An insight into Bumble Bee Play House:

Bumble Bee Play House encourages parents/caregivers to explore a variety of different experiences with their children to further develop their skills as well as to have fun. Bumble Bee Play House provides experiences for ages 0 to 5.

Rules:

Safety is Bumble Bee Play House’s number one priority when operating play sessions. Families acknowledge and agree to Bumble Bee Play House’s rules on behalf of themselves and their children along with the following:

General:

– Parents/caregivers must supervise their children at all times during the play session. Bumble Bee Play House is not licensed to care for children without parental/caregiver’s supervision as Bumble Bee Play House is not a registered childcare provider.

– Painting, sensory play and art and craft experiences may have ingredients that have a low risk of a reaction if eaten or rubbed into eyes. Bumble Bee Play House asks for close supervision when their children are engaging in these experiences to avoid ingesting.

– Keeping our space clean and tidy Bumble Bee Play House asks NO FOOD or DRINKS near the experiences, especially not near the sensory/messy ones.

– During play sessions Bumble Bee Play House would love to take photos and/or videos of you and your children to capture the inviting moments of parents, caregivers and children engaging within the experiences. Bumble Bee Play House asks for your approval to use the photos and/or videos of you and your children for advertising and promoting purposes. These will include our social media pages, flyers, website and other possible displays.

Health and Safety:

– Considering possible allergies Bumble Bee Play House asks NO NUTS or EGGS are to be brought inside the play space.

– As Bumble Bee Play House programs provide experiences for ages 0-5years and have no sections for the different ages, parents/caregivers need to determine which experiences are appropriate for their children to engage in to reduce the risk of any hazards such as choking.

– Bumble Bee Play House encourages walking within the play space area. We firmly ask families to stop their children from running during the sessions as they could injure themselves or others.

– Playing comes in all kinds of fun. At Bumble Bee Play House we recommend children and parents/caregivers wear clothing and footwear that can get messy, as painting and sensory play experiences may contain ingredients such as food colouring that might cause stains. You as the parent/caregiver comply with this rule and will not hold Bumble Bee Play house liable for clothing, footwear or other items that may become damaged, marked or stained.

– No child enjoys being sick nor do parents/caregivers enjoy seeing them sick. Bumble Bee Play House asks if your children are unwell to please not attend the sessions to help minimise the spread of infection.

Terms & Conditions

1. Acceptance and Term

1.1. These Terms are entered into between Bumble Bee Play House (ABN 63 354 828 373) (“we”, “us” or “our”) and you. You accept all policies, terms and conditions and codes of conduct made by Bumble Bee Play House and any relevant third parties. You accept these terms and conditions by:

1.1.1. Ticking the ‘yes’ box via the online booking system when making the booking and/or ticking on arrival;

1.1.2. you and/or your children participating in a session; and/or

1.1.3. paying the whole payment.

1.2. These Terms will commence once you accept these Terms in accordance with clause 1.1 and will continue until the date we have completed the provision of the experiences to you (as reasonably determined by us), unless earlier terminated in accordance with these Terms.

2. Payments and refunds

2.1. Unless otherwise agreed by us, you and your children will not be entitled to participate in any part of the experiences until the payment has been paid by you in full, including bookings made through the online booking system.

2.2. Unless related to Cause 5.2, you cannot request a refund if you are dissatisfied with the session.

3. Experiences

3.1. In consideration of your payment of the prices, we will provide the experiences in accordance with these Terms.

4. Your obligations and warranties

4.1. You agree to:

4.1.1. comply with (and ensure your children complies with) these Terms, our rules, directions, requests or requirements (including in relation to the Venue) and all applicable laws; and

4.1.2. provide all assistance, information and documentation reasonably necessary to enable us to comply with our obligations under these Terms or at law.

4.2. You represent, warrant and agree that:

4.2.1. there are no legal restrictions preventing you from entering into these Terms;

4.2.2. all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and

4.2.3. you have not relied on any representations or warranties made by us in relation to the experiences (including as to whether the experiences are or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.

