CARLY BUDD DEVELOPMENTAL PLAY ACADEMY® TERMS AND CONDITIONS
CLAUSE
1. About us
2. Our contract with you
3. Placing an order and its acceptance
4. Our services
5. Your obligations
6. Charges
7. How to pay
8. Intellectual property rights
9. How we may use your personal information
10. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
11. Confidentiality
12. Events outside our control
13. Communications between us
14. General
AGREED TERMS
Your attention is particularly drawn to the provisions of clause 13 (Limitation of liability).
1. About us
1.1 Company Details. Carly Budd Developmental Play Academy is a company registered in England and Wales and our registered office is at Carly Budd, Developmental Play Academy, Green Lane, Aldham, Essex CO6 3PR We operate the website www.carlybudd.co.uk
1.2 Contacting us. To contact us telephone 07794 397352 or e-mail [email protected]. How to give us formal notice of any matter under the Contract is set out in clause 14.2.
1.3 Professional indemnity insurance. We maintain professional liability insurance. Our compulsory insurer is Westminster Insurance, and our policy number is 79002.
2. Our contract with you
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Lifetime Access to the course contents. Access to the courses for which payment has been made will be available for the entire duration of the Developmental Play Academy's existence. In the event of the academy's closure, a 90-day written notice will be provided to enrolled students, allowing them sufficient time to complete and download the study guide and accompanying documents.
3. Placing an order and its acceptance
3.1 Placing your order. Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on the site. Each order is an offer by you to buy the online training services specified in the order (Services) subject to these Terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 Acknowledging receipt of your order. After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.4 Accepting your order. Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.
3.5 If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.
4. Our services
4.1 Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
4.2 Compliance with specification. Subject to our right to amend the specification (see clause 5.3) we will supply the Services to you in accordance with the specification for the Services appearing on our website at the date of your order in all material respects.
4.3 Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
4.4 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
4.5 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
5. Your obligations
5.1 It is your responsibility to ensure that:
(a) the terms of your order are complete and accurate;
(b) you co-operate with us in all matters relating to the Services;
(c) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(d) you obtain and maintain all necessary licences, permissions, consents and applicable insurances which may be required for the Services before the date on which the Services are to start;
(e) you comply with all applicable laws, including health and safety laws;
5.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 (Your Default):
(a) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
(b) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
6. Charges
6.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 7.
6.2 The Charges are the prices quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause Error! Reference source not found. for what happens if we discover an error in the price of the Services you ordered.
6.4 Our Charges may change from time to time, but changes will not affect any order you have already placed.
6.5 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
7. How to pay
7.1 Payment for the Services is in advance. We will take your payment upon acceptance of your order.
7.2 You can pay for the Services using a debit card or credit card via Stripe Payment system.
7.3 We shall each pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
7.4 Payment Plan Instalment. If we have agreed that you can pay for any products or services by instalment, you agree that in the event that you do not complete the payments, or if an instalment is late, Carly Budd Developmental Play Academy can demand payment of the outstanding balance which will become payable as a debt and/or require you to return all materials supplied. This includes putting a hold on access to online course content where there are payments outstanding.
(a) We reserve the right to demand full payment of outstanding amounts on the default of any one monthly instalment. You may incur late payment charges and admin fees should defaults on payments occur.
(b) In the event of defaulting on a payment, we will write to you to request you make payment of the instalment amount. If we do not hear from you within 14 days of requesting payment, we reserve the right to remove you from the course and no longer mark your work or provide the tuition.
(c) In the event that we demand the return of any materials supplied, you hereby agree that you will not make any copy of the materials or make use of any copies or other materials derived from those being returned.
(d) No course certificate will be provided (if otherwise appropriate) if there are any outstanding fees due to Carly Budd Developmental Play Academy in relation to that course or program.
(e) We reserve the right to remove you from any Carly Budd Developmental Play Academy social media group or to suspend communication with you while any money is outstanding and/or to send details of any debts to a factoring or other debt collecting agency.
8. Intellectual property rights
8.1 All intellectual property rights in or arising out of or in connection with the Services will be owned by us.
8.2 Love & Play for Building Brains, Putting Power into Play the Love Way, Play the Sensy (or sensory) Way, Play the Messy Way, Play the Hygge Way and Play the Nature Way® are terms copyrighted by Carly Budd in relation to the provision/selling of sessions/services relating to play and education.
8.3 We agree to grant you a licence to copy the deliverables specified in your order for the purpose of receiving and using the Services and such deliverables in your business. You may not sub-licence the deliverables without our prior written consent. You shall ensure that all copies of the deliverables are marked with the Carly Budd Developmental Play Academy copyright notice and logo.
8.4 Carly Budd Developmental Play Academy® is not a license or franchise but an educational platform for professionals. You may not use the Services to create direct competition or for use as your own materials to provide training to others. This includes training your own employees/franchisees.
8.5 The Services provided are not "Train the Trainer" training. The services are designed to support parents and clients, and as such any method of delivery whether in person or online is directed at families, not to train other professionals.
9. How we may use your personal information
9.1 We will use any personal information you provide to us to:
(a) provide the Services;
(b) process your payment for the Services; and
(c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
9.2 Further details of how we will process personal information are set out in Carly Budd Developmental Play Academy Privacy Policy
10. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
10.1 We have obtained insurance cover in respect of our own legal liability for individual claims not exceeding £100000 per claim. The limits and exclusions in this clause reflect the insurance cover we have been able to arrange and you are responsible for making your own arrangements for the insurance of any excess loss.
10.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
10.3 Subject to clause 11.2, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of or damage to goodwill; and
(e) any indirect or consequential loss.
10.4 Subject to clause 11.2, our total liability to you arising under or in connection with the Contract., whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total Charges paid under the Contract.
10.5 We have given commitments as to compliance of the Services with the relevant specification in clause 5.2. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
10.6 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 12 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
10.7 Nothing in these Terms limits or affects the exclusions and limitations set out in Teachable Terms and Conditions at https://carly-budd.teachable.com/p/terms and at www.carlybudd.co.uk/terms-and-conditions
10.8 This clause 11 will survive termination of the Contract.
11. Confidentiality
11.1 We each undertake that we will not at any time, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 12.2.
11.2 We each may disclose the other’s confidential information:
(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 12; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
11.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
12. Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
12.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred by us in performing the Services up to the date of the occurrence of the Event Outside Our Control.
13. Communications between us
13.1 When we refer to “in writing” in these Terms, this includes email.
13.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
13.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
13.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
13.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
14. General
14.1 Assignment and transfer
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
14.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
14.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
14.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
14.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.