Terms and Conditions

Terms & Conditions

Terms And Conditions

Please read the following terms and conditions under which we offer our services. By making a booking or using any of our services (e.g., attending a class or event) you agree to accept and abide by these terms.

YOUR BOOKING

Your booking is to attend a term or one-off special Baby Development class. Our courses run throughout the year in accordance with our published term dates. All term dates and details are available on our website booking page www.the-baby-cloud.co.uk

When signing up to a Baby Cloud class, details of the courses you are booked into, the dates and times and the venue are clearly displayed on our website.

Towards the end of each term we send you details on how to rebook either by email or text message. Follow the link to the customer login page where details on next terms dates, times and the cost of the course will be shown. VIP priority booking is firstly offered to current customers for 24 hours prior to being released to the wait lists and then the public. Your space in class for the next term is not secured until you book and pay online. You will receive an order confirmation once your account has been debited or your payment has been received. Spaces are allocated on a first come first served basis. Customers may move class days or times due to ages of their children graduating onto their next age group.

FEES

Fees are payable in full through our online booking system prior to the start of the first class. Your booking fee is non-refundable, unless you notify The Baby Cloud that you will no longer require your space in class no less than 1 week prior to the first day of term. There will be an £8 admin charge for any cancellations/refunds. Refunds take between 5 and 10 working days to reach your account.

OFFERS/PROMOTIONS

The Baby Cloud retains the right to run promotional offers and competitions from time to time. These offers can be withdrawn at any time. Promotions and discounts cannot be applied retrospectively to bookings already made.

CLASSES & BABY ACADEMY SENSORY BUNDLE

If you book classes within the Baby Academy at The Baby Cloud, you will be required to purchase a 'Baby Academy Sensory Bundle'. This kit is yours to keep, it will be used as part of our terms kit in classes and for you to use at home. Only The Baby Cloud items will be allowed in class to ensure safety and meet our insurance requirements. The kit is purchased on the understanding that is it not refundable at any point. If there is a faulty item, an exchange will be offered. Please bear this in mind when considering investing in your Baby Academy Bundle. Note, some of these items will only be suitable for supervised play, some will be sensory aids which an adult will need to use in order for baby to enjoy.

Should lock down restrictions need to be re-imposed for any reason, we will continue our term online to enjoy @ home via our pre-recorded sessions. We will provide you with idea's for home-made play using your Baby Academy Bundle or massage moves with your Baby Massage bundle.

If you forget to bring your 'bundle' or 'bundle top up' kit items to class, The Baby Cloud will not be able to supply you with a replacement kit in class. In this instance you will need to create a class at home this week. Check in with us and we can share some ideas for play.

The equipment provided in your Sensory Bundle will be yours to keep forever, and so is a wonderful investment in your baby’s development wherever it is used. Any further equipment provided in the The Baby Cloud classes will also be yours to keep. Please note, some of these items will only be suitable for supervised play, some will be sensory aids which an adult will need to use in order for baby to enjoy.

IMPORTANT: It is the parent or carers responsibility as the supervising adult to SUPERVISE BABY and all equipment within The Baby Cloud AT ALL TIMES, prior, during and post class. Not all equipment is safe for baby play. Safety advice and guidance from the class leader & the guidance booklet must be adhered to at all times. Babies must not be left unsupervised within the class environment or at home with the items from the Sensory Academy Bundle, or any extra elements shared in class.

CLASS ATTENDANCE

By booking a class/event, you agree that both you and any child under your care or supervision are able to take part in our classes or any other services which you order from us, and that it would not be harmful to either your or your child’s health, safety, comfort or physical condition to do so. Please note, we will not be liable for any loss, injury or damage suffered where you do not tell us about a medical condition, or you or the child do an activity which you are aware (or should have been aware) would, or might be, detrimental to you or the child.

MOBILE BABIES IN CLASS

Mobile babies are most welcome in classes, and their freedom of movement in encouraged. There will be occasions where we require you to keep your baby with you – either for their safety or for enjoyment of the activity.

During covid restrictions - If your baby is mobile, we need to ask you to carefully consider our new set up and whether this will be a space you and your baby can enjoy. During these times, we will ask you to keep baby with you at all times, for your safety and the peace of mind of others.