5. Australian Consumer Law (ACL)

5.1. Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the experiences by us to you which cannot be excluded, restricted or modified (Statutory Rights).

5.2. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the experiences, you may be entitled to cancel these Terms with us and receive a full refund of that day’s session. For other failures, not determined to be a “major” failure, we reserve the right to rectify the issue, as reasonably possible, or offer you a refund as we see fit, without consultation with you.

5.3. Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and experiences (including the experiences) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

5.4. This clause 5 will survive the termination or expiry of these Terms.

6. Exclusions to liability

6.1. Despite anything to the contrary, to the maximum extent permitted by law, you waive and release us from any liability caused or contributed to, arising from or in connection with:

6.1.1. your or your children’s acts or omissions, including where such action results in an injury to your child, another child at the play house, staff, or yourself;

6.1.2. any participation in the experiences by a person other than you and your children;

6.1.3. any works, experiences, goods, materials or items which do not form part of the experiences (as expressed in these Terms), or which have not been provided by us;

6.1.4. the experiences being unavailable, or any delay in us providing the experiences to you, for whatever reason; and/or

6.1.5. any event outside of our reasonable control.

6.2. We accept no liability for failure to perform our obligations or any delays to the performance of our obligations, if such delay or failure is due to any circumstance beyond our control.

6.3. This clause 6 will survive the termination or expiry of these Terms.

7. Limitations on liability

7.1. Despite anything to the contrary, to the maximum extent permitted by law:

7.1.1. neither Party will be liable for Consequential Loss;

7.1.2. any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of you or your children;

7.1.3. any liability arising from or in connection with these Terms will be limited to, at our sole discretion:

7.1.3.1. resupplying the Activities to you; or

7.1.3.2. repaying you the amount of the Fees paid to us in respect of the relevant Activities to which the Liability relates.

7.2. This clause 7 will survive the termination or expiry of these Terms.

8. Termination

8.1. Either party can terminate these terms.

8.2. Without limiting your rights under Clause 5, terminating these terms for any reason without just cause or reasonable notice prior to a scheduled Activity, will result in no refund or replacement or reschedule offered.

8.2.1. We reserve the right to amend or apply this clause at any time.

8.2.2. We reserve the right to choose a refund, replacement or reschedule, in consultation with you.

8.2.3. For the purposes of this Clause, “just cause” includes illness of your child on the day of the scheduled activity but does not include your failure to notify us of a planned holiday or event that prevents you from attending.

8.3. Termination of these Terms will not affect any rights or liabilities that a Party has accrued under Clauses 5, 6, or 7.

9. Disputes

9.1. A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) without first meeting with a senior representative of the Company to seek to resolve the Dispute in good faith.

9.2. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator.

9.2.1. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator.

9.2.2. The mediator will decide the time, place and rules for mediation.

9.2.3. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute.

9.2.4. The costs of the mediation will be shared equally between the Parties.

9.3. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

10. General

10.1. Entire agreement

10.1.1. These Terms contains the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

10.2. Governing law

10.2.1. These Terms are governed by the laws of New South Wales.

10.2.2. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

10.3. GST

10.3.1. If and when applicable, GST payable on the prices will be set out on the invoices. You agree to pay the GST amount at the same time as you pay for the session. Unless expressly stated otherwise, all amounts in these Terms are inclusive of GST.

10.3.2. The term “GST” has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

11. Definitions

11.1. In these Terms, unless the context otherwise requires:

Australian Consumer Law (“ACL”) means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time. Booking system means the online program used to make bookings and also where data will be stored when filling in a new customer form.

Consequential Loss includes any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise. Experiences mean Activities and is the service that we agree to provide to your child/children under these Terms. Children is taken to refer to both singular and plural and means the child or children participating in the experiences. Prices means the price to participate in the sessions as notified by us. Venue means the venue where the experiences are provided by us.