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Terms and conditions

 

The following terms and conditions are the contract between you and Coffee With Kids (‘we’, ‘our’ or ‘us’).

These terms apply to you, so far as the context allows to you as a visitor to our Website or as a customer. They prevail over any terms proposed by you.

If you have any questions about our terms and conditions, please contact us.

Definitions

In this agreement:

‘Consumer’    has the same meaning as in the Consumer Contracts (Information, Cancellation  and Additional Charges) Regulations 2013, or otherwise where the context applies, any individual located in the United Kingdom or in a European Union member state who, in connection with this agreement, is acting for a purpose which is outside their business.

‘Content’    means the content that is encountered as part of your experience or that you contribute to our Website when visiting it. Content may include, among other things: text, images, sounds, videos and animations.

‘Intellectual Property’    means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.

‘Service’    means one or more of the services we offer, whether provided on a pay-as-you-go basis or a subscription basis.

‘Subscription Period’    means a period of a calendar month from the date the package of Services are first made available for use.

‘our Website’    means any website, webpage or service designed for electronic access that is owned or operated by us.

2.     Interpretation

In this agreement unless the context otherwise requires:

 

  1. A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

  2. Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.

  3. Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.

  4. In this agreement references to a party include references to that person’s successors, legal representatives, permitted assigns and any person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.

  5. The headings to the paragraphs to this agreement do not affect the interpretation.

  6. A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

  7. In the context of permission, ‘may not’ in connection with an action of yours, means ‘must not’.

  8. In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.

  9. This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3.     Our contract with you

  1.  So far as the law allows, all implied conditions, warranties and terms are excluded from this agreement.

  2. In entering into this contract you have not relied on any representation, warranty, information or document or other term other than that given on our Website.

  3. Subject to these terms and conditions, we agree to provide to you some or all of our Services at the prices we charge from time to time.

  4. Our Services may be bought on a pay-as-you-go basis, or on a subscription basis. Details of our Services, including costs, may be found on this website and on request.

  5. Some of Services are now or may be in future, available to you only subject to additional terms. You now agree that if you choose to use any such service, the relevant terms will become part of this agreement.

  6. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with our Services.

  7. You may not transfer Services you have purchased or ordered to any other person.

  8. The contract between us comes into existence only when we confirm to you that we agree to provide you with our Services. Your payment does not create a contract. If we decline to offer our Services to you, we shall immediately return your money to you.

  9. If we give you free access to a Service that is normally a charged feature, and that service is usually subject to additional contractual terms, you now agree that you will abide by those terms.

  10. Should these terms conflict with any other information we provide on our Website or elsewhere, then you agree that these terms prevail.

4.     Prices

  1. Prices are inclusive of any applicable value added tax or other sales tax.

  2. You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.

  3. All money paid by you to us is non-refundable and cancellation and/or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of money paid for any Service or package of Services, whether used or not.

5.    Subscriptions

  1. If you purchase our Services on a subscription basis then the following terms apply:

 

  1. Our contract with you lasts for the Subscription Period. Any continuation by us or by you after the expiry of the Subscription Period is a new contract in the terms then shown on this website. Your continued use of our services after that shall be deemed acceptance by you of our Services and our terms at that date.

  2. You may cancel subscription at any time within the Subscription Period. You will retain access to our Services for the remainder of the Subscription Period, after which your subscription will not be renewed.

  3. On the expiry of your subscription we shall automatically take payment from your payment method and shall confirm the renewal of your subscription for a further Subscription Period by sending you an email message.

6.     Prices

  1. When you subscribe for a package of our Services, that payment may not cover other Services, for which we will ask you to pay in addition as a single payment.

  2. Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

7.     Availability of our Services

  1. We do not guarantee that all our Services will be available to you when you wish to use them.

  2. Some Services may have a maximum number of participants for a particular session.

  3. We may require you to reserve a place for a Service in advance. If so, we shall tell you the requirements in our description of that Service.

  4. If you repeatedly reserve a place for a Service but fail to attend then we may at our complete discretion refuse to allow you to make further reservations. If that Service is part of a package of Services for which you pay on a subscription basis then we shall not refund you any part of your subscription payment for the reason that we have refused to allow you access.

  5. You accept that from time to time, for any reason, we may offer or retract an offer for a particular service.

  6. If you have paid for a Service, whether on a single payment basis or a subscription basis, and that Service becomes no longer available then we may either make available a similar Service to you, or refund you for that Service.

8.     Duration and termination

  1. You must use any Service within three months of paying for it. After that period, your right to use it shall end.

  2. If you decide that you no longer wish to use our Services, and you have not booked or used ones for which you have paid then we shall refund you within seven days of notice by you that you wish to cancel them.

