• In these Terms & Conditions, except where the context otherwise requires:
a. “Client”, “you”, or “your” means the individual(s) who has accepted or proposes to accept products or services by Maths@Singapore Pte Ltd;
b. “Contract” shall mean collectively these Terms & Conditions, the Registration Form and the Data Protection Notice and such other policies, guidelines, codes of conduct and/or regulations of Maths@Singapore as are informed and provided to the Client, Parents and Student (and as amended, supplemented and varied) from time to time;
c. “Core Programmes” mean all regular classes, courses, workshops and programmes developed, offered and conducted by Maths@Singapore and/or its Staff for the Student during each Term other than the Holiday Programmes or Special Programmes;
d. “Course Materials” means all materials, documents, worksheets, or instruments (whether in physical or digital copy) used, distributed or otherwise circulated in relation to the Student’s enrolment with Maths@Singapore under the Core Programmes, Holiday Programmes or Special Programmes, including but not limited to all audio or video recordings of classes, and quizzes/tests and activities held in respect thereof;
e. “Class” or “Classes” whether or not such term has been capitalised, mean all classes, courses, workshops and programmes and conducted by Maths@Singapore and/or its Staff for the Student, in respect of the Core Programmes, Holiday Programmes or Special Programmes;
f. “Data Protection Notice” refers to the Maths@Singapore Data Protection Notice (as amended, supplemented and varied from time to time), a copy of which is annexed to these Terms and Conditions as Schedule A.
g. “Holiday Programmes” and “Special Programmes” mean all classes, courses, workshops and programmes developed, offered and conducted by Maths@Singapore and/or its Staff for the Student, independent and outside of the Core Programmes;
h. “Parents” means the parents of the Student and any person or guardian who has or has accepted parental or legal responsibility for the Student. Parents are responsible, individually and jointly, for complying with their obligations under these Terms and Conditions;
i. “Personal Data” means the definition assigned to it under the Personal Data Protection Act 2012, and shall include any data about you, the Parents or Student, who can be identified from that data and/or other information to which Maths@Singapore has or is likely to have access to.
j. “Programmes” whether or not such term has been capitalised, mean the Core Programmes, Special Programmes and Holiday Programmes, and “Programme” shall mean any one of them;
k. “Registration Form” refers to Maths@Singapore’s registration form pursuant to which the Student is enrolled in Maths@Singapore;
l. “Services” means the classes, courses, workshops and programmes developed, offered and conducted by Maths@Singapore and/or its Staff for the Student under the Contract, and shall include the Core Programmes, Special Programmes and Holiday Programmes;
m. “Staff” means any officer, teacher (whether permanent or temporary), employee, agent, service provider, representative or contractor of Maths@Singapore, whether located in Singapore or outside of Singapore;
n. “Student” means the individual(s) who is the recipient of Services provided by Maths@Singapore;
o. “Term” means each period of the academic year during which Maths@Singapore regularly conducts classes;
p. “Terms & Conditions” mean the terms and conditions contained herein and applicable to the provision of all Services;
q. “Maths@Singapore”, “we”, “us” or “our” means Maths@Singapore Pte Ltd or any corporation related to it by way of section 6 of the Companies Act Cap. 50 in the Republic of Singapore.
• These Terms & Conditions apply to the provision of all Services by Maths@Singapore to the Student upon the engagement of the Client, and are to be complied with by the Client, Parents and Student at all times and are deemed incorporated in the engagement of Maths@Singapore and the provision of the Services. Maths@Singapore may revise these Terms & Conditions and the Client, Parent and Student shall continue to be subject to such Terms & Conditions as amended, modified and/or substituted by Maths@Singapore from time to time and published on Maths@Singapore’s website at www.mathsatsingapore.com. The utilisation and continued utilisation (upon an amendment, modification and/or substitution of the Terms & Conditions) of the Services by the Student shall be deemed acceptance of these Terms and Conditions by the Client, Parents and Student whether or not the Terms & Conditions (and any subsequent amendment, modification and/or substitution) are signed and returned to Maths@Singapore by the Client.
• The headings in these Terms & Conditions are for convenience only and shall not affect the interpretation hereof.
