These are the Terms and Conditions (Agreement) of Messy Little Hands (ABN 91 876 243 492) - referred to as "us", "our", "we", or "Premises" - for our website located at www.messylittlehands.com.au. The website is owned and operated by us. These Terms and Conditions include our Disclaimer and Privacy Policy, which can also be found on our website.

Please take a moment to carefully read through these conditions as they apply to all transactions between you and Messy Little Hands. These conditions cannot be waived or altered unless they are in writing and signed by us. By proceeding with a purchase on our website, you are indicating to us that you have read, understood, and agreed to these conditions. If you have any questions or concerns about our conditions or website, or any purchase you make through the website, please do not hesitate to contact us.

KEY POINTS:

Please read and agree to the following terms before booking a session with Messy Little Hands:

1. I understand that the session will involve various sensory play activities, some of which may be messy and include edible and non-edible products.

2. I agree to take full responsibility for the safety of my child/children during the session and ensure their safety and the safety of others.

3. I agree to stay with my child/children for the entire duration of the session.

4. I agree to inform Messy Little Hands of any allergies my child/children may have in writing before the session. Messy Little Hands will not be held responsible for undisclosed allergies during the session. I also agree not to hold Messy Little Hands responsible for any reactions that may occur due to the use of any ingredients or products during the session.

5. I understand that once the session is purchased, it is non-refundable. Failure to attend the session will result in forfeiture of the session fee. However, if I cancel according to the cancellation policy, a credit will be issued.

6. I understand that the sessions are held in a public space, which may not be fenced. I will be respectful of others and take full responsibility for the safety of my child/children during the session.

7. Messy Little Hands reserves the right to cancel any class that has less than 5 attendees. If Messy Little Hands cancels a class in accordance with this provision, it will issue a credit against your account, to be used for future classes.

By selecting and paying for a session with Messy Little Hands, you are acknowledging and agreeing to the terms and conditions outlined by Messy Little Hands. Please read these terms carefully before booking your session. Your payment serves as confirmation of your acceptance of these terms. If you have any questions or concerns about these terms, please do not hesitate to contact us for further clarification.

1. E-COMMERCE

While we take every care to make sure our online booking system is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or slot availability issue).

Please be aware that submitting a booking order through the Website does not form an agreement until we provide you with a confirmation of your booking. In the event of an error leading to your booking, we reserve the right to decline to complete the booking, but we will contact you to discuss alternative options. If we are unable or unwilling to confirm your booking, and you have already made payment, we will process a full refund as soon as possible. Please refer to clause 4 for any exceptions to this policy, otherwise, any cancellations will be processed in accordance with the terms of this Agreement.

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2. Payment

You agree to pay the purchase price listed on our website. Please note, we may occasionally need to correct accidental errors and omissions. We reserve the right to change our prices at any time by posting the updated price on our website.

You acknowledge and agree that payment in full and cleared funds is a requirement of this agreement. Any breach of this requirement will entitle us to terminate this agreement immediately. If your financial institution denies or returns a payment request or if payment is unpaid for any other reason, you are liable for any associated costs incurred by us, including banking fees and charges. We may also stop delivery of any goods until receiving payment in full.

Currently, we accept payments made via debit or credit card.

When you make a payment, you confirm to us that you have carefully read and agreed to the terms and conditions of any third-party payment gateway or processor or credit provider. You can find these terms on their respective websites. Please note that these services are provided by third parties and are available on our website for your convenience only. We are not liable for any issues, loss, or damage arising from the use of those facilities. In case you encounter any problems with a third-party provider on our website, kindly contact them directly.

3. DISCOUNTS AND COUPON CODES

We may offer discounts or coupon codes from time to time.

Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to purchase, not both).

Discounts and coupon codes are available for the stated time, or else for a period of thirty (30) days from the date that the offer was first made.

Unless we specify otherwise in our offer, discounts and coupon codes are available on full-priced bookings only.

Coupon codes are non-transferable and are not redeemable for cash under any circumstances.

We reserve the right to revoke any discount offer or coupon code at any time without notice.

4. CANCELLATION POLICY

As per the terms of this Agreement, you have the option to receive a session credit if you notify us of your booking cancellation at least 8 hours before your scheduled session time. For morning sessions, which begin at 9:30 AM, you must inform us of your cancellation by 8:00 PM the evening before. It's important to note that we do not provide refunds for cancelled sessions. However, if you are eligible, we may issue you a session credit, which will be governed by the conditions set out in this Agreement.

Store credit must be redeemed within three months of issue date and cannot be replaced or redeemed after that time.

Store credit is non-transferable and is not redeemable for cash under any circumstances, including any partial balance remaining after redemption.

To be able to receive and redeem store credit, it is necessary for you to have an account on our Website. In case you don't have an existing account, please create one beforehand to ensure that you can redeem the store credit offer.

