1. Introduction
1.1 These are the terms and conditions (“Terms and Conditions”) by which Oomphalos agrees to provide services to you, the Parent or Carer, and your Child.
1.2 Oomphalos can be contacted by:
1.2.1 Post: PO Box 65376, London, W1A 4JT;
1.2.2 E-mail: info@oomphalos.co.uk; and/or
1.2.3 Phone: 07525 462 953
1.3 Your registration for a Course provided by Oomphalos signifies your agreement to these Terms and Conditions, and it is your sole responsibility to familiarise yourself with these Terms and Conditions prior to such registration.
1.4 Oomphalos reserves the right to modify, cancel or append to these Terms and Conditions without notice.

2. Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
2.1 “Carer” means the person or persons who attend the Course with the Child.
2.2 “Child” means the child details of whom are set forth in the online registration form (“Registration Form”) and who will be participating in the Course.
2.3 “Course” means the course, made up of one or more sessions, for which you register via the Registration Form.
2.4 “Fee” means the amount payable for the Course or activity as specified in the Registration Form.
2.5 “Parent” means the parent or legal guardian of the Child who is responsible for paying the Fee and who is the contracting party to these Terms and Conditions.
2.6 “Premises” means Asia House, located at 63 New Cavendish Street, London, W1G 7LP, or such other venue as Oomphalos may select from time to time in its sole discretion, where the Carer, if so required by the proprietor of the Premises, will be required to sign in at reception prior to each session of the Course.
2.7 “Term” means the time period commencing on the date of the first session of a Course and ending on the date of the last session of such Course.
2.8 “Terms” means the terms set out in these Terms and Conditions, the terms set out in the Registration Form and any other special terms and conditions agreed in writing by Oomphalos from time to time.

3. Fee, Payment, and Cancellation by Parent
3.1 Prior to the Child commencing the Course, the Parent shall pay the entire Fee via credit card, utilising the payment feature on the Oomphalos website, oomphalos.co.uk, or by electronic invoice. Unless otherwise agreed by Oomphalos in writing, no other form of payment will be accepted.
3.2 Courses are offered on a first-come, first-served basis. Once a Course is fully subscribed, no further registrations for such Course will be permitted without the prior written consent of Oomphalos. The Fee shall not be refundable under any circumstances; provided, however, that, subject to the prior written consent of Oomphalos, the Parent who has registered for a Course shall be permitted to transfer his or her remaining sessions in such Course to another Parent and Child.
3.3 If a Parent wishes to enrol two or more siblings in a particular Course at the same time, the full Fee shall be paid for the first Child but each sibling of this Child may take the Course at a twenty five percent (25%) discount.

4. Parent’s and Carer’s Responsibilities
4.1 The Parent represents and warrants that:
4.1.1 The information in the Registration Form is accurate in all respects and that the Parent will immediately notify Oomphalos of any changes to such information.
4.1.2 When attending a Course or activity, neither Child nor Carer will be suffering from any contagious illness, disease or malady. Oomphalos enrols children in its Courses and activities on the assumption that they are in good health, and it is the responsibility of the Parent and the Carer to promptly alert Oomphalos to any medical or health issue affecting the Child.
4.2 The Parent acknowledges and agrees that his/her Child shall be within arm’s reach and under the direction, care, custody and control of the Carer throughout the Course, and the Carer shall be responsible for the welfare and conduct of the Child throughout the Course and whilst the Child is on the premises.
4.3 The Parent assumes all risks and accepts responsibility for any injury sustained by the Child and/or the Carer and discharges and hold harmless Oomphalos, its Instructors, and its Premises from any liability arising from any injury to the Child, the Carer and/or any other person, and/or any damage to any property, at the Premises occurring whilst the Child and/or the Carer are participating in Oomphalos Courses or activities if such injury/damage is caused either by the Carer’s or the Child’s own fault, or by any other person unconnected with Oomphalos, its Instructors or its Premises, or by events which Oomphalos, its Instructors and Premises could not have foreseen or prevented even if they had taken all reasonable care. The Parent accepts full liability for any injury or damage caused by the Child and/or the Carer whilst the Child and/or the Carer are on the Premises in connection with any Course or activity provided by Oomphalos.
4.4 At the beginning of each Course, the Instructor shall brief the participants on health and safety procedures. It is the responsibility of the Carer to understand and where necessary act upon the health and safety policy associated with the Premises and the Course.
4.5 It is the responsibility of the Carer to ensure the Child arrives to each session of the Course on time. No Course session can be extended or made up due to the tardiness or absence of the Carer or the Child.
4.6 Oomphalos takes all reasonable care in ensuring that its Courses and activities are safe and enjoyable. However, the Parent acknowledges that it is hereby advised to consult with the Child’s physician and the Carer’s physician with respect to any past or present injury, illness, malady, medical or health issue or any other condition or medication that may affect the Child’s and/or the Carer’s participation in Oomphalos’s Courses and activities.

