Please read the following important terms and conditions before you buy anything on our website and check that you fully understand the terms and are happy to agree to the same.
These terms and conditions shall apply to your current booking. However, any new bookings made with us on your account may be subject to revised or different terms and conditions so it is important that you read our terms and conditions each time a new booking is made with us.
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- ‘We’, ‘us’ or ‘our’ means Learn and Move Ltd (CRN: 08406453); and
- ‘You’ or ‘your’ means the person using our site to buy services from us.
If you don’t understand any of this contract and want to talk to us about it, please contact us by:
- email: firstname.lastname@example.org (Monday to Saturday: 9am to 5pm); or
- telephone: 01782 205915 (Monday to Saturday: 9am to 5pm).
Who are we?
We are Learn and Move Ltd (trading as Bee Active), a company registered in England and Wales under company number 08406453.
Our registered office is at Unit 1, Trent House, Dunning Street, Tunstall, Stoke on-Trent ST6 5AP.
Our VAT number is 193950572.
We are registered with Ofsted. Our Ofsted registration numbers are available on request.
1.1 If you buy services on our website you agree to be legally bound by this contract.
1.2 You may only buy services from our site for non-business reasons.
1.3 This contract is only available in English. No other languages will apply to this contract.
1.4 When buying any services you also agree to be legally bound by:
1.4.1 the documents referred to in these terms and conditions;
1.4.2 our website terms and conditions and any documents referred to in them;
1.4.3 extra terms which may add to, or replace some of, this contract. This may happen security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you reasonable notice; and
1.4.4 specific terms which apply to certain services. If you want to see these specific terms, please visit the relevant webpage for the services at any time during the online checkout process.
All of the above documents form part of this contract as though set out in full here.
2. Information we give you
Regulations 2013 say that we must give you certain key information before a legally binding
contract between you and us is made. If you want to see this key information, please contact
us using the contact details at the top of this page. Most of the information is contained within
these terms and conditions or on the specific venue’s page on our website.
2.2 The key information we give you by law forms part of this contract (as though it is set out in
3. Your privacy and personal information
4. Booking services with us
4.1 Below we set out how a legally binding contract between you and us is made.
4.2 You make a booking on our website by creating an account and completing the online booking process. Please read and check your order carefully (including dates, location and child details) before submitting it. If, following submission of your order, you discover that the order is incorrect for any reason, please contact us as soon as possible and in any event within 2 days. We will use reasonable endeavours to change your booking for you, subject to availability. If we cannot accommodate the changes, we will provide you with a refund of the booking price (or the relevant part thereof, as applicable). After 2 days, our cancellation policies detailed below shall apply.
4.3 When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
4.4 We may contact you to say that we do not accept your order. This is typically for the following
4.4.1 we cannot carry out the services;
4.4.2 we cannot authorise your payment;
4.4.3 you are not allowed to buy the services from us;
4.4.4 we are not allowed to sell the services to you; or
4.4.5 there has been a mistake on the pricing or description of the services.
4.5 We will only accept your order when we email you to confirm this (Order Confirmation). At this point:
4.5.1 a legally binding contract will be in place between you and us; and
4.5.2 we will provide the services as agreed during the online checkout process.
4.6 You will be sent an Order Confirmation once you have submitted your order and paid the price for the services.
4.7 If you are under the age of 18 you may not buy any services from our website.
5. Information we need from you
5.1 At the time of booking we will require from you:
5.1.1 your child’s name, address, date of birth and contact details of those persons to contact in relation to any matters concerning your child;
5.1.2 any information regarding your child which may affect the provision by us of our services including any information that we ought reasonably be informed of to allow us to deliver the services to your child safely and effectively (including but not limited to any medical conditions, physical conditions, dietary requirements, allergies, injuries, disabilities, special arrangements, assistance needs, any requirements for one-to-one care, safeguarding concerns and/or behavioural needs concerning your child).
5.2 If your child is required to take medication whilst in our care, we will, at the beginning and end of each session, require you to complete and sign a medication form confirming the type of medication to be administered, when and how much administration is to occur and to acknowledge that the medication has been administered by us.
5.3 We will also require you to sign a consent to treatment form regarding any first aid or other medical treatment to be administered or medical decisions to be made on your child’s behalf whilst in our care.
5.4 If you fail to provide us with the information we need to safely provide the services to you and your child, we reserve the right to cancel your booking (or any part thereof). There will be no refund made by us of the booking price (or any credit offered) in these circumstances.
5.5 You must immediately inform us if any information provided to us in respect of your child changes.
5.6 You must be available and on hand to collect your child on request from us to do so. For example (but not limited to) if your child becomes unwell whilst in our care.
