Terms and Conditions

Little Magic Train Ltd

Company No:  4514284  |  VAT No:  GB409128800

Registered Office: Pandle House, 70 Grange Road East, Birkenhead, Wirral, CH41 5FE

Contact: Hello@lmt.octopus365.co.uk

1. Who we are

Little Magic Train Ltd. (we, us and our) owns and operates www.littlemagictrain.com (the Website), and supplies educational digital content, online subscription access, training and support, downloadable resources and, where offered, physical products.

2. When these terms apply

These terms apply when you purchase, subscribe to or use our products or services. They should be read with the relevant proposal, quotation, order confirmation, invoice, subscription information, acceptable-use requirements and Privacy Policy. If there is a conflict, the order confirmation or separately signed agreement takes priority for the specific order.

By accepting a quotation, paying an invoice, purchasing through the Website, accessing a subscription or downloading content, you confirm that you have authority to enter the contract and agree to these terms.

3. Definitions

• Adventure Subscription: annual access to the Little Magic Train online adventure library and the training and support described in the order confirmation.
• Poo Lab Subscription: annual access to the online Poo Lab library, including new investigations added during the active subscription where stated in the order confirmation.
• Case File: an individual Poo Lab digital resource purchased as a one-off download.
• Digital Content: all stories, music, audio, videos, activity materials, Case Files, downloads, training materials, illustrations and other content supplied by us.
• Licensed Setting: the school, nursery, childminder, early-years setting or other organisation identified in the order confirmation or account.
• Authorised Users: members of staff or practitioners working for the Licensed Setting whom we permit to access the account.

4. Subscriptions and ordering

Adventure Subscriptions and Poo Lab Subscriptions are arranged directly with our office. The contract begins when we accept the customer’s order in writing, issue confirmation, receive payment or enable access, whichever occurs first. Subscription scope, price, number of children, Licensed Setting and any agreed additional sites will be recorded in the quotation, invoice or order confirmation.

Individual Case Files and other shop products may be ordered through the Website. An automated acknowledgement confirms receipt but acceptance occurs when payment is approved, and the download or product is made available or dispatched.

We may refuse or cancel an order before acceptance if there is an obvious pricing or description error, payment cannot be authorised, eligibility requirements are not met, or the product is unavailable. Any payment taken for a cancelled order will be refunded.

5. Subscription term and automatic renewal

Each subscription has an initial term of 12 months unless the order confirmation states otherwise. At the end of the initial term, the subscription will automatically renew for successive 12-month periods unless either party gives notice that it does not wish to renew.

You may notify us at any time that you do not wish your subscription to renew, provided that we receive your written notice at least 30 calendar days before the next renewal date. Notice must be emailed to hello@lmt.octopus365.co.uk. We will acknowledge your notice and confirm the date on which your subscription access will end.

Before the renewal date, we will send you a reminder showing the renewal date, the applicable renewal price, the deadline for preventing renewal and how to contact us. If we do not receive notice by the stated deadline, the subscription will renew for a further 12-month term and we will issue an invoice for the renewal fee. We do not automatically charge your previous payment method.

Your subscription will remain active until the end of the current term. If you give valid notice that you do not wish to renew, your access will end when that term expires. All charges relating to the current term remain payable.

Nothing in this clause limits any cancellation or cooling-off rights available to a customer acting as a consumer.

6. Prices, child numbers and price changes

Subscription prices are calculated using the pricing and child numbers agreed for the Licensed Setting. You must provide accurate information when subscribing and tell us promptly if the number of children or the setting’s circumstances change in a way that affects the applicable subscription tier.

All prices are stated in pounds sterling. Little Magic Train Ltd. is VAT registered, and VAT will be charged at the applicable rate. The quotation, invoice or online checkout will clearly show the price, the VAT charged and the total amount payable. We will provide a VAT invoice where required.

We may change the subscription price for a future renewal term by giving you reasonable advance notice. The renewal reminder and invoice will show the applicable renewal price and VAT. If you do not wish to renew at the new price, you may prevent renewal by notifying us in writing at least 30 calendar days before the renewal date.

7. Payment

Subscription charges are payable in accordance with the quotation or invoice issued by Little Magic Train Ltd. When a subscription renews, we will issue an invoice for the renewal fee. We do not automatically charge a previous payment method or retain customers’ full card or payment details.

Online shop payments may be processed securely through Stripe or PayPal. By making a payment, you confirm that you are authorised to use the selected payment method and authorise the relevant payment provider to process the amount shown.

If an invoice becomes overdue, we may contact you and suspend access after giving reasonable notice. We may also recover any sums properly due under the agreed subscription term. Suspending access does not remove your obligation to pay outstanding charges.

8. Accounts and permitted access

Access is licensed only to the Licensed Setting and Authorised Users. Accounts, passwords and access links must be kept secure and must not be shared with another setting, organisation, parent, external practitioner or other third party. Unless we agree otherwise in writing, each separate location requires its own licence.