  3. We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.

  4. In the event of termination by us:

    1. your right to use our Services ceases immediately; and

    2. we will within seven days refund to your payment for the Services that you have not used, or if you pay on a subscription basis, the value of your subscription pro rata with time not elapsed;

  5. We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.

9.     Interruption to our Services

  1. If it is necessary for us to interrupt our Services, we will give you reasonable notice where this is possible.

  2. You acknowledge that our Services may also be interrupted for many reasons beyond our control.

  3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to our Services.

10.    Licence to use your image

  1. From time to time we may take photographs of clients and their children using our Services. We may use those images on our website, on social media websites or in other marketing materials.

  2. You hereby irrevocably grant us the right to use your image and/or your child’s image in any photograph we take for any purpose.

  3. If you prefer that we do not take photographs of you or your children, please tell us as soon as possible. We aim to respect your wishes but do not guarantee that we may not accidentally capture you in a photograph we take.

  4. If you no longer wish us to use your image or your child’s image then please tell us. While we shall do our upmost to comply with your request, depending on the nature of our use, it may not be practical or possible to comply within a timeframe you expect.

11.     Intellectual Property

  1. We will defend our rights in all our Intellectual Property, including in our copyright in the Content of our Website.

  2. You may not use our name, logos or trademarks, images or any other Content on any website of yours or that of any other person.

  3. You agree that at all times that you will:

    1. not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it;

    2. notify us of any suspected infringement of our Intellectual Property; and

    3. without our express permission, not to:

      1. copy or replicate it for use by any other person in any way not intended by us;

      2. make any change to it or any part of it;

      3. publish or store it on any website or cloud storage service, or otherwise allow any other person access to it;

      4. create derivative works from it;

      5. use it in any way in which it is not intended to be used; and

      6. not to use it except directly in our interest.

12.    Indemnity

  1. You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

    1. your failure to comply with the law of any country;

    2. your breach of this agreement;

    3. any act, neglect or default by any agent, employee, licensee or customer of yours;

    4. a contractual claim arising from your use of any Product; and

    5. a breach of the intellectual property rights of any person.

  2. You agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £100 per hour without further proof.

13.     Disclaimers and limitation of liability in respect of our website

  1. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999), as well as to us.

  2. We use our reasonable endeavours to confirm the accuracy of any information we place on this website. We make no warranties, whether express or implied in relation to its accuracy or completeness.

  3. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our website.

  4. This website may contain links to other websites over which we have no control of the nature, the content and the availability.

  5. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying goods or services via such a website.

  6. The inclusion of any links on this website does not necessarily imply a recommendation or endorse the views expressed on those to which we link.

  7. This website is provided ‘as is’ and ‘as available’ without any representation made. We make no warranty as its usefulness to you, its satisfactory quality, its fitness for any purpose, the availability of any function of the website, the compatibility with your devices or software, privacy of any transmission, or security of use.

  8. We aim to maintain access to our website, but from time to time it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.

  9. You acknowledge that access to our website may also be interrupted for many reasons beyond our control.

  10. Accordingly, we make no warranty that this website will meet your requirements or that your use of it will be uninterrupted, timely or error-free.

  11. Nor do we make any warranty that we will correct defects and errors, nor that the website or the server on which it is hosted are free of viruses or bugs.

  12. We will not be responsible or liable to you for any loss, foreseeable or not, arising from any interruption of the availability of our website.

  13. We shall not be liable to you in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) for any loss or expense arising out of or in connection with your use of this website, which is a special, indirect or consequential loss, or an economic loss or other loss of turnover, profits, contracts, business or goodwill.

    This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.

14.     Disclaimers and limitation of liability in respect of any Service

  1. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to any Service we sell or make available to you. This does not affect your statutory rights as a Consumer, nor does it affect your contract cancellation rights.

  2. We make no representation or warranty for the quality of a Service; its usefulness to you or its adequacy or appropriateness for a particular purpose; the correspondence of it with any description; or any aspect or characteristic of any Service advertised on our Website.

  3. We shall not be liable to you for any loss or expense arising from your use of a Service which is an indirect or consequential loss; or an economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.

  4. Except where otherwise set out, our total liability to you, however it arises, shall not exceed the amount you have paid us in the immediately preceding 3 month period. This applies whether your case is based on contract, tort or any other basis in law.

  5. While you are present in the same room as any of your children, you remain responsible for the welfare and actions of that child.

  6. No term of our agreement with you shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.

15.     Miscellaneous matters

  1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

  2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

  3. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

  4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

  5. Any communication to be served on either party by the other shall be delivered by hand, sent by a recorded delivery postal service or by email. It shall be deemed to have been delivered: on the day of delivery if delivered by hand, or within 72 hours of posting if delivered by recorded post, or when an email message confirming receipt if sent by email.

  6. In the event of a dispute, you agree to undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

  7. No party to this agreement shall be liable for any failure or delay in the performance of this agreement that is caused by circumstances beyond their reasonable control, including any labour dispute between a party and their employees.

  8. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.

  9. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.

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