Last updated:October 2026
# 1. In short
Tumble gives children's activity providers tools to list and manage their activities and, if they choose, take bookings and payments through Tumble.
- Listing on Tumble is free.
- The register, customer records, messaging, analytics and booking widget are included.
- Taking bookings through Tumble costs a percentage of each booking and no monthly or setup fee, unless you choose the optional Memberships package.
- There is no fixed-term commitment. You can stop taking new bookings through Tumble at any time, subject to bookings already made.
- Families are not charged a Tumble booking fee or service fee.
- You run your activity and are responsible for it.
- Tumble provides the platform and facilitates bookings and payments on your behalf.
- Provider booking proceeds are processed through Stripe and allocated to the Stripe connected account associated with you as the provider. Tumble does not hold provider booking proceeds in a Tumble-controlled customer-money account.
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# 2. Who we are and what you are agreeing to
These terms are between you and:
Rhythm Limited, trading as Tumble and Just Tumble, a company registered in England and Wales with company number 15186358, whose registered office is at:
24 St. Stephens Gardens London W2 5QX England
We refer to ourselves as Tumble, we, us or our.
You are the provider, business, club, organisation or other person using Tumble to list or manage activities.
You confirm that you have authority to enter into these terms on behalf of the business or organisation you represent.
These terms apply when you:
- create or maintain a provider account;
- list an activity on Tumble;
- use Tumble's provider tools;
- use the Tumble booking widget;
- take bookings through Tumble; or
- use another Tumble service covered by these terms.
The provisions concerning payments, fees, refunds and chargebacks apply when you use Tumble to take bookings.
If you purchase an optional paid feature or package, any additional terms shown when you purchase it also apply.
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# 3. What Tumble is
Tumble is a platform that helps families discover and book children's activities.
Tumble does not normally provide the underlying activity.
You are an independent provider and are responsible for delivering your activities.
Nothing in these terms creates a partnership, joint venture, employment relationship or general agency relationship between you and Tumble.
The only agency relationship created by these terms is the limited payment and commercial-agency appointment expressly described below.
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# 4. Listing on Tumble
You may list eligible children's activities on Tumble subject to these terms.
A listing may contain:
- provider name;
- activity name;
- description;
- age range;
- venue;
- dates and times;
- prices;
- availability;
- photographs;
- safeguarding information;
- booking conditions; and
- other relevant information.
You are responsible for making sure information you provide is accurate, lawful and kept up to date.
You must not publish information that is misleading, unlawful, discriminatory, defamatory or infringing another person's rights.
If a material detail changes, you must update it promptly.
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# 5. Tumble-discovered listings
Tumble may create or display a listing using information that a provider has published publicly elsewhere.
If a listing relates to you, you may:
- claim it;
- correct the information;
- provide additional information; or
- ask us to remove it.
We will act on a valid request within a reasonable period.
A provider claiming a listing does not mean that Tumble has independently verified every part of the listing.
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# 6. Taking bookings through Tumble
Where you enable Tumble bookings, families can book your activities through Tumble.
You remain responsible for:
- the activity;
- the availability you publish;
- the price you publish;
- accepting and honouring bookings;
- delivering the activity;
- cancellations;
- safeguarding;
- refunds that are your responsibility; and
- the accuracy of information supplied to families.
A confirmed Tumble booking is a booking for your activity.
You must honour confirmed bookings unless there is a legitimate and lawful reason not to do so.
You must not refuse to honour a booking simply because the family booked through Tumble.
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# 7. Fees
Unless we agree a different rate with you in writing, the following rates apply.
Families you brought to Tumble
1.5% of the amount paid by the family.
Families Tumble brought to you
2.5% of the amount paid by the family.
Optional Memberships package
£100 per month plus 1% of amounts paid through the applicable membership arrangement, regardless of who introduced the family.
The applicable rate and package will be shown on your account or billing page.
There is:
- no setup fee;
- no monthly platform fee for ordinary booking use; and
- no fixed-term commitment,
unless you have chosen an optional paid package.
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# 8. VAT
Tumble is not currently VAT-registered.
If Tumble becomes VAT-registered, we will apply VAT to our fees where required by law.
