1. INTRODUCTION

1.1 Kids That Flourish Ltd of Waterfront Building, Finch House, 28-30 Wolverhampton Street, Dudley, West Midlands, United Kingdom, DY1 1DB shall supply the goods or services listed on the website: www.kidsthatflourish.co.uk (the Site) on the following terms and conditions.

1.2 By ordering any of the goods or services on the Site, you are deemed to have accepted and agree to be bound by these terms and conditions.

1.3 You should print a copy of these terms and conditions for future reference.

1.4 These terms and conditions apply to our online educational psychology consultation platform (“the service”), which enables users (parents/carers or educational settings) to receive educational advice and a written report via a structured digital process. By accessing or using the service, you confirm that you understand and agree to these terms. If you do not agree, please do not use this platform.

2. APPLICATION OF TERMS

Unless otherwise agreed in writing, these terms and conditions are the only conditions upon which Kids That Flourish Ltd is prepared to supply the goods or services to you. These terms and conditions shall constitute the whole agreement and shall govern the contract between the Kids That Flourish Ltd and yourself to the entire exclusion of all other terms or conditions (including your terms and conditions or those implied by trade, custom or practice).

3. AVAILABILITY OF GOODS OR SERVICES

3.1 Kids That Flourish Ltd shall supply or otherwise procure the supply of the goods and services available on the Site to any party registered with the Kids That Flourish Ltd on the Site.

3.2 Your order constitutes an offer to Kids That Flourish Ltd to buy the goods or services. All orders are subject to acceptance by Kids That Flourish Ltd and Kids That Flourish Ltd will confirm such acceptance to you by sending you an e-mail confirming the order (Order Confirmation). The Contract will only be formed once you receive the Order Confirmation.

4. DELIVERY OF THE GOODS

4.1 Kids That Flourish Ltd will use its reasonable endeavours to fulfil and deliver your order within a reasonable time period of the Order Confirmation where delivery is part of the package. If due to exceptional circumstances Kids That Flourish Ltd is unable to fulfil your order within a reasonable time period, Kids That Flourish Ltd will email or contact you to let you know.

4.2 In these terms and conditions, the Delivery Address means the delivery address specified in the personal details you have supplied.

4.3 Any date specified by Kids That Flourish Ltd for delivery of the goods is intended to be an estimate, and delivery will be within a reasonable time.

5. NON-DELIVERY OF GOODS

5.1 The quantity of any consignment of goods as recorded by Kids That Flourish Ltd upon dispatch shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.

5.2 Kids That Flourish Ltd shall not be liable for any non-delivery of goods (even if caused by negligence) unless written notice is given to Kids That Flourish Ltd within five (5) working days of the date when the goods would in the ordinary course of events have been received.

5.3 Any liability Kids That Flourish Ltd has for non-delivery of the goods shall be limited to replacing the goods within a reasonable time to providing a full refund or issuing a credit note at the pro rata Contract rate against any invoice raised for such goods.

6. CANCELLATION OF GOODS

6.1 You may withdraw from the service at any time before submitting your consultation form and request a refund. In this case, you will receive a full refund of the price paid (minus our refund charge - up to £30) for the goods in accordance with the service’s refunds policy (set out in paragraph 10/11 below). Once your submission on the consultation form is received and processing begins, refunds will not be available.

6.2 To cancel a goods contract, you must inform the service in writing and return the goods to Kids That Flourish Ltd immediately, unused, in the same condition in which you received them and at your own cost and risk. You are legally obliged to take reasonable care of the goods while they are in your possession and if you fail to comply with this obligation Kids That Flourish Ltd may have a right of action against you.

6.3 The rights outlined in clauses 6.1 and 6.2 however do not apply to the supply of the following:

1. items made to your specification, or which are clearly personalised;
2. goods which by reason of their nature cannot be returned or are liable to expire rapidly;
3. services, if the supply has already commenced with your agreement;
4. audio or video recordings or computer software if they are unsealed by you;
5. newspapers, periodicals or magazines

7. RISK AND TITLE OF GOODS

7.1 The goods are at your risk from the time of delivery.

7.2 Ownership of the goods will only pass to you when you receive an email from Kids That Flourish Ltd confirming receipt of all sums due in respect of the goods, including delivery charges.

8. DELIVERY OF SERVICES

8.1 The services shall be provided on the date specified by the service for that particular service.

8.2 Kids That Flourish Ltd shall provide or otherwise procure the provision of the services with all reasonable skill and care.

9. NON-DELIVERY OF SERVICES

9.1 If Kids That Flourish Ltd has to postpone a service, they shall notify you as soon as possible and provide you with a new date for the delivery of the service.

