Membership General Terms & Conditions

1. MEMBERSHIP OVERVIEW

1.1. This Membership is owned and operated by Little Play Pty Ltd ABN 16 665 994 927 trading as Little Play and referred to herein as ‘Little Play’, ‘Educators’ ‘we’, ‘our’, or ‘us’).

1.2. Little Play Membership provides access to in-person sensory, movement and baby massage classes for parents and children (Classes).

1.3. Weekly Class Dates can be accessed on our website to where you host the timetable.

1.4. The Classes will be performed or facilitated by suitably qualified Little Play Educators.

1.5. All services will be facilitated at the Location as listed on our Site or at an Alternative Location within [10]km of the original Location and as communicated to you no less than 48 hours prior to the Scheduled Class.

1.6. Little Play Members, referred to herein as ‘Members’, ‘You’ or ‘Your’ are required to read and agree to comply with these Terms and Conditions, Rules of Play*, Website Terms and Conditions* and Privacy Policy *  carefully before you apply for, purchase or otherwise access our membership offering(‘Membership’). These Terms govern your access to and participation in the Membership.

1.7. By accessing the Membership, you:
a) acknowledge that you have read, and agree to comply with and be legally bound by, these Terms; and
b) warrant that you are over 18 years of age and have the legal capacity to enter into a binding contract.

1.8. We reserve the right to modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to initial use as well as periodically throughout your use of our Membership. If at any time you choose not to accept these Terms, you should discontinue your use of our Membership.

1.9. By continuing to access this Membership, you are deemed to accept any future amendments to these Terms. If you are uncertain about these Terms or anything else on our Site, please don’t hesitate us via: [email protected]

2. LITTLE PLAY OBLIGATIONS

2.1. We agree to provide our Classes to the best of our ability and to the standard of care and skill reasonably expected of an educator providing baby sensory, movement and massage classes.

2.2. The Little Play Curriculum is prepared by qualified primary school educators in consultation with occupational therapists.

2.3. Classes are facilitated by educators who have working with children/police clearance checks and first aid qualifications. Where any class requires specialised qualifications, the educator facilitating that class will hold those qualifications.

2.4. All Educators will adhere to our Rules of Play*

3. APPLYING & ELIGIBILITY FOR MEMBERSHIP

3.1. To apply for Membership, you will be required to:
a) complete our Account/Profile Form; and
b) Book into a Little Play Class on our Site littleplay.com.au (‘Site‘).

3.2. You agree to provide accurate, current and complete information about yourself, and your child as requested or directed, and to promptly update this information to maintain its accuracy. When providing information on behalf of another person, you warrant that you are authorised to provide that information to us.

3.3. You understand that we will rely upon the information you provide in order to determine your suitability for membership and agree that we can exercise our absolute discretion in relation to determination of suitability.

3.4. We reserve the right to deny, suspend or terminate your Membership application for any reason.

3.5. Your access to the Membership commences when your booking has been accepted by us, and you have received a confirmation email and will continue indefinitely until termination under these Terms by either party.

3.6. We will provide you with [30] days’ notice should we plan to discontinue the Membership.

4. MEMBERSHIP FEES

4.1. The Membership Fees are payable in full upfront for the selected period fortnightly.

4.2. Payment Methods
You authorise us to automatically charge the card provided when you completed your application/ account profile at the start of each billing period for the following week’s Membership, and agree to keep all billing information current at all times.

Consumer Terms of Service (stripe.com)

4.3. If you do not pay us any portion of the Fees within the stipulated timeframe, we may charge you a Late Payment Fee of (2% of the failed debit amount).

4.4. Where you fail to make payment or payment is declined for any reason, you must provide a new eligible method of payment immediately or we may suspend or revoke your access to the Membership. You will be liable for all outstanding payments, including any costs incurred by us trying to recoup the outstanding Membership Fees such as debt collection agency costs, including any legal costs on any Membership Fees that remain outstanding.

4.5. You acknowledge and accept that should we decide to increase our Membership Fees, you will incur the increase automatically at the start of your next billing period. We will provide you with [30] days’ notice should we plan to increase our Membership Fees, and should you choose to cancel your Membership as a result, you may do so in accordance with our Cancellation Policy.

