1. Who we are
We are Play Included C.I.C. (“Play Included” or "we" or "us" or "our") and we specialise in training, courses and resources for professionals and parents in how to use LEGO® bricks to support young people’s social and emotional development, including through the Brick-by-Brick® programme. We are a community interest company registered in England under company number 11429775. Our registered address is the Officers' Mess Business Centre Royston Road, Duxford, Cambridge, England, CB22 4QH. Our contact details are: email@example.com. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2. These terms
2.1 What these terms and conditions cover
These are the terms and conditions that shall apply to the booking of our Brick-by-Brick® programme "Initiate" training courses (“Course”) by the person or organisation set out in the online account at our website and / or on the online order form (“you”). The order form for each Course available on our website ("Registration Form") and these terms, together with the documents referred to in the ("Terms") (defined below) together form the contract ("Contract") between you and us for your attendance on the Course (once selected and confirmed following the "Order Process" as detailed in clause 3.1 below) named in the Registration Form and the Contract applies to the exclusion of any terms which you may seek to impose. If you think that there is a mistake in these Terms, then please contact us.
2.2 Application of these Terms
These Terms apply to Courses that you pay for when you submit a Registration Form to us, or otherwise pay in advance of receiving access to the Course, the Course Materials or the Brick Club Materials (as defined below). If you do not or will not pay for your Course in this way, other terms may be applicable to you. Please consult our website for full details regarding which terms may apply to you.
2.3 Why you should read these Terms
We strongly recommend you carefully read and print a copy of these terms and conditions before you apply for a Course. These Terms govern the contract between you and us (and, specifically, in relation to your access to the Course and Course Materials). They tell you who we are, how we provide the Course, how you and we may change or end the Course or Contract, what to do if there is a problem and other important information. The contract between you and us is enforceable once we have notified you that your application to attend a Course has been successful following the Order Process (as set out below).
2.4 Your agreement to the Terms
By ordering a Course via our website, or accessing the Course or any data (including, but not limited to, training material, examinations, documents, graphics, animations, text, images, audio files, video and interactive content) provided to you during the course of the Course or supplied to you by us prior to or during the Course (collectively the "Course Materials"), you will need to click on the button marked: "By ticking below, I confirm that I have read and accept: Booking terms and conditions…”]. By clicking this button and submitting your Registration Form, you confirm that you have read, accept and agree to be bound by the Terms and any other supplemental terms and policies we may, from time to time, refer to. If you do not agree with any of the Terms, you should not complete and submit a Registration Form, and notify us of your disagreement immediately. You represent that you are of a legal age in your jurisdiction to form a binding contract, but in any event at least eighteen (18) years old.
2.5 Changes to the Terms
We may amend or change the Terms at any time to reflect changes to our business or changes in the law. It is your responsibility to review these Terms each time you purchase a Course. The modified Terms will be posted here playincluded.com/terms-and-conditions and will be effective ten (10) days after posting, and your continued attendance on the Course, or use of any Course Materials (including, without limitation, after the Course has concluded), or any part thereof, thereafter shall constitute your acceptance of such changes. Please check the above webpage regularly for any changes to these Terms.
3. Your booking
3.1 Order Process
In order to participate in the Course and / or access the Course and Course Materials, you must apply using the Registration Form. Submitting an Registration Form does not guarantee participation in a Course and the approval and / or acceptance of your Registration Form is subject to certain pre-requirements, such as meeting certain acceptance criteria, as may be determined by us from time to time, including (without limitation) those specified or referred to on our website and / or at checkout for a Course at our website, our code of conduct and safeguarding policy (as available on our website, as updated from time to time) and compliance with various policies of the Lego Foundation, including (without limitation) the Child Protection Policy (collectively the “Prerequisites”). When you submit a Registration Form you must tick the appropriate box to state that you agree that you fulfil all the necessary Prerequisites for the Course. Further information on the Prerequisites can be found at Schedule 1. Play Included reserves the right to change, and / or waive, any Prerequisites for any Course, at any time and at its sole and absolute discretion.
3.2 Acceptance of your booking
All Courses are subject to availability. We reserve the absolute right to refuse, cancel or change Courses and / or any order for a place on a Course, including (without limitation) if we know or have reason to believe (in our sole opinion) that any information you submitted is incorrect or changes before, during or after the Course(s) you booked, or you failed to notify us of any changes to or inaccuracies in any information you submitted within a timeframe we (in our sole opinion) deem appropriate. Your order is not confirmed until we have confirmed acceptance of your order by email. The legally binding Contract shall come into existence once you have received a confirmation of your order via an approval email, which is sent after full payment by you (“Confirmation Email”). You may participate in a Course only if and when you have received a Confirmation Email.