ONE PARENT POLICY – DURING COVID RESTRICTIONS ONLY

During periods of restrictions, we can only facilitate 1 parent attending class with 1 baby. If twin parents are attending 2 parents can attend, 1 with each baby. We reserve the right to impose this restriction at any point that we deem it necessary.

MISSED CLASSES & HOLIDAYS

We are unable to give refunds for, or carry over to a future booking, class sessions that you do not attend.

The Baby Cloud allow you to purchase the ‘Baby Academy Sensory Bundle’ as a privilege as part of joining our program. The kit has been put together as an amazing deal, offered at less than cost price, in order to support you in your baby’s development throughout their first year. Should you not be able to attend a class, the kit is there to help you enjoy sensory activities at home. Use the supporting documents for play ideas and health and safety guidelines to make the most of each item.

CANCELLATION

As a consumer, if you change your mind about a course you purchased, you have 14 days from entering into a service contract in which you can cancel it, there will be an £8 admin charge for any cancellations/refunds.

If your course starts within the 14-day period you will still have the right to cancel, but you must pay for the value of the classes attended that was provided to you up to the point you cancel, an £8 admin charge will be deducted from the refund total amount. Refunds will reach your account within 5 to 10 working days.

This right under the Consumer Contracts Regulations 2014 applies regardless of whether the course will be taken online or in person.

The Baby Cloud is under no obligation to refund or transfer your money in the event that you are unable to attend part of or the entire course, unless otherwise specified above. We regret that we cannot guarantee to offer an alternative for missed lessons, however we will try if availability exists.

Where the cancellation of a face to face class is due to factors beyond our control, we reserve the right to substitute face to face classes for a pre-recorded session or online classes. As an existing customer you will have the ‘Baby Academy Sensory Bundle’ to support you in conducting the session. In such instances, for the purpose of clarification, refunds and carry over classes will not be offered.

ADVERSE WEATHER & FORCE MAJEURE EVENT

Force Majeure Event means an event beyond the reasonable control of the Baby Cloud including but not limited to strikes or other industrial disputes, failure of a utility service or transport network, act of God, notifiable disease, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.

The Baby Cloud shall not be liable to the Customer as a result of any failure to perform its obligations under this Contract as a result of a Force Majeure Event.

If the Force Majeure Event prevents The Baby Cloud from providing services, The Baby Cloud shall, without limiting its other rights or remedies and without liability to the Customer, have the right to terminate classes immediately by giving written notice to the Customer.

In adverse weather conditions The Baby Cloud is under no obligation to refund lessons that may be missed due to local adverse weather when the venue and environs are safe and accessible and lessons are held. We regret that we are unable to offer automatic refunding or rescheduling of lessons in the event of adverse conditions local to yourselves preventing you from attending a scheduled class.

PRE RECORDED CLASSES

If you are offered access to a pre-recorded class in place of your regular class, you will have a week to view your recorded class. For the protection of our class content, these links are deleted after 1 week. We aren't able to offer make up classes for missed sessions for this reason.

HEALTH & SAFETY & LIABILITY

All customers big and small, take part in classes at their own risk. Whilst we take all reasonable steps to make the classes & kit safe, you accept any liability for any injury or damage suffered by any participant or any other person in a class.

It is your responsibility to seek appropriate medical approval regarding any pre-existing condition of a participant and to disclose any such condition to us before booking. Should anything change with you or your baby’s health, it is your responsibility to update your records within our booking system and inform your class leader .

Your child (or children) is your responsibility during the class. Please supervise them closely during the session and at home and particularly during the use of props and equipment. Do not allow them to go near props and equipment when it is not in use.

While The Baby Cloud makes every effort to ensure the safety and comfort of you and your child during the sessions and during play time at home with the Baby Academy Sensory Kit, participation in our classes/events, and the use of our equipment and the Baby Academy Sensory Kit is at your own risk. As long as we have provided the Services with reasonable skill and care, we will not be liable to you for any loss, damage or injury suffered by you or a child for whom you are responsible as a consequence of you not following our instructions during the provision of our classes/events or Services. The Baby Academy Sensory Kit has been sourced carefully but comes with clear safety guidelines and play suggestions. These must be followed to ensure your baby’s safety.

At all times please follow the instructions and guidelines of your Class Leader, including those relating to guidelines imposed by the venue or other authorities, whose only goal is your child’s, and your safety and enjoyment.

