Terms & Conditions
At BilinguaSing we want to ensure that both you and your child experience a wonderful time in class. To this end, we kindly request that you embrace and comply with these terms and conditions at all times as these are the terms on which we supply our services.
Please read these terms carefully before you submit your Booking Form to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem, the rules you must follow to reduce the risk of coronavirus and other important information. If you think that there is a mistake in these terms, please contact us.
1.These Terms and Conditions
1.1.By submitting a Booking Form to BilinguaSing, you are signifying your agreement to and acceptance of our Terms and Conditions.
1.2.The Terms and Conditions may be amended or updated by BilinguaSing from time to time and you will be notified if there have been any changes. All references to the Terms and Conditions refer to these Terms and Conditions as amended and updated from time to time.
1.3.The Parent acknowledges and accepts that it is contracting withBilinguaSing Birmingham South, Lucy Abraham, a franchisee of BilinguaSing Limited and not BilinguaSing Limited. Therefore, the Parent shall have no cause of action whatsoever against BilinguaSing Limited whether in contract or otherwise.
1.4.You can contact us by telephoning or messaging 07539 863024 or by writing to us at BilinguaSing Birmingham South, 51 Lonsdale Road, Birmingham B17 9QX or by email to lucy@bilinguasing.com.
1.5 If we have to contact you, we will do so by telephone, SMS or WhatsApp message or by writing to you at the email address or postal address you provide to us in your Booking Form.
2.Definitions
2.1. Agreement means these Terms and Conditions and the Booking Form.
2.2. BilinguaSing means the franchisee of BilinguaSing Limited with whom the Parent has entered into this Agreement, in this case BilinguaSing Birmingham South, Lucy Abraham.
2. Booking Form means the form relating to the booking of the Class(es) and which incorporates these Terms and Conditions.
2.4. Carer means the person/persons who attend the Class(es) or any part of it, with the Child as authorised by the Parent.
2.5. Child / Children means the child or children who attend the Class(es) whose details are specified by the Parent on the Booking Form and any other child otherwise permitted by BilinguaSing to attend the Class(es) with the Parent or Carer.
2.6. Class(es) means a class / classes taught by BilinguaSing at the Premises.
2.7. Fee means the amount payable for the Class(es) as detailed in the Booking Form.
2.8. Trial Taster Class means the specific Online Class the Parent and Child will have access to trial a session and which are subject to these Terms and Conditions
2.9. Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following: civil commission, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or fire, explosion, storm, flood, earthquake, subsidence, pandemic (including coronavirus), epidemic or other natural disaster; or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or impossibility of the use of public for private telecommunications networks. BilinguaSing obligations under these Terms are suspended for the period that the Force Majeure Event continues. BilinguaSing will take reasonable steps to bring the Force Majeure Event to a close or to switch to an online teaching platform by which its obligations under these Terms can be performed despite the Force Majeure Event.
2.10. Parent means a parent or legal guardian who will be responsible for the payment of fees, and who is the contracting party to this Agreement.
2.11. Premises means the premises at which BilinguaSing provides the Class(es).
2.12. Term denotes the periods throughout the year during which we run regular Classes.
3.Booking, Payment and Cancellation
3.1. Classes must be booked using the Booking Form and the Fee must be paid in advance of the Term or the Class.
3.2. Payment of the Fee shall be due to BilinguaSing within 7 (seven) days from the date the Booking Form is submitted by the Parent. If payment is not received within 7 days from the date the Booking Form is submitted, a Childs place is not confirmed or guaranteed.
3.3. Only when the Booking Form and payment of the Fee is received will your booking be confirmed.
3.4. If we are unable to accept your booking and the Fee has been paid, we will inform you of this in writing and refund you the Fee paid.
3.5. Term and Class dates are available to view on the local page of the BilinguaSing website: www.bilinguasing.com/find-a-class/birmingham-south/ .
3.6. The Fee is non-refundable under any circumstances except with the prior written agreement of BilinguaSing, unless, where the Child has not yet attended a class that term. If agreed by both parties AND the child/guardian has not yet attended a class (with the exception of an online trial session), the Fee already paid will be refunded in full to the Parent by BilinguaSing.
