Terms and Conditions

Effective Date: 6th July 2025

These Terms and Conditions (“Terms”) govern your access to and use of the Time to Play Sensory Limited (“Time to Play Sensory”, “we”, “us”, or “our”) website, platform and services. By subscribing to, using, accessing the website, platform and our services, you agree to be legally bound by these Terms, our Privacy Policy, Schedule 1 (Data Processing Agreement), and Schedule 2 (Add-On Services Terms).

If you do not agree to these Terms, you must not access or use the website or platform.

DEFINITIONS AND INTERPRETATION

1.1 “Account Holder” means the subscriber who registers for an account and enters into this Agreement with Time to Play Sensory Limited.

1.2 “Add-Ons” means additional products, services or features subscribed to separately by the Account Holder in accordance with Schedule 2.

1.3 “Agreement” means these Terms, together with the Privacy Policy and Schedules 1 and 2.

1.4 “Confidential Information” means any non-public information disclosed by either party to the other party, whether orally or in writing, that is designated as confidential or that ought reasonably to be understood as confidential.

1.5 “Data Protection Laws” means all applicable legislation relating to the protection of personal data, including the UK GDPR, the Data Protection Act 2018, and PECR.

1.6 “Platform” means the CRM software and associated services used by Time to Play Sensory Limited

1.7 “Services” means access to the Platform, support services, training, and other deliverables provided by Time to Play Sensory Limited.

1.8 “Team Member” means an additional authorised user account under the control of an Account Holder.

1.9 References to “writing” or “written” include email.

SERVICES

2.1 Time to Play Sensory Limited provides a wide variety of services, including (but not limited to) e-commerce, subscription services, online courses, memberships, educational resources and digital downloads and the selling of physical products.

2.3 Additional services and functionality may be obtained through Add-Ons, governed by Schedule 2.

2.4 The Platform includes functionality allowing integration with third-party services (e.g., WhatsApp, Facebook, Instagram) for centralised communications management.

2.5 The Company shall have no responsibility for the acts, omissions, service levels, or data practices of third-party services integrated into the Platform.

SUBSCRIPTION, FEES AND BILLING

3.1 Subscription and Fees
Account Holders agree to pay all applicable subscription fees (“Fees”) as displayed at the time of account registration and as updated from time to time in accordance with these Terms.

3.2 Payment Terms
Fees for the Services are payable:

Monthly in advance; or
Annually in advance (if an annual subscription is selected).
The first payment is due immediately upon account registration. Recurring payments shall be automatically charged to the Account Holder’s nominated payment method on each billing cycle renewal date.

3.3 Automatic Renewal
Subscriptions will automatically renew at the end of each billing cycle unless and until terminated in accordance with Clause 11.

3.4 Changes to Fees
Time to Play Sensory Ltd reserves the right to amend Fees by providing no less than thirty (30) days’ prior written notice to Account Holders. Continued use of the Platform after the effective date of any Fee changes shall constitute acceptance of the new Fees.

3.5 Late Payment
If payment is not received by the due date, Time to Play Sensory Ltd may:

Suspend access to the Platform immediately;
Charge interest on overdue sums at the rate of 4% per annum above the Bank of England base rate, accruing daily until full payment is made;
Recover all reasonable costs incurred in recovering outstanding amounts.

3.6 Taxes
All Fees are inclusive of VAT and any other applicable taxes unless otherwise notified, which shall be payable by the Account Holder.

3.7 No Refund Policy
All Fees are non-refundable except as required by law. The Account Holder acknowledges that no refunds or pro-rata refunds will be issued in the event of early termination or non-use of the Services.

3.8 Chargebacks
Account Holders agree not to initiate any chargeback with their credit card provider or bank without first contacting Time to Play Sensory Ltd to resolve any issues. Chargebacks shall constitute a material breach entitling Time to Play Sensory Ltd to immediately suspend or terminate access to the Platform.

SUPPORT SERVICES AND TEAM MEMBER ACCOUNTS

4.1 Support Availability
Time to Play Sensory Ltd provides email-based support to Account Holders.
Support requests will generally receive a response within three (3) business days (Monday to Friday, excluding public holidays).

4.2 Discretion to Limit Support
Time to Play Sensory Ltd reserves the right to withdraw or suspend support services to any Account Holder exhibiting abusive, disrespectful, or unreasonable behaviour towards support staff.

4.3 Data Sharing Risks
Where screen-sharing is used during support calls, Account Holders acknowledge that sharing confidential information is at their own risk. Time to Play Sensory Ltd shall not be liable for any loss, misuse, or disclosure arising from information shared by Account Holders during screen-sharing.

DATA PROTECTION AND DATA SECURITY

5.1 Compliance with Data Protection Laws
Each party shall comply with its obligations under Data Protection Laws in relation to all personal data processed in connection with the Services.

5.2 Data Processing Terms
Where Time to Play Sensory Ltd processes personal data on behalf of an Account Holder, it shall do so as a “processor” and the terms of the Data Processing Agreement (Schedule 1) shall apply.

