1.1 What these terms cover. These are the terms and conditions on which we supply our Toddler Sense classes (“Classes”) and general services (“Services”) to you as a consumer.
1.2 Who we are. We are Toddler Sense Jersey.
1.3 How to contact us. You can contact your Class Leader and Franchisee using the relevant contact details which can be found here:
firstname.lastname@example.org or via www.toddlersense.je
1.4 Definitions. The following definitions and interpretations shall apply throughout these terms:
1.4.1 “Class Leader” shall mean the Franchisee, or another member of staff designated by them as being responsible for providing our Services to you from time to time;
1.4.2 “Franchisee” means a franchised business independently owned and operated by a franchisee under licence from Baby Sensory Limited trading as Toddler Sense.
1.4.3 “we”, “us”, “our” or “Toddler Sense Jersey” means Baby Sensory Limited trading as Toddler Sense or a Franchisee as may be the case from time to time.
1.4.4 “Classes” shall be deemed to be included within the “Services”; and
1.4.5 When we use the words “writing” or “written” in these terms, this includes emails.
1.4.6 When we use the word “Special” we are referring to a one off session for example Christmas, Halloween or Easter themed classes.
1.4.7 When we use the word ‘Term’ we are referring to the ten week term for which you have signed up to. This may be Autumn, Winter or Spring.
OUR CONTRACT WITH YOU
2.1 Toddler Sense’s Services will be provided to you by one of our Franchisees, and your order (and any Contract formed as a result) shall be between you and the relevant Franchisee who is licenced to provide our Services.
2.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us (the “Contract”). Meaning that you have now accepted the terms and conditions of Toddler Sense Jersey.
2.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this (including why we cannot accept your order), and will not charge you for the Services.
2.4 Intellectual property rights belong to us. All intellectual property rights in our Classes or any other Services, including any materials provided to you in our provision of the same belongs to us or our third party licensors. Unless otherwise permitted by these terms, you must not permit any other person to use or benefit from any materials or information provided to you in the course of us providing you with our Services.
2.5 Photography and media use. Parents or carers are welcome to take photograph and videos of their child throughout any of our Classes but must not share these on social media or with their friends and family if there are other adults and babies in the photograph or video, that have not given permission to be filmed or photographed. However, this is at the sole discretion of the Class Leader, who may withdraw this right at any time where a parent or Carer is acting unreasonably (for example, preventing or delaying us providing the Class, taking excessive amounts of photos, videoing whole segments of our Classes, or taking photos or videos of other children without their parent’s permission).
3.1 Services may vary slightly from their description on the UK website.
3.2 You confirm that you and your child are able to take part in our Classes. By placing an order or attending a Class, you agree that both you and any child under your care or supervision are able to take part in our Classes or any other Services which you order from us, and that it would not be harmful to either you or your child’s health, safety, comfort or physical condition to do so. Please note that any child attending the class is the responsibility of the adult who is also attending. The class leader or franchisee holds no responsibility for either parent, carer or baby. We will also not be liable for any loss, injury, damage or illness which may occur as a direct response to attending a class.
3.3 You and your child use our Services at your own risk. You and any child for which you are responsible use our Services and attend our Classes at your own risk and you are responsible for supervising any child in your care at all times (including during Classes). As long as we have provided the Services with reasonable skill and care, we will not be liable to you for any loss, damage or injury suffered by you or a child for whom you are responsible as a consequence of you not following our instructions during the provision of our Classes or Services.
3.4 You shall not allow your child to attend a Class if they are ill. You must not bring your child to a class in the following circumstances:
3.4.1 they have had a fever or a cough within the 14 days prior to the Class;
3.4.2 they have had an upset stomach or diarrhoea in the 48 hours prior to the Class;
3.4.3 they have heavy nasal discharge;
3.4.4 they have discharging eyes; or
3.4.5 they have symptoms of a possible communicable disease, including, but not limited to, Covid-19, measles, chicken pox, German measles, whooping cough, impetigo, scarlet fever, hand foot and mouth disease or norovirus.