3.7. No portion of the Fee will be refunded once the Term has begun and Classes have started or for any Class(es) which have been missed except as stated above at clause 3.6.
3.8. Without prejudice to clause 3.7 and notwithstanding that BilinguaSing is unable to offer concessions for missed classes due to sickness or holidays, in certain circumstances and solely at the discretion of BilinguaSing, the following options may be available:
3.8.1. Online classes will be made available as a direct replacement for the sessions missed.
3.9.Missed Class(es) cannot be carried over to the next Term.
3.10. BilinguaSing may cancel this Agreement at any time and for any reason whatsoever. If the Agreement is cancelled by BilinguaSing, the unused portion of the Fee will be refunded to the Parent.
3.11. BilinguaSing will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Agreement that is caused by events outside its reasonable control (Force Majeure Event).
3.12. In the event of any class cancellations due to coronavirus (lockdown, illness/self-isolation of the teacher delivering the classes) then the remaining classes will be delivered online. A refund will not be offered.
3.13. If for any reason the usual teacher is unable to run a Class, then BilinguaSing will do its best to provide another BilinguaSing teacher. If this is not possible, BilinguaSing will, at its sole option, either (i) reschedule the Class by adding another Class during the half term or end of term break, or (ii) will refund the Fee for that Class.
3.14. The Parent acknowledges and agrees that BilinguaSing reserves the right to replace any teacher of a Class without notice to the Parent at any time prior to that Class without any liability arising from such a change except in accordance with these Terms.
3.15. Parents may book one trial Online Taster Class subject to these Terms and Conditions.
4.0 BilinguaSing Classes
4.1. Unless prevented from doing so by circumstances out of its control (Force Majeure Event), BilinguaSing will provide Classes which:
4.1.1 conform in all material respect to their description;
4.1.2 are carried out with reasonable skill and care;
4.1.3 be fit for the purpose that BilinguaSing determine it is fit for, or the purpose for which the Parent uses the Classes in mind of their description; and
4.1.4 comply with all applicable statutory and regulatory requirements for supplying the Classes in the United Kingdom.
4.2 These Terms apply to any replacement Classes BilinguaSing supply to the Parent in the unlikely event that the original Classes do not conform with these Terms.
4.3 BilinguaSing only supplies the Classes for domestic and private use, and the Parent agrees not to use the Classes or information received from the Classes for any commercial purpose.
5.0 Attending Classes Code of Conduct
In order to create a relaxed and comfortable environment for all attendees and to reduce the risk of coronavirus, we ask that you comply with the code of conduct below:
5.1 Classes will start on time and Parents / Carers must arrive 5 minutes before the Class.
5.2 During the Class, mobile phones must either be switched off or on silent.
5.3 The BilinguaSing environment is relaxed and sociable, however to show respect for the group, general chatter must be kept to a minimum to ensure that the teacher can be heard and that the focus is kept on the children.
5.4 Place markers are available for parents to sit to allow sufficient space between each family.
5.5 We ask that no food or drink is consumed during the Class. If a child needs to be fed for medical reasons please ensure this information is provided on the Booking Form. If parents wish to eat and drink, they will need to leave the room and wash/sanitise their hands before re-entering. Babies are welcome to be bottle-fed or breastfed at any time during the Class.
5.6 If the teacher of a Class determines that the Parent / Carer and Child are disruptive, the teacher on behalf of BilinguaSing, shall be entitled to exclude the Parent / Carer and Child from the Class. The Parent / Carer agrees that the determination of whether a Parent / Carer and / or Child is disruptive will be determined by the BilinguaSing teacher and the Parent agrees and accepts that the decision of the BilinguaSing teacher is final.
5.7 To reduce the risk of coronavirus, parents and children are required to wash and sanitise their hands before and after each session and remove their outdoor shoes before entering the activity area. Shoes will be left in the designated area.
5.8 No prams or buggies will be allowed into the activity area, however car seats are welcome.
5.9 The class teacher has the right to refuse entry to any person displaying symptoms of coronavirus and we reserve the right to carry out temperature checks.