We will show the applicable VAT treatment on your billing information.
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# 9. Card-processing costs
Card-processing costs charged by Stripe or another payment provider are separate from Tumble's booking fee.
Where those costs cannot yet be calculated accurately at the time of booking, your earnings information will identify that card-processing costs apply rather than giving you an estimate that may be wrong.
Applicable payment-processing costs may be deducted or accounted for through the payment arrangement.
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# 10. Which fee rate applies?
A family is treated as your family where:
- you had the family as a client before they joined Tumble; or
- the family first reached Tumble through your Tumble link or booking widget.
A family is treated as Tumble-referred where Tumble introduced the family to you and the family was not previously your client or attributed to your own Tumble link or widget.
The attribution associated with a family is shown in your provider account where the functionality is available.
If you believe an attribution is incorrect, you may ask us to review it.
Once an attribution has been determined, we will not change it retrospectively unless we agree that the original decision was incorrect.
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# 11. Special fee arrangements
We may agree a different fee rate with you in writing.
Any special rate will state:
- the rate;
- the services to which it applies; and
- the date on which it ends, if it is temporary.
After a temporary rate ends, the standard rate applicable to your account will apply unless we have agreed otherwise.
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# 12. Changing our fees
We will normally give you at least 30 days' notice of a change to our fees.
The notice will explain the new fee and when it takes effect.
You may stop taking new bookings through Tumble before the new fee takes effect.
Bookings already made before the change will be dealt with under the fee terms applicable to those bookings unless we agree otherwise.
Nothing in this section prevents us from making a change sooner where required by law, a payment provider, tax requirement, safeguarding concern or another circumstance outside our reasonable control.
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# 13. Payment agency
When you enable bookings and payments through Tumble, you appoint Tumble as your commercial agent to facilitate the sale of your activities and to receive payments from families on your behalf as the provider/payee.
Tumble acts for you in relation to the relevant booking and payment transaction.
Tumble does not act as the family's agent in relation to the same payment transaction.
This appointment is limited to the activities and payment services provided through Tumble.
It does not make Tumble the supplier of your activities.
The parties intend that this agency arrangement is structured consistently with the applicable commercial-agent exclusion under the Payment Services Regulations 2017, where that exclusion is available.
The legal treatment depends on the actual payment flow, contractual authority and operational arrangements, and not simply on the wording of this agreement.
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# 14. Stripe and your connected account
Payments are processed using Stripe.
Where Stripe Connect is used, booking proceeds are allocated to the Stripe connected account associated with you as the provider.
The connected account is established through Stripe's onboarding process and is subject to Stripe's own terms.
You are responsible for providing accurate information required for Stripe's onboarding, identity and business verification processes.
You must comply with Stripe's applicable terms.
Tumble does not hold provider booking proceeds in a Tumble bank account or Tumble-controlled customer-money account.
The provider's booking proceeds are processed through Stripe's payment infrastructure and the provider's connected-account arrangement.
Tumble may configure or instruct payment flows through Stripe where necessary to provide the Tumble booking service and in accordance with the authority you give us.
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# 15. Payment and when a family has paid
When a family successfully completes payment through Tumble, the payment is processed for your activity through the applicable Stripe payment flow.
Subject to the applicable payment-provider, card-scheme and legal rules, the payment is treated as payment for your activity rather than as payment for an activity supplied by Tumble.
A payment may subsequently be reversed, refunded or charged back in accordance with the applicable payment rules.
Tumble does not guarantee that a payment is irrevocably settled merely because a booking has been confirmed.
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# 16. Payouts
The timing of your payout depends on the Stripe configuration applicable to your connected account and any Tumble payment rules.
Tumble currently applies a 5-day accidental-booking window to eligible family bookings.
Where Tumble controls when funds are made available for payout, Tumble may delay the relevant transfer until that period has expired.
Where Stripe itself controls a hold, reserve, payout or transfer, Stripe's terms and processes apply.
Your provider account will show relevant booking, fee and payment information where available.
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# 17. Payment-risk holds
Tumble or Stripe may temporarily delay a payout or transfer where there is a reasonable risk of:
- fraud;
- unauthorised payment;
- chargeback;
- payment reversal;
- account compromise;
- regulatory non-compliance; or
- another material payment risk.
