Terms and Conditions

These Terms and Conditions include the following Agreements:

• Course Enrolment Agreement
• Confidentiality Agreement 

Course Enrolment Agreement

By enrolling and/or registering for The Alternative Story Learning Centre Pte. Ltd. (UEN No. 200805986G) and/or its licensees (“Company”) courses and/or lessons (“Services”), the parents and/or guardians (each a “Parent”) of the relevant student (“Student”) who have signed the registration form (“Registration”) agree to comply with and to be bound to the terms and conditions of this Agreement. Each, a Party and collectively, the Parties.

1.         The Services

1.1    The Parent shall engage the Company which shall provide to the Student the Services, which are educational courses and lessons. The Company shall provide the Services in accordance with the terms and conditions in this Agreement. The Parent shall be solely responsible for the Student’s conduct, actions, breaches of this Agreement by the Student and/or deeds.

1.2       Registration and Renewal:-

Registration of the Student for each course will only be completed upon payment of the fees by the Parent as follows (“Fees”):-

(a) Payment of a one-time registration fee;

(b) Payment of a one-time-per-program deposit; and

(c) Advance payment of term, lesson fees and material fees (if any) for all registered classes before the last day of each payment period.

1.3       Attendance and Absence

(a) Students are strongly encouraged to be punctual for lessons.

(b) In the event a Student appears visibly ill to any staff and/or teacher of the Company, the Company has the sole discretion to contact the Parent and request for the Student to be sent home.

(c) Students who are unable to attend a lesson are entitled to join a make-up lesson subject to the availability of such make-up lessons. Each Student is entitled to re-schedule and attend up to three (3) such make-up lessons per term.

1.4       Class transfers

Class transfers are subject to availability and at the Company’s sole discretion. Additional fees may apply if the class the Student is transferring to a class that has more lessons than the class the Student is transferring from.

2.         Commencement and term

The Company shall provide the Services to the Student with effect from the completion of Registration by the Parent (“Commencement Date”) until the Agreement is terminated.  

3.         Payment

3.1      In consideration of the provision of the Services under this Agreement, the Parent shall pay the Company the Fees and complete registration and/or renewal of their enrolment for the course.

3.2   Payment of the Fees to the Company in accordance with Clause 3.1 shall constitute payment for the performance and/or continuation of the performance of the Services.

3.3      The Fees exclude any registration, application, and issuance fees that are directly payable to government organisations or councils. The Parent is solely responsible for any and all such costs.

3.4     All Fees paid are strictly non-refundable and non-transferable to another student or individual under any circumstances.

3.5     The Parent acknowledges that a late payment fee may be imposed if the Fees are not paid in full within the specified payment period. The late payment fee amount and payment terms will be determined at the sole discretion of the Company.  

3.6    Proration of Fees may be permitted only in cases where the Child is medically unfit to attend lessons, and a make-up lesson is not a feasible option. The determination of whether proration of Fees is applicable shall be at the sole discretion of the Company and will be contingent upon the provision of valid supporting medical documentation. The Company shall allow a maximum of one (1) proration per term.

3.7      In the event of a cancellation of a class or lesson by the Company for any reason, the Company shall, at its sole discretion, may provide one of the following remedies:

(a)    a pro-ration of the applicable lesson Fees towards the next term;

(b)    a refund of the applicable portion of the Fees; or

(c)    a replacement of the cancelled class or lesson with an equivalent lesson or resource.