6. Carrying out the services
6.1 Any photographs, videos, marketing, descriptive matter, promotional material or advertising issued by us, and any descriptions or illustrations contained in our catalogues or brochures or on our website are illustrative only and issued or published for the sole purpose of giving an approximate idea of the services described in them. They shall not form part of this agreement or have any contractual force unless otherwise expressly stated. Not all activities noted on our website are available at all of our venues. Please refer to the relevant venue page on our website for the specific activity programme or session that is included within your booking.
6.2 We shall supply the services on the dates set out during the online checkout process and in the Order Confirmation (see clause 4.5 ) and/or such other dates as are agreed between the parties in writing from time to time in accordance with the terms of this contract.
7. What your child needs to bring with them to sessions/activities
7.1 It is your responsibility to ensure that your child is suitably dressed and has appropriate clothing for the activities to be undertaken during the services purchased. This is likely to always involve physical activity. You are also responsible for ensuring that your child is suitably dressed for any forecast weather conditions.
7.2 From time to time we may contact you if we require your child to bring specific items to a session or activity.
7.3 We advise that any items brought along to sessions or activities by your child are labelled with your child’s name for identification purposes.
7.4 We do not allow valuable items, toys or electronic devices to be brought to sessions. If your child brings such items along we may confiscate and store such items safely and return them to you when you collect your child. Soft comfort toys, teddies or blankets are permitted if used by your child as a comforter.
7.5 We accept no responsibility or liability for any loss or damage caused to or theft of any of your or your child’s belongings. These are brought to the venue entirely at your own risk.
8. Food and drink
8.1 You are responsible for ensuring that your child brings along to the session, as appropriate, a suitable healthy packed lunch, snacks and drinks. We will not provide any food or drinks to your child unless we have otherwise agreed to do so in writing. You must however make us aware if your child has any specific dietary requirements or allergies.
8.2 We promote healthy eating and so healthy food, snacks and drinks are encouraged.
8.3 We do not have the facilities to warm meals and so meals and snacks that can be eaten cold only must be provided unless otherwise agreed by us.
8.4 We do not allow fizzy drinks to be consumed at any of our sessions. If your child brings a fizzy drink along with them, it will be confiscated and returned to you at the end of the session.
9. Non-participation in certain activities
We are entitled to deem a child unable to participate in certain activities during the provision of our services if, in our reasonable opinion, we feel that child will be unable to engage safely in that activity due to a physical, medical, health or other condition or due to a lack of required skill and/or competence to undertake that activity. In these circumstances, we would arrange for your child to undertake a suitable alternative activity.
10. Right to cancel within 14 days of the conclusion of the contract
10.1 You have the right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if you requested for us to start providing the services during the cancellation period and the services are fully performed (i.e. the work is completed) during this period. This is further explained in clauses 10.5 and 10.6 below.
10.2 The cancellation period will expire after 14 days from the day of the conclusion of the contract.
10.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) using the contact details here.
10.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
10.5 We will not start providing the services during the 14-day cancellation period unless you ask us to. When you place a booking for services with us, you will be given the option to tick a box to request for us to start providing the services during the cancellation period. By ticking the box, you acknowledge that you will lose your right to cancel this contract once the services are fully performed (i.e. the work is completed). If you do not tick the box, we will not be able to start providing the services to you until the cancellation period has expired. We are not obliged to accept your request.
10.6 This means that if you requested for us to start providing the services during the cancellation period and the services are fully performed (i.e. the work is completed) during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.
11. Effects of cancellation by you within 14 days
11.1 Subject to clause 11.4 , if you cancel this contract, we will reimburse to you all payments received from you unless you requested for us to start providing the services during the cancellation period, in which case you must pay us:
11.1.1 for the services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the services performed up to that point in comparison with the full price under this contract (on a session by session basis); or
11.1.2 the full price under this contract if you lost your right to cancel this contract because the services were fully performed during the cancellation period.
11.2 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
11.3 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
11.4 If you have used childcare vouchers to pay for the services, we will be unable to issue a refund of the price paid but will be able to offer Bee Active credits (see clause 21 ) for the price in question (or the relevant part thereof).
