Please read these terms and conditions carefully. By subscribing to any of our courses you are deemed to accept these terms and conditions.
1. Services
We are Play Phonics (www.playphonics.net and sammysounds.playphonics.net) [email protected], 07920050533 (“we or “us”). We provide phonics drama classes for young children. We agree to provide you with classes on these terms and conditions. These terms, together with the online booking platform specifying the dates to which your booking relate, form the contract between us and you.
2. Duration
This contract will start on the date stated on the subscription confirmation and shall continue until you decide to cancel your subscription. You can CANCEL YOUR SUBSCRIPTION AT ANY POINT by visiting the 'billing' section in your dashboard. Your entitlement to watch an episode will only arise when you have successfully set up a monthly subscription with us. Even after cancellation, you will still be able to access your course right until your next payment was due.
3. Fees, Payment and Cancellation
Play Phonics operates on a monthly subscription model. You agree to pay the course fees on a monthly subscription basis. Monthly subscriptions can be made via our website (sammysounds.playphonics.net) (“our site”). Fees include VAT at the current rate, if applicable. We do not accept cash.
You can CANCEL YOUR SUBSCRIPTION AT ANY POINT by visiting the 'billing' section in your course dashboard. Your entitlement to watch an episode will only arise when you have successfully set up a monthly subscription with us. Even after cancellation, you will still be able to access your course right until your next payment was due.
3. 1
Fees for our standard package: £7.99 (charged once per month)
Fees for our bonus package: £10.99 (charged once per month)
You have access to a new episode (also known as 'classes') every 7 days until the termination of your subscription, or until you complete the course. Once a course is completed you have the option to repeat the course or move on to the next course level.
3.2 Seven Day Free Trial Period
Episodes (also known as 'classes') are added on a weekly basis. Therefore, during your seven day Free Trial period you will have access to one free episode (plus a support video for grown ups, if you have chosen the Bonus Package). In order to get a seven day free trial you must subscribe to one of our courses. You can cancel anytime (providing you cancel before your trial ends, no payment will be made). Unless you cancel your subscription, regular monthly payments will be taken automatically after your free trial period.
4. Booking Classes
To sign up to our episodes (also known as 'classes') you must subscribe to one of our courses through our site (sammysounds.playphnics.net) and sign up to one of our subscription packages. Subject to payment in accordance with paragraph 3, you will be allocated access to your chosen course(s) until you cancel your subscription or until you complete the course. Once a course is completed you have the option to repeat the course or move on to the next course level.
New episodes (also known as 'classes') will be added on a weekly basis.
5. Our Obligations
5.1. We will provide the classes with all reasonable care and skill.
5.2. We may make alterations to the content of the classes and the fee structure and we reserve the right to do so by giving you reasonable notice in writing at any time without liability.
5.3. Whilst it is our policy that we endeavour to ensure you always have the same teacher, we cannot guarantee this.
6. Props and Parental Responsibility
6.1. One parent or carer must accompany their child at all times during sessions.
6. 2 A parent or carer must ensure that the space is safe for their child to participate in the course
6.3. Please exercise all due care and diligence when supervising small children. We cannot be held responsible for any negligence during participation of our courses.
6.4 By subscribing to one of our courses for a child you are confirming that you are happy to supervise children throughout the session to ensure they participate safely. Parents/carers remain at all times solely responsible for the welfare, safety, care and conduct of their child.
6.5. Due to the physical nature of our sessions no food is to be consumed during our episodes (or 'classes') – this is due to the choking hazard presented.
7. Refunds and Cancellations
7.1 Play Phonics is under no obligation to provide refunds in the event that you are unable to watch your a episodes.
8. Events Beyond Our Control
8.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control (known as a “Force Majeure Event”).
8.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) non-availability of premises for any reason, strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
8.3. Our performance under these terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will not be required to provide classes for the duration of that period.
8.4. In such circumstances, there might be a delay before we can recommence the classes, having made reasonable efforts to limit the effect of any of those events and having reasonably kept you advised of the circumstances, but we will attempt to recommence the classes as soon as those events have been resolved.
9. Video and Photography
9.1. Play Phonics expressly forbids the right to reproduce any part of our course content in any form (e.g. on the internet, DVDs, photographs etc). Anyone suspected of reproducing the content of our courses or continually filming or photographing the lessons for any purpose of publication will have their course access terminated immediately and legal action will be taken.
10. Mailing List
Any personal data that we collect from you will be kept secure and we will fully comply with all applicable UK Data Protection, GDPR and consumer legislation. Please see our Privacy Notice for more information https://static1.squarespace.com/static/5171da33e4b010aac94f785b/t/5b06e9d1575d1f58ca9ce823/1527179730949/Play+Phonics+privacy+notice.pdf
11. Intellectual Property
The copyright in any class materials or systems which are used or provided by the teacher in connection with the classes shall remain vested in us or the licence owner. You may use such documents or systems only for purposes directly related to the classes and shall not make copies of such documents, nor use the same for any purpose not directly related to the classes without our prior written approval.
12. Limitation of Liability
12.1. Nothing in these terms shall exclude or in any way limit our liability to you for fraud, death or personal injury caused by our negligence or any liability which may not be excluded or limited as a matter of law.
12.2. Subject to paragraph 15.1 above, we will not accept liability for:
12.2.1. any loss, costs, claims, damages or expenses arising out of a breach of this contract by us which was not reasonably foreseeable by the us at the date of this contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process; or
12.2.2. any for indirect losses which happen as a side effect of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits, contracts or potential contracts or loss of anticipated savings.
13. Termination
13.1. Either you or we may terminate the contract at any time by a written notice of termination to the other if that other commits a serious breach, or series of breaches resulting in a serious breach, of these terms and the breach either cannot be fixed or is not fixed within 3 days of the written notice.
13.2. On termination of the contract for any reason, any remaining rights and liabilities of you and us will not be affected.
14. Other Important Terms
14.1. Assignment: We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the contract and may subcontract or delegate in any manner any or all of our obligations under the contract to any third party or agent.
14.2. Waiver: A waiver of any right under the contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
14.3. Severance: If a court or any other competent authority finds that any provision of the contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the contract shall not be affected.
14.4. If any invalid, unenforceable or illegal provision of the contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
14.5. No partnership: Nothing in the contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
14.6. Third parties: A person who is not a party to the contract shall not have any rights under or in connection with it.
15. Governing Law
This agreement and any non-contractual obligations arising in connection with it shall be governed by English law. The English courts shall have exclusive jurisdiction to determine any dispute arising in connection with this agreement, including disputes relating to any non-contractual obligations.
Play Phonics course leaders all have enhanced DBS