3.8       The Parent shall not be entitled to any refund of any of the Fees.

3.9      The Fees may be adjusted and/or amended and/or changed from time to time at the sole discretion of the Company.

4.         Parent and/or Student’s obligations

4.1       In respect of the Services, the Parent and/or Student shall:

(a) co-operate with the Company in all matters relating to the Services;

(b) provide, in a timely manner, such information as the Company may reasonably require in the rendering of the Services, including any documents and ensure that such information or documents are accurate and complete in all material respects;

(c) not act in a manner which disrupts the lessons and/or Services provided by the Company;

(d) to follow any instructions given by the teachers and/or staff of the Company during lesson time and/or on the premises of the Company;

(e) to follow all rules, regulations and policies of the Company;

(f) allow the Company to use their likeness from any photos and/or videos taken during lessons, on the premises, or in relation to the Services, for any of the Company’s marketing and/or advertising materials in any way the Company deems fit, without further consent from the Parent and/or Student;

(g) allow the Company to use any product from the Services in any way the Company deems fit;

(h) ensure all information provided to the Company is true and accurate; and

(i) ensure that he/she complies with all applicable laws, statutes and regulations from time to time in force.

4.2     If the Company’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Parent and/or Student, the Company shall:

(a) not be liable for any costs, charges or losses experienced or incurred by the Parent and/or Student that arise directly or indirectly from such prevention or delay;

(b) be entitled to payment of the Fees despite any such prevention or delay; and

(c) be entitled to recover any additional costs, charges or losses the Company experiences or incurs that arise directly or indirectly from such prevention or delay.

4.3    In the event there is a breach of this Clause 4, the Company will be entitled to terminate the Agreement with immediate effect in accordance with this Agreement and the Parent expressly agrees to indemnify the Company in accordance with this Agreement on a full indemnity basis.

5.       Termination and Refunds

5.1     The Company may terminate this Agreement with immediate effect upon providing the Parent with a written notice in any form the Company deems fit.

5.2     The Company may at any time terminate this Agreement with immediate effect with no liability if:

(a) the Parent and/or Student is in material breach of any of its obligations under this Agreement; or

(b) after notice in writing, the Parent and/or Student wilfully neglects to provide or fails to remedy any default in the performance of any of its obligations under this Agreement within a reasonable period.

Any delay by the Company in exercising its rights to terminate shall not constitute a waiver of those rights.

5.3      The Parent expressly agrees and confirms that it is liable to pay to the Company the Fees payable despite any such termination and/or early termination under this Clause 5. The Company is entitled to retain all fees already paid and the Parent is not entitled to any refunds of prior sums paid to the Company. Including but not limited to the following circumstances:-

(a) If the Student does not attend the course he/she enrolled for; and

(b) If the Parent and/or Student terminates this Agreement or requests that he/she does not want to attend the course enrolled for.

6.         Privacy policy

6.1       In order for the Company to render the Services, it is necessary for the Company to collect the Parent and/or Student’s personal data. In the course of engaging with the Services, the Company collects the following data:-

(a) Name.

(b) Identity Data, which includes the Parent and/or Student’s country of residence, job title, age, marital status and/or gender.

(c) Contact Data, which includes the Parent and/or Student’s email address, fax and/or telephone number and/or WhatsApp number and/or residential/mailing address for the purposes of delivering materials, correspondence, and other communications necessary for the provision of the Services.

(d) Transaction Data, which includes the Parent’s credit card details, billing address, mailing address or the mailing address of the intended recipient of the Parent and/or Student’s order, payments and orders to and from the Parent and/or Student, and other details of products and services that the Student has supplied to or purchased from the Company.

(e) Usage Data, which includes information about how the Parent and/or Student uses the Company’s website (including the time the Parent and/or Student visits the Company’s website, the duration of the Parent and/or Student’s visit, the types of products and/or services the Parent and/or Student is searching for and/or how the Parent and/or Student are searching for such products and/or services). 

(f) Marketing and Communications Data, which includes the Parent and/or Student’s interests, feedback, survey responses, preferences in receiving marketing materials from the Company and the Parent and/or Student’s communication preferences, as well as the Parent and/or Student’s preferences for particular products or services.

(g) Technical Data, which includes the Parent and/or Student’s Internet Protocol (IP) address, the internet device identity or media access control address of the Parent and/or Student’s device, information regarding the manufacturer, model or operating system of the device that the Parent and/or Student uses and/or information about the web browser that the Parent and/or Student use to access the Company’s website. 

(h) Any other types of data that the Company may collect.