No liability can be accepted for any incident that occurs in class or at home due to this guidance not being followed.

COVID-19 SAFETY MEASURES

In light of the Covid-19 pandemic, we have put extra health and safety measures in place to ensure the wellbeing of all of those that attend our sessions. If you have any concerns or questions, then please contact us before you book or attend classes.

In order to help prevent the risk of the spread of infectious diseases, such as, but not limited to, coronavirus (COVID-19) there may be measures in place for those attending classes which you will be asked to adhere to. These could include washing or sanitising hands, keeping a certain distance from others not from your household, following directional signage in relation to the venue, or other similar measures. Please ensure to follow these guidelines as given by your Class Leader and for the venue.

You and your child should remain at home if he, she or you have had a fever, vomited, or had diarrhoea within the past 48 hours or are exhibiting contagious cold symptoms (usually during the first few days of a cold) or any symptoms of COVID-19. If you see another child with a runny nose, cough or rash, do not automatically assume the child is contagious. Allergy symptoms can resemble cold and rash symptoms.

ILLNESS POLICY

You must not attend a class/event if you or your child are ill. You must not bring your child to a class in the following circumstances:

*If they have had a fever or a cough within the 10 days prior to the Class;

*If they have had an upset stomach or diarrhoea in the 48 hours prior to the Class;

*If they have heavy nasal discharge;

*If they have discharging eyes; or

*If they have symptoms of a possible communicable disease, including, but not limited to, Covid-19, measles, chicken pox, German measles, whooping cough, impetigo, scarlet fever, hand foot and mouth disease or norovirus.

VIDEO & PHOTOGRAPHY

From time to time we may request to take photographs or shoot video during classes to use for marketing and promotional purposes, which may include, but is not limited to, use on social media, promotional materials or our website.

You will be asked at or prior to the first class where this takes places whether or not you consent to being included in these images or footage and images and usage will be in relation to our privacy policy that can be found on our website here. Where images are used in this way no additional personal information or names will be linked to them, unless specific additional permission is sought from the individuals involved.

The Baby Cloud is happy for you to take photographs of your own child during classes. If you wish for another child to be in the picture, please seek permission from the adult accompanying that child before taking pictures. We would ask that everyone remains sensitive to the feelings of others and always stops filming should they be asked to do so. We must also adhere to rules on social media and not show any other person in footage without consent of that individual or their parent or guardian.

If you do not wish us to photograph or video your child, please notify us in writing.

The Baby Cloud continually strives to improve the teaching standard of our workforce, we, on occasions, video record a lesson being taught by the Class Leader. The camera is focused on the teacher and the video recording will only be seen by the teacher and their assessor. The video will not be used for anything other than for the teacher to gain feedback from their assessor, but everyone in the rooms attendance would be made aware in advance. The Baby Cloud expressly forbids the right to reproduce any part of our lessons in any form.

Anyone suspected of continually filming or photographing the lessons for any purpose of publication or for any commercial purpose will be asked to stop filming and leave the course.

The Baby Cloud cannot be held liable for the actions of third parties and, therefore, excludes to the fullest extent possible by law, any liability arising from a breach of this section headed “Video and Photography” by any party.

LOST PROPERTY

Any belongings brought on to the premises of The Baby Cloud is done at your own risk. The Baby Cloud will not be held responsible for items lost in class or left behind. Any items lost will be held until the end of the day and then disposed of, or handed to the police if it is an item of high value such as jewellery or money.

WITHDRAWAL OF SERVICE

The Baby Cloud may at its own discretion refuse entry to a client to its courses if it is felt that the client’s behaviour or the behaviour of those associated with the client is unreasonable. We require that clients are suitably dressed within a session, otherwise entry may be refused.

CLASS LEADER SUBSTITUTE

Whilst it is our policy that we endeavour to ensure you always have the same Class Leader, we cannot guarantee this as teachers fall ill, leave etc. Also, due to the extremely thorough nature of our training, we may occasionally need to have a new teacher teaching your class. They are always fully trained at this point, but need to teach a series of ‘live classes’ in order to complete their assessment process. Unfortunately, we cannot give advance warning when this may happen and, whilst we always try to limit it, it is a necessary part of our commitment to quality.