3.3 You are responsible for checking your booking details
It is your responsibility to check carefully your details on your online account at our website, which will be those that appear on any Order prior to submission ("Details"). You must keep your Details up to date, correct and accurate. The Confirmation Email is issued based on the Details. You must immediately and without delay notify us: a) via the Portal (defined below) if any of your Details and / or any of the information you submitted (other than your email address) changes or is no longer correct and / or accurate; or, b) via email to the email address firstname.lastname@example.org where your email address changes or is no longer correct and / or accurate. If you need to cancel or change your Details and / or any of the information you submitted at any point after receipt of your Confirmation Email, you may have to pay amendment or cancellation costs, which may be as much as the total cost of the application for the Course.
3.4 Changes to our offering
We may adapt, alter, remove and / or replace our available Courses from time to time. It is your responsibility to check our website for full details of the Courses that are available, their cost and any other details for those Courses. Your rights in clause 7.1 shall apply if we make any changes to a Course after you have received a Confirmation Email.
4. The Course
4.1 Course details
Course details are available on our website and may be updated by us from time to time. It is your responsibility to check the Course details. You will not be entitled to receive, and we will not be responsible for providing, any additional services to you that are not included in the Course details.
4.2 Course type
You are responsible for selecting and submitting your Registration Form for the Course. We will be responsible for the provision of the Course. We are not responsible or liable to you if you cannot access a Course or any Course Materials due to your technical or IT limitations.
4.3 Access to the Course
Upon receipt of the Confirmation Email for a Course, you will be granted access to the Course Materials for that Course via a hyperlink in an email and via our online portal at our website, located at playincluded.com/portal ("Portal"). All Course Materials for the Course are accessible and available only online via our website.
4.4 Course assessments
The Course may include assessments designed to assess your understanding of the principles you have learned and training you have been given as part of any Course ("Assessment(s)"). You are required to complete to our satisfactory standard ("Pass") any Assessment(s) which is / are included in a Course. If you fail to Pass any Assessment(s), you shall not complete the corresponding Course(s). We may elect, at our sole discretion, to allow you to re-sit any Assessment(s) you have failed to Pass. When you Pass certain Assessment(s), you are provided with a certificate for that Course ("Certificate"). You may take any Assessment(s) provided to you at any point throughout the Course, but you are required to Pass and obtain a Certificate for certain Assessment(s) prior to Course Completion.
4.5 Completing a Course
You will complete a Course when you have attended all online elements of a Course, and received a Certificate in respect of the requisite Assessments for a Course ("Course Completion").
4.6 Brick Club Materials
Upon your Course Completion, you will be granted access via the Portal to various additional texts, documents and other materials (including, but not limited to, training material, examinations, documents, graphics, animations, text, images, audio files, video and interactive content) (collectively, "Brick Club Materials"). We reserve the right to disable your access to the Brick Club Materials and / or require you to promptly return all Brick Club Materials to us at any time and for any reason. We may update the Brick Club Materials, from time to time, at our sole discretion, without notice to you ("Updates"). Where we make Updates to the Brick Club Materials ("Updated Brick Club Materials"), you must have an active, valid and fully-paid up Membership (as defined below) to obtain a continued licence to and to access and use such other materials as we may elect from time to time, including (without limitation) any Course Materials and / or Brick Club Materials and / or Updated Brick Club Materials, and our intellectual property in the same, as set out clause 10.
4.7 Use of the Certificate
Subject always to these Terms and your compliance with these Terms at all times, you may only use a Certificate to: i) demonstrate your Course Completion; ii) in connection with continuing professional development (CPD); and, iii) in order to organise, deliver, host or otherwise deliver the Brick-by-Brick® programme as we may permit from time to time, which may include (without limitation) "Brick Clubs" as named by us and the details of which may be set out at our website (playincluded.com)("Brick Clubs").
4.8 Your responsibility to engage in the Course
You are responsible to ensure that any work required by a Course is completed in the timescales required as advised by us, including (without limitation) the Assessment. Failure to complete such work in accordance with our instructions may mean that you are not permitted to complete the Course. We will not refund any element of the Fees (defined below) in this situation. Your Certificate will be delivered in electronic form only, via email, to the email address you provide in your Details. It is your responsibility to monitor and check your email address (including any spam or junk folders or equivalent) for the Certificate. If your Certificate fails to arrive by the scheduled date for delivery or at all, please immediately and without delay contact us via email at email@example.com so that we can arrange for the re-delivery of your Certificate. If you do not notify us as above, or delay such notification, there may be delays in arranging the re-delivery of your Certificate.