9.2 If Kids That Flourish Ltd has to cancel the service, they shall provide you with a full refund.

10. CANCELLATION OF SERVICES

10.1 Should you wish to cancel any booking of a service in advance of the service date, you must send notice to Kids That Flourish Ltd as soon as possible. Cancellation charges where applicable are detailed in the product description and at Clause 6

10.2 For Conference and Event bookings or special invitation events the terms and conditions on the booking confirmation / contract will supersede the terms and conditions on the Online Shop.

11. PRICE

11.1 Unless otherwise agreed by Kids That Flourish Ltd in writing, the price for the goods or services will be the price as displayed on the Site. Should value added tax be payable, the price will be stated inclusive of value added tax. That price is subject to the addition of all costs or charges in relation to postage, carriage and insurance.

11.2 You must make all payments due, in advance, under the Contract, without any deduction and you will receive an email from Kids That Flourish Ltd confirming receipt of all sums due.

11.3 Prices are liable to change at any time, but changes will not affect orders in respect of those in which Kids That Flourish Ltd have already sent you an Order Confirmation.

11.4 The Site contains a large number of goods and services and it is always possible that, despite Kids That Flourish Ltd best efforts, some of the goods or services listed on the Site may be incorrectly priced. Kids That Flourish Ltd are under no obligation to provide the goods or services to you at the incorrect (lower) price, even after they have sent an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as mispricing.

12. PAYMENT

12.1 All payments are subject to the following conditions:

1. Kids That Flourish Ltd cannot accept liability if payment is refused or declined by the credit/debit card supplier for any reason; and
2. If the card supplier declines payment, Kids That Flourish Ltd is under no obligation to bring this fact to your attention. You should check with your bank/credit/debit card supplier that payment has been deducted from your account.

13. REFUND

13.1 Refunds will be made as soon as possible following cancellation and in any case will be authorised within thirty (30) days of the day of notice of cancellation.

13.2 Refunds, if applicable, will only be made to the debit/credit card used for the original transaction.

14. DATA PROTECTION

14.1 Please read the Privacy Policy for details of how Kids That Flourish Ltd will use information about you. By agreeing and accepting these terms and conditions you hereby agree and accept the terms of our Privacy Policy.

15. LIABILITY

15.1 Kids That Flourish Ltd shall in no circumstances be liable to you in contract, delict (including negligence) warranty or otherwise in respect of any of the following losses or damage (whether such losses or damages were foreseen, foreseeable, known or otherwise):

1. indirect or consequential loss or damage;
2. loss of business profits, salary, business revenue, goodwill, or anticipated savings; or
3. loss which could have been avoided by you through reasonable conduct.

15.2 if for any reason you will not accept delivery of the goods or the services:

1. risk in the goods or services will pass to you;
2. the goods or services will be deemed to have been delivered; and
3. Kids That Flourish Ltd may store the goods until delivery, whereupon you will be liable for all related costs and expenses (including, without limitation, storage and insurance).

15.3 Kids That Flourish Ltd confirms that (subject to the other provisions of these terms and conditions) the goods upon delivery will be of satisfactory quality within the meaning of the Sale of Goods Act 1979. Subject to this clause 15.3, Kids That Flourish will not be liable for a breach unless:

1. you give written notice of the defect to Kids That Flourish Ltd, and if the defect is as a result of damage in transit to the carrier, within fourteen (14) days after the time when you discover or ought to have discovered the defect; and
2. Kids That Flourish Ltd is given a reasonable opportunity after receiving the notice to examine the goods and if asked to do so by Kids That Flourish Ltd you return the goods to the service at your cost for the examination to take place there.

15.4 Kids That Flourish Ltd will not be liable for any claims that the goods are not of satisfactory quality if:

1. you make any further use of the goods after giving notice to Kids That Flourish Ltd under 17.3 or
2. the defect arises because you failed to follow Kids That Flourish Ltd instructions as to the storage, installation, commissioning, use or maintenance of the goods or if there are no instructions good trade practice; or
3. you altered or repaired the goods without the consent of Kids That Flourish Ltd.
4. While the Service is delivered with professional skill and care, we:

• Do not accept liability for actions taken by third parties (e.g., schools, local authorities) based on the report;
• Do not guarantee educational or behavioural outcomes based on the advice given;
• Are not liable for losses arising from inaccurate or incomplete information provided by you.

Our total liability is limited to the amount paid for the Service.

15.5 Nothing in these terms and conditions excludes or limits the liability of Kids That Flourish Ltd for death or personal injury caused by Kids That Flourish Ltd’s negligence or excludes the Kids That Flourish Ltd liability for fraudulent misrepresentation.

16. WARRANTIES

All warranties, conditions and other terms whether express or implied by statute or common law save for the conditions implied by section 12 of the Sale of Goods Act 1979 are to the fullest extent permitted by law excluded from the contract.

17. TERMINATION

17.1 Kids That Flourish Ltd may terminate the Contract with immediate written notice if you fail to pay the price of the goods or services in accordance with these terms and conditions.

17.2 Notwithstanding termination of the Contract for any reason you will continue to be liable for that proportion of the price attributable to those goods provided up until the date of termination.