Messy Little Hands reserves the right to cancel any class that has less than 5 attendees. If Messy Little Hands cancels a class in accordance with this provision, it will issue a credit against your account, to be used for future classes.

5. GIFT VOUCHERS

We sell gift vouchers on our Website. The gift voucher will be emailed to you and may be redeemed via our Website.

It is your sole responsibility as the purchaser to ensure that the voucher is stored securely and given only to the intended recipient.  

Unless those vouchers are expressed to be subject to other terms and conditions, these conditions apply.

Vouchers are redeemable for products or services sold by us on our website only and can’t be refunded, redeemed for cash or applied toward any special promotion or discounted offer.

Vouchers can be redeemed for six (6) months from the date of purchase or the date set out on the voucher and will expire after that date.

Vouchers are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption.

6. INDEMNITY

All individuals who attend a Messy Little Hands session or event hereby release, indemnify, and hold harmless Messy Little Hands, as well as any person or entity associated with or related to Messy Little Hands, from any liability for personal injury, property damage, or any other loss incurred during their participation in any activities related to the session or event. This includes injury, death, financial loss, or damage resulting directly or indirectly from any services provided or activities conducted by Messy Little Hands.

Each person attending services or activities supplied by Messy Little Hands further waives, as against Messy Little Hands and any person or entity associated with or related to Messy Little Hands, all claims and rights of action that the person may have against Messy Little Hands and any person or entity associated with or related to Messy Little Hands, including legal costs and disbursements, as a result of such personal injury, death, property damage or financial loss.

MESSY LITTLE HANDS WILL NOT BE RESPONSIBLE FOR DAMAGE OR LOSS TO ANY PERSONAL ITEMS SUCH AS CLOTHING. PLEASE MAKE SURE TO WEAR SOMETHING SUITABLE FOR THE SESSIONS PROVIDED.

The staff at Messy Little Hands are trained to provide first aid assistance if needed. However, they are not responsible for supervising children or ensuring their safety while attending the services or activities provided by Messy Little Hands. Although Messy Little Hands has implemented reasonable safety measures for visitors, it is the responsibility of every person attending a session or event to exercise caution to ensure their own safety and that of any children they bring with them. Messy Little Hands and its staff will not be liable for any accidents that occur to children as a result of insufficient supervision or carelessness on the part of parents or guardians.

7. NO FOOD OR DRINK

No food or drink are permitted to be brought into the session/event unless approved in writing prior to the session/event by Messy Little Hands. This is Except water to be brought in safe (non-breakable) bottle only.

8. HEALTH STANDARD

Children who are unwell or displaying symptoms of any illness are not permitted to attend the session/event held by Messy Little Hands. Each person using any of the play equipment and facilities must be in good physical health and not suffer from any physical or mental condition that is not disclosed to Messy Little Hands staff and must not be under any medical treatment that is not disclosed to Messy Little Hands staff.

9. INTELLECTUAL PROPERTY

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.

10. DISPUTE RESOLUTION

If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply, and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in New South Wales (unless we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within the Website Terms and Conditions or the thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.

Each of us agrees that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course, we’re seeking interlocutory relief).

11. VARIATION

We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately upon their being posted.

12. JURISDICTION

As we are based in New South Wales, these terms will be governed by the laws of New South Wales. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply, and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales and courts of appeal from them.

This document was last updated: 21 August, 2023

Wet Weather Policy

1. Cancellation and Rescheduling:

• In the event of wet weather, Messy Little Hands reserves the right to cancel outdoor sessions for the safety and comfort of all participants.

• If a session is cancelled due to wet weather, participants will be notified at least 1.5 hours before the scheduled start time via email and/or SMS.

• Cancelled sessions will be rescheduled to the next available date, and participants will be notified of the new date and time as soon as possible.

1. Refunds:

   • If a participant cannot attend the rescheduled session, they are entitled to a voucher. Voucher requests must be made within 48 hours of the cancellation notification.

   • Vouchers will be processed within 7 business days of the request. Vouchers have a 3-month Expiry.

2. Communication:

   • Participants are responsible for providing accurate and up-to-date contact information to ensure timely communication regarding cancellations and rescheduling.

3. On the Day of the Event:

   • In the event of uncertain weather conditions, participants are encouraged to check their email and/or SMS notifications for updates.

   • If weather conditions change unexpectedly during a session, Messy Little Hands staff will make a decision on whether to continue, pause, or cancel the session based on safety considerations.

4. Indoor Alternatives:

   • Where possible, Messy Little Hands will seek indoor alternatives for sessions affected by wet weather. Participants will be informed of any changes to the venue in advance.

By purchasing a service from Messy Little Hands events, you agree to abide by the above wet weather policy.