4.9 Our right to refuse entry or remove participants from a Course
We operate a zero-tolerance policy in relation to inappropriate behaviour of delegates / participants. In particular, abusive or violent behaviour directed at our staff, instructors or other students and / or participants and unfair or dishonest practices, including but not limited to, cheating, bullying, libel, or defamation will not be tolerated under any circumstances. We may, at our reasonable discretion, and without liability or an obligation to refund Fees (defined below), refuse to accept for a Course or refuse to admit into a Course a delegate / participant for a Course, and we may remove from a Course any delegate / participant whose participation in any Course would, in our reasonable opinion, be undesirable or whose behaviour we reasonably consider is or may be in breach of these Terms.
4.10 Authorisation to use your comments and other materials
By attending a Course or providing any Marketing Materials (defined below) to us, you agree that we may use, reproduce, and / or publish in any way whatsoever (without any payment being due to you) any comments and / or other materials created or developed by you and / or that may pertain to you (including your image, likeness and / or voice) (collectively, "Marketing Materials"), and that we may licence others to do the same. Marketing Materials may be used (without limitation) in various publications, releases, marketing material, broadcast material, on the website or for other related endeavours.
5. Fees and payment
You shall pay the fees for the Course as specified on our website or Registration Form unless a different price has been agreed by us in writing ("Fees").
5.2 Payment of Fees
When you submit a Registration Form, you must pay the Fees for the Course. Please be aware that any failure to pay the Fees will result in you not being able to access or use any Course Materials, and / or participate in the Course.
Fees are advertised inclusive of VAT and other applicable taxes. VAT will be applied to the Fees at the time of payment.
6.1 Initial Membership
When you book your first Course with us (and pay the appropriate Fees for that Couse) ("Membership Date") we grant you a royalty-free, non-sublicensable, non-transferable, limited licence in the UK only, revocable at any time by us without notice to you, for one (1) calendar year from the date of your Registration Form for the first Course you book with us ("Initial Term"), to use and access our Portal for the purpose of receiving and participating in the Course and delivering the Brick-by-Brick® programme ("Membership").
6.2 Membership Renewals
After your Initial Term, your Membership will automatically terminate and you will lose access to the resources (including, without limitation, the Course Materials and Brick Club Materials) and all other membership benefits unless you sign-up and agree to renew your Membership on the Portal, paying the appropriate fees as set out below in clause 6.3. The duration of your Membership will be one (1) year periods from the date of renewal (each renewal term being a "Renewal Term") unless you cancel your Membership in the membership area on the Portal no less than fourteen (14) days before the end of the Renewal Term. We will use reasonable endeavours to notify you prior to the expiration of your Membership.
6.3 Membership Fees
Our Membership fees are available on our website at www.playincluded.com, and may be updated from time to time by us, without notice to you ("Membership Fees"). You must pay the Membership Fees in the method specified by us (from time to time) when you renew your Membership, at the start of each Renewal Term.
6.4. Membership Benefits
We may update and amend the benefits of your Membership from time to time (at our sole discretion), examples of benefits may include (without limitation) access to the membership area of the Portal, access to the Course Materials, access to the Community of Practice, access to live online Q&A sessions with experts, access to new CPD content and / or access to Updated Brick Club Materials. For a full list of benefits please visit the appropriate page on our website. Please note that you are required to have an active (and not expired) Membership in order to organise, deliver, host or otherwise run any other courses recognised by us, including (without limitation) any Brick-by-Brick® programme.
6.5 Requirements for Membership
Your Membership is, at all times, subject to your continued adherence to and ability to meet certain pre-requirements as may be determined by us from time to time ("Membership Requirements"), and our continued receipt of statements from confirming your continued adherence to the Membership Requirements.
7. Your rights to cancel
7.1 No cancellation after access
By viewing, downloading, using or otherwise accessing (in any way) the Course or any of the Course Materials you waive right to cancel your order for a Course and any fees paid by you in connection with a Course are not refundable.
