Membership Agreement
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.
1. General Terms
1.1 Definitions
"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 office address is at Highland House, 165 The Broadway, London, SW19 1NE.
"Class Fee" means the Fee for an individual class.
"Home 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 membership.
"Fees" means the Joining Fee, Monthly Fee, Annual Fee, Workshop Fee, Holiday Camp Fee, and any other fee Play Mandarin charges for its membership services/classes.
"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 classes 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, Self-service and App. All members will automatically get access to our Online Classes.
"Website" means [https://www.playmandarin.co.uk/login]
2. Membership
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 Upon joining, you agree to remit the Joining Fee as specified by Play Mandarin. Rejoining members may also be subject to the Joining Fee.
2.3 Play Mandarin reserves the right to adjust its Fees at its discretion. Existing Members will be informed of any changes in Fees via written notification sent to their registered email addresses. New Fees posted on the Site will solely affect new Members, unless explicitly communicated otherwise to existing 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, App, Email, Instagram or Facebook.
2.9 Members (parents) must be over 18 years of age unless agreed with Play Mandarin.
2.10 On entering the Premises or receiving a service from one of our Partners, you may be asked to produce your booking confirmation. Premises and Partners reserve the right to refuse entry or services if your booking confirmation is not presented.
2.11 Your Membership package is for personal use only (per registered child). You may not loan your Membership package (class credits) to anyone else (including siblings).
2.12 The use by our Partners of your data and us shall follow our privacy policy and any privacy policy of our Partners.
2.13 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.
2.14 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.
2.15 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.
PAYMENT TERMS AND DATES
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.
CLASS BOOKINGS
2.18 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.
2.19 Members who book a class and wish to cancel must do so via our online booking engine at least 24 hours (2 hours for the Baby Classes) 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.
2.20 Play Mandarin maintains a strict policy regarding attendance, utilising a three-strikes system. Failure to adhere to the cancellation procedure for class bookings may result in the suspension of access for a weekend or the termination of Membership privileges.
2.21 Members can book and attend classes at any Play Mandarin Club.
CLASS CREDITS
2.22 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).
2.23 Baby Packages entitle users exclusively to book Baby Classes.
2.24 Upon your child turning 3 and transitioning to the 3-6 year old classes, any remaining credits from your Baby Package will be converted to Over 3 Package credits. This conversion will be based on a ratio of 10:7, with ten baby class credits being exchanged for seven over 3-year-old class credits.
2.25 In the event of class suspensions due to circumstances such as the coronavirus outbreak, your class credits will be retained in your account for future bookings. Please note that this provision does not apply to our standard closure during bank holiday weekends.
3. Term (Upgrade, Downgrade, Freeze, and cancellation)
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.
CANCELLATION
3.3 Members must provide a full calendar month's notice from their payment date in order to cancel their Membership. Cancellation requests must be submitted in writing and through the designated cancellation form provided by the club website (www.playmandarin.co.uk/cancel).
3.4 We cannot pro-rata a refund of your final Monthly Fee, so please ensure you submit your cancellation form at least one week before the date your final Monthly Fee is paid as per 3.3 above.
3.5 "Pay as you go" Members can terminate at any time. There will be no refund of the Package Fee and Joining Fee for early termination.
3.6 Any Pick Your 4 credits must be used by your Membership's termination date. Unused class credits will not be refunded for any reason.
3.7 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.
UPGRADE and DOWNGRADE
3.8 You may upgrade at any time with an immediate effect.
3.9 Members have the option to downgrade their Membership at any time by providing Play Mandarin with one month's advance written notice, calculated from their payment date. This downgrade process must adhere to the cancellation protocol specified by Play Mandarin.
FREEZING (Pausing Your Membership)
3.10 Members have the privilege of temporarily suspending their Membership twice within a calendar year, starting from the date of their initial freezing request. Each freeze period may extend for a maximum duration of 3 months. To initiate a freeze, members must provide one month's written notice and fill in the freezing form from our website. A month’s notice is 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 as the account will be frozen. To request a freeze, please fill in our freezing form (www.playmandarin.co.uk/freeze), or contact Play Mandarin via email at office@playmandarin.co.uk.
3.11 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.
3.12 New prices will be applied to all returned members if there has been a price update. This includes frozen members and cancellations.
REFERRALS
3.13 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.
PAY AS YOU GO
3.14 The Pay As You Go option is exclusively available for purchase by existing monthly members.
3.15 When transitioning from a monthly membership (PY4) to a Pay As You Go package, you have the option to carry over up to 6 existing credits upon your purchase of the Pay As You Go package. These carried-over credits will remain valid for a period of 6 months from the date of transition, during which time they can be utilised.
3.16 Pay As You Go users are not entitled to receive Member discounts, such as those offered for holidays and workshops. Non-member rates will be applied to Pay As You Go users.
4. Tax-Free Childcare Payment Plan
4.1 Tax-Free Childcare Payment Plan is a term-based plan. Under the Tax-Free Childcare Plan, each term lasts four months. This means your selected plan will remain valid for four months. Any unused credits will not be carried over outside the four-month period.
4.2 Since our system does not employ auto-renewal, it is incumbent upon you to inform us and make payment should you desire to continue with the plan for subsequent terms. Failure to remit payment and confirmation at the conclusion of your Tax-Free Childcare Payment Plan Term will result in the closure of your account.
4.3 Should your account have been previously closed, a re-joining fee may be levied. This includes instances of missed payments between Tax-Free Childcare Payment Plan terms.
4.4 Members enrolled in the Tax-Free Childcare Payment Plan are eligible to receive membership discounts when booking holiday camps and workshops during their 4-month term. Bookings for holiday camps and workshops must occur within the specified 4-month term.
4.5 Members enrolled in the Tax-Free Childcare Payment Plan are not permitted to freeze their membership during the 4-month term.
4.6 However, members may still request a freeze at any point within the 4-month term, subject to the freezing process outlined for monthly memberships.
4.7 The Tax-Free Childcare Payment Plan becomes non-refundable once the membership fee has been paid.
5. Amendments to the Membership Agreement
5.1 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 or notified.
6. Member Conduct
6.1 Play Mandarin classes and services are provided to you on Premises owned and operated by our third-party Partners.
6.2 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.
6.3 our Partners or we do not tolerate abusive, threatening conduct, offensive language and/or behaviour.
6.4 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.
6.5 Members are respectfully requested to arrive for classes and events on time.
6.6 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.
6.7 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.
6.8 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.
6.9 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 7 days.
6.10 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.
6.11 You agree to seek consent before posting photographs or videos of the other children on social media.
6.12 A breach of this section shall entitle us to terminate your Membership.
7. Liability
7.1 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.
7.2 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.
7.3 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.
7.4 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.
7.5 Neither our Partners nor we will be liable for any loss or damage caused to any property or personal items brought to the Premises
7.6 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.)
7.7 At family events, you and your child participate in all of our classes, activities and events at your own risk.
7.8 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.
7.9 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
8. Miscellaneous
8.1 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.
8,2 You agree to indemnify us against all liabilities, claims and expenses arising from any breach of this Membership Agreement by you.
8.3 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.
8,4 This Membership Agreement supersedes all prior agreements between you and us and constitutes the entire agreement governing your Membership.
8,5 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 26th March 2024]