4.6. If Gift Cards are offered by Little Play, via their website they will be subject to the following conditions in addition to any conditions listed at the point of purchase, including that gift cards:

a) cannot be purchased with a discount or coupon code;
b) are non-refundable;
c) cannot be exchanged; and
d) must only be used prior to their expiry date [Expiry is [2] years from issue date] Gift cards will be delivered via email containing instructions on how to redeem them.

5. MEMBERSHIP OBLIGATIONS

5.1. You acknowledge that you are solely responsible for determining whether our Membership/ Classes are appropriate for you and your Child, having considered your own personal circumstances. Participation in Little Play classes is at your own risk.

5.2. Due to the nature of the Classes, participation will be required by both parents/guardians and children. Parents/ Guardian are solely responsible for assessing both theirs and their child’s ability, age and fitness to participate in any particular class and book into appropriate classes.

5.3. Where Little Play team members observe that a Child or Parent is unable to participate in part or all of a class, or where they have brought more than one child, Little Play reserves their right to privately ask the Parent to sit out or rebook into another class.

5.4. You agree to provide us with all relevant Member Information we request from you, and any other information we reasonably require to be able to perform the Classes.

5.5. You also agree to proactively update any Member Information as soon as reasonably practical during the Term of the Membership to ensure continuity of Classes. This includes, but is not limited to:
a) if your contact information changes;
b) Your payment method expires;
c) You or your child are diagnosed with any type of medical condition; or
d) Any other information which may impact on the delivery of our Classes to you.

5.6. Little Play is committed to creating and maintaining a safe environment for our Little Play Community and you acknowledge that it is a condition of entry to any Little Play Location, that you agree to comply with our Rules of Play* at all times. Noncompliance with the Rules of Play may result in immediate termination of your membership.

5.7. Parents/Guardians warrant that any child they are responsible for at Little Play is fully vaccinated in accordance with the National Immunisation Program.

5.8. In addition to any other prohibitions, you must not under any circumstances access or otherwise use the Membership or its content:
a) for any unlawful purpose;
b) if you or your business in any way competes with our business;
c) to solicit others to perform or participate in any unlawful acts;
d) to violate any international, federal, or state regulations, rules, laws, or local ordinances;
e) to attempt to change, remove, or otherwise interfere with the Membership or any of its Materials;
f) to infringe upon any other person’s proprietary rights; or
g) to send any unsolicited advertising or promotional material, commonly referred to as ‘spam’.

6. MEMBERSHIP ENTITLEMENTS

6.1. During your Membership, we will provide you with certain Membership Entitlements, including:
a) Access to book in Sensory classes, baby massage;
b) Access to book in Birthday Parties [additional costs apply]

6.2. We reserve the right to make changes to our Class layout as reasonably required. We will not be liable for making any such changes.

6.3. From time to time, we may also provide you with certain benefits, such as products, programs, workshops or other memberships, which may be provided by third parties. We do not offer any guarantees regarding these benefits, including their accuracy or quality, the duration for which they are available or that they are suitable for your purposes.

6.4. During the Membership, you may also be invited to participate in an online group. In order to be admitted and retain access to the group, you will be required to comply with its rules, including the rules provided by the hosting platform. If you breach the rules of the online group, your access to the group will be revoked and, depending on the severity of the breach, your access to the Membership may also be revoked.

6.5. We reserve the right to cease operating any associated online group with [7] days’ notice to you.

6.6. If a Force Majeure event of any kind requires that any Membership Entitlements be delayed, they will either take place in a different allowable format or be rescheduled. You will not be entitled to any compensation for Membership Entitlements that are unable to proceed due to a Force Majeure event.

7. INFORMATION AND ADVICE

7.1. Any content or information provided in the Membership is of a general nature only and does not constitute professional advice. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide through the Membership. No part of the Membership is a substitute for obtaining advice that is specific to your individual circumstances from a qualified professional.

7.2. You are responsible for determining whether the Membership is right for you. We reserve the right to terminate or suspend your access to the Membership at any time should we believe that it is not appropriate for you, or that further professional advice should be sought.

7.3. Any reference to other products or services, programs, memberships, processes or other information appearing within the Membership does not constitute or imply our endorsement, sponsorship or recommendation in any way.