DATA PROTECTION & PRIVACY

Class4Kids is our online booking platform. Where you submit your details via this booking system, the data is available to Class4Kids and The Baby Cloud. In this instance each of these parties are joint Data Controllers for the data you provide. Please read our full Data Protection & Privacy Policy HERE

If you have any queries concerning your personal information or any questions on our use of the information, please contact us at sarahdalton@the-baby-cloud.co.uk.

We will process your personal and sensitive data in accordance with the Data Protection Act 1998. We will share your details with The Baby Cloud Group Ltd but not with any other third party. We and/or The Baby Cloud would like to keep you informed about future classes and events. If you would prefer not to be contacted, please email sarahdalton@the-baby-cloud.com

HOME KITS/PROPS

Our products are carefully selected to support child development, however, the items within the Baby Cloud prop/kit are NOT toys. The items are not suitable for child play, but have been assembled as sensory aids for adult use to support your child’s engagement. Each product has specific safety information to be read prior to use and should be carefully considered with ongoing use. Should you misplace your safety information, please contact your local franchise for replacement information.

The some of our products are sold as disposable items. Therefore, once they reach the end of their life, we recommend you dispose of the item. However, should an item reach you in a less than satisfactory condition, we request that you get in touch within 1 week of receiving your kit.

Should a non-disposable item present as faulty, we ask that you contact us with an image of the issue so we can advise your further. Non disposable items that are deemed as faulty will be either compensated or replaced.

LOST PROPERTY

We cannot undertake any responsibility for your property. Please note that your property and belongings that you or your child bring to a Class are your responsibility. The Baby Cloud shall not be responsible for any loss of, or damage to, such property or for articles left behind in class.

CHANGES TO TERMS & CONDITIONS

These terms and conditions shall be governed by English law and any dispute arising from these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

From time to time we may update these terms and conditions by sending you either an updated version or notification of minor changes. You are free to not accept these changes but we would ask you to notify us in writing of your non acceptance within 14 days of your receipt, failing which we will be entitled to treat our agreement with you as being subject to the updated version.

INTERLECTIAL PROPERTY

We are the owner or licensee of all intellectual property rights within the site and within our program. You are not permitted to copy, adapt or create imitative works or any of the contents. Any reproduction, distribution or re-engineering of any part of the contents is strictly prohibited.

You must not use any illustrations, video, audio or photographs separately from the text that goes with them. Certain images are the copyright or trademark of third parties and use is subject to their terms and conditions.

We can’t wait to welcome you into our wonderful Play Cloud! We are here to hold your hand from day 1 with baby through to your little one starting school. Please ensure you have read and understood the above terms and conditions before booking.

If you have any queries, comments or suggestions regarding the classes, please speak to your Class leader or contact sarahdalton@the-baby-cloud.co.uk

DATA PROTECTION & PRIVACY POLICY

Data Protection Legislation means (i) the Data Protection Act 1998, until the effective date of its repeal (ii) the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation, for so long as the GDPR is effective in the UK, and (iii) any successor legislation to the Data Protection Act 1998 and the GDPR, in particular the Data Protection Bill 2017-2019, once it becomes law.

Any personal information provided by you to us will be held and processed in accordance with the data protection principles set out in the Data Protection Legislation for the purposes of meeting the legitimate business interests of The Baby Cloud and adhering to the rights of the individual.

Our Privacy Policy explains our data processing practices such as how we collect and use your data and you can read this within our T's & C's.

The Baby Cloud control the website via secure servers, and are the 'Data Controller' for this site.

Class4Kids is our online booking platform. Where you submit your details via this booking system, the data is available to The Baby Cloud, Class4Kids, who operate the system and the Baby Cloud classes with whom you make your booking for the particular class or service you have chosen. In this instance each of these parties are joint Data Controllers for the data you provide.

