These terms and conditions (the “Term and Conditions”) govern the use of www.life-101.co,uk (the “site”). This site is owned and operated by Be Kind Ltd (trading as Life 101). This is a legally binding contract and these terms and conditions will apply to you “the customer” if you use the site. It is your responsibility to familiarise yourself with them before you book or purchase any product or service from us. If you do not agree to abide by these Terms and Conditions please do not book a place on one of our courses.

We reserve the right to modify, cancel or append to these Terms and Conditions. The current Terms and Conditions always appear here on our website https://life-101.co.uk/terms-conditions. On booking a course the most recent Terms and Conditions shall apply.

Definitions
“Course” is a course that we have agreed, verbally or in writing, that your child may attend.

“Inform”, “Notify”, “Communicate” and “Contact” are the processes by which we exchange information and enter into contracts regarding our products and services.

Our “Website” is www.life-101.co.uk

“Life 101”, “we”, “us” or “our” refers to Be Kind Ltd trading as Life 101.
“Our staff/team”, “Our staff” and “Our team” refers to people providing the services on behalf of Life 101.

“Waiting List” is a list maintained by us comprising children who wish to attend a particular course which is over-subscribed.

“You” refers to a person or organisation booking a place on one of our courses or buying products or services from us

“Your child” is any child for whom you are nominated as an authorised adult on the Booking Form regarding your dealings with us and we therefore deem to be in your care. “Children” shall be construed accordingly.

“Booking form” is the online form you are required to complete when booking one of our courses online. We use a third party ”Ticker Tailor’ to complete the booking process.

1. Sale of services

1.1 These terms and conditions govern the sale of services available on our site. The following services are available: Courses.

1.2 The services will be paid for in full when the services are booked (until you choose to pay by Bacs, in which case they must be paid for within 2 days of the booking being submitted).

1.3 These terms and conditions apply to all the services that are displayed on our site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot the accuracy of all services we provide. You agree to purchase services from our site at your own risk.

1.4 We reserve the right to modify, reject or cancel your booking at our sole discretion without any liability to the customer. If we cancel your order and have already processed your payment, we will give you a refund equivalent to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

1.5 Once the booking is accepted by us, we reserve the right to refuse entry to a course if payment has not been made or if the information provided by the customer in the booking is misleading or inaccurate.

2. Payments

2.1 We accept the following payment methods: credit/debit card and BACS.

3. Cancellation by you or us

Please view our cancellation policy https://life-101.co.uk/cancellation-policy and ensure you agree to abide by the policy before booking a place.

4. Consumer protection law

Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these terms and conditions will not limit your legal rights and remedies under that legislation.

5. Links to other websites

Our site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies or practices of any third party website or service linked to on our site. It is your responsibility to read the terms and conditions and privacy policies or these third party websites before using these sites.

6. Our services

6.1 Information related to our course can be found in the course description on our website and brochures. Please ensure you read the description fully and ask any questions you may have about the content prior to booking the course.

6.2 We will deliver the course to you with reasonable skill and care and will ensure our course facilitators have an Enhanced Disclosure Barring Service check which is valid within the past three years. We will make every reasonable effort to ensure that the course is delivered to you in accordance with the representations made to you. However, we reserve the right to;

6.2.1 change the facilitator of the course;
6.2.2 reschedule the course for another date;
6.2.3 cancel the course;

6.3 Life 101 shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in delivering the course.

6.4 We are the owner or the licensee of the content of, and materials used and distributed in the course, and we will be the owner of all intellectual property generated as part of the course. Except as permitted by law, you may not copy, distribute or display or issue to the public such content and/or materials without first obtaining our written permission.

6.5 You agree that the content of, and materials used in, the course are our confidential information. You may not disclose them to anyone else without first obtaining our written permission and you must safeguard them as if they were confidential information of your own.

7. Customer obligations

7.1 The customer should familiarise themselves with our cancellation and behaviour policies before booking a place on the course.