12. Cancellation by you after 14 days
12.1 If you cancel this contract in full (or any specific session forming part of the contract, as the case may be) after the expiry of the 14-day cancellation period referred to in clause 11 the following provisions shall apply unless otherwise agreed by us in writing:
12.1.1 if you cancel the contract or any session (as the case may be) on a date that is more than 7 days before the session in question or, in relation to a cancellation of the whole contract, the first session, is to take place, no cancellation charges will apply. If you have paid for the contract or intended session (as the case may be) in full, we will, at our sole discretion, provide you with Bee Active credits or a refund for an amount equal to the price of the contract or relevant session (as the case may be);
12.1.2 if you cancel the contract or any session (as the case may be) more than 2 days but less than 8 days before the session in question or, in relation to a cancellation of the whole contract, the first session, is to take place, a cancellation charge equivalent to 50% of the contract or relevant session price (as the case may be) shall be payable by you. If you have paid for the contract or session (as the case may be) in full, we will, at our sole discretion, provide you with Bee Active credits or a refund for an amount equal to 50% of the price of the contract or the relevant session (as the case may be);
12.1.3 if you cancel the contract or session (as the case may be) less than 3 days before the session in question or, in relation to a cancellation of the whole contract, the first session, is to take place, a cancellation charge equivalent to 100% of the contract or the relevant session price (as the case may be) shall be payable by you.
12.2 Any amounts payable by you under this clause 12 shall be paid immediately on demand.
12.3 To cancel a booking or session with us, please write to or email us using the contact details noted above confirming the booking or sessions you wish to cancel. Your booking or sessions will be cancelled when you receive confirmation of cancellation from us, which will be sent by email.
12.4 If you have used childcare vouchers to pay for services, we will be unable to issue a refund of any amount received.
13. Cancellation by us and events beyond our control
13.1 It is unlikely that we will cancel your booking but if we need or wish to cancel this contract (or any sessions under this contract) for any reason other than cancellation under clause 5.2 or clause 18.2 or because of a breach by you of the contract or because of the occurrence of an event beyond our control (see clauses 13.2 to 13.6 (inclusive) below), we will notify you as
soon as reasonably possible after we become aware of the need to cancel the contract. We will, in the event of a cancellation under this clause 13.1, offer you a full refund of the booking price (or session price, as the case may be) less the charges for the services already provided or made available to you up to the date of cancellation under this clause 13.1.
13.2 Our carrying out of the services might be affected by events beyond our reasonable control. If so, there might be a need for us to suspend our services (which could include suspension of the services on a session date while the session is taking place) or postpone your booked sessions. We will make reasonable efforts to limit the effect of any of those events and will try to restart the services by rescheduling the booked sessions as soon as those events have been fixed/ceased to exist.
13.3 Examples of events which might be beyond our reasonable control include:
13.3.1 an act of God, fire, flood, drought, earthquake, windstorm, snowstorm, heavy snow or other natural disasters;
13.3.2 an act of any sovereign including war (or threat of, or preparation for war), armed conflict (or threat of, or preparation for, armed conflict), invasion, an act of foreign enemies, hostilities (whether war be declared or not), rebellion, revolution, insurrection, military or usurped power or confiscation;
13.3.3 acts of terrorism, civil war, civil commotion or riot (or the threat of, or preparation for, acts of terrorism, civil war, civil commotion or riot);
13.3.4 civil emergency (whether an emergency be declared or not);
13.3.5 fire or explosion;
13.3.6 adverse weather conditions;
13.3.7 nationalisation, requisition, destruction or damage to property by or under the order of any government or public or local authority;
13.3.8 embargo, blockade, the imposition of sanctions or breaking off of diplomatic relations or similar actions;
13.3.9 radioactive, nuclear, chemical or biological contamination or sonic boom, pressure waves caused by aircraft travelling at sonic or supersonic speeds;
13.3.10 law, or governmental order, rule, regulation or direction, judgment, order or decree;
13.3.11 epidemic or pandemic;
13.3.12 interruption or failure of utility service including to electric power, gas or water;
13.3.13 any action taken by a government or public authority, including, but not limited to, a failure to grant a necessary licence or consent;
13.3.14 loss of any regulatory or other licences, permission or consent; or
13.3.15 breakout of illness.
13.4 If, due to an event beyond our control, your booked sessions are likely to be postponed for more than a 3 month period you may cancel this contract in its entirety by writing to us or emailing us confirming that you wish to cancel this contract. The date of cancellation will be the date on which we confirm the cancellation to you.
13.5 In the event that you cancel your contract under clause 13.4 , we will, at our sole discretion, provide you with Bee Active credits for or refund you an amount equivalent to the amount of the booking price that you have paid to us less the following charges:
13.5.1 the charges for the services already provided or made available to you up to the date of cancellation under clause 13.4;
13.5.2 a reasonable charge to cover the costs incurred by us in facilitating your booking up to the date of cancellation under clause 13.4. These costs include but are not limited to:
(a) administration costs;
(b) staffing costs;
(c) general outgoings, overheads and venue hire costs;
(d) cost of equipment; and
(e) insurance costs.