5.10 If bringing your child to a school age session, we require a parent/guardian to remain on site at all times and maintain social distancing guidelines.
5.11 Please avoid using public transport when travelling to attend class.
5.12 Face coverings are completely optional.
6.0 Parent / Carer Responsibilities
6.1 The Parent warrants and represents that:
6.1.1 the information set out in the Booking Form whether completed and or accepted / signed by the Parent or by the Carer on behalf of the Parent, is accurate in all respects and the Parent will notify BilinguaSing of any change in such information immediately;
6.1.2 when attending a Class, neither the Child nor the Parent / Carer will be knowingly suffering from any illness, infectious disease (in particular, coronavirus) or anything similar thereto. We ask parents not to attend if they or their child has an infectious disease or illness.
6.2 The Parent acknowledges and agrees that:
6.2.1 he or she is solely responsible for the health, safety, welfare and care of the Child;
6.2.2. the Child will not be left unattended at any time;
6.2.3 the Child attending the Classes shall be deemed to be under the Parent or the Carer’s direction, care and control throughout the Classes and the Parent / Carer shall be responsible for the welfare and conduct of the Child throughout the Classes
6.2.4 it is the Parent / Carer’s decision as to whether or not to participate in the activities proposed by the BilinguaSing teacher during the Class and that the Parent / Carer can opt out of any activities that he or she considers to be unsuitable for the Child;
6.2.5 the Parent / Carer is solely responsible for supervising the Child and their use of any props and we ask that parents are vigilant and do not allow the sharing of props amongst other children in the class;
6.2.6 the Parent / Carer will comply with all health and safety rules and procedures in place at the Premises where the Class is held.
6.3 The Parent shall indemnify and keep indemnified BilinguaSing against all loss, liability, costs and expenses which BilinguaSing shall incur directly or indirectly as a consequence of any action or inaction of the Parent, the Carer or the Child.
6.4 No toys or other equipment is to be brought or used during the class.
7.0 Exclusion of Liability
7.1 Subject to clause 7.2, if BilinguaSing does not comply with these Terms and Conditions it shall not be responsible for any loss that the Parent / Carer suffers as a result, except for those losses which it could reasonably foresee would result from the failure to comply with these Terms and Conditions.
7.2 BilinguaSing shall not be responsible to the Parent, Carer or Child for losses that result from its failure to comply with these Terms and Conditions including, but not limited to, losses that fall into the following categories:
7.2.1 loss of income or revenue;
7.2.2 loss of business;
7.2.3 loss of anticipated savings; or
7.2.4 loss of data.
However, this clause 7.2 shall not prevent claims for foreseeable loss of, or
damage to, the Parent’s physical property.
7.3 Clause 7 does not exclude or limit in any way BilinguaSing’s liability for:
7.3.1 death or personal injury caused by our negligence; or
7.3.2 fraud or fraudulent misrepresentation; or
7.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
7.3.4 any other matter for which it would be illegal or unlawful for BilinguaSing to exclude or attempt to exclude its liability.
7.4 The Parent agrees that any claim against BilinguaSing or any teacher, practitioner, employee or agent of BilinguaSing must be brought within 60 days of the event that gave rise to such claim. The Parent agrees any claim made thereafter should be discussed.
7.5 The Parent acknowledges, warrants and undertakes that the maximum aggregate liability of BilinguaSing to the Parent under these Terms and Conditions shall not exceed the Fee paid.
7.6 All warranties and conditions whether implied by statute or otherwise are so far as is permitted excluded from these Terms and Conditions.
8.0 General
8.1 Each of the paragraphs of these Terms and Conditions 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.
8.2 The failure by either party to enforce any obligation under these Terms and Conditions at any time or for any period shall not be a waiver of them or of the right at any time subsequently to enforce all the obligations arising under these Terms and Conditions.
8.3 These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements and understandings between the parties. It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party and which is no contained herein shall be binding or form part of these Terms and Conditions.
8.4 No term of the Terms and Conditions will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
8.5 This Agreement shall be governed by English law and each party irrevocably submits to the exclusive jurisdiction of the English courts.