6.2       The Company collects personal data:-

(a) Directly from the Parent and/or Student. When the Parent and/or Student provides his/her identity, contact, profile and other data when the Parent and/or Student does any of the following (whether on the other’s behalf):

(i) use the Company’s website;

(ii) enrol with the Services;

(iii) enter into a contract with the Company or purchase the Company’s services and/or products;

(iv) apply for or enquire about the Company;

(v) participate in a promotion, survey, event or other marketing campaign organised by the Company;

(vi) subscribe to the Company’s newsletters or alerts; or

(vii) contact the Company.

(b)    From the Parent and/or Student’s authorised representatives. The Company may also collect the Parent and/or Student’s contact, profile and other data from persons authorised by the Parent and/or Student. This includes persons whom the Parent and/or Student has authorised and persons who have been validly identified as acting on the Parent and/or Student’s behalf pursuant to the Company’s security procedures.

6.3       The Company collects personal data and may use it for the following purposes:-

(a) To register the Student as a new customer.

(b) To process and deliver on the Services.

(c) To manage the Student’s account, including managing payments, fees and charges and collecting and recovering money owed to the Company.

(d) To manage the Company’s relationship with the Parent and/or Student.

(e) To administer, operate, provide, maintain and protect the Company’s business and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data, as well as ensuring that unauthorised users do not access the information on the Website).

(f) To deliver relevant content and advertisements to the Parent and/or Student and measure or understand the effectiveness of advertising.

(g) To make suggestions and recommendations to the Parent and/or Student about products or services that may be of interest to the Parent and/or Student.

(h) To send the Parent and/or Student relevant information about the Company’s events, news announcements or promotions.

(i) To enable the Parent and/or Student to complete a survey or participate in a promotion, survey, event or other marketing campaign organised by the Company.

(j) To contact the Parent and/or Student in relation to all of the above and the Services provided to the Student.

(k) Where the Company has to use the Parent and/or Student’s personal data for another purpose as required by law or regulation -- for example, to respond to administrative, judicial or law enforcement requests or to comply with applicable laws and regulations.

(l) To transfer personal data between the Company’s centres or affiliates or related entities as necessary to provide or enhance the Services or for any other reason the Company in its sole discretion deems fit. This may include, but is not limited to, sharing data for purposes such as coordinating educational services, managing accounts, tracking academic progress, ensuring operational efficiency, and responding to specific requests or inquiries from the Parent and/or Student.

7.         Obligations on termination

Any property belonging to the Company in the possession of the Parent and/or Student and any original or copy documents obtained in the course of performing its obligations under this Agreement shall be returned to the Company at any time on request and in any event on or before the termination of this Agreement. All outstanding fees payable by the Parent and/or Student to the Company shall immediately fall due and become payable.

8.         Status and liability

Neither Party shall be in breach of this Agreement and not liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control.

9.         Non-assignment

Except with the prior written consent of the other Party, neither Party may:

(a) assign, transfer, charge or otherwise deal with any of its rights or obligations under this Agreement nor grant, declare, create or dispose of any right or interest in it.

10.     Conflict with other agreements

10.1  If there is any conflict between the terms of this Agreement and any other agreement, the terms of this Agreement shall prevail (as between the Parties to this Agreement and as between any affiliates of either Party) to the extent of the inconsistency unless:

(a) the other agreement expressly states that it overrides this Agreement in the relevant respect; and

(b) the Parties:

(i) are also parties to that other agreement; or

(ii) expressly agree in writing that the other agreement overrides this Agreement in that respect.

11.     Legal relationship

Nothing in this Agreement shall constitute a partnership between the Parties nor make either Party the agent of the other Party for any purpose.

