“The Company” means Kiddleydivey Limited (Company No. 03711405) whose registered office is at 8 Smith Barry Circus, Upper Rissington, Gloucestershire GL54 2NQ and the terms “we”, “our” or “us” shall be construed accordingly and this definition shall include any agents of the company where appropriate
“Conditions” means these terms and conditions
“Contract” means any contract between the Company and the Customer for the provision of the services
“Service user” means the person(s) or company who either books or uses the services and the terms “you” and “your” shall be construed accordingly
“In-House Delivery” means a service delivered specifically for and to the service user at the service user’s venue
“Open Delivery” means a service run by the Company for one or more customers at a venue which may or may not have been organised by the company and which is open to the public to attend on payment.
“Services” means any services supplied or to be supplied by the Company to the Customer or to a service user.
2.1 All Services are provided by the Company subject to these conditions, which supersede any earlier sets of conditions and which shall override any terms or conditions stipulated, allegedly incorporated or referred to by the customer whether in the order or, in any negotiations leading up to an order.
2.2 The relaxation or waiver by the Company of any of these conditions on any occasion shall act merely as a waiver on that occasion, and shall not affect our right to enforce these conditions on any subsequent occasion.
2.3 Any variation of these conditions must be confirmed in writing by a director, or other designated officer, of the Company and will not otherwise be valid.
2.4 Any description given by the Company of the Services is given by way of identification only and the use of such description shall not constitute a contract of sale by description.
3.1 Prices for the Services are in pounds (£) sterling.
3.2 The Prices displayed on the website or any other literature of the Company represent are subject to change or withdrawal without prior notice. Although the Company shall use its reasonable endeavours to ensure that information on the Company’s literature or website is accurate, the Company shall not be responsible for any honest and reasonable pricing, typographical or other such errors
3.3 In order to keep costs as low as possible, the Company reserves the right to change the dates and location of Open Delivery events. Places on these will be reallocated as necessary, however; where the customer wishes, refunds will be available. The Company does not accept liability for any financial or other losses incurred by the Customer as a result of such changes.
4.1 Terms of payment are strictly net cash and time for payment is of the essence. Payment is due immediately upon the placing of a booking although such payment will only form part of an offer to purchase the Services. If the Company refuses to accept any particular booking, a refund will be given.
4.2 If the customer fails to make payment at the time of the booking or their payment is rejected or refused by the issuing financial institution then without prejudice to the Company’s other rights, the Company shall be entitled to:
4.2.1 Cancel the booking until appropriate payment is received
4.2.2 Charge interest (both before and after any judgment) on the amount unpaid at the rate of 8% above Lloyds Bank PLC base rate until payment is made in full.
4.3 If legal action is taken to recover any monies due to the Company then the Company reserves the right to charge the Customer for all and any costs incurred including legal costs and other expenses.
5.1 The Company reserves the right to decline to trade with any company or person.
5.2 The Company will not accept liability for bookings which are not confirmed. If you are in any doubt as to whether a booking has been made it is your responsibility to contact the Company so that the position can be clarified
6. CANCELLATIONS AND POSTPONEMENTS
6.1 Once accepted, no booking may be cancelled or postponed without the agreement of a director, or appointed officer, of the Company.
6.2 In the event of a cancellation or postponement of an order for In-house Delivery the Company reserves the right (without prejudice) to charge 100% of the fee should the cancellation or postponement notice be given less than 7 days before the service was due to commence. If such notice is given between 7 and 14 days prior to when the service is due to commence then the Company reserves the right without prejudice to charge 50% of the fee.
6.3 In the event of a cancellation of a place or places for open delivery, open classes and parties, the Company reserves the right, without prejudice to charge 100% of the fee for that delivery, person or party if cancelled by the client or their representative within 12 hours of the scheduled delivery. If cancelled with more than 12 hours notice, the Company reserves the right to retain 50% of the fee for that delivery.
6.4 The Customer’s attention is also drawn to Clause 7 below, as failure to comply with the terms of this Clause may result in cancellation without refund and a requirement to pay the Company’s costs to date.
7. HEALTH AND SAFETY
7.1 The Company reduces the potential risk to service users, staff, employees, and others as far as possible through careful programme design and the use of skilled and experienced staff.
7.2 The Customer must ensure that they or where relevant, their service users, children or others only attend or engage in programmes suitable for their age, physical and cognitive capacity.
7.3 The Customer must inform the Company of any service user with special needs prior to the Company delivering its services and, to provide suitable information, equipment, staffing or services that may be required (i.e. seating, disabled access, supervising staff etc.). Failure to provide such support and assistance may result in the Company refusing to deliver services and no refund will be given.
7.4 Staffing levels will vary according to the particular customer and, individual service user’s needs, however; as a minimum, where the service users are under the age of 12, then the customer must provide a responsible adult for every 6 service users. Where the service users are considered to be vulnerable or to have special needs or learning requirements then the customer will provide staff at the levels to supervise their service users in accordance with their policies and individual care plans. At no time will it be acceptable for customers’ agents and staff to leave service users with agents of the Company and the company and its agents will not accept responsibility for service users.
