These terms and conditions and any schedules (as may be varied from time to time) shall constitute your membership agreement ("Membership Agreement") with Play Mandarin.
By registering as a member of Play Mandarin and attending our face-to-face classes, you agree to accept the terms of this Membership Agreement. Please print out and save a copy of your Membership Agreement and contact us in case of any issues. We will keep a record of your acceptance of this Membership Agreement.
"Annual Fee" means the Fee payable on joining and annually for a "pay as you go" Membership.
"Booking" means the booking on the Website of a class or series of classes or other facilities and events provided by Play Mandarin.
"Play Mandarin" (or "us, we are") means PLAY MANDARIN LTD, a company registered in England and Wales under company number 13866923 and whose registered address is 40 Henfield Road, London, SW19 3HH.
"Class Fee" means the Fee for an individual class.
"Club" means the Play Mandarin Club you have chosen to join as your primary club.
"Commencement Date" means the date you pay your Joining Fee and first Monthly Fee (or a deferred Commencement Date as agreed by us)
"Joining Fee" means the Fee you must pay to become a Member. The Joining Fee is per Club.
"Fees" means the Joining Fee, Monthly Fee, Annual Fee, and any other fee Play Mandarin charges for its membership services.
"Monthly Fees" means the monthly Fee payable as a monthly Member
"Membership" or "Member" (or "you" or "your") indicates your Membership in a Play Mandarin Club
"Partners" means third-party businesses which assist in providing classes or other services to our Members (which shall include, without limitation, Premises, instructors, teachers, our third-party payment processor or businesses that offer discounts or other services to Members)
"Premises" means any of the premises that Play Mandarin provides its services to Members
"Online Classes" means the provision of an online group where we teach a selection of Play Mandarin classes. A timetable of Online Classes will be published on the Website. All members will automatically get access to our Online Classes.
"Website" means [www.playmandarin.co.uk]
2.1 Your Membership will start on the Commencement Date at the Play Mandarin Club you have chosen to join and for the type of Membership you have chosen (i.e. Unlimited, Pick Your 4 Plan etc.).
2.2 You shall pay the Joining Fee when joining at the rate specified by Play Mandarin.
2.3 Play Mandarin reserves the right to amend its Fees at any time. Unless existing Members have been notified in writing of new Fees applicable to their Membership, any new Fees on the Site will only apply to new Members.
2.4 Apart from 2.5 below, all Fees paid upfront are non-refundable (save for at the sole discretion of Play Mandarin).
2.5 You are entitled to a 14-day cooling-off starting from your Commencement Date. If you no longer wish to be a Member within this 14-day trial period, please contact your Club, where we will refund your Monthly Fee (less than £15 per face-to-face class attended). Please note that Joining Fee is non-refundable.
2.6 In addition to this Membership Agreement, all Members shall be bound by any separate rules provided by the Premises or our Partners, which shall be made available to the Members.
2.7 Play Mandarin reserves the right to reject any application for Membership at its sole discretion.
2.8 We may sometimes need to change times, session type or location of classes. If we need to do this, we will, where reasonably possible, send you an email notifying you of the change or announce the Booking system, Email, Instagram and Facebook.
2.9 Members (parents) must be over 18 years of age unless agreed with Play Mandarin.
2.10 To make a Booking on the Website and App, you will be provided with secure access to the self-service part of the Website, where you can set up a secure login with a username and password. In addition, you will be able to view classes booked and make additional bookings.
2.11 On entering the Premises or receiving a service from one of our Partners, you may be asked to produce your Membership card or booking confirmation. Premises and Partners reserve the right to refuse entry/discount or services if your booking confirmation is not presented.
2.12 Your Membership package is for personal use only (per registered child). You may not loan your Membership package to anyone else (including siblings).
2.14 Our third-party payment processor takes payment for Fees. On Booking, you will leave the Website and enter a third party's booking engine, followed by another third party's payment website. Payment is then taken by credit or debit card via a secure connection. Play Mandarin does not have access to your payment card details. Once you leave our Website, you are subject to the terms and conditions of our third-party booking engine and payment processor. We are not liable for any damage caused by our Partner's services.
2.15 We will occasionally take photographs and video footage of you and your children's participation in classes and events. We will confirm consent from you before we promote such images and footage for Play Mandarin's services (a consent questionnaire is mandatory when filling in the sign-up form). Please inform us immediately if you do not wish us to use such photographs and footage this way. Likewise, please let us know if you want to prevent your child from participating in group or personal photos altogether.
