Terms & Conditions
TODDLERTASTIC – PLAY SESSION TERMS
We are Toddlertastic Pty Ltd (ABN 79 666 530 070). We provide children’s play sessions at which a parent or carer must be present. These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You accept these Terms by the earlier of (a) accepting these Terms on our website; (b) booking a play session (Session); or (c) making payment of any part of the Price.
Booking a Session
1.1 You may book a Session on our website by completing the booking form (Booking Request).
1.2 You must provide us with all information required in the booking form, including your name, contact numbers and email address. All personal information you provide to us will be treatment in accordance with our Privacy Policy.
1.3 Upon full payment of the fee outlined on the website (Price), your Booking Request will be confirmed and will become a Booking at which point we will send you a confirmation email with the details of the Booking. It is your responsibility to check the details in the email. You must pay the Price as set out on our website.
Cancellation Policy
1.4 You may cancel your Booking at any time by emailing us, identifying your Booking and requesting cancellation of your Booking. Your Booking will not be cancelled until we provide confirmation of the cancellation of your Booking in writing.
1.5 Where you cancel your Booking:
(a) more than 24 hours before the time of your Booking, the Price paid for the Booking will be refunded to you; and
(b) less than 24 hours before the time of your Booking, we reserve the right to charge you the full Price for the Booking and you will not be entitled to a refund for the Price. We will reschedule your Booking for another Session time, or alternatively you may transfer the Booking to another parent, provided they accept these Terms.
1.6 You agree the above cancellation fees are a genuine pre-estimate of our loss due to blocking your Booking date and time and preventing other clients from booking that Session date and time.
1.7 Our cancellation: Due to unforeseen circumstances, you acknowledge and agree that we may need to reschedule the date of your Booking. Where we need to reschedule a Booking, we will notify you at our earliest convenience and we will reschedule at a time to be agreed between the Parties. If the Parties cannot agree to a new Booking time, we will refund you the Price.
Session Attendance
1.8 During the Session, you agree:
(a) you are responsible for the supervision of your child; and
(b) you must closely monitor your child while they use any play equipment provided as part of the Session.
1.9 You consent to us, or any person acting on our behalf:
(a) taking photographs or film of you or your child during a Session, in any medium (Material); and
(b) to use, reproduce, publish, communicate or broadcast the Material whether altered or enhanced or in conjunction with any other images or text in any form (including in on our website or social media) for advertising, marketing or promotional purposes .
1.10 You agree that as between you and us, we own the copyright and related rights in the Material and that you do not have a right to inspect or approve the finished product that may be used.
1.11 You agree that you will not be paid or receive any benefits or royalties for appearing in the Materials unless otherwise agreed between you and us.
Waiver
1.12 You acknowledge and agree that the use of our play equipment during the Sessions, including our soft toys and ball pits, may involve both known and unknown inherent risks, including, but not limited to, physical injury from falling, slipping, crashing, illness, injury, damage or loss to any participant. You agree that our play equipment must be used under your supervision and in accordance with the safety guidelines and instructions we provide to you, and you voluntarily assume all risks associated with the use of the play equipment by your child.
1.13 To the maximum extent permitted by law, we will not be liable for, and you agree to waive and release us from and against any loss or liability arising from or in connection with any personal injury or death caused or contributed to by the your child’s participation in the Session, including but not limited to, reasonable fees and costs arising by reason of injury, damage, or death to persons or property, in connection with or resulting from the use of the play equipment, except where the foregoing is caused by our reckless conduct.
Other Terms
1.14 Variations: Changes to the Terms need to be written and agreed upon by both parties.
1.15 Termination for breach: These Terms can be terminated by either party (the Non-Defaulting Party) with immediate effect if the other party (the Defaulting Party) fails to fulfill a significant obligation under these Terms. If the Defaulting Party does not correct the breach within 10 business days after receiving written notice from the Non-Defaulting Party, the Non-Defaulting Party has the right to terminate these Terms immediately.
1.16 Subcontracting: We may provide the Services through our subcontractors in our discretion. Any subcontractors we employ will adhere to the terms of these Terms as if we were performing the Services directly.
1.17 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the parties.
1.18 Governing Law and Disputes: These Terms governed by the laws of New South Wales. In the event of a dispute, the parties will first attempt to resolve the matter through mutual discussion or mediation.
