1.1. In these Terms and Conditions (“these Conditions”), the following terms shall have the following meanings:
‘Booking Form’: the online booking form by which details of the Student and the Camp/ Club he/she wishes to attend are submitted to The Qube;
‘The Qube: The Qube of Office 207, China House, 401 Edgware Road, London NW2 6GY, United Kingdom;
‘Camp/Club’: the camp or club that the Student is attending, as set out in the Booking Form;
‘Student’: the child or children who will be attending the Camp or Club as specified in the Booking Form;
‘Fees’: the fees shown on The Qube’s website or other published literature relating to the Services from time to time;
‘Location’: the location of the Camp or Club (including the site of the courses and the sites used for recreation);
‘Services’: the provision of the Camp or Club for the Student by The Qube coding;
‘you’ and ‘your’: the Student’s parent(s) or guardian(s) as specified in “Your Details” on the Booking Form.
1.2. The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Supply of Services
2.1. The Qube shall provide the Services to the Student subject to these Conditions. By booking and paying the fee you agree on behalf of yourself and the Student to be bound by these Conditions. These Conditions constitute the entire agreement between The Qube and you/the Student and may not be varied except in writing by a director of The Qube.
2.2. Bookings are accepted at the discretion of The Qube and are not transferable.
2.3. You shall fully complete the Booking Form and at your own expense supply The Qube with all necessary and other information required by The Qube in connection with the Services.
2.4. The Qube may correct any typographical or other errors or omissions in any The Qube material relating to the provision of the Services without incurring any liability to you.
3. Payment of Fees
3.1. You shall pay The Qube the Fees and any additional sums which are agreed between you and The Qube for the provision of the Services.
3.2. The full Fees must be sent to The Qube via the website Booking Form. No booking is valid until payment has been received. The Qube shall not be responsible for any cash payment.
4. Rules, Regulations and your Liability
4.1. You agree to be wholly liable for any and all actions and/or omissions of the Student. Without prejudice to the generality of the foregoing, you shall be liable for any liability, financial or otherwise, or injury or damage to property caused by the Student whilst at the Location, and shall fully indemnify The Qube, their agents, contractors and/or employees for any loss, damage, costs or expenses resulting from such liability, injury or damage.
4.2. The Qube reserves the right to make rules and regulations relating to the Student’s participation in the Camp or Club (“the Rules”). The Rules form part of these Conditions and will be notified to the Student at the Location or earlier.
4.3. Any failure by the Student to adhere to the Rules may result in his/her participation at the Camp or Club being terminated forthwith without refund and in such event the Student may be sent home at your expense.
4.4. Without prejudice to paragraph 4.3 above, The Qube reserves the right to withdraw the Student from any activity at any time on the grounds of safety or unsuitability.
4.5. We are sensitive to certain allergens but cannot guarantee their exclusion from the camp.
5.1. In the event of cancellation by you, a credit will only be issued if such cancellation is notified in writing to The Qube at least one month before the commencement of the Camp. An administration charge of £50 per week per child will be deducted from the credit. No refunds will be issued and bookings cancelled in the last month prior to the date of the class will not be reimbursed.
5.2. If, for any reason, the Camp is cancelled by The Qube, the total liability of The Qube will not exceed that proportion of the Fees The Qube have actually received.
5.3 Fees are non-returnable for students arriving late, leaving early or missing a day of camp (whether on account of illness or any other cause). If the course has been booked, then the full fees are payable.
6.1. Except in respect of death or personal injury caused by The Qube's negligence, The Qube shall not be liable to you or the Student by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by or negligent or the negligence of our servants, or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by you or the Student, and our entire liability under or in connection with this Agreement shall not exceed the amount of our Fees for the provision of the Services.
6.2. Where The Qube provides, in connection with the provision of the Services, any goods or equipment or services supplied by a third party, The Qube does not give any warranty, guarantee or other terms as to their quality, fitness for purpose, performance or otherwise.
6.3. The Qube shall have no liability to the Student for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from the Student’s late arrival or non-arrival, or any other fault of you or the Student.
6.4. The Qube shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of The Qube's obligations in relation to the Services, if the delay or failure was due to any cause beyond The Qube reasonable control.
6.5. The Qube reserve the right to alter programmes, activities, itineraries, excursions, age brackets, premises and personnel as it thinks fit and without notice.
6.6. The Qube will not be bound by any statement unless it is in writing and authorised by a Director of The Qube.
7. Medical and Behavioural
7.1. Any medical or behavioural problems of the Student known to you must be notified to The Qube in writing on the Booking Form, and in any event prior to the commencement of the Camp or Club. The Qube reserve the right not to accept your Booking on the grounds that any such medical or behavioural problems are not conducive to the Student’s or other students’ participation in the Camp or Club.
7.2. In the event that the Student becomes ill or incapacitated during the Camp or Club, you agree to medical treatment being given to the Student if required in accordance with the recommendations of a qualified medical practitioner, including the administration of a general anaesthetic and to surgical operations in case of emergency. Such action shall be taken at your expense.
7.3. If the Student becomes ill or comes into contact with any contagious or infectious disease during the 21 days prior to the commencement of the Camp or Club, you must immediately notify The Qube in writing and provide a medical certificate from the Student’s doctor giving approval for the Student to participate in the
Camp or Club.
7.4. It is your and the Student's responsibility to help The Qube prevent the spread of infectious diseases.
7.5 It is a your responsibility to tell The Qube prior to camp of any issue or condition that may affect their stay at camp. These include but are not limited to ADHD, SEN, medical, languages, disabilities, diet, medical, behavioural/social issues, child’s history.
7.6 The Qube reserves the right to suspect or remove any student whose attendance, work or behaviour is, in their reasonable opinion, unsatisfactory. Under such circumstances, The Qube will be under no obligation to return any fees. Children who disrupt the learning environment for other participants, who destroy property or projects, and who otherwise compromise the health, safety and/or learning environment will be removed.
7.7 Permission is given to administer medication or first aid if required.
8. Jewellery, Valuables and Lost Property
8.1. The Qube will not be liable for any item of jewellery or valuable property brought to the Location by the Student.
8.2. The Qube will not be responsible for any property left at the Location (by the Student or otherwise), and may dispose of any such property if not claimed and collected by you within seven days of the end of the Camp or Club.
9. Personal Searches
9.1. The Qube reserves the right to search the bags and other personal property of all Students in appropriate circumstances.
10. Data Protection
10.1. The Qube aims to ensure that all personal data collected about staff, pupils, parents, governors, visitors and other individuals is collected, stored and processed in accordance with the Data Protection Act 2018 (DPA 2018).
This policy applies to all personal data, regardless of whether it is in paper or electronic format.
11. Child Protection/Safeguarding
11.1. The Qube will contact Local Safeguarding Children’s board if we suspect abuse or in an event of a disclosure.
12. Force Majeure
12.1. We shall not be liable for any delay in performing or failure to perform any obligation (including to action any alteration or cancellation) due to any case beyond our reasonable control including lock-outs, strikes, shortages of personnel, labour disputes, war, riot, act of God, civil commotion, terrorism, malicious damage, threats to safety, compliance with any law or governmental order, rule, regulation or direction, accident, environmental contamination, pandemic outbreak of disease, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials, goods or raw materials in connection with the performance of this agreement.
13.1. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
13.2. This agreement is governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.