• The Client and Parents agree to fully disclose all information relevant to the Student’s enrolment and continued enrolment in Maths@Singapore. In the event that Maths@Singapore subsequently becomes aware that information considered reasonable for considerations of enrolment to Maths@Singapore has been withheld, falsified or is inaccurate, Maths@Singapore has the right to suspend or terminate the Student from any or all classes.
• Maths@Singapore reserves the right to transfer, suspend and/or terminate the Student with immediate effect from or to any or all classes in the event that the Client, Parents and/or Student breaches any provisions of the Contract, or Maths@Singapore deems, in its sole discretion, that the Client, Parents and/or Student demonstrates behaviour that is detrimental to the welfare or safety of the Staff or other parents and students of Maths@Singapore, or prejudicial to good order or the reputation of Maths@Singapore, or for any other reason that Maths@Singapore deems fit and proper in its absolute discretion. In the event that the Student is terminated from Maths@Singapore pursuant to this clause, Maths@Singapore will not be under any obligation to return any deposit or fees paid to Maths@Singapore. Without prejudice to the generality of this clause, examples of when Maths@Singapore may exercise its right include (but is not limited to) cases where the Client, Parents and/or Student:
a. cause or threaten to cause physical injury to other parents, students and/or Staff for any reason;
b. use threatening, abusive or insulting words or behaviour towards other parents, students and/or Staff;
c. harass, cause alarm or distress to other parents, students and/or Staff;
d. fail to comply with any policy, guidelines, code of conduct, regulation, notice, direction or instruction given by Maths@Singapore or any Staff in relation to the conduct of classes or the use of Maths@Singapore’s premises or items or any matter relating to the provision of the Services;
e. persistently behave in a manner that is disruptive and prevents the continuation of classes or the provision of the Services;
f. use, disclose or disseminate any of Maths@Singapore’s trademarks or copyright material without obtaining Maths@Singapore’s prior written consent; or
g. do not pay any fees payable to Maths@Singapore and which are outstanding and remain unpaid after two weeks from the issuance of the payment invoice by Maths@Singapore. .
Should any investigations be deemed by Maths@Singapore (in its sole discretion) to be necessary or appropriate, the Student may be transferred, suspended or terminated from any or all classes pending such investigation.
• Maths@Singapore reserves the right to do any or all of the following, in its sole discretion, as it may from time to time deem necessary:
a. make all changes to the conduct of classes, including but not limited to, transferring, combining, dividing or dissolving a class, changing the teachers or specialist trainers, rescheduling classes, and varying the manner in which classes are conducted;
b. amend or vary the contents of the classes, according to programme priorities and student needs. Maths@Singapore may at its discretion, where feasible, give written notice to the Client, Parent and/or Student prior to effecting or carrying out any of the above changes.
• Maths@Singapore does not guarantee that a Student will be able to attend any particular class or timeslot or to receive classes from any particular Staff. Maths@Singapore reserves the right to place a Student in an appropriate class or timeslot (in its absolute discretion) depending on the availability of classes, the class capacity, available Staff and/or Maths@Singapore’s assessment (in its absolute discretion) of the suitability of the Student in ability, conduct, temperament or any other particular reason for any particular class.
• For the safety of Staff and Students, Maths@Singapore shall record all online classes. Maths@Singapore will also have the sole discretion to provide the recordings of a said class to Students of the said classes as part of their Course Materials.
• Only the named Student in the Contract with Maths@Singapore will be permitted to attend the online classes, and/or avail to any other Services provided in the Contract with Maths@Singapore. Maths@Singapore shall have the sole discretion to take all actions as granted to Maths@Singapore pursuant to Clause 5.
• The Student shall not be entitled to receive any Course Materials for any classes which he or she has not registered or paid for. In the event that the Student commences classes mid-way during any programme or Term, the Student shall only be entitled to have access to Course Materials utilised or distributed from the date on which the Student begins attending the classes. Maths@Singapore shall have the sole discretion to grant the Student access to any other Course Materials for which he or she has not registered or paid for.