7.5. Agents of the company have the right to deliver services without fear of physical or verbal abuse, threat or concern. It shall be for the Company or their agents at their absolute discretion to decide whether a venue, or environment, is a suitable and appropriate place to deliver services and, whether through actions, behaviour or other indication, a service user or service users should take part in any service delivery or should be removed. If service users are to be removed, the agents will require the customer to remove the service user. The agents of the Company shall at their absolute discretion determine whether the service delivery should be cancelled, postponed or terminated. If, in the Company’s opinion, the cancellation, postponement or termination was reasonably foreseeable or, as a result of the behaviour or other indication from a service user or service users then no refund of the service delivery cost shall be given. If you are in any doubt as to whether the venue, environment, or a service user will be able to take part in service delivery you must seek guidance from the Company prior to the booking of the service, as any cancellations will be dealt with under the cancellation policy set out above and failure to seek guidance will automatically deem the refusal reasonably foreseeable.
7.6 Agents delivering the service on behalf of the Company are required to undertake a health and safety assessment of the environment and, service users prior to and, throughout the service delivery. It will be for these agents at their absolute discretion to decide whether a venue, environment or activity is suitable in the circumstances and, they may at their absolute discretion alter, amend or cancel a service delivery in the interests of health and safety of the service user, themselves or others without refund.
7.7 The Customer must not do or allow to be done any act which will or may be a breach of any insurance policy put in place by the Company
7.8 Additional verbal and written guidance including further Health and Safety guidance is available to the Customer upon request to the Company.
7.9 If for any reason other than Force Majeure the Company cannot provide sufficient agents to deliver a booked service then it shall provide refunds on a pro rata basis for those service users who cannot take part or will refund the entire booking fee for the event whichever is appropriate.
8. IN-HOUSE DELIVERY
8.1 The Customer is responsible for providing a suitable and safe service venue. This includes suitable access to the venue prior to the commencement of delivery to enable the agents of the Company to prepare. The Company reserves the right to cancel and/or postpone and/or limit the content and level of service delivery if the venue is considered unsuitable or entry is delayed. Full cancellation or postponement fees will be charged accordingly and additional service delivery time may be required, at the Customer’s expense, to complete the booked programme.
8.2 The venue must be appropriate in size to allow service delivery activities. Access at the venue must be provided for appropriate emergency procedures. The customer is responsible for ensuring the provision of nominated first aid qualified person and first aid equipment and service user refreshments.
8.3 The Company reserves the right to enforce a limit on numbers attending the service delivery and turn further service users or customers away, or cancel or postpone a service where insufficient service users, children or others are available to enable effective delivery of the service.
8.4 Wherever practicable the Company will seek to notify the Customer of the proposed agent attending the service delivery and provide this person throughout the scheduled delivery but reserves the right to change agents where necessary.
8.5 As service delivery involves setting up and removing equipment provided by the Company, it shall be for the customer to ensure that a) sufficient parking is allocated for the Company agents to facilitate this, b) that a suitable safe and secure electrical supply is provided and, where the venue is outdoors that current electrical safety standards apply with the supply of electricity to the Company equipment.
9.1 The Company accepts liability without limit for death or personal injury caused by its negligence or the negligence of its employees acting in the course of their employment in addition to any other liability which by law cannot be excluded
9.2 Subject to Clause 11.1 the Company’s total liability to you arising out of or relating to this Agreement including without limitation in respect of performance or non-performance of obligations, whether in contract, tort (including negligence where permissible), statute or otherwise will not exceed the total cost of the Services provided on the occasion that the liability arises
9.3 Notwithstanding Clause 11.2, and whether or not you have advised the Company of the possibility of such loss arising, in no event will the Company have any liability whether in contract, tort (including negligence where permissible), statute or otherwise for any consequential, special or indirect losses or damages or associated costs and expenses, not for loss of profit or revenue, loss of contracts, loss of goodwill or failure to achieve anticipated savings or benefits where such losses are consequential, special or indirect
Any media coverage or involvement in the Company’s Services must be formally agreed by the Company.
11. USE OF PERSONAL DATA
14. FORCE MAJEURE
The Company shall be relieved of all liability for obligations incurred to the Customer whenever and to the extent to which the fulfillment of such obligation is prevented, frustrated or impeded in consequence of any statute rules, regulations, orders or requisitions issued by any government department, council or other duly constituted authority or by reason of any strikes, combination of workmen, lockouts, breakdown of plant or vehicles, accident, civil commotion, war, act of God, force majeure or any other cause beyond our control.
15. APPLICABLE LAW
These conditions and the contract and all matters pertaining thereto shall be governed by English Law and the English courts shall have jurisdiction in relation thereto.
16. NOTICE FOR CHANGES TO TERMS OF AGREEMENT OR TERMINATION
Unless otherwise agreed in writing, the Customer and the Company agree to give three paid sessions written notice to the other party when requesting changes to the terms of their agreement or to terminate their agreement.