Examples may include a payment flagged by Stripe, an unusually large payment from a new account, or a payment that has been disputed.
Where Tumble controls the relevant hold, your provider account will show the amount held and, where reasonably practicable, the expected release point.
Where Stripe controls the relevant hold, reserve or payout, Stripe's applicable processes apply.
The family's booking is not automatically cancelled merely because a payout is delayed.
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# 18. No Tumble customer-money account
Tumble does not operate a general customer-money account into which provider booking proceeds are paid before being transferred to providers.
Provider booking proceeds are processed through Stripe's payment infrastructure and allocated to the relevant provider's Stripe connected account.
This does not mean Tumble has no responsibilities in relation to payments.
Tumble remains responsible for the contractual services it provides, including its booking and platform functionality.
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# 19. Payment-services status
The parties intend that Tumble's role in facilitating payments is structured consistently with the applicable commercial-agent exclusion under the Payment Services Regulations 2017, where that exclusion applies.
Nothing in these terms is intended to require Tumble to provide regulated payment services where the applicable exclusion is available.
If Tumble determines that the payment structure needs to change to comply with applicable law or regulatory requirements, Tumble may change the payment architecture or use an authorised payment service provider.
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# 20. Refunds and cancellations
You set the cancellation terms for your activities, subject to applicable law and Tumble's platform policies.
Your cancellation terms must be:
- accurate;
- clear;
- available to families before they book; and
- honoured once a booking has been made.
You remain responsible for complying with your own cancellation terms and any legal rights a family has.
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# 21. Tumble's accidental-booking policy
Tumble currently gives a family a full refund where it cancels within 5 days of booking and the activity is at least 14 days away.
Where this policy applies:
- the family receives the applicable refund;
- the refund is processed through the applicable payment arrangement;
- the refund is treated as a refund of the booking; and
- Tumble returns its booking fee in full in proportion to the amount refunded.
The detailed conditions are set out in the Family Cancellation Policy.
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# 22. Provider cancellations
If you cancel an activity or booking, you must refund the family for the part of the activity they have paid for but will not receive, subject to any legal or contractual exception that applies.
You must tell Tumble promptly if an activity is cancelled.
Where Tumble has the ability to process the refund through Stripe on your behalf, Tumble may do so.
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# 23. Tumble's fees on refunds
Where a booking is refunded, Tumble will return its booking fee in the same proportion as the amount refunded.
We do not retain a Tumble booking fee on money that is returned to a family.
Third-party payment-processing costs are separate and may be treated according to Stripe's applicable pricing and refund rules.
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# 24. Refund disputes
You may raise a dispute with Tumble if you believe that a refund was made incorrectly.
We will review the booking information, cancellation terms, communications and other relevant information available to us.
Where a refund is required by law or by the applicable booking terms, Tumble may process it through Stripe on your behalf.
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# 25. Chargebacks
A family may dispute a payment through its bank or card issuer.
Stripe may reverse, hold or otherwise adjust funds in response to a chargeback or other payment dispute.
Tumble may notify you and request information or evidence relevant to the dispute.
This may include:
- booking records;
- attendance records;
- registers;
- communications;
- cancellation terms;
- evidence that the activity took place; and
- other relevant information.
You must provide reasonable assistance within the time required by Stripe, the relevant payment provider or card scheme.
Activity-related disputes
Where a chargeback concerns whether an activity was provided, was cancelled, or was materially different from what was booked, the financial consequences may be allocated to you where the chargeback is lost.
This may include the disputed amount and any applicable dispute fee.
Fraud and Tumble error
Where a payment was genuinely unauthorised because of card fraud, or where the loss results from a Tumble error, Tumble will bear the relevant loss and applicable dispute fee to the extent provided by these terms.
We will not automatically pass a fraud loss to you merely because a chargeback has occurred.
Payment authentication
Where supported and required or appropriate, payments may be subject to authentication measures such as 3-D Secure.
Authentication does not guarantee that a payment cannot subsequently be disputed.