• With respect to the Core Programmes, Students may be offered, subject to availability and at Maths@Singapore’s sole discretion, up to a maximum of 3 replacement classes each Term (the “Replacement Limit”). Maths@Singapore will be unable to guarantee the availability of replacement classes. If a student cannot attend the original scheduled class, the student will only be able to attend a suitable replacement class in the same week as the originally scheduled class in the Core Programmes, subject to vacancies. Parents are to email Maths@Singapore at email@example.com at least a week in advance to request for replacement class. In the event that it is not possible to arrange a replacement class due to a lack of vacancies in other classes, the class fees for the class missed shall not be refunded or pro-rated. This clause shall apply notwithstanding that the Student has valid reason(s) for missing the class. Maths@Singapore will provide the Student with the Course Materials for the particular class which the Student failed to attend.
• Maths@Singapore will not conduct classes on selected public holidays in the United States of America, which include but are not limited to New Year’s Day, Memorial Day, Independence Day, Thanksgiving Day and Christmas Day, whether such holidays are general, gazetted or otherwise declared or observed in the United States of America. Maths@Singapore will also not conduct classes on selected public holidays in the Republic of Singapore, which include but are not limited to First and Second Day of the Lunar New Year, whether such holidays are general, gazetted or otherwise declared or observed in the Republic of Singapore. Maths@Singapore will have the sole discretion to change the selected public holidays to be observed where classes will not be conducted, after reasonable notifications to Clients, Parents and/or Students, Maths@Singapore may also designate days as non schooling day for any reason (including without limitation emergency/safety reasons, for the purposes of Staff development or other administrative non-working days. Unless otherwise indicated, Maths@Singapore will endeavour to arrange for replacement classes for classes on non-schooling days which are not public holidays, at time slots and dates at the sole discretion of Maths@Singapore, and no refund of fees shall be given should students be unable to attend such replacement classes.
• In consideration of Maths@Singapore providing the Services to the Student, the Client shall pay the applicable fees, together with the applicable taxes that may be levied by the Government of Singapore, as well as the Federal and relevant State Governments in the United States of America, from time to time;
• The applicable fees will be reviewed from time to time and may be increased or decreased by such amount as Maths@Singapore, in its sole discretion, deems fit.
• The applicable fees for the classes will be payable to Maths@Singapore on a monthly basis. For enrollment after the start of the month, the applicable fees for the classes will be prorated according to the number of classes remaining in the month, plus the number of lessons in the next month.
• Payments to Maths@Singapore are to be made by credit/debit card via the payment service designated at the sole discretion of Maths@Singapore.
• New Client, Parents and/or Student undertakes to pay the applicable course fees, including the deposit if applicable, upon signing the Registration Form and in any event within three (3) working days from the date of the invoice issued by Maths@Singapore, or before the commencement of the first class by the Student, whichever is earlier.
• Existing Client, Parents and/or Student undertakes to pay all other applicable fees to Maths@Singapore within two (2) weeks from the date of the invoice issued by Maths@Singapore.
• A Student cannot commence or continue classes with Maths@Singapore whilst any fees are outstanding and unpaid. A Student’s place in any particular Core Programme, Holiday Programme and/or Special Programme shall not be confirmed until and unless full payment of all applicable fees is received by Maths@Singapore.
• There is a minimum tuition charge of two classes for new Client, Parents and/or Student after payment of the applicable fees, either full or pro-rated, for the Term has been made. New Client, Parents and/or Students in the first month of enrollment can request to withdraw by giving two weeks notice in writing to Maths@Singapore at firstname.lastname@example.org. The prorated fees for the remaining classes in the month, after deducting for the tuition charges of two classes, shall be refunded to the Client, Parent and/or Student.
• Existing Clients, Parents and/or Students can request to withdraw at any time by giving two weeks notice in writing to Maths@Singapore at email@example.com. The prorated fees for the remaining classes in the month, after deducting the classes in the two weeks notice period, shall be refunded to the Client, Parent and/or Student. Should less than two weeks notice for withdrawal be given in writing to Maths@Singapore, Maths@Singapore reserves the sole discretion on whether to deduct the fees for the classes in the two weeks notice period, and refund the prorated fees for the remaining classes in the month.