3.5 You must comply with our policies and procedures. You must comply with, and ensure that your child complies with, any policies and procedures which we communicate to you from time to time in relation to the Services. This may include (but shall not be limited to) policies in relation to health and safety.
PROVIDING THE SERVICES
4.1 Services may vary from time to time. Our Services (including the timetables for, and the content of, our Classes) will be as set out on our website www.toddlersense.je Timetables are subject to change during the term with notice of changes provided ahead of the revised schedule where ever possible.
4.2 Classes are purchased as a ‘Term’ and not individually unless purchasing a one off Special session, for example Christmas or Pay As You Go spaces announced the week prior to a class.
4.3 When you purchase Special sessions individually. Each session will be provided on the date stated in our acceptance of your order.
4.4 When you purchase a Term of Classes. Your Term will commence on the date of the first Class. Term dates are available on www.toddlersense.je. We will supply our Services to you until the Services are completed and your Term expires.
4.5 We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay. These steps are at our absolute discretion but by way of example may include offering rescheduled dates for the Classes or moving our classes online for you to access at home.
4.6 If you do not allow us to provide Services. If you miss a Class then we are unable to provide a refund for any Services which you paid for but did not receive.
4.7 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you, for example, the names of any children attending our Classes, existing medical conditions, and any immunisations given to your child. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
4.8 Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency.
4.9 Your rights if we withdraw the supply of Services. We will contact you (where possible) at least 7 days in advance to tell you we will be withdrawing the supply of Services in your territory, and will inform you if there is an alternative Class Leader who can provide the Services to you.
If the classes are cancelled due to circumstances beyond our control then where possible they will continue online and no refunds will be given.
If we withdraw the Services and we cannot provide an alternative Class Leader, we will cancel the Contract and refund any sums you have paid in advance for Services which will not be provided.
4.10 We may also suspend supply of the Services if you do not pay. If you do not pay us for the Services upon registering your child for the class then a place will not be held for you. A place in class is only secure when full payment has been made for the term and you have received a confirmation email. Parents, Carers and baby will not be able to attend class until payment has been made.
OUR CLASS TRANSFER & CANCELLATION POLICY
5.1 We may allow you to transfer your Class place to another person, or to cancel your Class place. Subject to the remaining terms of this clause 5, we may allow you to transfer or cancel your Class, or any Class within a ‘Term’, but this remains at our absolute discretion at all times.
5.2 No automatic right to a refund. Unless the franchisee or Class Leader is able to fill the place that you have reserved then a refund cannot be given.
5.3 If you wish to transfer your Class place. If you wish to transfer your Class place, you must contact your Class Leader no less than 3 days prior to the date of the relevant Class. Your Class Leader will then do their best to transfer you to another class however if classes are full then this cannot be guaranteed.
5.4 Effect of transferring your Class place. Once the Recipient has placed an order, and this has been accepted by us, and you will no longer be eligible to attend the relevant Class. Once accepted by us, the transfer of your place is irrevocable.
5.6 If you wish to cancel your place on any Class. If you wish to cancel your Class place (either for a specific Class, or for all remaining Classes in a Term), you must contact your Class Leader:
5.6.1 in the case of illness – as soon as practicable; or
5.6.2 in any other case – not less than 7 days before the date of the relevant Class.
5.7 We may re-sell your place when you cancel. Where you cancel your Class place, we may at our absolute discretion try to sell your Class place to another customer. Where we are successful in doing so, we shall refund you for the Class which you have cancelled. A refund in any other circumstances where you cancel a Class shall not be given.