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# 26. Negative balances
If refunds, reversals, chargebacks or other adjustments result in you owing money to Tumble, we may:
- deduct the amount from future amounts payable to you;
- request payment from you; or
- use another payment method that you have authorised for this purpose.
We will provide information about the amount and reason for the adjustment.
Where an amount is deducted from a Stripe connected account, the applicable Stripe terms and configuration will also apply.
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# 27. Your responsibility for the activity
You are responsible for running your activity safely and lawfully.
This includes, where applicable:
- staff and volunteers;
- premises;
- staffing and supervision;
- ratios;
- first aid;
- insurance;
- risk assessments;
- safeguarding;
- qualifications;
- licences;
- registrations;
- permissions; and
- regulatory requirements.
If your activity requires registration, licence or approval, you must obtain and maintain it.
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# 28. DBS, safeguarding, insurance and registrations
Where Tumble asks you to provide information about:
- DBS checks;
- safeguarding training;
- first-aid training;
- insurance;
- risk assessments;
- registrations;
- licences; or
- other suitability information,
you must provide accurate information and keep it current.
These are your declarations. Tumble does not currently independently verify them unless we expressly tell you that a particular item has been verified.
Being listed on Tumble, receiving bookings or displaying provider information on Tumble does not mean that Tumble has independently approved or certified you.
You must tell Tumble promptly about any serious safeguarding incident, allegation, regulatory action or other event that could materially affect your suitability to provide activities to children.
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# 29. Tumble's safeguarding response
If Tumble receives a safeguarding concern relating to you, your activity, a member of staff, volunteer or another person connected with your activity, we may take precautionary action.
This may include:
- asking for information;
- restricting functionality;
- preventing new bookings;
- suspending a listing;
- suspending relevant access;
- preserving relevant records;
- contacting an appropriate authority; or
- terminating your use of Tumble.
A temporary suspension is not necessarily a finding that an allegation is true.
Where appropriate, we will give you an opportunity to respond.
We may withhold information where disclosure could put a child or another person at risk, interfere with an investigation, compromise confidential information or be unlawful.
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# 30. Your listings and promises to families
You must make sure that your listings accurately describe:
- the activity;
- who can attend;
- age requirements;
- location;
- dates and times;
- price;
- what is included;
- availability;
- relevant cancellation terms; and
- material restrictions or requirements.
You must honour confirmed bookings at the published price unless a lawful reason requires otherwise.
You must not knowingly make misleading claims about:
- an activity;
- qualifications;
- experience;
- registrations;
- insurance;
- safeguarding arrangements; or
- any other material characteristic of your service.
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# 31. Families' information
Where you receive personal information about a family through Tumble, you must:
- use it only for lawful purposes connected with the booking or activity;
- keep it secure;
- comply with applicable data-protection law;
- respect the family's communication choices;
- not sell or disclose it improperly; and
- not use it to circumvent Tumble's platform.
A family's information must not be used to market unrelated services unless you have an appropriate lawful basis and comply with applicable marketing law.
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# 32. Provider role as controller
You are generally a controller of personal information you receive about families and children for the purpose of providing your own activities.
You are responsible for your own:
- privacy notice;
- lawful bases;
- retention periods;
- security;
- data-sharing arrangements; and
- responses to data-subject rights.
Where Tumble provides information to you because you are delivering an activity, Tumble does not generally act as your processor for your independent use of that information.
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# 33. Memberships
Where you offer memberships through Tumble, you remain responsible for the membership you provide.
Your membership plan must clearly state:
- price;
- billing frequency;
- minimum term, if any;
- notice period;
- renewal arrangements;
- cancellation arrangements; and
- any material restrictions.
Members can end their membership using the cancellation functionality made available through Tumble.
The membership will end in accordance with the notice period and minimum term that you configured for the plan and that was shown to the member when they joined.
Tumble will notify you when a member cancels.
You must honour the membership cancellation terms displayed to the member.
You must not introduce a cancellation restriction through your own systems that conflicts with the cancellation terms displayed through Tumble.
Where applicable law imposes additional requirements on subscription contracts, you must comply with those requirements.
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# 34. Your own client records on Tumble
You may use Tumble to store records of clients who are already your customers.