You are responsible for activity through your account and must notify us promptly of suspected unauthorised access. We may reset credentials, restrict simultaneous access or suspend an account where we reasonably suspect sharing, misuse or a security risk.

9. Licence to use Digital Content

We grant the Licensed Setting a limited, non-exclusive, non-transferable and revocable licence to use the Digital Content for its own educational activities with children during the active subscription term. For an individually purchased Poo Lab Case File, the licence continues after purchase, subject to these terms and the restrictions set out below.

All copyright, trade marks and other intellectual-property rights in the Digital Content are owned by Little Magic Train Ltd., Gina Bale, or both. Where intellectual-property rights are owned by Gina Bale, Little Magic Train Ltd. is authorised to make that content available under these terms.

Purchasing a subscription or individual Case File gives you permission to use the Digital Content only as expressly described in these terms. It does not transfer ownership or grant you any other intellectual-property rights.

10. Music, recording and sharing restrictions

Without our prior written permission, you must not, and must not allow anyone else to:

• share, lend, forward, upload, publish, sell, sublicense or distribute Digital Content, files, account credentials or download links;
• audio-record, video-record, screen-record, copy, capture, rip, extract or reproduce any music, audio, video or online session;
• place our music or content on social media, video-sharing services, websites, cloud drives, messaging groups, learning platforms or publicly accessible systems;
• edit, remix, adapt, translate, remove copyright or trade mark notices from, or create derivative works from our Digital Content;
• use the Digital Content for resale, commercial training, public performances, ticketed events, broadcasting, advertising or another organisation’s activities; or
• use automated tools, scraping, artificial-intelligence training systems or similar technologies to extract, reproduce or analyse our content except where the law expressly prevents us from restricting that use.

Limited photographs or short video clips showing children participating may be shared only where all required safeguarding and privacy permissions have been obtained and our music or resources are not reproduced in full or in a way that allows extraction or reuse. Please contact us before publishing any clip containing our music.

11. Training, safety and professional responsibility

Our resources, training and ongoing support are designed to help practitioners use Little Magic Train confidently, safely and inclusively. However, we do not know the individual children participating or have access to information about their specific needs, abilities, allergies, medical conditions, behaviour, environment or setting policies.

The Licensed Setting and its practitioners know their children best and remain responsible for using their professional judgement, completing appropriate risk assessments, meeting safeguarding requirements and providing suitable supervision. Activities should be selected and adapted to reflect the age, development, abilities and individual needs of the children taking part, including any SEND, ALN, medical, sensory or mobility requirements.

We are always happy to offer guidance and help practitioners explore appropriate ways of adapting and using the resources. However, the final decision about whether an activity is suitable for a particular child or group remains with the Licensed Setting and the responsible practitioner.

Any educational benefits, developmental aims or examples described in our resources, training or marketing materials are intended as guidance. Children develop and respond in different ways, and we cannot guarantee a particular result or outcome for an individual child.

12. Availability and changes to the online service

We aim to keep online services available but cannot guarantee uninterrupted access. We may carry out maintenance, correct faults, improve functionality, update resources or replace content. We will take reasonable steps to minimise material disruption and will not materially reduce the core paid service during a subscription without good reason.

We are not responsible for problems caused by a customer’s device, internet connection, browser, local network, security settings or third-party platform. If a material outage within our control continues for an unreasonable period, contact us so that we can provide an appropriate remedy.

13. Cancellation and cooling-off rights

Business customers do not have a general statutory cooling-off right. Any cancellation during a committed subscription term is effective only if we agree in writing, without affecting rights arising from our material breach.

If you are an individual acting wholly or mainly outside your trade, business, craft or profession, you may have a statutory 14-day cancellation right for a distance contract. Where you ask for digital content or services to begin during that period, we will obtain any consent and acknowledgement required by law. Your right may be lost for digital content once supply begins with the required express consent and acknowledgement, and you may have to pay for services supplied before cancellation.

Additional statutory rights may apply when consumer subscription legislation comes into force. Those rights will take priority over any inconsistent provision in these terms.

14. Ending or suspending the contract

We may suspend access or end the contract by giving written notice if you fail to pay an amount properly due, share an account or Digital Content without permission, infringe intellectual-property rights, provide materially inaccurate subscription information, misuse the service, or commit another serious or repeated breach of these terms. Where the breach can reasonably be corrected, we will normally give you an appropriate opportunity to do so first.

When a subscription ends, you will no longer have access to the online libraries, streamed music, training, ongoing support, updates, new resources or any content that you have not already downloaded.

Resources that were legitimately downloaded during an active subscription may be kept and reused by the Licensed Setting for its own educational activities with children. Individually purchased Poo Lab Case Files may also be retained and reused. These resources remain subject to all licence, copyright, recording and sharing restrictions in these terms. They must not be shared with another setting or third party, copied for external use, resold, uploaded or otherwise distributed.