YOUR RIGHTS TO END THE CONTRACT
6.1 Ending the Contract without good reason. You may end the Contract between us and you at any time for any reason by giving us notice in writing. Where you give us notice that you would like to end the Contract, this will be with immediate effect unless you have stated otherwise in your notice to us. When you cancel under this clause you will not be entitled to a refund of any payments you have made in respect of the Services, whether such Services have been received or not, and you may have to pay us an administration fee, to cover the costs we will incur as a result of your ending the Contract.
OUR RIGHTS TO END THE CONTRACT
7.1 We may end the Contract if you break it. We may end the Contract for our Services at any time by writing to you if you do not make any payment to us when it is due or if you commit a serious breach (or repeated breaches) of these terms.
7.2 You must pay our admin costs if you break the Contract. If we end the Contract in the situations set out in clause 7.1 we may deduct or charge you the reasonable administration costs we will incur as a result of your breaking the Contract (such as for any materials we have procured to provide the Services to you).
OUR RIGHTS TO MAKE CHANGES
8.1 Minor changes to the Services. We may change the Services to implement minor adjustments and improvements to respond to customer needs or to remain competitive, for example to address a health and safety concern.
8.2 More significant changes to the Services and these terms. In addition, we may make more significant changes to these terms or the Services, but if we do so we will notify you in advance of these.
PRICE AND PAYMENT
9.1 Where to find the price for the Services. The price of the Services (which includes GST where applicable) will be the price indicated on our website www.toddlersense.je
We reserve the right to change the price from ‘term’ to ‘term’ inline with cost of living or to cover increased running costs.
9.2 When you must pay and how you must pay. We will inform you of what payment methods we can accept and when you must pay for the Services at the time of placing your order. Your payment will be held securely and will not be processed until we accept your order. Payment for our Services must have been made in full as agreed between you and us before we provide any of our Services to you.
9.3 We may offer credit facilities. We may offer credit terms in relation to our Services, but this shall remain at the sole and absolute discretion of the Franchisee at all times.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. For the avoidance of doubt, provided that we have performed our Services with reasonable skill and care and we have not breached the Contract, we will not be liable to you for any loss or damage you suffer as a result of attending our Classes (save where such an exclusion is prohibited by law).
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive Services which are as described and supplied with reasonable skill and care.
10.3 We are not liable for your property. Please note that your property and belongings which you or your child bring to a Class are your responsibility and we shall not be responsible for any loss of, or damage to, such property.
10.4 We are not liable for business losses. These terms cover the supply of Services to you as a consumer. If you use the Services covered by the Contract and these terms, or any materials provided in their delivery for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not liable for any loss, damage, or injury recieved whilst using equipment purchased from Toddler Sense Jersey. All equipment must be used under adult supervision.
HOW WE MAY USE YOUR PERSONAL INFORMATION
OTHER IMPORTANT TERMS
11.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations (in full or in part) under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Services not provided.
11.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms if we agree to this in writing.
11.3 Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these terms.
11.4 If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
11.6 Which laws apply to this Contract and where you may bring legal proceedings. These terms are governed by Jersey Law and you can bring legal proceedings in respect of the Services in the Jersey courts.
Due to the ongoing COVID-19 situation the following measures remain in place during the sessions to ensure your well being and safety.
- Hand sanitiser will be available in class and you will be encouraged to wash your hands before the session and sanitise on the way out.
- Play equipment and props will be cleaned, where possible, between sessions.
- Shoes will need to be removed before you enter class and clean socks must be worn.
- There are toilets in our hall for you to use if necessary, however we ask that you wipe down the seat and handle before and after use with the antibacterial wipes provided.
- We also have baby changing facilities available but we encourage you to bring your own change mat (or wipe down the one which is provided with antibacterial wipes) and dirty nappies must be taken home with you.
If you, your child or someone from your immediate household shows any symptoms of COVID 19 we ask you not to attend class and take a Lateral Flow Test or PCR test and, if positive, follow the necessary isolation period.
Classes are non refundable, should you wish to change the time of your session we will facilitate this for you if possible. We do not allow transfers to take place from one term to the next.