Where Tumble stores personal information on your behalf solely to provide this functionality, you are the controller and Tumble acts as your processor.
This processing is governed by the Data Processing Schedule below.
Tumble will:
- process the relevant information only on your documented instructions, except where law requires otherwise;
- keep it confidential;
- apply appropriate security measures;
- use authorised subprocessors;
- assist you with applicable data-protection obligations;
- assist with data-subject rights requests;
- notify you of relevant personal-data breaches without undue delay;
- return or delete the information when the processing ends, subject to legal retention requirements; and
- provide information reasonably necessary to demonstrate compliance.
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# 35. Data Processing Schedule
Subject matter
Tumble processes personal information to provide provider-facing customer-management, booking, communication, record-keeping and related platform functionality.
Duration
Processing continues while you use the relevant Tumble service and for the period reasonably required to complete deletion, export, backup expiry or legally required retention after termination.
Nature and purpose
Processing may include:
- storing;
- organising;
- retrieving;
- displaying;
- transmitting;
- deleting;
- exporting; and
- otherwise administering customer information according to your instructions and the functionality you use.
Personal data
This may include:
- names;
- contact details;
- booking information;
- attendance information;
- customer notes;
- communication records;
- child information;
- relevant health or safeguarding information where you choose to store it; and
- other information you upload or enter.
Categories of data subjects
This may include:
- customers;
- parents and carers;
- children;
- emergency contacts; and
- provider staff or other contacts where you choose to store their information.
Documented instructions
Tumble will process this information according to your documented instructions as expressed through the platform, these terms and other documented instructions you give us.
We will not use the information for our own independent purposes except where necessary to comply with law, maintain security, prevent fraud or otherwise as permitted by applicable data-protection law.
Confidentiality
People authorised by Tumble to process the information must be subject to appropriate confidentiality obligations.
Security
Tumble will maintain appropriate technical and organisational measures appropriate to the risks of the processing.
Subprocessors
Tumble may use subprocessors to provide the service.
We will maintain an appropriate list of subprocessors and provide information about material changes in accordance with applicable law and the arrangements described in the provider account.
Where the law requires prior authorisation or an opportunity to object, we will provide the applicable mechanism.
Data-subject rights
Taking into account the nature of the processing, Tumble will provide reasonable assistance to help you respond to requests from individuals exercising their data-protection rights.
Security, breaches and DPIAs
Taking into account the nature of the processing and information available to us, Tumble will provide reasonable assistance with:
- security obligations;
- personal-data breach obligations;
- data-protection impact assessments; and
- regulatory consultation where applicable.
International transfers
Where Tumble transfers or permits access to personal information outside the UK in a way that is subject to UK international-transfer rules, we will use an applicable lawful transfer mechanism.
End of processing
When the relevant service ends, Tumble will provide the export functionality made available for the service and delete the relevant personal information within the applicable deletion period, unless retention is required by law.
Our current target deletion period for provider-owned client records after termination is 90 days, subject to backups and lawful retention.
Compliance information and audits
Tumble will make information reasonably necessary to demonstrate compliance with applicable processor obligations available to you.
Any audit or inspection rights will be exercised reasonably and with appropriate regard to Tumble's security, confidentiality and other customers.
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# 36. Your content
You retain ownership of content you provide to Tumble, including:
- logos;
- photographs;
- activity descriptions;
- timetables;
- promotional copy; and
- other provider content.
You grant Tumble a non-exclusive licence to host, reproduce, display, format, resize, adapt and otherwise use that content as reasonably necessary to:
- operate Tumble;
- display your listings;
- promote activities on Tumble;
- send Tumble communications;
- display search results;
- provide the booking widget; and
- provide related Tumble services.
This licence applies while the relevant content is being used on Tumble and for a reasonable period afterwards to remove, archive or otherwise deal with the content.
You confirm that you have the rights and permissions necessary to provide the content to Tumble.
Where you provide a photograph containing a child, you confirm that you have the appropriate permission or lawful basis to provide and use that photograph for the relevant purpose.
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# 37. Provider reviews
You must not:
- create fake reviews;
- ask someone who has not genuinely experienced your activity to review it;
- review yourself;
- submit a review pretending to be a customer;
- submit a review about a competitor; or
- manipulate reviews.