7.2 The customer shall complete and submit the booking form in full and make Life 101 aware of any information that will help Life 101 to provide the best service possible during a Course. The customer shall disclose all important information to Life 101 related to their child who is attending the course, in particular any behavioural, medical and health information including (without limitation) any medical illnesses and conditions and allergies.

7,3 The Customer warrants that it has the necessary authority to enrol the child in the Course.

7,4 The Customer shall pay Life 101 the course fee in full in advance of the commencement of the Course. The cost of the course and valid methods of payment are available on our website.

7.5 If full payment is not received at the time of booking the course. we reserve the right to cancel the booking.

7.6 Any discounts must be claimed at the time of booking. No retrospective discounts or refunds will be offered.

7.7 The Customer shall make arrangements to collect their child at the end of the Course at the time and date specified. If a Customer fails to pick up the child and Life 101 is unable to contact the Customer or their recommended emergency contact, Life 101 will contact the local Social Services authority.

8. Exclusions

8.1 In the event that we consider:

a) you are in breach of any of these Terms and Conditions or any regulations issued from time to time by us;
b) the behaviour of your child is disruptive or likely to put other children or Life 101 staff in danger; or
c) your behaviour towards us, other customers, children in their care or our suppliers, is disruptive, inappropriate, consistently negligent (including late collection of your child) or likely to bring us or any of our products or services into disrepute, we reserve the right to exclude your child from any Life 101 course or part thereof. This would always be a last resort.

8.2 In the event that your child is excluded, no fees or deposits will be repaid to you and we reserve the right to seek payment of the balance of any fees due to us.

8.3 The Customer shall be responsible for any unruly behaviour of the child during the Course and any damages caused by their child during a Course.

9. Health and Safety

9.1 Children participate at their own risk and are obliged to inform Life 101 and its staff of any existing injuries or medical condition. All booking forms must have any known medical conditions or additional needs stated and any changes to such information must be notified to Life 101 immediately in writing.

9.2 The Customer shall ensure that their child is accompanied with any medicines that they might require and that any medication left with Life 101 must be clearly labelled and the child should, unless we have agreed in writing otherwise, be able to administer it themselves.

9.3 By providing instructions on how to administer medicines, the Customer is consenting to the Life 101 team administering such medicines as specified to the child. Life 101 hereby excludes liability and does not take any responsibility on any side effects of such medication on the child.

9.4 If you are unsure whether a child should participate in any activity please consult the child’s GP before booking them on our course

9.5 Children must wear suitable footwear and clothing at all times.

9.6 If a child is unwell or has an accident requiring emergency treatment, the parent will be contacted via the emergency contact details provided to us at the time of booking. This number must always be contactable whilst the child is attending the course.

9.7 Parents are solely responsible for ensuring that the emergency contact details on Life 101’s records are up to date.

9.8 While we take care to conduct our courses in a safe and responsible manner. We do not accept liability for the injury or death of any child that may happen whilst the child knowingly and willingly attends and/or participates in our courses at the venue where our courses are held, other than in respect of any liability which arises from our negligence or our failure to take reasonable care.

9.9 Life 101 will keep a written record of any injury that occurs during the courses and inform the customer.

9. Safeguarding

9.1 We have a responsibility to keep children safe and to follow safeguarding procedures and information sharing as and when required. More information can be found in our Safeguarding Policy here https://life-101.co.uk/safeguarding-policy

10. Personal property

10.1 Children are obliged to take care of their own belongings. We can accept no liability for lost or damaged belongings.

10.2 You acknowledge that the maximum aggregate liability of Life 101 to a child or parent under these Terms & Conditions shall not exceed the course fee to which a claim relates.

10.3 The liability of Life 101 and that of its staff is restricted to course time only and then only to gross negligence.

