1.1 This is the www.minimaracas.co.uk website ("Website") which is owned by Monika Baker trading as Mini Maracas of Mini Maracas, International House, 12 Constance Street, London E16 2DQ ("we", "us", “our”).
1.2 By booking yourself and/or another, including without limitation the child or children who will be attending with you (the “Child” or “Children”) on to a Mini Maracas class or block of classes (each individual session is a "Class") and/or by purchasing any other goods or services offered on this Website and by using this Website you acknowledge that you are 18 years or over in age and you have read and you agree to be bound by and comply with these Terms and Conditions. Your statutory rights are not affected.
1.3 You should print a copy of these terms and conditions for your future reference.
2.1 Please note that any Class details as set out on the Website are subject to change without notice and we may change the content of a Class or the session leader of a Class session at our discretion. We are under no obligation to accept your request to book a Class or Classes (whether or not the order has been confirmed and the credit card been charged).
2.2 Please arrive for the Class a minimum of 5 minutes before the Class start time.
2.3 If we cancel a Class (other than for reasons beyond our reasonable control), then we shall endeavour to notify you in advance and we shall, at our sole discretion, offer a refund for the cancelled Class.
2.4 If the Class venue becomes unavailable at short notice for any reason, we will use reasonable endeavours to notify you in advance and run the Class at an alternative venue or reschedule it. If this is not reasonably possible or practicable then, at our sole discretion, we shall offer you the opportunity to book on to an alternative Class or give you a refund for the cancelled Class.
3 Purchase of Classes
3.1 We will acknowledge by e-mail your order to book a Class (or block of Classes) at the time you place your order. Please note that this does not mean that your order has been accepted. We will notify you within 2 working days of such email whether we have accepted your order in whole or in part. At the same time if we have accepted your order in whole or in part, we will notify you of performance dates, including relevant start dates and times
3.2 In the event a Class is listed at an incorrect price due to a typographical error, we will notify you of the correct price by e-mail and we will give you the choice of either booking the Class at the correct price or cancelling your order.
3.3 Any booking (whether or not accepted) is subject to availability of the Class. If the Class becomes unavailable prior to performance, we will notify you and give you the choice of a refund or of booking on to an alternative Class.
4 Cancellation of contract by you
4.1 Upon making a Class booking, you have 14 days from the date we confirm your booking has been accepted in which you are entitled to cancel. Should you agree to attend a Class within this timeframe you are entitled to receive a refund of the fees paid in respect of such booking less the cost of the Class(es) attended. Upon giving notice to cancel your contract in accordance with these terms you are entitled to your refund within 14 days.
4.2 To cancel a contract for Classes you must give us written notice, by email or post, to firstname.lastname@example.org or Mini Maracas at Mini Maracas, International House, 12 Constance Street, London E16 2DQ.
4.3 We are under no obligation to refund you any fees in the event that you or the child are unable to attend any or all Classes booked, in whole or in part. Further, if you or the Child miss a Class no refund will be given unless otherwise agreed in writing in advance by us. An alternative class shall not be offered for a missed class unless otherwise agreed in writing in advance by us.
4.4 If you are unable to attend a Class or need to change Classes for any reason, provided you notify us in writing a week of the performance, we will use reasonable endeavours to accommodate you, but unfortunately, we cannot guarantee this.
5 Your obligations
5.1 You confirm that you are the legal parent or guardian of the Child or have the express prior consent of the Child’s legal parent or guardian to bring the Child to the Class.
5.2 We have taken reasonable care in providing a safe environment for the Classes, but you agree that your child will be engaging in physical activities that may involve some risk of injury.
5.3 You must inform the Class leader of any relevant medical conditions that you and/or the Child has before the start of a Class. We cannot be held responsible in any way for any harm that arises where we have not been made aware in advance of all relevant information.
5.4 If you and/or the Child has (or if you suspect you and/or the Child has) a contagious medical condition you agree to adhere to professional medical advice and get the ‘all clear’ before coming to a Class, including without limitation adhering to the period of confinement as advised by the NHS. In particular (but without limitation) you agree not to attend the Class (and where applicable you agree that the Child shall not attend the Class) if you or they have actual or suspected sickness, diarrhoea, chicken pox, impetigo or conjunctivitis. If you and/or the Child has had sickness and diarrhoea, you/the Child must be clear of all symptoms for at least 48 hours before coming to a Class.
5.5 You are responsible for the constant supervision of the Child at all times during a Class.
5.6 You must not bring or consume hot drinks on the premises.
5.7 You must not bring or consume food on the premises. Breast milk and bottle milk feeding is permitted.
6 Prices and Payment
6.1 The fees payable for the Class(es) are as set out on the Website and are inclusive of VAT, where applicable.
6.2 The fees payable for each Class are payable in advance and, where a block booking of Classes is made (for example, for a half term), the fees payable shall be in respect of the full block of Classes.
6.3 Your payment will be processed via a Bank Transfer using the Faster Payment Service (FPS).
6.4 We will inform you as soon as we can if we are unable to commence performance of the first Class in the booking within 30 days of your order and you may agree an alternative start date or you may cancel the order. In no event shall we be liable to you for any losses you may have for any delay in performance.
6.5 We are under no obligation to refund for classes that may be missed in the event of adverse weather if the normal class is running.
7 Limitation of our liability
7.1 Whilst we have taken reasonable steps to ensure the accuracy and completeness of the information on this Website it is provided on an "as is" basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
7.2 Access to and use of this Website is at your own risk. We do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. We recommend that you take all appropriate safeguards before downloading information or images from the Website.