• Unless otherwise stated, Maths@Singapore may in its sole discretion, deem that the Client is eligible for a refund of any applicable fee paid or part thereof and in such event, Maths@Singapore will pay the refunded amount using such payment methods as it may in its sole discretion determine. Maths@Singapore shall be under no obligation to pay the refunded amount via the same payment method used to make the initial payment.
• The Client, Parents and Students acknowledge that Maths@Singapore own all rights, title and interest in and to all lessons, classes, tutorials, courses, and Course Materials, all of which are protected by the relevant copyright and intellectual property laws, and shall not be shared, sold, copied, recorded, reproduced or disclosed by the Client, Parents and/or Students by any means or for any purpose without the express written consent of Maths@Singapore. The Client, Parents and/or Students hereby acknowledge and agree that all copies (whether physical or digital) of the Course Materials, including all additional online or electronic materials provided by Maths@Singapore pursuant to Clause 10 above, are provided by way of loan and not sale. Maths@Singapore hereby grants a non-exclusive licence to the Client, Parents and Students to use the Course Materials for the purposes contemplated under this Contract, and for no other purpose, and the Client, Parents and Students shall not sell, assign, gift, sub-license or otherwise transfer to any third party any rights in the Course Materials without the prior written consent of Maths@Singapore.
• Maths@Singapore further reserves all rights and interests over any intellectual property created arising as a result of the work or actions of the Student in conjunction with any of Maths@Singapore’s staff and/or other students for a purpose, class, event, course and/or activity associated with or offered by Maths@Singapore (“Student’s Work”). To the extent that the Student’s Work includes any copyright or other intellectual property rights entitled to protection under any copyright, trade mark and/or other intellectual property laws of Singapore or elsewhere, the Student and the Parents on behalf of the Student hereby assign and agree to assign to Maths@Singapore absolutely and free from encumbrances the Student’s Work. Any use of any such intellectual property rights by a Client, Parents and/or Student is subject to the prior written consent of Maths@Singapore upon such terms and conditions as may be specified by Maths@Singapore. Maths@Singapore may, at its discretion, allow the Student’s role in creation/development of intellectual property rights to be acknowledged.
• The Client, Parents and Student further acknowledge that it shall have no right to use any trademark owned or used by Maths@Singapore, without the express written consent of Maths@Singapore.
• Any unauthorised use, sharing, sale, copying, recording, reproduction or disclosure of the Course Materials (or any part thereof) or Maths@Singapore’s intellectual property rights, including any unauthorised use of any trademark owned or used by Maths@Singapore, shall, in addition to any other rights and remedies available to Maths@Singapore at law, in equity or under statute, be valid grounds for the suspension or termination of a Student.
• Maths@Singapore may use the Student’s name, work, photographs, academic records, photographs, audio/visual recordings and other material for promotional and other purposes such as publicising Maths@Singapore and its students’ accomplishments to internal and external audiences, including in print and online, whether during the course of the Student’s enrolment with Maths@Singapore or thereafter. Maths@Singapore shall seek the consent of the Client, Parents and Student for such usage.
• The Client, Parents and Student consent to the collection, use and disclosure of their Personal Data for the registration and continued enrolment of the Student in Maths@Singapore, and such other purposes as described in the Maths@Singapore Data Protection Notice. A copy of the Maths@Singapore Data Protection Notice is attached to these Terms & Conditions and may additionally be found online at www.mathsatsingapore.com/dataprotection.
• In consideration of Maths@Singapore and/or its Staff providing the Services to Students, the Client, Parents and Student hereby agree to undertake all the risk and liability arising from or incidental to the provision of the Services to the Students, whether the provision of such Services takes place on Maths@Singapore’s premises or otherwise, and, to the fullest extent permitted by law, neither Maths@Singapore nor its Staff shall be liable for any loss, damages, expenses, personal injury or death of any person which may arise as a result of the Client, Parents or the Student availing of the Services whether direct or indirect and whether reasonably foreseeable or not, unless such loss, damage,expense, personal injury or death is directly caused solely by the negligence of Maths@Singapore and not attributable at all to any fault, negligence or lack of care on the part of the Client, Parents or the Student.