18. VARIATION

Kids That Flourish Ltd has the right to revise and amend these terms from time to time without notice.

19. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications Kids That Flourish Ltd send to you should be in writing. When using the Site, you accept that communication with the Kids That Flourish Ltd will be mainly electronic. Kids That Flourish Ltd will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Kids That Flourish Ltd provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

20. NOTICES

All notices given by you to Kids That Flourish Ltd must be given to Kids That Flourish Ltd, Finch House, 28-30 Wolverhampton Street, Dudley, England, DY1 1DB or via the email address laura@kidsthatflourish.co.uk. Kids That Flourish Ltd may give notice to you at either the e-mail or postal address you provide to Kids That Flourish Ltd when placing an order. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice it will be sufficient to prove in the case of a letter that such letter was properly addressed stamped and placed in the post and in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

21. ASSIGNMENT

Kids That Flourish Ltd may at any time assign the Contract or any of Kids That Flourish Ltd rights or obligations under it.

22. WAIVER

The failure of either party to exercise or enforce any right conferred on that party by the Contract shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.

23. SEVERABILITY

If and in so far as any part or provision of these conditions is or becomes void or unenforceable it shall be deemed not to be or never to have been or formed a part of the Contract and the remaining provisions of the Contract shall continue in full force and effect.

24. FORCE MAJEURE

Kids That Flourish Ltd reserves the right to defer the date of delivery or to cancel the Contract for all circumstances beyond its reasonable control including but not limited to any strike, lockout, disorder, fire, explosion, accident or stoppage of or affecting Kids That Flourish Ltd business or work and which prevents or hinders the delivery of the goods or the performance of the services.

25. GOVERNING LAW

The Contract will be governed by and construed in accordance with English Law. The Courts of England and Wales will have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with the Contract.

26. DESCRIPTION OF THE SERVICE

The Service consists of:

• A guided online consultation process, where users respond to structured questions via a digital platform;
• The use of a third party Artificial Intelligence (AI) Large Language Model (LLM) provided by OpenAI (https://openai.com) to synthesise the information submitted;
• All final advice and reports are prepared, reviewed, and signed off by a HCPC-registered Educational Psychologist in accordance with professional standards and ethical guidelines

Reports will typically be delivered via email within 7 working days of submission, unless otherwise communicated.

The process is not a live or face-to-face consultation and does not involve video or real-time interaction with a psychologist.

The Service does not provide a diagnosis and does not replace formal statutory or clinical assessments.

27. INTENDED USERS

This Service is designed for:

• Parents/carers seeking insight into their child’s learning, behaviour, or development;
• Schools and educational settings seeking external input to support learners.

All users must:

• Be at least 18 years old;
• Have appropriate legal authority (e.g., parental responsibility or professional role within a setting) to share information about a child or young person.

28. USE OF AI TECHNOLOGY

The platform uses GPT-4o (https://platform.openai.com/docs/models/gpt-4o), a secure LLM provided by OpenAI (https://openai.com) to process and structure the information you provide.

This system does not make automated decisions. The final report is always produced and signed off by a HCPC registered Educational Psychologist.

By using the platform, you consent to the processing of your submitted information by AI under secure conditions.

All personal data is kept private during processing and is never used to train or improve public models.

The lawful basis for processing your data using AI tools is informed consent, as defined in Article 6 of the UK GDPR. Where special category data is shared, processing is under Article 9()(a) with explicit consent.

29. SAFEGUARDING AND DUTY OF CARE

If the information provided through the platform raises concerns about:

• The safety or welfare of a child, or
• Potential harm to self or others, we may need to share relevant information with statutory safeguarding bodies.

In such cases, we will act in accordance with our legal safeguarding responsibilities, even without your consent if necessary.

For more information, please see our Safeguarding Policy.

30. INTELLECTUAL PROPERTY

All content, including reports, platform questions, and advice materials, are the intellectual property of Kids that Flourish Ltd

Reports are for personal or internal educational use only and must not be altered, republished, or presented as the work of another professional.

31. SCOPE AND LIMITATIONS OF THE REPORT

The report provides advisory guidance based on the information you submit.

It does not constitute:

• A formal diagnosis;
• A statutory Educational Psychology report;
• A guarantee that services (e.g., EHCP, school support) will be provided.

The quality and relevance of the recommendations depend on the accuracy and completeness of the information you submit.

You are responsible for:

• Ensuring the information provided is accurate and honest;
• Understanding that recommendations are contextual and may need further adaptation by schools or other professionals.

32. CONTACT DETAILS

For questions, support, or data requests, contact: Kids that Flourish Ltd

Email: laura@kidsthatflourish.co.uk

Website: www.kidsthatflourish.co.uk

Registered Address: Finch House, 28-30 Wolverhampton St, Dudley, England DY1 1DB, United Kingdom.