Ending the subscription does not transfer ownership of any intellectual-property rights. Clauses intended to continue after the contract ends, including those concerning intellectual property, permitted use, payment, liability and governing law, will remain in effect.

15. Physical products

Where physical products are offered, descriptions and images are illustrative and minor variations may occur. Prices, VAT and delivery charges will be shown before checkout. We will deliver to the address supplied, and risk passes on delivery. Delivery estimates are not guaranteed where delay is outside our reasonable control.

Consumers purchasing physical products normally have 14 days after receipt to cancel, subject to statutory exceptions. Products must be returned in accordance with the cancellation instructions, and refunds will be made within the statutory time limits. Nothing in these terms affects rights relating to faulty, damaged or misdescribed products.

16. Faults, complaints and refunds

Digital content and services will be supplied with reasonable care and skill and as described. If you experience a fault, cannot access paid content or believe something has been misdescribed, contact hello@lmt.octopus365.co.uk promptly with sufficient detail for us to investigate.

Where a refund is legally due or agreed, it will normally be returned through the original payment method within 14 days, subject to the applicable legal rules. We may provide a repair, replacement, restored access, price reduction or refund where appropriate. Statutory rights are not excluded.

17. Our liability

Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or breach of rights that cannot legally be excluded.

For business customers, subject to the paragraph above, we are not liable for loss of profit, revenue, business, anticipated savings, goodwill, data or any indirect or consequential loss. Our total aggregate liability arising from a subscription or order will not exceed the amount paid by that customer for the affected subscription or order during the 12 months preceding the event giving rise to the claim.

For consumers, we are responsible for foreseeable loss or damage caused by our breach or failure to use reasonable care and skill, but not for business losses or losses that were not foreseeable. Consumer statutory rights remain unaffected.

18. Events outside our control

We are not responsible for delay or failure caused by events beyond our reasonable control, including failure of telecommunications or hosting services, cyber incidents not caused by our failure to use reasonable care, power failure, severe weather, fire, flood, industrial action, epidemic, government action or failure of third-party infrastructure. We will take reasonable steps to reduce the effect and resume performance.

19. Personal information and children’s images

We use customers’ and Authorised Users’ personal information in accordance with our Privacy Policy. This may include names, work contact details, account information and information needed to administer subscriptions, provide support and process orders.

Little Magic Train does not require or collect children’s personal information through the ordinary use of our Website, subscriptions or resources. Customers and Authorised Users must not send us children’s names, medical information, educational records or other information that is not necessary for an agreed purpose.

Occasionally, a Licensed Setting may provide Little Magic Train with photographs or short video clips showing children participating in Little Magic Train activities. Images or recordings must only be provided where this has been agreed with us in advance, and the Licensed Setting has obtained all necessary permissions from the child’s parent or legal guardian.

The permission must specifically cover sharing the photograph or recording with Little Magic Train Ltd. and its proposed use in agreed promotional, educational or marketing materials, including websites, social media, presentations, publications and training materials where applicable. The Licensed Setting must be able to provide confirmation of that permission if requested.

Little Magic Train will only use photographs and recordings for the purposes explained when permission was obtained. We do not request or require the child’s name, contact details, medical information, educational records or any other information about the child. Licensed Settings must not provide this information when sharing a photograph or recording with us. We will not identify or name a child in connection with any photograph or recording we publish.

A parent or legal guardian may ask us to stop using an image by contacting hello@lmt.octopus365.co.uk. We will stop future use and remove the image from materials under our control where reasonably practicable.  However, we may be unable to recall printed materials already distributed or copies lawfully shared or published previously.

When contacting us for guidance or support, customers should describe the circumstances without identifying the child concerned.

Payments may be processed securely by providers such as Stripe or PayPal. Those providers process payment information in accordance with their own privacy terms. Little Magic Train does not receive or retain customers’ full card or payment details.

20. Changes to these terms

We may update these terms to reflect changes in law, regulation, payment methods, technology or our services. The terms in force when an order is accepted apply to that order. For an active subscription, we will give reasonable notice of any material change and will not use a change to remove accrued rights. Updated terms may apply from the next renewal date unless a change is required sooner by law or security needs.

21. Other important terms

You may not transfer the contract or licence without our written consent. We may transfer our rights and obligations to another organisation provided this does not reduce applicable customer rights. No third party has a right to enforce these terms.

If any provision is unlawful or unenforceable, the remaining provisions continue. A delay in enforcing a right is not a waiver of that right.

22. Governing law and disputes

These terms are governed by the law of England and Wales. Business customers submit to the exclusive jurisdiction of the courts of England and Wales. Consumers may bring proceedings in the courts applicable to the part of the United Kingdom in which they live.

Please contact us first so that we can try to resolve any complaint. Alternative dispute resolution may be available through an appropriate independent body, although we are not required to use a particular provider unless the law says otherwise.

23. Contact us

Questions, renewal notices, cancellation notices and complaints should be sent to hello@lmt.octopus365.co.uk.

Please include the Licensed Setting or purchaser name, account email and relevant invoice or order number.