8. LITTLE PLAY CANCELLATIONS

8.1. We reserve the right to cancel or reschedule a class at a mutually convenient time, for any reason. If a Class have been cancelled by us and not rescheduled, we will refund the Fees paid for the cancelled portion.

8.2. We will not be liable for any failure to perform the Classes to the extent that it is caused by your noncompliance with your obligations under these Terms.

8.3. If we are delayed or prevented from facilitating a Class either due to your noncompliance with your obligations or a Force Majeure Event, we reserve the right to reschedule the Class.

8.4. If we are unable to reschedule the Key Dates due to a Force Majeure Event, this shall not be deemed a breach of these Terms.

8.5. If we are unable to perform any reason and are unable to reschedule the Key Dates, you are entitled to terminate these Terms and receive a full refund of Fees paid, less deductions for Classes already performed.

9. MEMBER RESCHEDULING, PAUSING OR CANCELLATION

9.1. Rescheduling
Where you wish to reschedule a one-off class, for any reason, including illness, you must notify us via our nominated email address as soon as possible prior to the scheduled start time for the session with the subject line ‘Reschedule Request’. We will provide you with a link to book in a ‘make up class’ and you will not be charged.

Providing less than 12 hours’ notice will result in forfeiture of that class Fee and no entitlement to a ‘make-up class’.
9.2. Pausing
If you wish to pause all services for any reason, you must notify us in writing at least 14 days’ notice prior to the commencement of the pause via our nominated email address with the subject line ‘Pause Request’.

A Pause may be for a minimum of 1 week and a maximum of 4 weeks (in total) for the Term.

9.3. Cancellation
Where you wish to cancel your Membership, you may do so at any time by emailing us with the subject line ‘Membership Cancellation’ providing us with 14 days notice from your next billing cycle or within 48 hours of your previous billing cycle

Once your Membership has been cancelled, you will no longer be charged and make up classes will be forfeited.

10. REFUNDS

10.1. Due to the nature of the Membership and, Refunds cannot be provided for a change of mind.

10.2. Any Refund is provided in accordance with the Termination provision in these Terms and in compliance with any and all applicable Australian Consumer Laws.

10.3. Where you have received a refund either directly from us or via a Chargeback the following will apply:
a) If we have provided you with access to any Confidential Information, including copies of any workbooks you must destroy all electronic copies downloaded by you and provide us with written confirmation of the above to [email protected] ; or
b) where you continue to use or access any Confidential Information after the Refund is issued, we reserve the right to recover any outstanding tax invoice through a formal debt recovery process including any Interest payable on the outstanding amount.

10.4. Refunds in lieu of money (such as credit for other Classes) may be offered to you at our sole discretion.

10.5. For the purposes of these Terms “Chargeback” means the reversal of a payment in response to a request that a customer files directly with their issuing bank or payment network provider.

11. TERMINATION

11.1. We reserve the right to terminate your access to the Membership with immediate effect if:
a) You fail to comply with our Rules of Play;
b) do not pay the Membership Fees when due;
c) you infringe our Intellectual Property Rights;
d) you engage in conduct that is injurious or potentially harmful to our reputation;
e) you disclose Confidential Information without consent;
f) your actions are contrary to our interests;
g) we consider that mutual trust and/or confidence no longer exists; or
h) you fail to comply with any of the other provisions of these Terms or otherwise breach any undertaking, warranty or obligation under these Terms.
11.2. If we terminate your access to the Membership, we may, at our sole discretion, refund any prorated balance of the Membership Fee already paid by you.

12. PRIVACY

12.1. When you apply to take part in the Membership, and during your participation, you may be required to provide us with certain personal information (such as contact details) and sensitive information (such as information about your health or finances).

12.2. Your privacy is extremely important to us. We will only use your personal information in order to provide you with the Membership Entitlements and to communicate with you about the Membership. Where you wish to withdraw your consent from email communications, you may simply unsubscribe. Your information will be dealt with in accordance with our Privacy Policy, which is accessible here.

13. CONFIDENTIALITY

13.1. Little Play and its Members agrees that, unless they have the prior written consent of the other party, they will:
a) keep the Confidential Information of the other party confidential at all times;
b) ensure that any person to whom Confidential Information is disclosed is aware of and complies with this clause; and
c) where there is prior consent, inform the other party of any proposed disclosure, including the form of disclosure, within a reasonable timeframe.