5.3 Account Holder Obligations
The Account Holder warrants that:

It has obtained all necessary consents and legal bases to process personal data via the Platform;
It will not upload or transmit any personal data without authorisation;
It will not use the Platform in any manner that infringes Data Protection Laws.

5.4 Data Breaches
The Company shall notify the Account Holder without undue delay upon becoming aware of any personal data breach involving Account Holder data, in accordance with Schedule 1.

5.5 International Data Transfers
Where Time to Play Sensory Ltd transfers personal data outside the United Kingdom, it shall ensure that appropriate safeguards are in place in accordance with Data Protection Laws.

5.6 Data Retention
Upon termination of the Agreement, Time to Play Sensory Ltd shall delete or return personal data in accordance with Schedule 1 and applicable laws.

5.7 Security Measures
The Company shall implement and maintain appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access.

CONFIDENTIALITY

6.1 Confidential Information
Each party (“Receiving Party”) agrees to keep confidential all Confidential Information disclosed to it by the other party (“Disclosing Party”), and shall not disclose such information to any third party without the prior written consent of the Disclosing Party, except as otherwise permitted under these Terms.

6.2 Permitted Disclosure
The Receiving Party may disclose Confidential Information to its employees, officers, representatives, contractors, or advisers who need to know such information for the purposes of exercising its rights or carrying out its obligations under these Terms, provided that the Receiving Party ensures that such persons comply with this Clause 7.

6.3 Exclusions
Confidential Information shall not include information that:

(a) is or becomes generally available to the public other than as a result of its disclosure by the Receiving Party;
(b) was available to the Receiving Party on a non-confidential basis prior to disclosure by the Disclosing Party;
(c) was lawfully in the possession of the Receiving Party before disclosure;
(d) is developed independently by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.

6.4 Compelled Disclosure
If the Receiving Party is compelled by law to disclose any Confidential Information, it shall:

(a) promptly notify the Disclosing Party (where legally permissible);
(b) co-operate with the Disclosing Party’s efforts to contest or limit the disclosure; and
(c) disclose only the minimum amount required.

6.5 Duration of Confidentiality Obligations
The obligations in this Clause 7 shall continue in full force and effect for five (5) years following termination of the Agreement.

INTELLECTUAL PROPERTY RIGHTS

7.1 Ownership
All intellectual property rights in the platform, website and services including without limitation source code, data models, databases, designs, graphics, audio, logos, video, content, templates, documentation and software, are owned by or licensed to Time to Play Sensory Ltd.

7.2 License to Use Platform
Subject to the Account Holder’s compliance with these Terms and payment of all applicable Fees, Time to Play Sensory Ltd grants the Account Holder a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform during the term of the Agreement.

7.3 Restrictions
The Account Holder shall not:

(a) copy, modify, distribute, sell, lease, or create derivative works based on the Platform;
(b) reverse engineer, decompile, or disassemble the Platform except as permitted by law;
(c) remove or alter any copyright, trademark, or proprietary notices.

7.4 Ownership of Account Holder Content
Content uploaded by the Account Holder (“Account Holder Content”) remains the property of the Account Holder. The Account Holder grants Time to Play Sensory Ltd a worldwide, non-exclusive, royalty-free licence to access, store, reproduce, and use the Account Holder Content solely for the purpose of providing the Services.

7.5 Retention Post-Termination
Upon termination of this Agreement, Time to Play Sensory Ltd may retain server copies of Account Holder Content for compliance with legal obligations, subject to the confidentiality obligations herein.

THIRD-PARTY SERVICES

8.1 Third-Party Integrations
The Platform may enable the Account Holder to access and integrate with third-party products, applications, websites, or services (“Third-Party Services”).

8.2 Disclaimer of Responsibility
Time to Play Sensory Ltd provides access to Third-Party Services solely for the Account Holder’s convenience. The Company does not endorse, is not responsible for, and disclaims all liability arising from the use or failure of any Third-Party Services.

8.3 Third-Party Terms
Use of any Third-Party Service is subject to the separate terms and conditions, privacy policies, and fees imposed by the applicable third-party provider.

8.4 Changes and Disruptions
Third-Party Services may be modified, suspended, or discontinued at any time without notice, and Time to Play Sensory Ltd shall not be liable for any loss resulting from such actions.

8.5 No Responsibility for Data Handling
The Company disclaims all responsibility for the data security, compliance, and practices of Third-Party Services integrated by the Account Holder.

LIMITATION OF LIABILITY

9.1 Limitation
Subject to Clause 9.3, the Company’s total aggregate liability arising under or in connection with this Agreement shall be limited to the total Subscription Fees paid by the Account Holder to the Company in the twelve (12) months immediately preceding the event giving rise to the claim.

9.2 Excluded Losses
Subject to Clause 10.3, the Company shall not be liable to the Account Holder for any:

(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of or damage to goodwill;
(f) loss or corruption of software, data or information;
(g) special, indirect, or consequential loss,
in each case, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise.