• The Client, Parents and Student shall be responsible for the security, safety and use of their own personal property, including the premises and properties they are in, when availing of the Services, and Maths@Singapore and/or its Staff shall not be held liable for hurt, injury, loss or damage to the Client, Parents and Student and any of their personal property arising therefrom.
• The Client, Parents and Student shall be solely responsible for the medical, allergies, or any other special conditions or needs (whether physical, mental or emotional) of the Student. While Maths@Singapore will be happy to accommodate, as far as possible, any special requests relating to the Student in respect of the same, Maths@Singapore and/or its Staff accepts no responsibility for ensuring that the Student complies with or obeys any restriction in respect of and/or is provided with any item or accommodation or does or is prevented from doing anything in respect of the same nor does Maths@Singapore and/or its Staff accept any responsibility in respect of any hurt, injuries or illness to the Student arising therefrom.
• Notwithstanding anything to the contrary in the Contract:
a. Maths@Singapore’s sole liability and the maximum extent of such liability (if at all Maths@Singapore’s liability is established) to the Client, Parents and/or Students and the Client, Parents and/or Student’s sole remedy for damages from Maths@Singapore (whether in respect of one claim or a series of connected claims) howsoever caused arising out of the furnishing or the failure to furnish or to adequately furnish the Services or in respect of any obligation of Maths@Singapore under or arising out of the Contract and the provision of the Services is limited to the aggregate sum of all payments of fees made by the Client for the material Term (in the case of Core Programmes) or the Holiday Programme or Special Programme in respect of which such liability arose;
b. Maths@Singapore shall in no event be liable to the Client, Parents and/or Student for any special, incidental, indirect, consequential or punitive damages, or any loss of profits, opportunity, savings, revenues, business, goodwill or information, whether in contract or in tort or under any other cause of action absolutely, and whether or not caused by acts or omission or negligence of Maths@Singapore or its Staff, and regardless of whether such damages are foreseeable as at the date the Contract was entered into or from time to time.
• The Client shall:
a. indemnify, defend and hold harmless Maths@Singapore and its Staff from and against all loss, claims, demands or causes of action and any liabilities, damages, costs or expenses resulting therefrom (including expenses and legal fees on an indemnity basis) caused by, arising out of or relating to the breach of or non-compliance with any terms of the Contract and these Terms & Conditions on the part of the Client, Parents and/or Student or arising out of any wilful default, misconduct or negligence on the part of the Client, Parents and/or Student;
b. indemnify Maths@Singapore against any loss, cost, claim and expense (including legal costs on any indemnity basis) that Maths@Singapore may suffer or incur in protecting or enforcing any rights of Maths@Singapore under this Contract against the Client, Parents and/or Student.
• Maths@Singapore shall not be liable if it is prevented, hindered or delayed from carrying out its obligations to the Client, Parents and/or Student by reason of a Force Majeure event, and Maths@Singapore shall be released from such obligations to the extent that Maths@Singapore is affected by the circumstances of the Force Majeure event and for the period during which those circumstances exist.
• During the period of the Force Majeure event, to ensure its compliance with applicable laws and regulations, Maths@Singapore shall be entitled to make all necessary changes or adjustments to the manner in which its operations and Services are carried out, without the need to amend these Terms & Conditions, or give any prior notification to the Client, Parents and/or Students.
• For the purposes of this clause, “Force Majeure” shall mean any event or act occurring beyond the reasonable control of Maths@Singapore, including but not limited to any of the following events: a) war, invasion, rebellion, revolution, insurrection or civil war; b) act of Government; c) earthquakes, fire, lightning, storms, floods, haze or any other occurrence caused by the operation of the forces of nature; d) strikes, lockouts, boycotts or labour disputes; e) terrorism, sabotage or arson; f) pandemics or epidemics of infectious diseases; or g) any other event similar to any of the foregoing.
• Maths@Singapore does not warrant or guarantee that any Services or any assigned teacher or tutor or any course, workshop, class or programme developed and/or conducted by Maths@Singapore will help improve the Student’s academic or other performance and the Client, Parents and/or Student hereby irrevocably agree and undertake to fully waive and indemnify Maths@Singapore and its Staff against all consequences arising from any act or omission on the part of Maths@Singapore, including without limitation any act or omission in respect of Maths@Singapore’s conduct of classes, allocation of Staff and students, marking of worksheets, Core Programme, Holiday Programme and Special Programme Course Materials and conduct of Staff, other students and parents.