13.6 If due to an event or events beyond our control, we need to stop a booked session and ask you to collect your child, as the session in question has commenced and therefore all costs borne by us in respect of facilitating that session will have already been incurred, we will not be liable to refund any part of the booking price (or provide credits) for that session.
13.7 We will not be liable for any other losses, costs or other charges incurred by you as a result of a cancellation of your booking under this clause 13.
14. Session date changes
Once booked you are unable to change your booked sessions unless agreed by us in writing.
15.1 If your child is unwell, they must not attend our sessions or venues.
15.2 If your child has suffered diarrhoea and/or vomiting, they must not attend our sessions or venues until they have not been sick or had diarrhoea for at least 2 days.
15.3 In relation to covid-19, please ensure you read our specific guidance which can be found at https://beeactive.co.uk/risk-assessment-covid-19/ .This guidance may be amended from time to time in line with relevant government or health guidance.
16. Unauthorised non-attendance
Except where non-attendance is authorised in accordance with these terms and conditions or by us in writing, if your child does not attend booked sessions, as the session in question has commenced and therefore all costs borne by us in respect of facilitating that session will have already been incurred, we will not be liable to refund any part of the booking price for that
17. Drop off and collection times
17.1 Drop off and collection times for the relevant services will be included in the Order Confirmation.
17.2 You must inform us if you will be late dropping off or collecting your child.
17.3 In relation to the late collection of your child, please carefully read our late collection policy which can be found here. [LINK]
17.4 You must nominate in writing individuals that are authorised to collect your child, providing us with their full names and contact numbers. We will not release your child into the custody of any person other than those you have specifically authorised to collect your child.
17.5 Some of our services require those with parental responsibility for a child to remain present throughout the provision of the services. If this is a requirement, we will confirm this to you as a part of the online booking process.
18.1 We shall have the right at all times during the provision of our services to exclude your child from partaking in activities if you or your child use any disruptive, disturbing, threatening, bullying aggressive or violent behaviour to us, any of our employees, sub-contractors or any other person or child (or their family members) partaking in, or present during the provision of,
the services at any time.
18.2 If your child repeatedly disrupts a session or sessions, if we have to repeatedly exclude your child from activities, if you are repeatedly late in dropping off or and collecting your child or in the event of any other unacceptable behaviour on your or your child’s part, we shall have the
right to cancel your booking(s) with us in its or their entirety. In this circumstance, you will not, unless we have otherwise agreed, be entitled to a refund for your booking and we will not be liable for any losses, costs or other charges incurred by you as a result of a cancellation of your booking in these circumstances.
19. Safeguarding and accidents
19.1 We have a duty to act and investigate if we or any of our employees, staff, sub-contractors or agents or any other person suspect or report to us that they have a safeguarding concern regarding your child. This may involve us contacting the police, Ofsted, the relevant local authority department and/or any other official body to whom we are required to report such matters without first informing or discussing with you.
19.2 If your child is involved in an accident during the provision of our services, our trained first aid staff members will administer appropriate first aid and, where required, emergency services will be called. Where you are not present when the accident occurs, we will notify you of any accidents that have occurred involving your child as soon as possible.
20.1 We accept most credit cards and debit cards. The acceptable forms of the card are noted on our website at the point at which you are required to insert your payment details or will be confirmed by us at the point of payment. We accept cash payment but do not accept cheques. We also accept payment via the childcare voucher scheme.
20.2 You will be given the option when making your booking to pay online as a part of your booking or at the venue at the start of your child’s first session with us.
20.3 Payment for the services to be provided during a session must be paid in full before commencement of the session in question. We shall have the right to refuse attendance at our sessions if payment has not been received.
20.4 If you have block-booked sessions within a booking, for example during a school holiday, all of the sessions for that booking must be paid in full before the commencement of your child’s first session with us. We shall have the right to refuse attendance at our sessions if payment has not been received.
gains unauthorised access to any information that you give us. 20.6 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps such as Verified by Visa.
20.7 We use Sage software to facilitate card payments.
20.8 If any payment required by you is not received by us, we may charge interest on any balance outstanding at the rate of 3% percentage points per year above Bank of England’s base rate.
20.9 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 10 and 11.
20.10 The price of the services is noted during the online booking process, is in pounds sterling (£) (GBP) and is exclusive of VAT.