12.       Indemnities

12.1    The Parent shall indemnify on a full indemnity basis and ensure no liability falls on the Company against:

(a) all costs, taxes (including but not limited to personal income tax), damages and expenses incurred by the Company arising out of or in connection with a breach of this Agreement;

(b) all costs and expenses (including reasonable legal fees and disbursements) incurred by the Company in connection in connection with the preservation or enforcement, or the attempted preservation or enforcement, of any of the Company’s rights under this Agreement; and

(c) all losses, damages, fees, costs and expenses (including reasonable legal fees and disbursements) incurred by the Company in defending any and all claims brought by the Parent against the Company arising out of or in connection with a breach of this Agreement or any other cause of action.

13.       Set-off

The Parent shall pay all sums due under this Agreement without set-off or counterclaim.

14.       Confidentiality

14.1     For the purposes of this Clause 14:

(a) Confidential Information means information, whether disclosed in writing, orally or by other means, whether tangible or intangible, that the Company discloses to the Parent and/or Student in strict confidence and considers to be confidential and/or proprietary, including but not limited to: (i) teaching materials like worksheets and presentation slides, (ii) details about inventions, creative works, patents, trade secrets, designs, prices, or data related to the disclosing party, their affiliates, students, or companies or (iii) information explicitly labelled as "confidential" or "proprietary" by the disclosing party. Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential.

(b) affiliates means: (i) an organisation, which directly or indirectly controls either Party; or (ii) an organisation which is directly or indirectly controlled by either Party; or (iii) an organisation, which is controlled, directly or indirectly, by the ultimate parent company of either Party. The term, control, as used herein means the possession of the power to direct or cause the direction of the management and the policies of an entity, whether through the ownership of a majority of the outstanding voting security or by contract or otherwise.

14.2     The Parties shall:

(a) hold Confidential Information in confidence;

(b)      not disclose it to any person other than an affiliate or an adviser appointed to advise that Party on the subject matter of this Agreement strictly on a ‘need-to-know’ basis; and

(c)      use (and ensure that any of the aforesaid affiliate or adviser in possession of such Confidential Information uses) the Confidential Information only for the purpose of exercising or performing that Party’s rights and obligations under this Agreement.

14.3     Each Party shall disclose Confidential Information as permitted by this Clause 14 only if it is reasonably required.

14.4     Subject to Clause 14.5, if this Agreement terminates, the Parent and/or Student shall (and shall procure that its affiliates shall), within 20 days after receiving a written request by the disclosing party:

(a) destroy, or return to the disclosing party, all copies of any document that contains any Confidential Information; and

(b) take reasonable steps to erase the Confidential Information from any computer or other digital device on which it is held.

For the purposes of Clause 14, document includes any material prepared by or on behalf of either Party or its affiliates.

14.5    Each Party and its affiliates may retain any Confidential Information to the extent required, and for the time period specified, by any applicable law, including the rules of a professional body.

14.6  The provisions of this Clause 14 shall survive termination or expiry of this Agreement.

15.       Further assurances

15.1    Each Party and its affiliates shall do anything that is required by law or may be necessary to implement and give effect to this Agreement.

15.2    Each Party shall procure so far as it is lawful and practicable to do so that it complies with all obligations under this Agreement and the documents referred to in this Agreement that are expressed to apply to any of its affiliates.

16.       Variation

16.1    The Company reserves the right to modify or vary the terms of this Agreement at any time by posting the revised terms of the Agreement on the Company’s website. Continued use of Services or enrolment after such modifications or variations have been posted (regardless of whether Parents have reviewed such changes), shall constitute the Parent’s express acceptance and agreement to the revised terms of the Agreement. The Company may (but shall not be obliged to) notify Parents that a change to the terms of the Agreement has been made and Parents should keep themselves updated as to whether any such changes have been made and the contents and effect of such changes.

16.2     If this Agreement is varied:

(a) the variation shall not constitute a general waiver of any provisions of this Agreement;

(b) the variation shall not affect any rights, obligations or liabilities under this Agreement that have already accrued up to the date of variation; and

(c) the rights and obligations of the Parties under this Agreement shall remain in force, except for the parts that are varied.