9.3 Unlimited Liability
Nothing in these Terms shall limit or exclude the Company’s liability for:

(a) death or personal injury caused by its negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of any terms implied by section 2 of the Supply of Goods and Services Act 1982;
(d) any other liability that cannot lawfully be excluded or limited.

9.4 Mitigation
The Account Holder shall take all reasonable steps to mitigate any loss or damage arising from any breach of the Agreement by the Company.

TERMINATION

10.1 Termination by Account Holder
The Account Holder may terminate the Agreement by providing not less than thirty (30) days’ written notice to Time to Play Sensory Ltd at [email protected].

10.2 Termination by Time to Play Sensory Ltd
The Company may terminate the Agreement immediately upon written notice if:

(a) the Account Holder materially breaches any term of the Agreement and fails to remedy such breach within ten (10) days of written notice;
(b) the Account Holder fails to pay any amounts due;
(c) the Account Holder becomes insolvent, ceases trading, or enters into liquidation.

10.3 Consequences of Termination
Upon termination for any reason:

(a) the Account Holder’s access to the Platform shall cease;
(b) all outstanding Fees become immediately payable;
(c) all licences granted under the Agreement shall immediately terminate;
(d) Account Holder Content shall be dealt with in accordance with Clause 6.6 and Schedule 1.

10.4 Survival
Any provision of the Agreement which expressly or by implication is intended to survive termination shall continue in full force and effect, including Clauses 7 (Confidentiality), 8 (Intellectual Property Rights), 10 (Limitation of Liability), 12 (Governing Law and Jurisdiction), and Schedules 1 and 2.

GOVERNING LAW AND JURISDICTION

12.1 Governing Law
This Agreement and any dispute or claim arising out of or in connection with it, its subject matter, or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

12.2 Jurisdiction
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

SCHEDULE 1 – DATA PROCESSING AGREEMENT

This Data Processing Agreement (“DPA”) forms part of the Agreement between Time to Play Sensory Ltd (“Processor”) and the Account Holder (“Controller”) and governs the Processor’s Processing of Personal Data on behalf of the Controller.

DEFINITIONS

1.1 In this DPA, the following terms shall have the meanings given below:

“Data Subject” means the identified or identifiable individual to whom the Personal Data relates.
“Personal Data” means any information relating to a Data Subject processed under the Agreement.
“Processing” means any operation or set of operations performed on Personal Data, whether or not by automated means.
“Subprocessor” means any third party engaged by the Processor to process Personal Data on behalf of the Processor.

DATA PROCESSING OBLIGATIONS

2.1 The Processor shall:

(a) process Personal Data only on documented instructions from the Controller, including transfers of Personal Data to a third country, unless required by applicable law;
(b) ensure that persons authorised to process Personal Data are subject to confidentiality obligations;
(c) implement appropriate technical and organisational security measures;
(d) assist the Controller in responding to Data Subject rights requests;
(e) assist the Controller with data breach notifications, data protection impact assessments, and prior consultations with supervisory authorities where required;
(f) delete or return Personal Data at the end of the provision of Services, subject to any legal requirements to retain it;
(g) make available to the Controller all information necessary to demonstrate compliance and allow for audits.

SECURITY MEASURES

3.1 The Processor shall implement and maintain appropriate technical and organisational measures designed to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or access.

SUBPROCESSORS

4.1 The Controller authorises the Processor to engage Subprocessors listed on the Processor’s Subprocessor List as updated from time to time.

4.2 The Processor shall enter into a written agreement with each Subprocessor imposing equivalent data protection obligations as set out in this DPA.

4.3 The Processor shall provide advance notice of new Subprocessors. The Controller may object on reasonable grounds relating to data protection.

INTERNATIONAL TRANSFERS

5.1 Where the Processor transfers Personal Data to a country outside the United Kingdom, it shall ensure that appropriate safeguards are in place, such as:

(a) adequacy decisions under UK law; or
(b) Standard Contractual Clauses or International Data Transfer Agreements approved by the ICO.

DATA BREACHES

6.1 The Processor shall notify the Controller without undue delay after becoming aware of a Personal Data Breach affecting Personal Data.

6.2 Such notification shall include:

(a) a description of the nature of the breach;
(b) categories and approximate number of Data Subjects and records concerned;
(c) likely consequences;
(d) measures taken or proposed to address the breach.

DATA SUBJECT RIGHTS

7.1 The Processor shall assist the Controller, to the extent reasonably possible, in responding to requests from Data Subjects exercising their rights under applicable Data Protection Laws.

DURATION

8.1 This DPA shall continue in force for so long as the Processor processes Personal Data on behalf of the Controller under the Agreement.

Changes to This Notice

We may update this notice from time to time. Please check this page periodically for updates.

Contact Information

For queries regarding this notice, contact:

Sharon Graves

Time to Play Sensory Limited

4th Floor, Silverstream House, 45 Fitzroy Street, Fitzrovia, London, W1T 6EB

[email protected]