2.16 The monthly Membership starts from the Commencement Date. It runs for one calendar month (for example, if you pay your Joining Fee/Monthly Fee on 17th February, your monthly Membership runs from 17th February – 16th March and rolls over monthly until terminated following section 3 below).
2.17 We will take your Monthly Fee from your account on the same date each month until you email us to terminate your Membership under section 3 below.
2.18 Should your Club need to suspend classes for any reason (for example, due to the coronavirus outbreak), your class credits will remain in your account for future bookings.
2.19 Members who book a class and wish to cancel must do so via our online booking engine at least 24 hours before class starts. If you do not cancel within this timeframe and do not attend the class, you will be treated as having booked and attended, meaning that class credit will have been used. We run a strict three strikes, and you are out of the process and reserve the right to suspend your access for a weekend or cancel your Membership if class bookings are not cancelled using this process.
2.20 Members can book and attend classes at any Play Mandarin Club.
2.21 Paying the Monthly Fee entitles the Member to attend (i) unlimited classes where they have joined as an Unlimited Member, (ii) 4 classes per month where they have joined as a Pick Your 4 Member. Any unused Pick Your Class credits can be rolled over to use the following month and will accumulate, provided you are still a monthly Member. All Pick Your 4 and Unlimited Members will automatically get access to our Online Classes (If any).
2.22 Members can downgrade their Membership from Unlimited to Pick Your 4 by providing us with one month's written notice.
2.23 Members can enjoy extra discounts based on their chosen packages. The discount rate will be subject to our latest offer, which please refer to our price and packages page on Website.
3. Term and Termination
3.1 Your Membership Agreement shall commence on the Commencement Date and continue until terminated per these terms.
3.2 We may terminate your Membership in the following circumstances (not limited to):
You breach any term of this Membership Agreement
You provide us with false details
Fraudulent or abusive behaviour
Non-payment of Fees
"Pay as you go" Members who have not attended classes within six months.
Play Mandarin reserves the right to terminate a Membership at any time and at its sole discretion. We will notify you of our decision to do so.
3.3 Members shall have the right to cancel their Membership within one month from their payment date upon receiving notice of any modifications to the Membership Agreement. Cancellation requests must be submitted in writing or through the designated cancellation form provided by the club.
3.4 We cannot pro-rata a refund of your final Monthly Fee, so please ensure you terminate at least one week before the date your Monthly Fee is paid as per 3.3 above.
3.5 You may upgrade at any time with an immediate effect or downgrade your Membership at any time by providing us with one month's written notice as per the process in section 2.23.
3.6 "Pay as you go" Members can terminate at any time. There will be no refund of the Joining Fee for early termination.
3.7 Any Pick Your 4 credits must be used by your Membership's termination date. Unused class credits will not be refunded for any reason.
3.8 Any Workshops and Holiday Camp Bookings are not refundable for any reason. However, you can transfer the ticket to another child who wishes to attend.
3.9 Members are permitted to temporarily freeze their Membership twice within a calendar year, with each freeze lasting up to a maximum of 3 months. To initiate a freeze, members must provide one month's written notice, calculated based on the entirety of the calendar month corresponding to their monthly payment date. It is important to note that during the frozen period, members will be unable to make bookings. To request a freeze, please contact Play Mandarin via email at firstname.lastname@example.org.
3.10 In the event that members fail to reactivate the membership by the conclusion of the freezing period, both the membership and associated package will be automatically terminated.
3.11 New prices will be applied to all returned members if there has been a price update. This includes frozen members and cancellations.
3.12 Friend's referral scheme is only available when your friend signs up and provides your name upon the sign-up. And You must be an existing monthly member to refer friends and receive a discount.
3.13 When converting from monthly membership (PY4) to Pay As You Go package, you can carry over 6 exsiting credits upon your purchase of Pay As You Go.
4. Amendments to the Membership Agreement
4.1 We reserve the right to modify the terms and conditions of this Membership Agreement, including but not limited to pricing, services offered, or any other relevant terms, with at least one month's prior notice to all members. Such changes will become effective on the date specified in the notice. The Membership Agreement in place as of your Commencement Date or any subsequent revised Agreement you have agreed to will govern your Membership unless otherwise stated.