7.2 No cancellation or refund after Confirmation Email
We need to protect the time and cost we have invested into creating and providing our Course and the materials for the same. Our Course Materials are available and accessible to you instantly upon the issuance of the Confirmation Email. Once a Confirmation Email issued in respect of your Course, you are no longer entitled to cancel your Course and any fees paid by you in connection with a Course are not refundable.
7.3 Changing your mind.
Subject always to clauses 7.1 and 7.3, if you are a consumer and you change your mind within fourteen (14) days of your submission of your Registration Form for a Course, you may apply to us to cancel your booking for that Course and receive a refund of Fees.
7.4 Returning Course Materials
You must return any Course Materials (and must not retain any copies in any form of such materials) you may have received from us no later than fourteen (14) days after you inform us of your intention to cancel. Any rights you are granted under these Terms in connection with any Course Materials are immediately rescinded when you cancel. You will be liable for the cost of returning any Course Materials to us unless we have agreed otherwise in writing. We reserve the right to withhold payment of part or all of your refund of any Fees (if applicable) until all Course Materials has been returned.
7.5 How to cancel
Subject to these Terms, you may apply to cancel your booking for a Course by emailing us at firstname.lastname@example.org.
7.6 How we will refund you
If you are entitled to a refund under these Terms, we will make such a refund to the method you used for payment. We will make any refunds due to you as soon as possible.
8. Our right to cancel or reschedule a course
8.1 Withdrawal or rescheduling of Courses
We reserve the right to cancel or reschedule a Course at any time and for any reason. We will not be liable to you for any other losses you may suffer as a result of the cancellation or rescheduling of a Course.
9. Our right to cancel the contract
9.1 We may end the contract if you break it
We may end the Contract at any time by writing to you if:
a. you do not make any payment to us when it is due and you still do not make payment within seven (7) calendar days of us reminding you that payment is due; or
b. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Course.
9.2 You must compensate us if you break the contract
If we end the Contract in one or more of the situations set out in clause 9.1 we will refund any Fees you have paid in advance for the Course where we have not provided it but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. Intellectual property rights
10.1 The Materials
We and our third-party providers and licensors retain all rights, title and interest in and to the Course Materials and Brick Club Materials (collectively, the "Materials").
You shall not copy, reproduce, sell, offer for sale, republish, post, transmit or redistribute the Materials without our prior written consent.
10.3 Your licence to use
Subject always to these Terms and your compliance with these Terms at all times, and provided you have paid the Fees in full, we grant you a royalty-free, non-exclusive, non-transferable, non-assignable, non-sublicensable licence, revocable at any time by us without notice to you, to use the Materials solely : i) to the extent required for you to participate in the Course and complete any training and / or examination included within the Course in accordance with these Terms; and, ii) as part of such courses as we may permit you to organise, deliver, host or otherwise run from time to time, which may include (without limitation) Brick Clubs. For clarity, other than as expressly permitted by this clause 10.3, during the Course and / or after Course Completion you are not entitled to use the Materials in connection with the delivery of any training, education or programmes (without limitation, the Brick-by-Brick® programme) and / or any commercial purpose or for any other reason other than as expressly permitted in these Terms.
10.4 Use of our IP after the Course
We grant you a royalty-free, non-exclusive, revocable, non-transferable, non-assignable, non-sublicensable licence to use the mark "Brick-by-Brick" (the "Mark") in respect of: a) referring to your participation in and, as appropriate, completion of our Course; and, b) such other uses are we may expressly, in advance and in writing, permit from time to time (the "Licence"). We only grant the Licence where: a) you have achieved Course Completion; and, b) always use the symbol for registered trade mark protection alongside the Mark, in the format " Brick-by-Brick®". We do not grant you any other rights to use our intellectual property (including, without limitation, the Mark) and / or the Materials except as set out in these Terms. You further agree that you shall not state, indicate or otherwise suggest or infer (either directly or indirectly) that: a) you are an accredited, qualified or certified Brick-by-Brick or Play Included facilitator, trainer or therapist; b) you represent the Brick-by-Brick® programme or Play Included, or are employed by, associated or connected with Play Included; and, c) you deliver any training, education or programmes using any of the Materials (collectively the "Disallowed Actions"), or take or engage in any action similar to the Disallowed Actions. For clarity, the Disallowed Actions are not an exhaustive list and we reserve the right to take any action against you we deem necessary to protect our Intellectual Property.