20.11 If any discounts or offers are applicable to your booking, these will automatically be included in the calculation of the price for the services detailed on the online booking form.
20.12 Prices are reviewed on or before 1 September each year and the price for your booking may be increased from 1 September. You shall be notified of any price increase.
21. Bee Active credit system
21.1 We facilitate a Bee Active credit system whereby we can add credits to your online account equivalent to a certain monetary amount which can then be used to purchase services from us.
21.2 Any available credits will automatically be included in the calculation of the price of the services you are booking with us.
21.3 Purchased credit is non-refundable.
22. Childcare vouchers
22.1 If you are using childcare vouchers to pay for services, payment must be received by us before we will provide any services to you or your child.
22.2 On request by us, you will promptly provide us with proof of your request for payment to us via the childcare voucher system.
22.3 Please ensure you reference your child’s name on the payment request where possible so that we can easily allocate the payment.
23. Nature of the services
23.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example:
23.1.1 the services must be carried out with reasonable care and skill;
23.1.2 you must pay a reasonable price for the services, and no more, if you and we haven’t fixed a price for the services; and
23.1.3 we must carry out the services within a reasonable time if you, and we haven’t fixed a time for the services to be carried out.
23.2 For more detailed information on your rights and what you should expect from us, please contact us using the contact details at the top of this page.
24. Changes to the services by us
We have the right, without reference to you, to make any changes to the services which are necessary to comply with any applicable law, safety or regulatory requirement or which do not materially affect the nature or quality of the services. An example would be (but is not limited to) where activities are planned to be undertaken outside but due to adverse weather conditions need to be held inside and adapted accordingly.
25. Videos, photographs and social media
25.1 During the course of the provision of the services we may from time to time take photographs or video footage of your child which we may use at any time thereafter for marketing, promotional, training or other reasons in connection with our business. This may include using the imagery or videos publicly. For example, posting such photographs or video footage on social media platforms during or after the provision of the services.
25.2 If you do not wish for your child to appear publicly on any such imagery or video footage, please ensure that you tick the box confirming the same as a part of the booking process. We will then ensure that your child is not identifiable on any imagery or video footage that is used.
25.3 We shall own all rights in the photographs and video footage.
26. Limit on our responsibility to you
26.1 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
26.2 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by our negligence) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
26.2.1 losses that:
(a) were not foreseeable to you and us when the contract was formed;
(b) were not caused by any breach on our part;
26.2.2 business losses; and
26.2.3 losses to non-consumers.
26.3 Except in respect of any legal responsibility that we cannot limit in law (such as for death or personal injury resulting from our negligence), under no circumstances will our aggregate liability to you for any and all claims arising under this contract exceed the booking price.
26.4 We accept no responsibility or liability for any loss or damage caused to or theft of any of your or your child’s belongings. These are brought to the venue entirely at your own risk.
26.5 We will not be liable for the death of or injury to any person or for any costs or expenses or other liability incurred by you in the exercise of your rights under this contract except where such death, injury or loss is due to our negligence.
26.6 We will not be liable for any loss, costs, charges or other expenses incurred by you in the event of a change of your booked sessions, a cancellation of this contract or a breach by you of its terms.
27. Concerns or complaints
27.1 If you are unhappy with our service to you generally or any other matter, please contact us as soon as possible. We will try to resolve any disputes with you quickly and efficiently.
27.2 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you and give you with any further information that we are required by law or regulation to provide.
28.1 No variation or amendment to the contract shall be effective unless it has been agreed specifically in writing by one of our authorised representatives.
28.2 You cannot transfer any of your rights or obligations under this contract to another person without our prior written consent.
28.3 We can transfer all or any of our rights and obligations under the contract to another organisation but this will not affect your rights under the contract.
28.4 All intellectual property rights in or arising out of or in connection with the services shall be owned by us.
28.5 If any provision of this contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this contract shall not be affected.
28.6 If any provision of this contract (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it were deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable.
28.7 No one other than a party to this contract has any right to enforce any term of this contract.
28.8 If this contract is cancelled it will not affect our right to receive any money which you owe to us under this contract.
28.9 These terms and conditions may be signed in any number of separate counterparts, each of which when signed and dated shall be an original, and such counterparts taken together shall constitute one and the same terms and conditions. We are not required to sign these terms conditions in order for them to take effect.
28.10 This contract may be signed electronically.
28.11 The laws of England and Wales will apply to this contract.
28.12 If you are not happy with the way in which we handle disagreements and you wish to take court action, you must do so in England and Wales as the courts of England and Wales shall have exclusive jurisdiction in respect of this contract.