5. Member Conduct
5.1 Play Mandarin classes and services are provided to you on Premises owned and operated by our third-party Partners.
5.2 Please respect any rules provided by our Partners. Play Mandarin reserves the right at its sole discretion to terminate your Membership if a Partner makes us aware of any conduct which breaches their Premises rules or is otherwise disrespectful to the Partner's staff.
5.3 our Partners or we do not tolerate abusive, threatening conduct, offensive language and/or behaviour.
5.4 our Partners and we shall be entitled (at our sole discretion) to reasonably refuse entrance to Premises or terminate Membership if a Member or their children's behaviour is deemed unacceptable or endangers the safety or well-being of any individual.
5.5 Members are respectfully requested to arrive for classes and events on time.
5.6 please contact your child/children's GP if you are in doubt about whether you or your child are fit and well enough to participate in our classes or events before starting a class. Play Mandarin teachers and staff at our Partner Premises are not medically trained or qualified to assess it on behalf of a GP.
5.7 All Members must complete a sign-up form on joining. In addition, you are requested to make us aware of your child's medical conditions.
5.8 You will only participate in our classes and events if you know your child is healthy. You are obliged to inform us of any medical issues that may impact your child's ability to participate in our classes.
5.9 Your child will not participate in our classes or events if you know your child's health could have an adverse impact on other Members' health and will not attend classes if you are aware your child has a contagious illness or where there is a risk to the health and safety of other Members, our teachers or Partners' staff. In particular, if you suspect you or a member of your family has contracted COVID-19, please inform us immediately and do not attend any classes for 14 days.
5.10 You agree to respect the privacy of other members and, in particular, that neither you nor any of your family shall film or photograph (or receive pictures and videos) any other members or their children or any third parties during our classes.
5.11 You agree to seek consent before posting photographs or videos of the other children on social media.
5.12 A breach of this section shall entitle us to terminate your Membership.
6.1 We try to make sure that all information we post on the Website and provide as part of any Services is correct, and we will use reasonable care and skill in providing the Services to you.
6.2 To the maximum extent permitted by law, our Partners and we shall not be liable for any indirect, incidental or special loss, data, or goodwill, whether such damage could have been foreseen or whether we were advised of the possibility of such damage or loss. We will not be liable for such losses or damage in connection with our services, whether arising in contract, tort or otherwise.
6.3 Notwithstanding section 6.2 above, if you suffer damage as a result of our failure to fulfil our obligations to you under this Membership Agreement or as a result of our negligent act or omission, our liability to compensate you are limited to the lesser of (i) the amount of Fees we have received from you in one year; or (ii) a reasonable sum having regard to whether our negligent act or omission caused the damage.
6.4 Neither our Partners nor we will be liable to you for the following:
Any loss or damage caused by your or your child's fault
Any loss or damage caused by a third party unconnected with us or our Partners.
6.5 Neither our Partners nor we will be liable for any loss or damage caused to any property or personal items brought to the Premises
6.6 Neither our Partners nor we shall be liable to you for any loss or damage caused by events outside our reasonable control (i.e. acts of terrorism, riots, floods, freak weather, snow, fire etc.)
6.7 You and your child participate in all of our classes, activities and events at your own risk.
6.8 You confirm that if you participate in our Online Classes, you do so (i) at your own risk, (ii) in a safe environment in your own home/or your chosen place, and (iii) you confirm that you are generally fit and healthy and have no underlying health issues that may adversely impact upon your participation in the Online Classes. You expressly waive and release any claim you may have at any time for injury of any kind against us and our Partners. You assume all risks of injury by using Online Classes. Please only use the Online Classes if you accept this responsibility.
6.9 Nothing in this section shall exclude our liability for death or personal injury caused by our negligence or any other liability not excludable by law
This Membership Agreement shall confer no rights on any third parties (other than Partners), and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
You agree to indemnify us against all liabilities, claims and expenses arising from any breach of this Membership Agreement by you.
Your Membership is not assignable to any third party. However, we may assign our obligations under this Membership Agreement to a third party on written notice to you.
This Membership Agreement supersedes all prior agreements between you and us and constitutes the entire agreement governing your Membership.
This Membership Agreement shall be governed by English law, and any disputes shall be referred to the courts of England and Wales.
If you have any issues with your Membership, please email your Club directly.
Dated [updated on the 1st June 2023]