13.2. These obligations of confidentiality do not apply to any disclosure that:

a) is for the purpose of performing these Terms or exercising a party’s rights under these Terms;
b) is required by Applicable Law; or
c) relates to Confidential Information that is publicly available through no fault of the receiving party or was rightfully received from a third party without restriction and without the breach of any obligation of confidence.

13.3. Any Confidential Information supplied to us that incorporates personal information will be dealt with in accordance with our Privacy Policy, which is available on our website.

13.4. By entering into this Terms, for the purposes of internal quality and control purposes, you agree and authorise us to take videos and photos of the Classes in accordance with our Rules of Play.

13.5. You agree and acknowledge that we retain the ownership rights to any photos taken in relation to the provision of our classes and will be entitled to share photos, feedback and testimonial on websites, social media and any other media for recognition or professional advancement purposes.

13.6. For the avoidance of doubt, unless we have sought express authority from you to share sensitive or personal information (including yours or your child’s name, face or identifying physical features), we will not disclose any of your sensitive or personal information.

14. INTELLECTUAL PROPERTY

14.1. As part of the Membership, you will have access to certain materials, including programs, workbooks, forms, templates, precedents, webinars, digital products and other content (‘Materials’). We retain sole ownership of all Intellectual Property Rights (including Moral Rights) in our Classes, programs, courses and materials, whether created prior to or during provision of the Classes. These materials are not to be used by you without our express written permission.

14.2. To the extent required for participation in the Membership, you are granted a non-exclusive, non-transferable, single-use, limited licence to access and use the Materials for your own personal use, and you agree not to:
a) modify the Materials;
b) copy or share the Materials or in any way cause or allow them to be copied or shared;
c) assign or transfer your membership of the Membership to any other person without our express written consent; or
d) sublicense, publish, sell, or provide the Materials to, or otherwise allow them to be used by, third parties.
14.3. Your use of the Materials may also be subject to our Site Terms and Conditions and Privacy Policy.

14.4. If you infringe our Intellectual Property Rights, we reserve the right to terminate your access to the Membership and the Materials without refund and pursue legal remedies.

14.5. For any intellectual property that you provide us with through your Membership (‘Member Content’), you warrant that you are the owner of this intellectual property and indemnify us against any claim made by a third party arising out of any breach of intellectual property rights from our use of the Member Content (including distribution for promotional purposes). By participating in the Membership, you grant us a non-exclusive, irrevocable, royalty-free, perpetual licence to use and reproduce your Member Content at our discretion.

15. WARRANTIES AND INDEMNITIES

15.1. We provide the Membership and its content on an ‘as is’ basis, without representation, warranty or condition of any kind (either express or implied).and do not guarantee any specific results from your participation. Your experience will depend on your own commitment, motivation and intent to follow through. Any examples of previous participants’ experiences, including reviews, testimonials or other statements, are provided for illustrative purposes only, and are simply examples of what can be possible.

15.2. You agree that you engage in the Membership at your own risk.

15.3. Except as expressly permitted by law, we cannot be held liable for:
a) any loss or damage that you may suffer as a result of your participation;
b) your inability to participate in the Membership for any reason;
c) your failure to maintain the security of your login details that enable you to access the Membership;
d) the statements or conduct of any third party; or
e) your reliance on the suggestions or recommendations of any third party or Membership participant.

15.4. You agree to indemnify us against any loss or damage, including legal costs, related to your breach of these Terms.

15.5. The nature of certain Classes means that we are unable to guarantee particular results, and any examples provided are a representation of potential results only. Any results achieved through your participation in the Membership will vary depending on a range of factors beyond our control.

15.6. The information we provide through our Classes do not constitute professional health advice, regardless of whether we are licensed professionals of any type. We cannot be held liable for any action taken by you in reliance on the information we provide. You agree to consult with the relevant licensed professional/s prior to taking any action.

15.7. Any express or implied warranty or condition relating to these Terms or its subject matter that are not contained in these Terms are excluded to the maximum extent permitted by law.

15.8. Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any law that cannot be lawfully excluded, restricted or modified.

15.9. If any warranty or condition is implied into these Terms and cannot be excluded, our liability is limited to resupplying the Services or payment of the cost of having the Services resupplied.

