Terms and Conditions

Background

Welcome to Little Mess Makers! We offer messy play sessions for children aged 1 to 6. Our themed sessions invite children to explore a variety of materials through unstructured, child led play.

Rules

Keeping our sessions safe for everyone is our first priority. You agree to comply (and to ensure your Child complies with) our rules, including the following:

General:

  • You must supervise your Child at all times. We are not a registered childcare provider and we are not licensed to care for children without parental or guardian supervision.
  • No running during sessions as play areas can become slippery. If a spillage occurs, you agree to advise us (or our Personnel) immediately so that it can be cleaned up as soon as possible.
  • No food or drink is to be consumed in the play or Activity areas.
  • You agree that we may advertise or publicise the nature of our provision of the Activities to your Child, including on our Website or in our promotional material. We may take photos, films, videos or audio recordings of you and your Child during the Activities and we may display these on our Website, promotional material and other platforms. By accepting these Terms, you agree to allow your and your Child’s image or recording to be used by us for the purposes of displaying them on our Website, promotional material and other platforms, and you assign your rights in any of these materials to us.

Health & Safety:

  • Please dress in old clothes and washable shoes (beach shoes, like thongs and clogs, or gum boots are ideal) as materials may stain. You agree we have no Liability for belongings that become stained, marked or damaged during the Activities.
  • Materials used are non-toxic, however they are not intended for eating and must not be eaten.
  • Materials are prepared in our home kitchens, and as such may contain allergens. You agree to notify at the time of accepting these Terms of any allergies or intolerances that you or your Child have.
  • We ask that parents / guardians assess the risk and suitability of each activity for their child, based on their individual abilities.

Please help us ensure that everyone enjoys the experience, and do not attend if your child is unwell.

Parties

  • We do parties here at Little Mess Makers! If you would like to organise a party, please contact us through the Website.
  • When we provide our services for your child’s party, please note we are only responsible for the messy activities that we provide. We do not provide food, drink, venue hire or other party services, and we are not responsible for any clean-up related to the party.

Terms & Conditions

  1. Acceptance and Term

1.1          These Terms are entered into between The Reading Cubby Pty Ltd t/as Little Mess Makers (ABN 90 608 889 854) (we, us or our) and you. You accept these terms and conditions, including any policies, codes of conduct or other terms set out on the Website (Terms), by:

  • ticking the box via the Online Booking System at or around the time of making the Booking;
  • you and/or your Child participating in a class; and/or
  • paying any portion of the Fee.

1.2          These Terms will commence when you accept these Terms in accordance with clause 1.1 and will continue until the date we have completed the provision of the Activities to you (as reasonably determined by us), unless earlier terminated in accordance with these Terms.

  1. Payment

2.1          You agree to pay us the Fees immediately, upon your acceptance of these Terms and in accordance with the payment methods available on the Online Booking System (if applicable).

2.2          Unless otherwise agreed by us, you and your Child will not be entitled to participate in any part of the Activities until the Fees have been paid by you in full.

  1. Activities

3.1          In consideration of your payment of the Fees, we will provide the Activities in accordance with these Terms, whether ourselves or through our Personnel.

3.2          You agree that we may amend the Activities or the Fees at any time, by providing written notice to you. If you do not agree to any amendment made to the Activities or the Fees, you may terminate these Terms in accordance with clause 8.1.

  1. Your obligations and warranties

4.1          You agree to:

  • comply with (and ensure your Child complies with) these Terms, our Rules, directions, requests or requirements (including in relation to the Venue) and all applicable laws; and
  • provide all assistance, information and documentation reasonably necessary to enable us to comply with our obligations under these Terms or at law.

4.2          You represent, warrant and agree that:

  • there are no legal restrictions preventing you from entering into these Terms;
  • all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
  • you have not relied on any representations or warranties made by us in relation to the Activities (including as to whether the Activities are or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.
  1. Australian Consumer Law (ACL)

5.1          Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Activities by us to you which cannot be excluded, restricted or modified (Statutory Rights).

5.2          Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Activities, you are entitled:

  • to cancel these Terms with us; and
  • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the Activities rectified in a reasonable time and, if this is not done, to cancel these Terms and obtain a refund for the unused portion of these Terms.

For the purposes of this clause 5.2, “our services” means the Activities.

5.3          If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Activities provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

5.4          Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and Activities (including the Activities) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

5.5          This clause 5 will survive the termination or expiry of these Terms.

  1. Exclusions to liability

6.1          Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

  • your or your Child’s acts or omissions;
  • any injury to you or your Child (except where caused by our gross negligence or wilful default);
  • any participation in the Activities by a person other than you and your Child;
  • any works, Activities, goods, materials or items which do not form part of the Activities (as expressed in these Terms), or which have not been provided by us;
  • the Activities being unavailable, or any delay in us providing the Activities to you, for whatever reason; and/or
  • any event outside of our reasonable control.

6.2          This clause 6 will survive the termination or expiry of these Terms.

  1. Limitations on liability

7.1          Despite anything to the contrary, to the maximum extent permitted by law:

  • neither Party will be liable for Consequential Loss;
  • our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or your Child);
  • our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us re-providing the Activities to you or, in our sole discretion, to us repaying you the amount of the Fees paid by you to us in respect of the relevant Activities to which the Liability relates.

7.2          This clause 7 will survive the termination or expiry of these Terms.

  1. Cancellation or termination

8.1          We may terminate these Terms at any time by giving 30 days’ notice in writing to you.

8.2          If you intend to cancel a Booking, you agree to notify us immediately and you agree that the Fee will be non-refundable and forfeited by you, unless otherwise agreed by us, and these Terms will be taken to have been cancelled immediately by us under clause 8.3(a)(1).

8.3          These Terms will terminate immediately upon written notice by:

  • us, if:
  • you (or your Child) breach any provision of these Terms and that breach has not been remedied within 14 days of being notified by us;
  • for any other reason outside our control which has the effect of compromising our ability to provide the Activities; or
  • you, if we:
  • are in breach of a material term of these Terms, and that breach has not been remedied within 14 days of being notified by you; or

8.4          Upon expiry or termination of these Terms:

  • we will immediately cease providing the Activities;
  • unless we otherwise agree (acting reasonably) you agree that any payments made by you to us are not refundable to you, and you are to pay for all Activities provided prior to termination and all other amounts due and payable under these Terms; and
  • you agree not to disparage or otherwise make any unfavourable statements or comments regarding us, our Personnel, our clients, either directly or by implication, verbally or in writing.

8.5          Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

8.6          This clause 8 will survive the termination or expiry of these Terms.

  1. General

9.1          Amendment: We may modify these Terms from time to time by notice to you. By continuing to participate in the Activities after such modification or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the modifications, you must cease attending classes.

9.2          Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

9.3          Entire agreement: These Terms contains the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

9.4          Force Majeure: We will have no Liability for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

9.5          Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

9.6          GST: If and when applicable, GST payable on the Fees will be set out on our invoices (including via the Online Booking System). You agree to pay the GST amount at the same time as you pay the Fees. Unless expressly stated otherwise, all amounts in these Terms are inclusive of GST. The term “GST” has the meaning given in the A New Tax System (Goods and Activities Tax) Act 1999 (Cth).

  1. Definitions

In these Terms, unless the context otherwise requires:

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Activities means the services that we agree to provide to your Child under these Terms, including any of our activities, classes and parties.

Booking means a Booking for the Activities made by you in accordance with these Terms, and includes a booking for a Term Pass.

Child means the child participating in the Activities.

Class Term means the period of time relevant to a Term Pass.

Consequential Loss includes any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Online Booking System means the online booking system we use to manage Bookings, and available via our Website.

Party means each of us and you, and Parties has a corresponding meaning.

Personnel means any of our employees, consultants, suppliers, contractors or agents.

Fees means the Fees to participate in the classes as notified by us.

Term Pass means a type of Booking for a set number of Activities.

Venue means the venue where the Activities are provided by us.

Website means our website at https://littlemessmakers.com.au/