Terms & Conditions - Learner and LTLS

These terms and conditions form the contract between you the Learner and Lab Tots Learning System Limited(“LTLS”, “us”, “we”, etc). By visiting or using www.labtots.com(“the Learning Centre”), you agree to be bound by these terms and conditions. Our suppliers, the Educators, provide their services subject to their own terms and conditions and when you buy their Courses and/or Live Events those terms and conditions will apply to the purchase too.

LTLS is a trading name of Lab Tots Learning System Limited, company number 13446866, incorporated in England, with registered office address situated at Arbor House, Broadway North, Walsall, West Midlands, England, WS1 2AN.

This agreement sets out the legal terms which govern our relationship with one another. When you use the Learning Centreto purchase goods, services or digital content on it, you agree to be bound by these terms.

Under 18 years?We do not offer Courses and/or Live Events without the supervision of someone over the age of 18. Please ask your parent, guardian or tutor to create a master ‘Learner’ Account and to add you as a linked ‘Child’ account. There is no limit on the number of children that can be added / linked to the master Learner account.

Courses and/or Live Events can be purchased by the master ‘Learner’ and added to your ‘Child’ account on your behalf.This means that any ‘Child’ can only see content, Courses and attend Live Events that have been pre-assigned to them via the master adult Learner.

In order to book Live Events or gain access to Courses you must register on the Site to create an account.  To complete registration on the Site you must create a password. You are responsible for keeping your password confidential.  You are responsible for any activity under your account. Please take precautions to protect your password and contact us immediately by emailing info@labtots.comif you believe there has been any unauthorised use of your account.   You may also submit a ’forgotten password’ request. This will send an email asking you to change your password. You may also amend your password within your Learner Dashboard. You may not transfer your account to anyone else. Please keep your account information up-to-date by making any changes yourself within your Learner Account Dashboard.

Please read this agreement carefully and save it. If you do not agree with it, you should leave the Learning Centre and stop using the Learning Centreand the services made available there immediately.

1 This Agreement

1.1 LTLSpublishes the Learning Centre and makes it available to you to use, and offers goods, services and digital content for you to purchase on the Learning Centre.

1.2 LTLS is a marketplace for Educators to offer services for purchase by you.  You are able to:

a. browse the content listed on the Learning Centre by Educators and purchase Coursesand/or Live Events which are of interest to you; and

b. pay Educators through the Learning Centre.

1.3 When you purchase Courses and/or Live Events from the Learning Centre, you buy a licence or permission from the Educator to receive it or attend the event.  LTLS is the agent of the Educator. LTLS does not sell or supply Coursesand/or Live Events to you, as they are purchased and supplied to you by the Educator. We act as their sales agent so that you are able to buy Courses and/or Live Events from them. Accordingly, Educators provide their Coursesand/or Live Events direct to you as a principal using the Learning Centre for delivery, which in turn is made available to you by LTLS. In this way, LTLS is in no way the supplier of Educator’s Courses and/or Live Events to you for any products, services or digital content. Nor are we responsible for them.

1.4 Please refer to the cancellation and refund policies of the relevant Educator should you wish to cancel your purchase for any reason. We are not able to make any decision in respect of refunds and cancellations for Educators, and the decision to do so remains with them at all times.

1.5 Should you wish to register a complaint, please refer to the Lab Tots Learning System internal complaints procedure available at www.labtots.com. You may also contact us directly via the Contact us page on the Learning Centre or via email at info@labtots.com.

1.6 As a marketplace, you are able touse the Learning Centre to

a. search and locate Courses which meet your learning needs;

b. search and locate in person offline Live Events which meet your learning needs and geographical location

c. search and locate in person online streamed Live Events which meet your learning needs

d. choose a Courseand/or Live Events; and

e. request and receive refunds for payments made; and

f. lodge complaints when you would like to.

1.7 Should you have any grievance or dispute with an Educator, please contact the Educator directly using the details provided by the Educator in the Courseand/or Live Event.