15.10. You agree to indemnify and hold us and our employees harmless from all claims and losses (including any third party losses) arising from damage, liability, injury or infringement that arise out of any breach of your obligations under this Terms, any information you supply to us, or any information provided to you through our website, social media platforms or the Services we perform for you.

15.11. Neither party will be liable or held in breach of these Terms for any failure to perform its obligations to the extent that said failure is caused by the other party’s noncompliance, negligence or misconduct.

15.12. Neither party will be liable to the other for any loss or damage arising out of these Terms, whether foreseeable or not and however caused, with the exception of confidentiality and indemnification obligations.

15.13. We will not be liable for any loss or damage suffered by a third party in connection with these Terms.

15.14. Each party agrees to take reasonable steps to mitigate any loss, damage or expense it may suffer or incur, arising out of anything done or not done by the other party in connection with these Terms.

16. LIMITATION OF LIABILITY

16.1. To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our products or services, your inability to access our products or services interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date.

16.2. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) and (including under indemnity) is capped to the return of Fees paid in the [12] months preceding the liability event and will be reduced to the extent that your acts or omissions contribute to or cause the liability.

17. COMPLAINTS OR DISPUTES

17.1. Complaints
We are committed to your enjoyment of and satisfaction with the Membership. Should you have any concerns or be dissatisfied in any way, please contact email us with the subject line ‘COMPLAINT’ and include:
a) your name;
b) the email address you used to apply for the Membership;
c) details of your concern or complaint;
d) details of what you would like us to do to resolve the matter; and
e) copies of any relevant correspondence.
We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.

17.2. Non-Disparagement
Without limiting either party’s rights, each party agrees not to disparage the other or provide negative feedback in a private public forum (such as social media or an online review platform) at any time during or following provision of the Services. Where one party is dissatisfied, the issue must be dealt with in accordance with the provision of these Terms relating to disputes.

17.3. Dispute resolution
Both parties will use their best efforts to resolve any dispute in good faith. Failing this, both parties will use their best efforts to resolve the dispute by engaging in mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. mediation in the state where we reside at the time. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located. All costs associated with the dispute, including legal, mediation or arbitration fees, will be borne equally by the parties.

18. MISCELLANEOUS

18.1. Survival of Obligations
The obligations accepted by you outlined in Clauses 12, 13 and 14 survive termination of these Terms.

18.2. Relationship of Parties
We are independent contractors, and the relationship between you and us does not constitute that of a partnership, joint venture or employer and employee.

18.3. Exclusivity
We will be the exclusive provider of the Services during the Term, however we may offer similar services to others, solicit other clients and advertise our services at our discretion.

18.4. Notices
Where a party gives notice, it must be done in writing to [email protected] , or by post to the business Location. For email, the notice will be considered delivered on the date it was sent, unless a delivery failure notice was received. For registered or express post, the notice will be considered delivered within 5 Business Days of being sent.

18.5. Entire Agreement
These Terms constitute our entire agreement with you about the Membership and supersede all previous agreements, understandings and negotiations. whether written or verbal.

18.6. Governing Law
The performance and enforcement of these Terms will accord with the laws in force in the State or Territory in Australia where we are located as indicated on our Site. You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction.

18.7. Binding agreement
These Terms will become binding when you agree to these Terms, including by clicking ‘I consent’ or ‘I agree’ or similar, or by processing payment of the Membership Fee / First Booking Fee. These Terms may also be executed by way of electronic signature, including by clicking “I consent”, “I Agree” or similar. Electronic Signing may also be facilitated by a third-party software. If these Terms is executed in this way, it will be considered an original that has been properly executed.  We will provide you with a copy of your receipt for any payment made to us (via email) within 48 hours of processing.

18.8. Amendment or Variation
Any amendment or variation to these Terms is not effective unless agreed by you and us in writing.

18.9. Validity
Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

18.10. Assignment
You cannot assign these Terms, or otherwise deal with the benefit of them or any rights under them, without our prior written consent. We reserve the right to assign or novate these Terms, or otherwise deal with the benefit of them or rights under them, without your consent.

18.11. Interpretation
All headings are for ease of reference and do not affect the interpretation of these Terms. Words in the singular include the plural and vice versa, and references to “including” and similar words do not imply any limit.