17.       Invalid terms

17.1     Each of the provisions of this Agreement is severable.

17.2     If and to the extent that any provision of this Agreement :

(a) is held to be, or becomes, invalid or unenforceable under the law of any jurisdiction; but

(b) would be valid, binding and enforceable if some part of the provision were deleted or amended,

then the provision shall apply with the minimum modifications necessary to make it valid, binding and enforceable and neither the validity or enforceability of the remaining provisions of this Agreement, nor the validity or enforceability of that provision under the Law of any other jurisdiction, shall in any way be affected or impaired as a result of this Clause 17.2.

17.3     The Company shall not be bound by any provision of this Agreement to the extent that it constitutes an unlawful fetter on any of its statutory powers.

18.       Waiver

18.1    No failure to exercise, or delay in exercising, any right under this Agreement or provided by law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under this Agreement or provided by law shall not preclude any further exercise of.

19.       Remedies

19.1   Without affecting any other rights or remedies that each Party may have, each Party acknowledges that a person with rights under this Agreement may be irreparably harmed by any breach of its terms and that damages alone may not be an adequate remedy. Accordingly, a person bringing a claim under this Agreement will be entitled to the remedies of injunction, specific performance and other equitable relief, or any combination of these remedies, for any threatened or actual breach of its terms, and no proof of special damages will be necessary to enforce this Agreement.

19.2    The rights, powers and remedies contained in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

20.       No third-party enforcement

A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap 53B) of Singapore to enforce any of its terms.

21.       Cumulative remedies

The provisions of this Agreement, and the rights and remedies of the Parties under this Agreement are cumulative and are without prejudice and in addition to any rights or remedies a Party may have at law or in equity; no exercise by a Party of any one right or remedy under this Agreement, or at law or in equity, shall operate so as to hinder or prevent the exercise by it of any other such right or remedy.

22.       Force majeure

Neither Party shall be liable for any failure to perform, or delay in performing, any obligation under this Agreement if the failure or delay results from any circumstance beyond its reasonable control. The affected Party shall be entitled to a reasonable extension of the time for performing the obligation.

23.       Whole agreement

23.1     This Agreement sets out the whole agreement between the Parties in respect of the subject matter of this Agreement and supersedes any previous draft, agreement, arrangement or understanding, whether in writing or not, relating to its subject matter. It is agreed that:

(a)      no Party has relied on or shall have any claim or remedy arising under or in connection with any statement, representation, warranty or undertaking made by or on behalf of the other Party in relation to the subject matter of this Agreement that is not expressly set out in this Agreement;

(b)      any terms or conditions implied by law in any jurisdiction in relation to the subject matter of this Agreement are excluded to the fullest extent permitted by Law or, if incapable of exclusion, any rights or remedies in relation to them are irrevocably waived;

(c)    the only right or remedy of a Party in relation to any provision of this Agreement  shall be for breach of this Agreement; and

(d)     except for any liability in respect of a breach of this Agreement, neither Party shall owe any duty of care or have any liability in tort or otherwise to the other Party in relation to the subject matter of this Agreement.

24.       Counterparts

This Agreement may be signed in any number of counterparts, including the execution of the Registration by the Parent on behalf of the Student, and by each Party on separate counterparts. Each counterpart is an original, but all counterparts shall together constitute one and the same Agreement. Delivery of a counterpart of this Agreement by e-mail attachment shall be an effective mode of delivery. If this method is used, each Party shall provide the original signed copy to the others as soon as reasonably possible following the date of this Agreement.

25.       Governing law

This Agreement and any non‑contractual obligations arising out of, or in connection with it, shall be governed by, and interpreted in accordance with Singapore law.

26.       Dispute Resolution

26.1    Any dispute arising out of or in connection with this Agreement must be submitted for mediation at the Singapore Mediation Centre (SMC) in accordance with SMC’s Mediation Procedure in force for the time being. Either Party may submit a request to mediate to SMC upon which the other Party will be bound to participate in the mediation within 45 days thereof. Every Party to the mediation must be represented by a person with authority to negotiate and settle the Dispute. Unless otherwise agreed by the Parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the Parties agree to be bound by any settlement agreement reached.