• For the purposes of the provision of the Services and/or any matter relating to the Student:
a. Maths@Singapore will and is entitled to communicate with and take instructions from the Client and all parties who have signed the Registration Form indicating that they are a contact person unless notice in writing to the contrary is subsequently given by the Client;
b. Maths@Singapore is entitled (but is not otherwise obliged) not to communicate or correspond with any person or party (including a Parent) who has not signed the Registration Form indicating that they are a contact person or who has not otherwise subsequently been expressly authorised in writing by the Client; and
c. where Maths@Singapore deems it necessary in the case of urgency or for the purposes of an emergency, Maths@Singapore will contact and communicate with any contact person or party whose details or particulars are known to Maths@Singapore.
• It is the responsibility of the Client and Parents to update Maths@Singapore in a timely manner in respect of any change in status or particulars of the Client, Parents and/or the Student. The Client/Parents may do so by submitting the appropriate particulars to firstname.lastname@example.org.
• Maths@Singapore shall be empowered and entitled to make any determination or issue any notification concerning any matters in relation to the Contract and the provision of the Services (including the manner in which the Services are provided and/or the suspension and/or termination of the Services to any Client or Student) which shall (in the absence of manifest error) be conclusive evidence as to that matter and shall be binding on the Client, Parents and/or Student.
• The Client, Parents and Student shall treat and keep all Terms & Conditions of the Contract and any matter relating to the provision of the Services and all matters or disputes arising out of or in respect of the Contract and/or the provision of Services strictly private and confidential and shall not under any circumstances directly or indirectly through any other person disclose, communicate or publish the same to any third parties (unless required by regulatory or judicial authorities and/or with the express prior written consent of Maths@Singapore) and shall indemnify Maths@Singapore against any breach of or default in respect of the same.
• Under no circumstances shall Maths@Singapore be required to disclose to the Client, Parents, Students or any other party any Personal Data (as defined in the Personal Data Protection Act 2012 of the Republic of Singapore), personal information, details or particulars, confidential information or the identities of other students, parents, Staff or third parties.
• The obligations of the Client, Parents and Student with respect to Clauses 44 and 43 above shall survive the termination of these Terms and Conditions and/or Contract (as the case may be).
• The Contract (comprising these Terms & Conditions, the Maths@Singapore Data Protection Notice and the Registration Form) shall constitute the entire agreement between the parties and shall supersede any other prior agreements, either oral or in writing, between the Client and/or the Parents and/or the Student and Maths@Singapore. The Client, Parents and Student acknowledge that no representation, inducements, promises or agreements, orally or otherwise, have been made by Maths@Singapore which are not embodied herein.
• Any term, condition, stipulation, provision or undertaking in the Contract which is or may become illegal, void, prohibited or unenforceable in any respect under any law shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability but shall not otherwise invalidate or render illegal, void or unenforceable any other term, condition, stipulation, provision or undertaking contained in the Contract.
• Save for Staff, a person who is not a party to the Contract has no rights under the Contracts (Right of Third Parties) Act (Chapter 53B) of Singapore to enforce or enjoy the benefit of the terms of the Contract.
• The Contract shall be governed and construed in accordance with the laws of the Republic of Singapore.
• Any dispute arising out of or in connection with the Contract must first be negotiated in good faith between the parties with a view to a resolution of such dispute. Each of the parties hereto irrevocably agrees that, if the dispute is not resolved within 30 days of the date of the dispute first arising, the courts of Singapore shall have exclusive jurisdiction to hear and determine any suit, action or proceeding and to settle any disputes which may arise out of or in connection with the Contract and, for such purposes, irrevocably submits to the exclusive jurisdiction of such courts.
• All disputes and the resolution of such disputes (whether conducted through negotiation, litigation or otherwise) shall be strictly private and confidential between the parties.
Effective date: 24 Dec 2021
Last Updated: 24 Dec 2021