TERMS & CONDITIONS
1. PlayWise Overview
1.1. PlayWise Pty Ltd ACN 676 685 411 (“We”, “Playwise”) provides access to in-person sensory, movement and education classes for parents and children (“Classes”).
1.2. The Classes will be performed or facilitated by suitably qualified PlayWise Educators.
1.3. PlayWise Participants (“You”, “Participants”) are required to read and agree to comply with these Terms and Conditions, before you attend Classes. These Terms govern your access to and participation in Classes.
1.4. By accessing PlayWise Classes, Participants:
a) acknowledge that you have read, and agree to comply with and be legally bound by, these Terms; and
b) warrant that you are over 18 years of age and have the legal capacity to enter into a binding contract.
2. PlayWise Obligations
2.1. We agree to provide our Classes to the best of our ability and to the standard of care and skill reasonably expected of an educator providing early children’s sensory, movement and education classes.
2.2. The PlayWise Curriculum is prepared by qualified primary school teachers.
2.3. Classes are facilitated by educators who have working with children and police checks.
3. Participant Obligations
3.1. You acknowledge that you are solely responsible for determining whether our Classes are appropriate for you and your Child, having considered your own personal circumstances. Participation in PlayWise classes is at your own risk.
3.2. Due to the nature of the Classes, participation will be required by both parents/guardians and children. Parents/Guardians are solely responsible for the care of their children whilst attending Classes.
3.3. You agree to provide us with all relevant Participant information we request from you, and any other information we reasonably require to be able to perform the Classes. You agree to provide accurate, current and complete information about yourself, and your child as requested or directed, and to promptly update this information to maintain its accuracy. When providing information on behalf of another person, you warrant that you are authorised to provide that information to us.
3.4. You understand that we will rely upon the information you provide in order to determine your suitability for Classes and agree that we can exercise our absolute discretion in relation to determination of suitability.
4. Information & Advice
4.1. Any content or information provided in the Classes is of a general nature only and does not constitute professional advice. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide through our Classes. No part of the Classes is a substitute for obtaining advice that is specific to your individual circumstances from a qualified professional.
4.2. Any reference to other products or services, programs, memberships, processes or other information appearing within the Classes does not constitute or imply our endorsement, sponsorship or recommendation in any way.
5. Cancellations
5.1. We reserve the right to cancel or reschedule a class at a mutually convenient time, for any reason. If a Class has been cancelled by us and not rescheduled, we will refund the Fees paid for the cancelled portion of that term.
6. Refunds
6.1. Due to the nature of the Classes, Refunds cannot be provided for a change of mind.
6.2. Any Refund is provided in accordance with the Termination provision in these Terms and in compliance with any and all applicable Australian Consumer Laws.
7. Termination
7.1. We reserve the right to terminate your access to Classes with immediate effect if:
a) You fail to comply with our Terms & Conditions;
b) you engage in conduct that is potentially harmful our teachers or other Participants
c) you engage in conduct that is potentially harmful to our reputation;
e) you disclose Confidential Information without consent;
7.2. If we terminate your access to the Classes, we may, at our sole discretion, refund any prorated balance of the Classes already paid by you.
8. Privacy
8.1. When you apply to take part in our Classes, and during your participation, you may be required to provide us with certain personal information (such as contact details) and sensitive information (such as information about your child’s health).
8.2. Your privacy is extremely important to us. We will only use your personal information in order to provide you with our services and to communicate with you about the Classes. Your information will be dealt with in accordance with our Privacy Policy, which is accessible on our website.
9. Photography & Recording of Classes
9.1. From time, to time, PlayWise may take photos or record portions of a Class for training or promotional purposes.
9.2. Photo or video will not be published or distributed without Participant’s prior written consent. Consent will be deemed given if during the sign-up period, Participants click a check box when asked, “I consent to me and my child being photographed or videoed when participating in classes and this being used for marketing or advertising purposes”
9.3. Participants retain the right to withdraw consent at any time via email to info@playwiseplayfullearning.com.au.
9.4. Participants may request that online images are removed and this will be done as soon as practical (usually within 2 business days). Requests should be sent via email to info@playwiseplayfullearning.com.au.
10. Warranties & Indemnities
10.1. PlayWise provide the Classes and its content on an ‘as is’ basis, without representation, warranty or condition of any kind (either express or implied) and do not guarantee any specific results from your participation. Any examples of previous participants’ experiences, including reviews, testimonials or other statements, are provided for illustrative purposes only, and are simply examples of others previous experience.
10.2. Participants agree that you engage in the Classes at your own risk and hold harmless Playwise and their employees, agents and officers from and against any liability howsoever arising including without limiting the generality of the foregoing arising from or as a result of negligence.
10.3. You agree to indemnify us against any loss or damage, including legal costs, related to your breach of these Terms.
10.4. Without limiting the generality of the foregoing, in no circumstances shall the liability of PlayWise for any cause or on any account exceed the sum of any fees paid.
11. Other
11.1. Notices
Where a party gives notice, it must be done in writing to info@playwiseplayfullearning.com.au with the notice being considered delivered on the date it was sent, unless a delivery failure notice was received.
11.2. Entire Agreement
These Terms constitute our entire agreement with you about the Classes and supersede all previous agreements, understandings and negotiations. whether written or verbal.
11.3. Governing Law
The performance and enforcement of these Terms will accord with the laws in force in the State or Territory in Australia where we are located as indicated on our Site. You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction.
11.4. Binding agreement
These Terms will become binding when you agree to these Terms, including by clicking ‘I consent’ or ‘I agree’ or similar, or by processing payment of the class enrolment Fee. We will provide you with a copy of your receipt for any payment made to us (via email) within 48 hours of processing.
11.6. Validity
Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.