26.2     In the event Mediation is unsuccessful, the Singapore courts shall have exclusive jurisdiction in relation to all disputes. For these purposes each Party irrevocably submits to the jurisdiction of the Singapore courts and waives any objection to the exercise of that jurisdiction.

 

Confidentiality / Non-Disclosure Agreement 

IT IS AGREED:

By enrolling and/or registering for The Alternative Story Learning Centre Pte. Ltd. (UEN No. 200805986G) and/or its licensees (“Company”) courses and/or lessons, the parents and/or guardians (“Parent”) of the relevant student (“Student”) agree to comply with and to be bound to the terms and conditions of this Agreement.  

1.     Definitions

1.1       In this Agreement, unless the context otherwise requires:

1.2       “Confidential Information” means information, whether disclosed in writing, orally or by other means, whether tangible or intangible, that the disclosing party discloses to the receiving party in strict confidence and considers to be confidential and/or proprietary, including but not limited to: (i) teaching materials like worksheets and/or presentation slides[NL1] , (ii) details about inventions, creative works, patents, trade secrets, designs, prices, or data related to the disclosing party, their affiliates, students, or companies or (iii) information explicitly labelled as "confidential" or "proprietary" by the disclosing party. Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential.

1.3   In this Agreement, unless otherwise specified:

(a)    headings in this Agreement shall not affect how it is interpreted or understood;

(b)    the words “written” and “in writing” include any means of visible reproduction;

(c)    references to this Agreement shall include any Recitals and Schedules to it and references to Clauses, Schedules and Appendices are to clauses of, and schedules and appendices to this Agreement;

(d)    all references to the Parties shall, unless contrary to the context and meaning thereof, be deemed to include their respective successors and permitted assigns;

(e)    references to “person” shall include any individual, firm, company, corporation, government, state or agency of a state or any association, consortium or partnership (whether or not having a separate legal entity) of any two or more of the foregoing;

(f)     references to any agreement or document including this Agreement shall include such agreement or document as amended, modified, varied or supplemented from time to time; and

(g)    any term defined herein shall be similarly construed when used in any of its other grammatical forms.

2.     Confidentiality

2.1   The Company hereby agrees to disclose, or procure the disclosure of, the Confidential Information (if it is available to the Company and as requested) as long as it is in breach of any law, statute, regulation, contract or agreement to which it is subject to the Parent and/or the Student. The Parent and/or Student may only use the Confidential Information for educational purposes in relation to the Company’s courses the Student is attending.

2.2   In consideration of the Company agreeing to disclose, or procure the disclosure of, the Confidential Information to the Parent and/or Student on the terms of this Agreement, the Parent and/or the Student hereby agrees to hold and keep secret and in confidence any and all such Confidential Information unless it has obtained the prior written consent from the Company.

2.3   The Parent and/or the Student undertakes to not share and/or sell and/or disclose the Confidential information to any third party. The Parent and/or Student must take the same care, as the Parent and/or Student would for their own confidential information to keep the information safe and prevent it from being used or spread without permission.

2.4   The Parent and/or Student shall promptly return, and/or procure to be returned, to the Company all Confidential Information in whatever form in the possession of the Parent and/or Student or any of its Representatives, on demand by the Company and the Parent and/or Student and/or its Representatives shall, on demand by the Company, delete and remove all Confidential Information from any computer, word processing system, database or document retrieval system into which it has been stored. The Parent shall inform the Company in writing once they have complied with any demand made under this clause 2.4.

2.5   The obligations contained in this clause shall endure without limit in point of time except and until any Confidential Information enters the public domain through no fault of the Parent and/or Student.

2.6   If there is any breach of this Agreement, the Company is entitled to dismiss and/or terminate any and all its services provided and/or agreements to the Parent and/or Student. The Parent shall undertake all losses and damages suffered by the Company in the event there is a breach of this Agreement by the Parent and/or the Student.