1.8 We change the terms of this agreement from time to time. The version of this agreement which was published at the time you make your purchase is the version which governs our relationship with one another. Please see the date of this version which is published at the bottom of this webpage. Previous versions of these terms are available upon request.

1 Security of the Learning Centre

1.1 By using the Learning Centre, you agree that:

a. information you provide us will at all times be true, accurate and correct and not misleading in any material respect;

b. you will keep your personal information up to date using the functionality made available in the Learning Centre via your Learner Dashboard to do so;

c. you will use the Courses in a manner consistent with all applicable laws and regulations which may apply to you in the United Kingdom and the country from which you access them;

i. you will attend the Live Events in a manner consistent with all applicable laws and regulations which apply to you in the United Kingdom and the country from which you access them;

d. you ensure you provide the Educator with true and accurate information regarding Live Events to ensure the safe running of said event;

e. you abide by the Educators and the Learning Centres Terms and Conditions, Safety Policies, Code of Conduct, fair use and Acceptable Behaviour Policy;

f. you are responsible for the security and proper use of all your usernames and passwords used in connection with the Learning Centreand will take all necessary steps to ensure they are kept confidential, secure, used properly and not disclosed to any other person;

g. you are responsible for all activities that occur under your password and account;

h. you will inform us immediately if there is any reason to believe that your user name or password has or is likely to become known to someone not authorised to use it, or is being or is likely to be used in an unauthorised way atinfo@labtots.com

i. you will adhere to any security policies we publish and provide any details reasonably requested to maintain the security of the Learning Centre; and

j. must not attempt to gain unauthorised access to any Courseand/or Live Event, our services, server, computer, database used by Learning Centre and/or interfere with the proper operation of the Courses and/or Live Events and related services.

1.2 You may not use the Learning Centre to:

a. transmitunsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

b. transmit or communicate material which a right-minded person may find offensive;

c. reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Learning Centre save to the extent expressly permitted by law not capable of lawful exclusion;

d. cause any damage to the Learning Centre or impairment of the availability or accessibility of the Learning Centre;

e. post hyperlinks we authorise posting of hyperlinks;

f. use keywords or repeatedwords, where they are irrelevant to the context of the communication;

g. use the name, logo or trademark of any organisation other than your own;

h. post inaccurate, false, or misleading information; and/or

i. knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

2 Availability and Suspension

2.1 We may have to suspend the supply of Courses and/or Live Events to you to:

a. deal with technical problems or make minor technical changes;

b. update Coursesand/or Live Events to reflect changes in relevant laws and regulatory requirements;

c. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of Coursesand/or Live Eventsattendance;

d. make changes to update or require you to update digital content, provided that digital content shall always match the description of it that we provided to you before you bought it.

2.2 In addition, as we informed you in the description of the product on our website, we may make the following changes to Coursesand/or Live Events, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:

3 Purchases

3.1 Courses and/or Live Events are available for sale at a fixed price.

3.2 Learning Centre fees and card transaction fees are included within the price you,the Learner will pay for any given Course and/or Live Event. Card transaction fees will be taken out by the payment provider STRIPE at the point of sale and are non-refundable.

3.3 Prices listed for Coursesand/or Live Events are inclusive of VAT and all transactional fees.

3.4 Unless otherwise specified by the Educator, Courses will be made available for use online in the Learning Centre immediately following payment receipt.

3.5 Live Events will be made available as the time and place as outlined by the Educator within the listing.

3.6 Live Events that are offline at a physical location will be listed as either Open Group or Closed Group Events.

a. Open Group Live Events are open to anyone who has purchased a place / ticket. It is your responsibility to ensure you are able to attend at the designated time and location as determined within the Live Event Listing.

b. Closed Group Live Events are only open to a selected groups. Admittance is only for members of a specified group or attendees of a specified facility. If you book onto the event, but are not a member or attendee of the facility in question, you will not be permitted entry, you will still be charged and you will not be eligible for any refund.

3.7 You are required to pay in the currency in which the Service is listed for sale on the Learning Centre.

3.8 We retainyour personal information and delivery information which you provide to us so that we have it to hand when you need it to order. For details about how we process your personal data, please see our Privacy Policy.

3.9 Our payment processor is STRIPE. We do not handle or come into possession of your payment details unless you have explicitly provided them to us for the purposes of a refund. The payment information is given in a payment page controlled by our payment service providerSTRIPE and not us.

3.10 All Courses and Live Events must be paid for in full when the booking is made.  The price for each Course and/or Live Event is set out on the Learning Centre.

3.11 Once payment has been received in full, you and the Educator have entered into a legally binding contract in respect of the Course and/or Live Event booked.  The Educators Terms are accessible on the Learning Centre or otherwise provided to you.

3.12 We will send you a booking confirmation / payment receipt email once you have successfully booked and paid for a Course and/or Live Event.  You may also receive a separate confirmation email from the relevant Educator. If you have not received a booking confirmation / payment receipt email, you may be refused entry to the Live Event. Please contact your Educator if you have not received an email. Any Courses purchased will be immediately accessible via your Learner Dashboard.

3.13 Card payment charges are included in the Course and Live Event Price stated on the Site. There are no additional fees added. However, card payment fees are non-refundable and are taken at the point of sale by the designated Site Payment Provider (STRIPE). These fees will be clearly shown on your payment receipt as “Transaction Fees (non-refundable)”. In the event a complaint is raised and/or a refund requested as per our Internal Complaints Policy, the card payment fees will not be included in any requested refund.

3.14 You understand that by booking a Course and/or Live Event or attending a Live Event, you are providing your personal data, and the personal data of your child(ren), to the Educator who shall process all such personal data as a controller under the applicable data protection laws.

3.15 You acknowledge and agree that the Learning Centre is provided for information purposes only.   We make no warranties or representations about the completeness, accuracy or reliability of the information uploaded to the Learning Centre by our users.

3.16 It is your responsibility to ensure that the Course, Live Event and the Educator are suitable for your needs, including that the target age range for the Course and/or Live Event is appropriate for you and your child(ren).  You should carry out all normal and prudent checks in respect of a Course, Live Event and/or an Educator, such as confirmation of the time and location of Live Events, age suitability, costs and description. We strongly advise you to contact the Educator directly before attending a Live Event. 

3.17 Although we carry out a number of checks on our Educators, these are inevitably limited and therefore, we do not warrant or represent that we:

a. confirm the suitability of any particular Course and/or Live Event, or that an Educator has the experience, training, qualifications or authorisation to provide the Course and/or Live Event; and/or

b. give any indication to you as to whether the Educator is suitable to provide the Course and/or Live Event.

3.18 We are not responsible for any act or omission of an Educator or for the Courses and/or Live Events provided by an Educator or any failure to provide the Courses and/or Live Event. Please contact the Educator if you have any complaints in respect of their Courses and/or Live Events or otherwise.

3.19 Should you have a complaint against the Learning Centre, please refer to our internal complaints policy.

3.20 In any event, our liability shall be limited to foreseeable damages arising as a direct result of our breach of the Terms and/or our negligence. Foreseeable means that the losses could have been reasonably contemplated by you and us at the time of entering into the Terms.

3.21 Nothing in the Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law. Your consumer statutory rights are unaffected.

3.22 The Site and any correspondence we may send to you may include third party advertisements, which may be targeted towards you. We do not endorse or recommend any product or service offered for sale by any advertiser within the advertisements on the Site and any correspondence and we are not responsible for the content of any third-party advertisement.


4 Cancellation and refunds: Service terms

4.1 [Regulation 36]When you purchase services from an Educator, you expressly request that the Educator commencing Courses immediately. CCR: Regulation 36(6)(b) and 37:By agreeing to these termsvia checking the ‘agree to terms’ checkbox, you thereby agree to waive your right to cancel once the contract had been fully performed by the Educator.

4.2 If you are a consumer within the meaning of theConsumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”), you may be entitled to cancel the Courseand/or Live Eventswithin 14 days of purchase in accordance with the Regulations.

4.3 However,

a. the Educator may charge you for the supply of services for the period for which it is supplied, ending with the time you inform them of your decision to cancel the contract[in accordance with paragraph 32(2) of the Regulations], and

b. that amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

c. card transaction fees are included within the price you will pay for any given Course and/or Live Event. Card transaction fees will be taken out by the payment provider STRIPE at the point of sale, they never reach our accounts and are non-refundable by us. This is clearly stated on any payment receipt and will not form any part of the reimbursement to you. By completing the transaction you are agreeing to these terms.

4.4 In respect of digital content made available by the Educator, you acknowledge youlose your right to cancel when digital content is supplied before the expiration of the 14 day period.

4.5 In respect of Live Events made available by the Educator, you acknowledge you lose your right to cancel when the Live Event is scheduledto be supplied within or before the expiration of the 14 day period.

4.6 To exercise your right to cancel, please email us at info@labtots.comor contact us via https://www.labtots.com/contactwith your decision to cancel this contract with a clear statement that you would like to cancel it.

4.7 The right to cancel is not available where you order goods which are customised and/or personalised to your requirements.

5 Contributions

5.1 To the extent that you provide Contributions, you grant us a transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use Contributions.

5.2 This licence includes granting us the right to authorise our partners to use Contributionswith their registered students or other Learners independent of the Learning Centre. Nothing in these terms shall restrict our other legal rights which we may have in respect of Contributions. We reserve the right to remove or modify Contributions for any reason, including Contributions which we believe breach these Terms.

5.3 We do not actively monitor Contributions other than those addressed to LTLS or the activity of any person using the Learning Centre. We reserve the right to do so and moderate any Contributions as we see fit.

5.4 If you see any Contribution on the Learning Centre which offends,please notify us using the complaints process in the Learning Centre or email us at info@labtots.comreferencing ‘complaint’ in the subject header.

5.5 When you use the Learning Centre the following is strictly prohibited:

a. generating or facilitating unsolicited electronic communication (spam) via e-mail, text messages, pages, instant messages, voice mail, or any other forms of electronic communication;

b. sending inappropriate communications, including, but not limited to communications that:

i. promote, facilitate, or encourage illegal activity;

ii. violate the rights (such as rights of privacy or publicity) of others;

iii. contains any objectionable material such as defamatory, libellous, harassing, abusive, fraudulent, infringing, obscene, excessively profane, hateful or violent material; and/or

iv. transmit material which may be upsetting or harmful to minors.

c. forginga user identity on any electronic communication to mislead the recipient about the sender;

d. causing a security breach to any network resources;

e. causing a disruption of service to any network resources;

f. infringing the intellectual property rights of any person;

g. exporting or importing software, technical information, encryption software, or technology in violation of international or regional export control laws;

h. intentionally introducing malicious code; and/or

i. port scanning or security scanning on a production network unless authorised in advance by us.

5.6 We reserve the right to remove any Contribution at any time, for any reason or no reason.

5.7 If you make complaints frivolously or vexatiously, we may ask you to pay us our costs and expenses (including legal fees) of investigating your compliant and communicating with you.

6 Intellectual Property Rights

6.1 LTLS and its third-party licensors retain all intellectual property rights in the content published on the Learning Centre.

6.2 You may print and download electronic copies of our public facing web pages for your own personal educational purposes (and for parents, guardians and tutors, to teach a person under the age of 18 years of age as your registered linked Child Learner Account) and refer Coursesand/or Live Events to others for the purposes for acquiring them.

6.3 Other than in the normal use of the Learning Centre, you will not copy, distribute, transmit, display or reproduce any Courses and/or Live Events without the consent of the relevant Educator, given in writing.