You have the following rights under the Data Protection Legislation (please refer to our privacy policy for further details):

• The right to be informed

• The right of access

• The right to rectification

• The right to erasure (also known as the ‘right to be forgotten’)

• The right to restrict processing

• The right to data portability

• The right to object and

• Rights with respect to automated decision-making and profiling

The Data Controller - If you have any queries concerning your personal information or any questions on our use of the information, please contact us at sarahdalton@the-baby-cloud.co.uk

We will process your personal and sensitive data in accordance with the Data Protection Act 1998. We will share your details with The Baby Cloud but not with any other third party. We and/or The Baby Cloud would like to keep you informed about future classes and events. If you would prefer not to be contacted, please email Baby@theplaycloud.com

COVID POLICY

Should government restrictions come in to place, The Baby Cloud has the safety of all children and adults is our main concern (along with having fun!) We pride ourselves for always having maintained high standards of cleanliness and hygiene within our sessions, ensuring props are cleaned and hands are washed, however due to the pandemic we have increased hygiene standards and safety aspects based on Public Health England advice.

This advice can be found here: https://www.gov.uk/government/organisations/public-health-england

Infection control policies, such as cleaning regimes and hand washing/sanitising protocols following prevailing Government guidelines have been developed for our class sessions and events and will be carried out by your class leader as required. Always venue & covid-19 prevention risk assessments are available to view in class at any time.

We believe that along with this information and the extra measures being implemented clients should feel safe and reassured when attending any of our classes.

We have implemented the following special measures in response to the Covid-19 outbreak:

Government advice for adults is to stay alert and to continue to socially distance, at a distance of one meter plus where the two metre rule cannot be adhered to. We ask customers to please respect this and stay within safe distances of one another. In respect of younger children (early years/under 5’s) we understand that this may not always be possible and certainly more difficult to maintain, so we have reduced the numbers in classes and adapting the layout of sessions to help ensure that families remain safe at all times.

We can only facilitate 1 parent attending class with 1 baby. If twin parents are attending 2 parents can attend, 1 with each baby.

Additional cleaning measures have been put in place and hand sanitiser will be available for all to use on entry and exit to venues.

Our session plans will have been adapted to adhere to guidelines, and the sharing of equipment will no longer be permitted. You will have your own Sensory Academy Bundle to use in class, along with any brand new props shared with you as part of the term.

Class times will start and finish punctually to ensure there is no busy crossover where back to back sessions are being provided, this will help minimise any contact between separate groups.

There are a few practical steps that we ask you to follow when attending our classes to ensure everyone is kept safe at all times:

*Cover your mouth and nose with a tissue or your sleeve/arm (not your hand) when you cough or sneeze.

*Put any used tissues, wipes, nappies or rubbish into the bins on site or place into a bag/nappy sack and dispose of safely at home.

*Wash your hands with soap and water often for 20 seconds, and also use hand sanitiser gel whenever needed.

*Keep within the social distancing guidelines, and be alert at all times to ensure children are maintaining this also, as best possible.

DON'T

*Touch your eyes, hands or mouth if your hands are not clean.

*Come to class if you or your child are unwell or you suspect that you have come into contact with someone that is unwell or may have Covid-19.

Online Classes - Any participation in online classes still requires safety measures to be taken. All activities require Adult Supervision, and care must be taken that the area to be used at home is clear and there are no hazards or other issues that could cause injury whilst participating in the online sessions. You must also ensure that any equipment you are using for any session is suitable for the activity being demonstrated/participated in. By taking part in any Baby Cloud online activities you acknowledge and accept that you do so at your own risk, and should take appropriate steps to ensure that participation can be carried out without injury either by participation or by and hazards or equipment used.

Physical Classes - While class sessions will be adapted as far as possible to allow for social distancing guidelines to be adhered to, we recognise that when working with mobile babies, Baby's and pre-schoolers it may not be possible to keep them at the required distance from each other at all times. We will balance the potential risk of this with the further measures taken, such as hand washing/sanitising and reducing or eliminating the sharing of equipment. By attending classes however, you accept that there may be occasion that children do not remain at the specified distance from each other and choose to attend classes with this knowledge. The safety measures that have been introduced are intended to minimise the risk of contracting the Covid-19 virus and any other communicable illness, but this risk cannot be completely eradicated. Therefore, by attending any of our classes or events you acknowledge that you do so at your own risk.

We will continue to monitor the situation closely and our policies will be under constant review should guidance change.

We reserve the right to refuse admittance to the class if we feel that the child or adult is too ill to participate, or has coronavirus (COVID-19) symptoms, such as a raised temperature, a new continuous cough, or a loss or change to their sense of smell or taste.

This policy was adopted on JUNE 2023 Date for review JUNE 2024