You must not offer an undisclosed incentive for a particular positive review.
Tumble may moderate or remove reviews in accordance with its review rules and applicable law.
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# 38. Using Tumble fairly
You must not:
- scrape Tumble;
- extract other providers' listings in bulk;
- copy Tumble's provider directory;
- create fake bookings;
- manipulate search results;
- misuse family information;
- contact families who have not booked with you through Tumble for unrelated purposes;
- attempt to access another provider's information;
- interfere with Tumble's security;
- upload malicious code; or
- use Tumble to circumvent its commercial or technical controls.
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# 39. Ranking and visibility
Where Tumble determines the order in which providers or activities appear in search results, we may use factors such as:
- relevance to the search;
- location;
- availability;
- activity characteristics;
- popularity or engagement;
- completeness of listing information;
- booking performance;
- customer experience signals; and
- other product or commercial factors.
Where required by applicable Platform-to-Business rules, Tumble will provide further information about the main parameters determining ranking.
Paying a higher fee does not automatically mean that a provider will appear first.
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# 40. Data and analytics
You may have access to information generated through your use of Tumble, including:
- bookings;
- customer records;
- attendance;
- activity performance;
- booking statistics;
- referral information; and
- provider analytics.
Some information may be aggregated or anonymised.
Tumble may use aggregated or anonymised information to operate, improve and analyse the platform.
We will not provide one provider with another provider's identifiable customer information.
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# 41. Suspending or restricting your account
We may restrict or suspend your use of Tumble where reasonably necessary because of:
- a serious breach of these terms;
- repeated breaches;
- fraud;
- payment risk;
- a safeguarding concern;
- unlawful activity;
- a security risk;
- materially inaccurate provider information;
- regulatory action;
- legal requirements; or
- conduct that creates a material risk to families, children, providers or Tumble.
Where reasonably practicable, we will tell you the reason and give you an opportunity to explain or correct the issue.
We may act immediately where:
- the law requires it;
- there is an immediate safety or safeguarding concern;
- fraud or serious misuse is suspected;
- continuing access could cause significant harm;
- a payment provider requires immediate action; or
- waiting would materially prejudice an investigation or our ability to protect users.
Where applicable Platform-to-Business requirements apply, Tumble will provide the required statement of reasons and comply with applicable notice requirements.
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# 42. Ending the relationship
You may stop taking new bookings through Tumble at any time.
You may request closure of your provider account.
Existing bookings remain subject to their applicable terms.
You remain responsible for delivering or appropriately refunding confirmed bookings unless another arrangement has been agreed with Tumble and the affected families.
Tumble may terminate the provider relationship in accordance with applicable law and these terms.
Where Platform-to-Business rules apply, we will comply with applicable requirements concerning notice, reasons and opportunities to challenge the decision.
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# 43. Changes to these terms
We may update these terms where reasonably necessary to:
- improve the service;
- introduce or remove functionality;
- reflect changes to law;
- address security or safeguarding risks;
- reflect changes to our payment or technology providers; or
- make other reasonable changes to the Tumble service.
We will normally give at least 15 days' notice of material changes.
Where applicable Platform-to-Business requirements require a longer period or additional information, those requirements take precedence.
We may make a change sooner where:
- required by law;
- necessary to address an immediate security or safeguarding risk;
- required by a payment provider or regulator; or
- the change is purely administrative or does not materially disadvantage you.
If you do not agree with a material change, you may stop using the affected service before it takes effect, subject to bookings already made.
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# 44. Complaints and internal review
If you have a complaint about Tumble, contact:
We aim to acknowledge complaints within 2 working days and provide a substantive response within 14 days, where reasonably practicable.
If we restrict, suspend or terminate your account, you may ask us to reconsider the decision using our internal complaint process.
We will review relevant information and, where appropriate, restore access if the decision was incorrect or the relevant issue has been resolved.
Where applicable Platform-to-Business requirements apply, this process will operate in accordance with those requirements.
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# 45. Mediation
Where a dispute cannot be resolved through Tumble's internal complaint process, the parties may agree to mediation before starting court proceedings.
