Terms of service.
Terms & Conditions
These are the terms and conditions on which we provide our services to you. Please read these terms carefully before you attend our classes. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the contract and other important information.
Information about us and how to contact us .
What we do.
We provide weekly parent/carer supervised toddler messy play classes for children aged 1-4
How to contact us.
Via our website www.littlebudsmessyplay.co.uk
Email info@littlebudsmessyplay.co.uk
How we may contact you.
If we have to contact you we will do so by text message, telephone or by writing to you at the email address.
Health and Safety:
Safety of all Little Buds Messy Players is paramount.
All equipment, tarpaulin and materials (where applicable) are fully washed and sanitised prior to each and every class.
Your child(ren) remain your responsibility while at Messy Play sessions/events and must be supervised throughout (if you leave the room for any reason, please take your child with you).
We politely ask that members do not attend if their child is suffering from a contagious illness.
Whilst we endeavour to clear all spillages as soon as they have occurred, some of the materials can cause the play area to become slippy so please, NO running.
All materials are made in the knowledge that they are to be played with under a parent / carer’s supervision. We appreciate your help in trying to avoid unnecessary / intentional pouring of materials outside of their immediate play areas so that everyone enjoys the experience. And, please, no throwing.
Little Buds Messy Play accepts no liability or responsibility for any belongings including clothes that are stained, marked or damaged. Please note that the paint may stain, old clothes are recommended.
The materials used in Messy Play sessions are all sourced from trusted suppliers / high street retailers / well known supermarkets. They are provided in the knowledge that parents and carers supervise the children whilst they play with them. Whilst all the materials we use are non-toxic, we’d rather the children refrained from eating them.
Payment: Due to hire charges. preparation and material costs, payment is non-refundable and may not be transferred to another date.
Attendance: Please register with the group leader upon arrival to your first class.
Cancellations: Little Bud Messy Play reserves the right to cancel sessions without refund in circumstances beyond our control (i.e. adverse weather conditions, closure of venue, staff illness) although we will endeavour to run catch up sessions. If Messy Play are unable to offer a catch up session then refunds will be given. If you have any further queries, please check the FAQs, or contact your Messy Play Leader.
Photo Consent: Messy Play leaders may take photographs or video clips at sessions. This footage may be used on the website, Facebook pages and marketing materials. If you do not wish to have your child’s photograph taken, please state this on your booking form and also let the group leader know when you arrive at the session.
Definitions
Accompanying Adult means the person / persons who attend a Little Buds Play Class or the Little Buds messy play with the child.
Class means the class your child is attending (you can find the details about our classes here: www.littlebudsmessyplay.co.uk
Fees means the fees for the Class or for the Little Buds messy play
Parent (‘you’) means a parent or legal guardian of the child attending the Class or the Little Buds messy play and who is the contracting party to this contract.
Terms means these terms and conditions as amended from time to time.
VAT means value added tax under the Value Added Taxes Act 1994.
Your privacy and personal information
Our Privacy Policy is available here.
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
Class Fees and Payment
Our Classes are all drop in and payment is made by cash or card at any of the Classes or via Happity. These Terms shall be deemed to have been accepted by you upon payment of the
Fees.
The Fees for the Classes are as follows are as listed on Happity: https://www.happity.co.uk/little-buds-messy-play
Parent’s Responsibility
You warrant and represent that when attending the Class, neither the child nor you/ the Accompanying Adult will be suffering from any contagious illness, disease, injury or anything similar thereto.
It is your responsibility to inform us of any condition that could affect your child’s capabilities during Classes.
You acknowledge and agree that the child shall be deemed to be under the direction, care and control of the Accompanying Adult throughout the Class or the Little Buds messy play and the Accompanying Adult shall be responsible for the welfare and conduct of the child throughout the Class or the Little Buds messy play.
You shall indemnify us and keep us indemnified against all loss (including loss of profit), liability, costs and expenses which we shall incur directly or indirectly as a consequence of any of your action or omission, or any action of omission of the Accompanying Adult or the child.
Accompanying Adult should stay within easy sight and reach of the child at all times.
You are allowed to bring siblings of the child to the Class as long as long as they do not get involved in the Class (unless the sibling also enrolls into the Class). The sibling is the responsibility of the Accompanying Adult at all times. If the sibling needs attention that requires the Accompanying Adult to leave the Class, the child attending the Class must accompany the Accompanying Adult and must not be left with the class leader.
Any threatening or abusive behaviour towards a staff member, or other Little Buds Play customer, will result in the termination of your booking and future bookings.
Lost Property & Valuables
You are responsible for your own property, including valuables, before, during and after the Class and Little Buds messy play.
Disclaimer
We do not make any guarantee to you that your child will obtain a particular result from attendance of any of the Classes.
Limitation of Liability
We, our employees, contractors or agents accept no responsibility under any circumstances for any loss (consequential or otherwise), damage, expense or delay suffered or incurred by you, the child or any other party arising directly or indirectly or in any way connected with the attendance of the child at the Class or the Little Buds messy play (or any part of it) or any other act or omission on our part or any of our employees, contractors or agents.
All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by negligence or affects the statutory rights of the Parent or the child.
Our total liability arising from or in connection with these Terms and in relation to anything which we may have done or omitted to do in connection with these Terms and the delivery of the Classes or the Little Buds Play Parties shall be limited to the Fees received by us for the Class or the Little Buds messy play in relation to which a dispute has arisen.
Website Information
The material made available on this website, including materials in linked sites directly or indirectly accessible from this website, are provided ‘as is’, with no warranty of any kind, express or implied, including those of fitness for a particular purpose. We have used all reasonable endeavours to ensure that information provided through this website is accurate at the time of inclusion, however we accept no liability for any inaccuracies, errors or omissions on this website. The information available on the website may be incomplete, out of date or inaccurate. We reserve the right at any time and without prior notice to make changes and corrections to the material on the website. We accept no liability for any loss or damage of whatever nature caused by the use or the inability to use the materials available on this website or any linked site.
Changes to these Terms
We may update or amend these Terms from time to time without notice to you. Any updates or amendments will be posted on our website.
Disputes
We will try to resolve any disputes with you quickly and efficiently.
If you are unhappy with:
1 the Class or the Little Buds messy play;
2 our service to you generally; or
3 any other matter,
please contact us as soon as possible. You can write to us at info@littlebudsmessyplay.co.uk
If you wish to pursue court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to these Terms.
Other important terms
This contract is between you (the Parent) and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These Terms are governed by English law and the English courts have non-exclusive jurisdiction in respect of the disputes arising out of or in connection with these Terms.
PRIVACY POLICY
Privacy Policy
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Introduction
Thank you for reading our privacy notice. We respect your privacy and are committed to protecting your personal data.
This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.
Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.
Important information and who we are
Purpose of this privacy notice
This privacy notice aims to give you information on how we collect and process your personal data, including any data you may provide to us directly via our website or otherwise.
It is important that you read this privacy notice together with any other privacy notice, fair processing notice or privacy policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.
Controller
Little Buds Messy Play is the controller and responsible for your personal data (collectively referred to as the Company, “we”, “us” or “our” in this privacy notice).
Contact details
Our details are:
Full name: Little Buds Play
info@littlebudsmessyplay.co.uk
www.littlebudsmessyplay.co.uk
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).
We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to the privacy notice and your duty to inform us of changes
This version was last updated on 12 December 2023 and historic versions can be obtained by contacting us.
It is important that the personal data we hold about you is accurate and current.
Please keep us informed if your personal data changes during your relationship with us.
Third-party links
Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you.
We do not control these third-party websites and are not responsible for their privacy statements.
When you leave our website, we encourage you to read the privacy notice of every website you visit.
The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified.
It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes billing address, delivery address, email address, fax number and telephone numbers.
• Financial Data includes bank account, payment card details, IBAN number, SWIFT code, Sort code and preferred payment methods.
• Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website and our services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Special Categories of Personal Data includes information about your child’s health.
We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.
However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
If you fail to provide personal data where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services).
In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.
How is your personal data collected?
We use different methods to collect data from and about you including through:
• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email, fax or otherwise. This includes personal data you provide when you: use our services; make enquiries through our website; attend an event connected with us; subscribe to our service or publications; request marketing to be sent to you; enter a competition, promotion or survey; or give us some feedback.
• Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
• We may also receive Technical Data about you if you visit other websites employing our cookies. Third parties or publicly available sources.
• We may receive personal data about you from various third parties and public sources.
• Technical Data from the following parties: analytics providers; advertising networks; and search information providers.
• Contact, Financial and Transaction Data from providers of technical and payment services.
• Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register.
How we use your personal data
We will only use your personal data when the law allows us to.
Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data.
However, if we ever do we will make you aware of this prior to such consent being given.
You will benefit from the right to withdraw consent to marketing at any time by contacting us via info@littlebudsmessyplay.co.uk.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so.
We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us info@littlebudsmessyplay.co.uk if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have opted in for receiving marketing communications when you filled in the form provided at our classes, have requested information from us or purchased services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any company outside our group of companies for marketing purposes.
Opting out
You can ask us to stop sending you marketing messages at any time by contacting us info@littlebudsmessyplay.co.uk at any time.
Where you opt out of receiving marketing messages, this will not apply to personal data provided to us as a result of a service purchase or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us info@littlebudsmessyplay.co.uk.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph ‘Purposes for which we will use your personal data’ above.
• External Third Parties as set out in the Glossary.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.
In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know.
They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
Data retention
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for at least six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data and in some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us info@littlebudsmessyplay.co.uk.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.
Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights).
This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Glossary
LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience.
We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests.
We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
THIRD PARTIES
External Third Parties Service providers who may act as processors based inside or outside the EU and who provide IT, system administration and other services.
Professional advisers who may act as processors including lawyers, bankers, auditors and insurers based inside or outside the EU who provide consultancy, banking, legal, insurance and accounting services.
HM Revenue & Customs, regulators and other authorities who may act as processors based inside or outside the EU who require reporting of processing activities in certain circumstances.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data
(commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you.
This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data.
This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it.
You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data
where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data.
This enables you to ask us to suspend the processing of your personal data in the following scenarios:
• if you want us to establish the data’s accuracy;
• where our use of the data is unlawful but you do not want us to erase it;
• where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
• you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party.
We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format.
Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time
where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.