform, or access it using automated tools without our consent; or
(e) perform penetration or load testing on the Platform without our written consent.
4. Privacy. We handle personal information about you in accordance with our Privacy Policy. You must handle Family Data in accordance with your organisation's policies and Privacy Laws.
5. Intellectual property. The Platform and Nurtra Content remain our property. You receive only a limited, revocable licence to use them while your organisation's account is active and you are authorised to use it.
6. Liability. To the extent permitted by law, and subject to any rights you have under the Australian Consumer Law, the Platform is provided "as is" and we are not liable to you for any loss arising from your use of it.
7. Suspension. We may suspend or terminate your access if you breach these End User Terms or if your organisation's agreement with us ends.
8. Governing law. These End User Terms are governed by the laws of New South Wales, Australia.
Contact
Questions about these terms can be sent to support@owna.com.au.