Where mandatory Platform-to-Business mediation requirements apply, Tumble will comply with those requirements and identify the mediators available for the relevant disputes.
Unless otherwise agreed, each party bears its own costs of mediation and the mediator's fees are shared equally.
Nothing prevents either party from seeking urgent court relief where necessary.
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# 46. Liability
Nothing in these terms excludes or limits liability where the law does not allow it to be excluded or limited.
In particular, nothing excludes or limits liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- any other liability that cannot lawfully be excluded or limited.
Subject to the above, neither party is liable to the other for:
- indirect loss;
- consequential loss;
- loss of anticipated savings; or
- loss of profits,
except to the extent such loss forms part of a recoverable claim that cannot lawfully be excluded.
Subject to the above, each party's aggregate liability arising out of or in connection with these terms in any 12-month period will be limited to the greater of:
- the fees paid or payable to Tumble by the provider during that period; and
- £1,000.
The application of this cap to data protection, confidentiality, payment obligations, intellectual property, indemnities, safeguarding, fraud and deliberate misconduct is subject to legal review.
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# 47. Provider indemnity
You will reimburse Tumble for reasonable losses, liabilities, costs and expenses arising from third-party claims to the extent caused by:
- your provision of an activity;
- your breach of these terms;
- your unlawful use of family information;
- your content infringing another person's rights; or
- your failure to comply with applicable laws or regulatory requirements.
This does not apply to the extent that the claim was caused by Tumble's own breach, negligence or unlawful act.
The scope of this indemnity is subject to the liability provisions above and applicable law.
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# 48. Events outside reasonable control
Neither party is responsible for a delay or failure caused by an event genuinely outside its reasonable control.
This may include:
- major technical failures;
- widespread telecommunications outages;
- natural disasters;
- serious public emergencies; or
- other events that could not reasonably have been prevented.
This does not excuse payment obligations already due or obligations that cannot lawfully be excluded.
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# 49. Intellectual property in Tumble
Tumble owns or has rights to the Tumble platform, software, branding, design, databases and Tumble-created content.
You receive a limited, non-exclusive right to use Tumble for your business during the term of these terms.
You must not copy, reverse engineer, scrape, commercially exploit or reproduce Tumble's platform or protected content except where the law permits it.
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# 50. Confidentiality
Each party must keep confidential information received from the other party confidential and use it only for the purposes of the relationship.
This does not apply to information that:
- is already public;
- becomes public without breach;
- was lawfully known before disclosure;
- is independently developed; or
- must be disclosed by law or a competent authority.
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# 51. Transfer of the agreement
You may not transfer this agreement to another person or business without Tumble's prior written consent, except as part of a genuine transfer of the business to which the relevant Tumble account relates and subject to Tumble's reasonable verification requirements.
Tumble may transfer these terms to a business that takes over substantially all of the Tumble business, provided this does not materially reduce your contractual protections.
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# 52. No partnership or employment
Nothing in these terms creates:
- a partnership;
- joint venture;
- employment relationship; or
- general agency relationship
between Tumble and you, except for the limited commercial agency appointment expressly described in the payment section.
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# 53. Notices
We may give you notices by:
- email to the address on your provider account;
- your provider dashboard; or
- another durable electronic method.
You may contact us at:
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# 54. Entire agreement
These terms, together with:
- your billing information;
- any applicable special fee arrangement;
- the Data Processing Schedule;
- any specific product terms; and
- any written terms expressly incorporated into your account,
form the agreement between you and Tumble concerning the relevant Tumble services.
If there is a conflict, the more specific document relating to the relevant service takes precedence unless it expressly says otherwise.
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# 55. If part of these terms is unenforceable
If any part of these terms is found to be unlawful or unenforceable, the remaining provisions will continue to apply.
If we do not enforce a right immediately, that does not mean that we have waived it.
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# 56. Governing law and courts
These terms are governed by the law of England and Wales.
Subject to any mandatory jurisdictional rights or applicable law, the courts of England and Wales have jurisdiction over disputes arising from these terms.