11.1 We will provide the Course in accordance with clause 4.1. We warrant that the Course Materials, and any demonstrations shall be prepared and provided using reasonable care and skill. The Course, documentation, and any content whatsoever are provided and made available to you on an “as is” and “as available” basis, with all faults, and without any representation, warranty, guarantee or condition of any kind whatsoever, whether express, implied or statutory, including without limitation any implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, quiet possession, title, quality of services, non-infringement, or that otherwise arise from a course of performance or dealing, or usage of trade, all of which are hereby disclaimed by Play Included and its licensors and suppliers.
11.2 The Course is not designed to meet any person’s individual requirements and you are fully responsible for determining whether the Course is: (a) sufficient and appropriate for your specific purposes; and (b) appropriate for your level of experience and expertise.
11.3 We do not warrant that (a) you will obtain any particular result or qualification from your participation in the Course; (b) you will obtain any particular result from your use of the Materials; (c) you will reach the intended training level; or (d) you will pass any exam.
11.4 All representations, warranties and / or terms and / or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.
12. Limitation of liability
12.1 Our liability to you
a. If you are a consumer and we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. If you participate in the Course as a consumer, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
b. If you are a business and we fail to comply with these Terms, our entire aggregate liability to you is as set out in clause 11.2
12.2 Cap on liability
Subject to clause 12.1, our maximum aggregate liability to you for any claims that you may have against us in contract, tort (including negligence) or otherwise arising out of or in connection with these Terms shall be limited to the amount of the Fees which have been paid, or are payable, by you.
13. Exclusions on the limit of our liability
13.1 Notwithstanding any other provision of these Terms, we do not exclude or limit our liability for:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation;
c. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or
d. any matter for which it would be illegal to exclude, or attempt to exclude, liability.
14. Personal information
14.2 By providing any third-party personal information to us, you represent and warrant that you have appropriate authority to use that information for the purposes for which it has been provided to use, and that the information that you have provided is complete and accurate to the best of your knowledge.
14.3 You hereby authorise us to share your personal details with any third parties involved in the organisation, management or provision of the Course for the purposes of facilitating your participation in the Course.
15. Other important terms
15.1 Written Communication
Applicable laws require that some of the information or communications we send to you should be in writing. When booking a Course, you accept that communication with us will be mainly electronic. We will contact you using the email address provided by you during the booking process. If your contact details change, it is your responsibility to inform us of this change to enable us to keep our records up to date. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect any statutory rights.
All notices given by you to us must be sent to Play Included C.I.C., Officers' Mess Business Centre Royston Road, Duxford, Cambridge, England, CB22 4QH. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed to have been received and properly served immediately when posted on our website, twenty-four (24) hours after an email is sent, or three (3) days after the date of posting of any letter. To prove service of any notice, it will be sufficient to show, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent from our server to the specified, supplied email address of the addressee.
15.3 Transferring our rights and obligations
We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to request that we delete any or all of your details before the changes take effect.
15.4 Transferring your rights and obligations
You may not transfer, assign, charge or otherwise dispose of any rights or obligations which arise under these Terms unless we agree to this in writing.
15.5 Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.6 Events outside our control
We shall have no liability to you if we cannot deliver the Course, or for any delay in the Course caused by any event or circumstance which is beyond our reasonable control such as, without limit, epidemics or pandemics, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, illness, acts of terrorism or accident.
15.7 Even if we delay in enforcing this contract, we can still enforce it later
If we fail, at any time to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or we delay in doing so that will not mean we have waived our rights against you and will not mean you do not have to comply with those obligations.
15.8 If a court finds part of this Contract unlawful, the rest will continue in force
Each clause of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clause remain in full force and effect.
15.9 Which laws apply to this Contract
These Terms and any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with English law.
15.10 Force Majeure
We shall not be in breach of these Terms or liable for delay in performing, or failure to perform, any of our obligations under this Contract (including, without limitation, providing any Courses) if such delay or failure result from events, circumstances or causes beyond its reasonable control, including (without limitation): acts of God, flood, drought, earthquake or other natural disaster; COVID-19, epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; collapse of buildings, fire, explosion or accident; interruption or failure of utility service.
15.11 How to tell us about problems
If you have any questions or complaints about the Course, please contact us. You can write to us at email@example.com.
15.12 Entire Agreement
These Terms represent the entire agreement between Play Included and you with respect to the subject matter hereof and supersedes and replaces any and all prior and contemporaneous oral and/or written agreements, understandings and statements between you and Play Included with respect to such subject matter. You acknowledge and agree that in entering into this Contract you have not relied on any statement or representation (whether negligently or innocently made) not expressly set out in these Terms.