11. Use of personal information

11.1 The personal data (as it is defined in the Data Protection Act 2018) of a child and/or Parent will be processed by us in accordance with our Privacy Policy, which can be found here https://life-101.co.uk/privacy-policy . A hard copy of the Privacy Policy can be requested from hello@life-101.co.uk

12. Marketing

12.1 Occasionally, we may take photographs or films of children during courses. We may use these images or films in our marketing materials or in other printed or digital publications that we produce, as well as on our website or in social media. To comply with the Data Protection Act 1998 which was subsequently amended by the Data Protection Act 2018, we need the customer’s permission before we can photograph their child.

12.1.2 Express confirmation given on the booking form constitutes the customer’s consent to such images and films being used.
12.1.3. Even when permission has been given (12.1.2), we will not use the personal details or names of any child or adult in a photographic image or video, on our website, in social media or in any of our other printed or digital publication unless we have specifically asked permission to do so.

12.2 We will only use images and films of children who are suitably dressed, to reduce the risk of such images and films being used inappropriately.

12.3 The Customer may at any time write to us and update the information stored by us. The Customer may at any time withdraw its consent to have photographs of their child being taken by emailing hello@life-101.co.uk

13. Our liability

13.1 Nothing in these terms and conditions limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.

13.2 Subject to paragraph 13.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with a Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.

13.3 You shall notify us as soon as reasonably practicable after becoming aware of any matter in respect of which we may incur any liability to you in negligence, for breach of these terms and conditions or otherwise. Subject as otherwise provided herein, if you fail to make such notification within two (2) weeks of becoming so aware, you will not be entitled to make any claim against us in relation thereto (and we shall not incur any liability to you in relation to such matter). In the event that a matter is properly notified as above, and subject as otherwise provided herein, our liability to you in respect of any breach of these terms and conditions or for negligence or otherwise shall not exceed the amount of the fees payable by the you to us in connection with the course.

13.4 Except as expressly stated in these terms & conditions, we do not give any representation, warranties or undertakings in relation to the course. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the course is suitable for your purposes.

13.5 You shall indemnify us and keep us indemnified from and against any claims, losses, costs, expenses, damages, or liability made against or incurred by us or our staff/team in connection with:
• Any breach of these terms and condition by you or your child;
• Damage, theft or injury caused to other participants or their personal property by your child during the course;
• Damage, theft or injury caused to our staff/team or our staff/team’s property by your child during the course; and
• Any negligent or wilful default of you or your child during a course.
• We will take all reasonable steps to ensure a child is not hurt by another child (either physically or verbally) during a course. However, we cannot be held responsible for the actions of another child and accepts no liability for a child being injured by another child.
• We accept no liability and hereby excludes all liability for any, losses, claims, expenses, costs or damages arising from the location at which the course is held. This includes one’s private residence if the course is taking place online.
• We accept no liability and hereby exclude all liability for any claim, loss, expenses, costs or damage arising from: any negligence, misconduct, dishonesty or lack of skill on the part of our staff/team; any injury caused to your child or damage to your child’s property; and the provision of the services, the course and the engagement.
• We will take all reasonable steps to ensure a child is not hurt during a course but accept no liability for injuries that occur during a course.

14. Events outside our control

14.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in paragraph.

14.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15. Complaints

If you have a complaint, please request a copy of our complaints policy by emailing hello@life-101.co.uk

16. Communications between us

16.1 When we refer, in these Terms, to “in writing”, this will include email.

16.2 If you wish to contact us in writing, or if any paragraph in these Terms requires you to give us notice in writing, you can send this to us by email to hello@life-101.co.uk or by post to 59 Dukes Wood Avenue, Gerrard Cross, SL9 7JY. We will confirm receipt by contacting you in writing, normally by email.

16.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

16.4 Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

17. Other important terms

17.1 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

17.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.3 In the event that one or more of the provisions of the Agreement are found to be unlawful or otherwise unenforceable, those provisions shall be deemed severed from the remainder of the Agreement.

17.4 It is not intended that any of the terms of these Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to these Conditions.

17.5 The Agreement shall be governed by, and construed in accordance with, the laws of England and Wales and any dispute, proceedings or claim shall fall within the jurisdiction of the English courts.