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# 57. Contact
Rhythm Limited trading as Tumble / Just Tumble
24 St. Stephens Gardens London W2 5QX England
Email: [email protected]
Company number: 15186358
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# Legal-review schedule
Before publication, Tumble's solicitor should confirm:
1. Payment-services structure: whether the agency appointment and actual Stripe Connect payment flow satisfy the commercial-agent exclusion under the Payment Services Regulations 2017.
2. Provider-controlled funds: confirm that booking proceeds are in fact allocated to the provider's Stripe connected account and that Tumble does not control or manage those funds in a way that changes the regulatory analysis.
3. Stripe configuration: document the exact Stripe Connect architecture, including: - account type; - merchant of record; - connected-account ownership; - destination/transfer mechanics; - refunds; - chargebacks; - reserves; - payout controls; and - who bears each payment risk.
4. Commercial-agent authority: confirm that Tumble has the necessary authority to negotiate or conclude bookings/payment transactions on behalf of the provider and that Tumble does not act for both payer and payee for the same transaction.
5. Discharge of family payment obligation: confirm precisely when the family has legally discharged its obligation to the provider.
6. Five-day accidental-booking period: confirm that the operational hold/release arrangement is consistent with the intended payment-services analysis.
7. Chargebacks: confirm that the contractual allocation between Tumble and providers is compatible with Stripe's Connect terms and card-scheme rules.
8. Negative balances: confirm how Tumble can contractually recover amounts where refunds or chargebacks exceed the provider's available Stripe balance.
9. VAT: confirm whether Tumble's percentages are VAT-inclusive or VAT-exclusive and how this should be presented once Tumble becomes VAT-registered.
10. Platform-to-Business rules: confirm application of the UK Online Intermediation Services regime and requirements concerning: - terms; - amendments; - ranking; - suspension; - termination; - reasons; - complaints; - mediation; - provider data; and - differentiated treatment.
11. Ranking disclosure: document the actual ranking factors used by Tumble and ensure the provider-facing explanation is sufficient.
12. Suspension and termination: confirm that the 30-day/15-day provisions and immediate suspension rights operate consistently with applicable Platform-to-Business requirements.
13. Internal complaint process: designate the person/team responsible for provider complaints and suspension appeals.
14. Mediation: identify the actual mediators Tumble is prepared to use where Platform-to-Business mediation requirements apply.
15. Data controller/processor mapping: confirm precisely when Tumble is: - controller; - processor; or - operating alongside the provider as an independent controller.
16. Article 28 agreement: confirm that the Data Processing Schedule satisfies all mandatory Article 28 requirements.
17. Subprocessors: maintain a current subprocessor list and appropriate notification/objection process.
18. International transfers: confirm the transfer mechanism for every relevant processor/subprocessor.
19. Provider health data: confirm security and Article 28 arrangements where providers use Tumble to store children's health or safeguarding information.
20. Deletion: reconcile the 90-day deletion promise with backups, disaster recovery and legal retention requirements.
21. Safeguarding: ensure the provider obligations here match the Tumble Child Safety & Safeguarding Policy.
22. Insurance: consider specifying minimum insurance requirements and evidence obligations.
23. DBS: confirm precisely what providers must declare and how Tumble should describe those declarations publicly.
24. Memberships: map Tumble's role against the provider's subscription obligations and the forthcoming/current DMCC subscription regime.
25. Liability cap: assess the £1,000/fees-paid cap under applicable business-contract law and consider separate caps or uncapped categories for: - data protection; - confidentiality; - payment obligations; - IP; - fraud; - indemnities; and - safeguarding.
26. Provider indemnity: ensure the indemnity is proportionate and does not transfer liability to providers for Tumble's own wrongdoing.
27. Content licence: confirm the licence covers Tumble's actual marketplace, search, marketing, email and widget uses.
28. Child photographs: confirm the representations and permissions required for provider-uploaded images.
29. Non-circumvention: confirm that the provision prevents fee avoidance without improperly restricting legitimate independent direct relationships.
30. Data access after termination: confirm that providers can export all information they are entitled to receive and that the 90-day deletion process works operationally.
31. Payment transparency: ensure provider earnings statements clearly show: - gross booking value; - Tumble fee; - card-processing costs; - refunds; - chargebacks; - adjustments; and - net amount attributable to the provider.