6.4 You will not distribute, transmit, broadcast, display, perform, reproduce, email, publish, licence, create derivative works from or transfer or sell any content of Coursesand/or Live Events.

6.5 You will not remove, alter, cover or obfuscate any copyright notices, trademark notices, watermarks, disclaimers, warnings or other notices placed on or embedded on materials published on materials published on the Learning Centre.

6.6 You are not permitted to use our trademarks and trade names without our written permission, which include those trademark displayed at www.labtots.com

7 Indemnity

7.1 You agree to indemnify, defend, and hold us harmless from any and all claims, liabilities, expenses, and damages (to the extent attributable to you under the applicable law), including reasonable legal fees and costs, made by any third party related to: (a) your use or attempted use of the Learning Platform is in breach of these terms; (b) your breach of any law or rights of any third party; or (c) a Contribution, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

8 Breach of these Terms

8.1 When we consider that a breach of these terms has occurred, we may take such action as we consider appropriate, which may include:

a. immediate, temporary or permanent withdrawal of your right to use the Learning Centre and/or access Coursesand/or Live Events;

b. immediate, temporary or permanent removal of any Contribution uploaded to the Learning Centre;

c. issue of a warning to you;

d. initiate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

e. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

8.2 We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably consider appropriate.

8.3 Following termination by us of your account you must cease to use the Learning Centre and you must not re-register on the Learning Centre under any other name.  If you do wish to re-register, you should contact us at info@labtots.comand we will discuss this with you.

8.4 You may contact us at any time at info@labtots.comto terminate your account. 

9 Complaints

9.1 Although Educators provide their services only with reasonable skill and care, we aim to provide you with a first-class learning service with the Learning Centre and the materials made available on it.

9.2 We take complaints about our Educators seriously and will investigate them promptly when we receive your feedback in respect of our Educators for the benefit of all of our Learners.

10 General

10.1 We do not warrant that the Learning Centre will be continuous, uninterrupted and/or available at any time which you may wish to access it.

10.2 If any part of a term in this agreement is held to be void, invalid or unenforceable, then it shall be struck out of this Agreement. and such deletion shall not in any way affect any other terms of these terms.

10.3 No failure or delay by us to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

10.4 We will communicate with you by email or by posting notices on the Learning Centre.

10.5 Notices are deemed to have been delivered, if delivered by hand, on the day of delivery, if sent by post to the correct address, on the second business day after posting.

10.6 The Contracts (Rights of Third Parties) Act 1999 does not apply to this agreement.

10.7 If our supply of our services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received as laid out in the agreements between you and the Educator, or the Educators Terms and Conditions.

10.8 We endeavour to maintain and make the Learning Centre available at all times.  However, there may be occasions when access may be interrupted, including for emergency repairs, scheduled maintenance or upgrades, or due to failure of telecommunications links and/or equipment.  We shall endeavour to schedule maintenance and upgrades outside of normal business hours.  However, you agree that we have no liability to you for such disturbances.

10.9 We are not liable if you are unable to access the Learning Centre for any reason within your control, including your failure to use appropriate equipment or your insufficient broadband bandwidth.

10.10 These terms are governed by the law of England and Wales, and the parties agree to the exclusive jurisdiction of English Courts to resolve any disputes arising from or connected with these Terms, including non-contractual claims in each case.

11 Definitions

Contributions                            communications in any media, whether text, images, videos or otherwise, includes communications with us, Educators, other Learnersand any postsmade to the Learning Centre

Courses                                        any Course provided by an Educator and listed on the Learning Centre. Goods, services and/ordigital content offered made available by Educators for purchase in the Learning Centre

Live Events                                 any Live Event provided by an Educator and listed on the Learning Centre, including both an online event and an offline in person event;

Educator                                      a business which or individual who makes availableCourses and/or Live Events for purchase by you on the Learning Centre.

Learner                                       any individual who accesses a Course and/or enrols onto a Live Event on the Learning Centre and/or any individual who attends a Live Event booked through the Learning Centre;