7.3 Subject to the provisions set out in these Terms and Conditions, your participation in a Class and that of the child attending the Class is done so entirely at your own risk.
7.4 We may, at our sole discretion, refuse you and/or the Child entry to a Class (and/or remove you and the Child from a Class) if we reasonably believe that your behaviour or that of the Child (or the behaviour of those associated with you or the Child) is unreasonable. In such event, no refund will be given, and we shall be entitled to terminate the contract between us with immediate effect with no further liability (subject always to the terms and conditions set out herein). To be clear, unreasonable behaviour shall include (without limitation) damage to property, disruptive behaviour, aggressive behaviour towards others or any other behaviour that we determine to be unreasonable.
7.5 We reserve the right to cancel the Child’s place in a Class in the unlikely event that you and/or the Child fail to abide by these terms and conditions and we shall be under no obligation to provide a refund for any outstanding Classes in such event.
7.6 In respect of any cause of action (including an action for negligence) arising out of or in connection the agreement set out in these Terms and Conditions, including without limitation in connection with a Class and/or any booking made, our entire liability shall be limited, to the extent that the cause of action relates to a Class, to (at our option):
(a) re-performing the defective Class; or
(b) refunding the amount paid or payable by you in respect of the defective Class.
7.7 Our aggregate liability in respect of all causes of action arising out of or in connection with this agreement (including without limitation any Class(es) purchased on our Website or in connection with your use of the Website), whether for breach of contract, in negligence or any other tort, under statute or otherwise at all, will not exceed an amount equal to the fees paid or payable for the relevant Class or block of Classes (as applicable) purchased under these Terms and Conditions.
7.8 We shall not be liable to you for any loss of profit; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated revenue or savings (whether direct or indirect loss); or loss of contract; or loss of use; or any special, consequential, indirect or pure economic loss, costs, damages, charges or expenses.
7.9 Notwithstanding anything in these Terms and Conditions we do not exclude liability for personal injury and death caused by our negligence; or fraud or fraudulent misrepresentation; or anything that cannot be excluded as a matter of law.
7.10 Except for any warranties expressly set out in these Terms and Conditions any warranties, conditions or representations whether implied by statute or otherwise shall be excluded to the fullest extent permitted by law.
8 Term and Termination
8.1 These Terms and Conditions shall apply to any and all Classes.
8.2 We shall be entitled to terminate the contract between you and us in respect of a Class or Classes at any time provided we give you reasonable prior written notice. In the event that we terminate the contract in accordance with this clause 8.2 and the termination date occurs prior to the expiry of all Classes booked and paid for in full by you, we shall provide you with a refund for such Class(es) as have not been performed (subject always to the other provisions of these Terms and Conditions).
9 Intellectual Property
9.1 All intellectual property including without limitation, patents, designs, copyright, trademarks, database rights, rights in and to confidential information and know-how and any rights analogous to the same subsisting anywhere in the world at any time in the Website, the Class, us and/or our business belongs to us or our suppliers and licensors as applicable “Mini Maracas IP”). No rights or licences are granted to you in respect of the Mini Maracas IP, in whole or in part, unless we give our express agreement in writing and in advance.
9.2 All Website, design, text and graphics belong to us. You are not permitted to use the Website in any way that may infringe the intellectual property rights contained in the Website. This means that you may not adapt, reproduce, publish, upload, extract, alter, store, post, redistribute, reutilise, retransmit or broadcast, all or any of the contents of the Website including but not limited to any trademarks or copyrighted material without our express permission. However, you are permitted to download and print out pages from the Website for the sole purpose of viewing for your own personal information.
10.1 These Terms and Conditions represent the entire understanding relating to the agreement between you and us in respect of Classes and/or your use of the Website (the “Agreement”) and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by us.
10.2 If any provision of these Terms and Conditions are found to be invalid or unenforceable as a matter of law, it will be severed from the rest of these Terms and Conditions which shall remain unaffected.
10.3 If we fail, at any time during the term of the contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
10.4 A person who is not a party to this contract is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
10.5 We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data or stock) and industrial action.
10.6 These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to this Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.
11.1 We are very proud of our high standards of customer service however, in the event that you have any queries or concerns, please do not hesitate to email us at email@example.com. We will endeavour to deal with your complaint in a timely manner and make reasonable efforts to reach a satisfactory conclusion on your behalf in order to retain your valued custom.
12 Contact Details
Address: Mini Maracas, International House, 12 Constance Street, London E16 2DQ
Photographs or small videos taken during a class must be for your personal use only unless written consent has been obtained from Mini Maracas and the parents involved. You must not post any photographs or videos on social media if any other child is in the photograph or video. Full length videos are not permitted under any circumstances.
You are forbidden from reproducing any part of our lessons in any form such as on the internet, DVDs, photographs etc.
By booking to attend a Mini Maracas class or organised event you are agreeing to comply with and be bound by the permissions as set out below. If you choose to opt out, you should do so in writing to firstname.lastname@example.org. The permissions are as follows:
• I give permission for my child’s photograph to be used within Mini Maracas classes for display purposes
• I give permission for my child’s photograph to be used on printed publications
• I give permission for my child’s photograph to be used on the Mini Maracas website
• I give permission for my child to be videoed for use on the Mini Maracas website
• I give permission for my child’s photograph to be used on the Mini Maracas social media pages
• I give permission for my child to be videoed for use on the Mini Maracas social media pages
• I can confirm that I have read or been made aware of how these images or videos will be stored within the organisation.