5. Discipline
5.1 In the event Oomphalos considers:
5.1.1 the Parent and/or the Carer are in breach of any of the Terms or any other Oomphalos regulations issued from time to time;
5.1.2 the behaviour of the Child and/or the Carer is disruptive or likely to put other Children or the Instructor in danger; or
5.1.3 the Parent’s and/or the Carer’s behaviour towards Oomphalos, its other customers, Children in their care, the Premises or any Instructor is disruptive, inappropriate, consistently negligent or likely to bring Oomphalos or any of its services into disrepute, Oomphalos reserves the right to exclude the Child from any Oomphalos Course or activity.
5.2 In the event the Child is so excluded, no portion of the Fee will be refunded by Oomphalos.
5.3 The standard of behaviour which is deemed to be unacceptable during a Course or activity or on the Premises shall be determined by Oomphalos and the Instructor in their sole discretion.

6. Cancellation by Oomphalos

6.1 Oomphalos reserves the right to cancel any session of a Course and/or any activity at any time. Should such cancellation occur, Oomphalos will endeavour to give at least five (5) days’ notice and offer a viable alternative Course session/activity or a proportional refund of the Fee.

7. Personal Property and Other Losses

7.1 Oomphalos accepts no responsibility for any loss or damage to personal property belonging to the Carer and/or the Child irrespective of whether such possessions might be used by the Child for the purpose of any Oomphalos Course and/or activity save to the extent that such loss shall be caused by the negligence or default of any Instructor or any other default on the part of Oomphalos.
7.2 Oomphalos does not accept responsibility for any loss or expense due to circumstances beyond its control, including but not limited to delays in public transport, weather, natural disaster, quarantine, sickness, bereavement, strikes or other industrial action, riot, civil disturbance, terrorist act or threat thereof, war and fire.

8. Use of Personal Information

8.1 It is agreed that information that the Parent provides or Oomphalos holds about the Parent, the Carer and/or the Child may be used by Oomphalos to:
8.1.1 identify the Parent and/or the Carer when the Parent or the Carer contacts Oomphalos;
8.1.2 administer any accounts maintained by Oomphalos regarding the services, products and events offered by Oomphalos;
8.1.3 help identify services, products and events provided by Oomphalos in which the Parent or the Carer may be interested;
8.1.4 carry out marketing analysis and customer profiling (including with transactional information) and create statistical information;
8.1.5 help to prevent and detect fraud or loss; and
8.1.6 contact the Parent and/or the Carer about services, products and events offered by Oomphalos.
8.2 From time to time, photographs, film, video or audio recordings may be made during Oomphalos Courses and activities for publicity or promotional purposes. At the time the Parent completes and submits the Registration Form to register for a Course or activity, the Parent must note on the Registration Form if the Parent does not wish the Carer and/or the Child to appear or be identified in any such material.

9. Liabilities

9.1 Oomphalos does not accept responsibility for loss or damage arising from errors or omissions on the Registration Form whether completed by the Parent, the Carer or any another person.
9.2 Oomphalos does not accept liability for death or personal injury to any Child attending Oomphalos Courses or activities save to the extent that such injury shall be caused by negligence or default on the part of Oomphalos.

10. Miscellaneous

10.1 The Terms constitute the entire agreement between the Parent and Oomphalos in connection with the registration for and participation in the Courses and activities provided by Oomphalos and supersede any prior agreements between the Parent and Oomphalos.
10.2 The Parent agrees that he/she has entered into the Terms without reliance on any representation, warranty or undertaking by Oomphalos which is not set out expressly in the Terms.
10.3 Notifications sent by post shall be deemed to be received by the recipient within two (2) working days. Notifications sent by e-mail or fax shall be deemed to be received by the recipient within 1 (1) working day.

11. Law and Jurisdiction

11.1 If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect.
11.2 Oomphalos’s relationship with the Parent hereunder and otherwise is subject to English law and the Parent and Oomphalos irrevocably submit to the exclusive jurisdiction of the English courts.