3.     Reservation of rights and acknowledgement

         The Company reserves all rights to its Confidential Information. No rights in respect of the Company’s Confidential Information are granted to the Parent and/or Student and no obligations are imposed on the Company other than those expressly stated in this Agreement. In particular, nothing in this Agreement should be interpreted as requiring the Company to disclose any particular type of information, whether it is Confidential Information or not.

4.     Injunctive relief

The Parent and/or Student hereby agree that the Company will be irreparably damaged and will not have an adequate remedy at law in the event that the parts of this Agreement have not been performed by it in accordance with its terms. The Parent, therefore, agrees that the Company shall be entitled to injunctive relief, without posting a bond, including specific enforcement, to enforce the parts of this Agreement (including any threatened breach of the terms herein), in addition to any other remedy to which the Company may be entitled at law. The Parent agrees that if any action should be brought by the Company in equity to enforce any of the parts of this Agreement, it shall not raise the defence that there is an adequate remedy at law.  If the Company has to take legal action to enforce this Agreement, the Parent will be responsible for paying any legal fees and costs the Company incurs on a full indemnity basis.

5.     Unauthorised disclosure, misappropriation or misuse of confidential information

The Parent shall promptly inform the Company if they become aware of any loss of confidentiality, unauthorised disclosure, misappropriation or misuse by any person of any Confidential Information.

7.     Indemnity

The Parent shall indemnify and keep fully indemnified the Company at all times against all liabilities, costs (including legal costs on an indemnity basis), expenses, damages and losses including any direct, indirect or consequential losses, loss of profits, loss of reputation and all interest, penalties and other reasonable costs and expenses suffered or incurred by the Company arising from any breach of this Agreement by the Parent and/or Student.

8.     No third party enforcement

A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of its terms.

9.     No Assignment

This Agreement shall benefit and be binding on the Parent and the Company and their respective successors and permitted assigns. Neither party can give away or transfer all or any part of its rights and obligations under this Agreement without the prior written consent of the other party.

10.   Waivers

No waiver of a right or remedy under this Agreement is effective unless it is in writing and signed by the party granting it. It is only effective in the specific instance and for the specific purpose it was granted. A single or partial exercise of a right or remedy under this Agreement does not prevent the further exercise of that or of any other right or remedy. Failure to exercise or delay in exercising a right or remedy under this Agreement does not operate as a waiver or prevent further exercise of that or of any other right or remedy.

11.   Variation

11.1  The Company reserves the right to modify or vary the terms of this Agreement at any time by posting the revised terms of the Agreement on the Company’s website. Continued use of Services or enrolment after such modifications or variations have been posted (regardless of whether Parents have reviewed such changes), shall constitute the Parent’s express acceptance and agreement to the revised terms of the Agreement. The Company may (but shall not be obliged to) notify Parents that a change to the terms of the Agreement has been made and Parents should keep themselves updated as to whether any such changes have been made and the contents and effect of such changes.

Unless specifically stated, no variation shall constitute a general waiver of any part of the Agreement or affect any rights, duties, or liabilities that have already happened up to the date of the variation. The rights and obligations in the Agreement will stay in full effect, except for the parts that are varied.

12.   Severability

Each part of this Agreement is severable. If any part of the Agreement or its procedures becomes illegal or cannot be enforced, the rest of the Agreement will still be valid. The Parties shall negotiate in good faith to change or replace any invalid or unenforceable part with a valid and enforceable substitute part so that the overall intent of the Agreement remains as close as possible to what it would have been if that part had not been invalid, void or unenforceable.

13.   Entire agreement

This Agreement and the Schedules set forth the entire agreement and understanding of the Parties with respect to the subject matter contained herein and supersedes all prior discussions, agreements, communications, and understandings, whether written or oral, relating to the subject matter herein.

14.   Governing law

This Agreement shall be governed by the laws of Singapore. In the event of any dispute arising out of or in connection with this Agreement, the Parties irrevocably agree that the courts of Singapore are to have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement.