Terms and Conditions for Registration of Classes

 

 

Interpretation

1.                   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 TLL;

 

b.                   “Contract” shall mean collectively these Terms & Conditions, the Registration Form and the TLL Group Privacy Policy and such other policies, guidelines, codes of conduct and/or regulations of TLL 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 TLL 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 TLL 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 TLL and/or its Staff for the Student, in respect of the Core Programmes, Holiday Programmes or Special Programmes;

 

f.                   “Holiday Programmes” and “Special Programmes” mean all classes, courses, workshops and programmes developed, offered and conducted by TLL and/or its Staff for the Student, independent and outside of the Core Programmes;

 

g.                   “Infectious Disease” means the definition assigned to it under the Infectious Disease Act (Chapter 137) of Singapore;

 

h.                   “Parents” mean 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 TLL 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 TLL’s registration form pursuant to which the Student is enrolled in TLL;

 

l.                   “Services” means the classes, courses, workshops and programmes developed, offered and conducted by TLL 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 TLL, whether located in Singapore or outside of Singapore;

 

n.                   “Student” means the individual(s) who is the recipient of Services provided by TLL;

 

o.                   “Term” means each period of the academic year during which TLL regularly conducts classes;

 

p.                   “Terms & Conditions” mean the terms and conditions contained herein and applicable to the provision of all Services;

 

q.                   “TLL”, "we", "us" or "our" means The Learning Lab and its affiliates; and

 

r.                   “TLL Group” refers to the TLL Group Entities collectively;

 

s.                   “TLL Group Entity” refers to TLL or any other corporation related to them by way of section 6 of the Companies Act Cap. 50.

 

t.                   “TLL Group Privacy Policy” refers to the TLL Group Privacy Policy (as amended, supplemented and varied from time to time), a copy of which is annexed to these Terms & Conditions at Schedule A.

 

2.                   These Terms & Conditions apply to the provision of all Services by TLL 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 TLL and the provision of the Services. TLL 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 TLL from time to time and published on TLL’s website at www.thelearninglab.com.sg. 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 TLL by the Client.

 

3.                   The headings in these Terms & Conditions are for convenience only and shall not affect the interpretation hereof.

 

Conditions of Continued Enrolment

4.                   The Client and Parents agree to fully disclose all information relevant to the Student’s enrolment and continued enrolment in TLL. In the event that TLL subsequently becomes aware that information considered reasonable for consideration for enrolment to TLL has been withheld, falsified or is inaccurate, TLL has the right to suspend or terminate the Student from any or all classes.

 

5.                   TLL 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 TLL 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 TLL, or prejudicial to good order or the reputation of TLL, or for any other reason that TLL deems fit and proper in its absolute discretion. In the event that the Student is terminated from TLL pursuant to this clause, TLL will not be under any obligation to return any deposit or fees paid to TLL. Without prejudice to the generality of this clause, examples of when TLL 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 TLL or any Staff in relation to the conduct of classes or the use of TLL’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 TLL’s or TLL Group’s trademarks or copyright material without obtaining TLL’s or TLL Group’s prior written consent; or

 

g.                   do not pay any fees payable to TLL and which are outstanding and remain unpaid as at the first week of commencement of the Term.

 

Should any investigations be deemed by TLL (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.

Conduct of Classes

6.                    TLL 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, such variation to include the conducting of classes online (“EClasses”),

 

b.                   refuse entry to the Student if the Student is deemed to be unwell, or if TLL has reason to believe that the Student has been in contact with or has been exposed to another Student or person who is harbouring or is likely to or is suspected to harbour the agents of an Infectious Disease; and

 

c.                   amend or vary the venues and contents of the classes, according to programme priorities and student needs. TLL 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.


7.                   TLL does not guarantee that a Student will be able to attend any particular class or timeslot or to receive classes from any particular Staff. TLL 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 TLL’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.

 

8.                   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. For the purposes of this clause 8, the phrase “Course Materials” shall not include any online or electronic Course Materials, access to which may be granted to the Student at TLL’s sole discretion.

 

9.                   Fees for unattended lessons are strictly non-refundable. With respect to the Core Programmes, Students may be offered, subject to availability and at TLL’s sole discretion, up to a maximum of 3 replacement classes each Term (the “Replacement Limit”). With respect to the Holiday/Special Programmes, requests made for replacement classes will be decided on a case-by-case basis subject to availability and at TLL’s sole discretion. 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. TLL will provide the Student with the Course Materials for the particular class which the Student failed to attend the following week.

 

10.                   The Replacement Limit shall not apply to Students who are unable to attend a class under the Core Programme (“Core Classes”) as a result of a clash in the timings between the Core Class and a class held under the Holiday Programme or Special Programme. In such an event, TLL may (but is not obliged to) in its discretion: (i) provide the Student with worksheets for the Core Class(es) missed without an obligation to refund any fees applicable, or (ii) provide replacement Core Class(es) in excess of the Replacement Limit.

 

11.                   There will be no classes held on (i) public holidays (whether general, gazetted or otherwise declared or observed in Singapore), (ii) if a public holiday falls on a Sunday, the day next following (not being itself a public holiday), or (iii) such other days as designated by TLL as a non-schooling day for any reason (including without limitation weather/emergency/safety reasons, for the purposes of school retreats/excursions or other administrative nonworking days etc.). Unless otherwise indicated, no replacement classes will be scheduled and no refund of class fees will be given in lieu of any classes which would otherwise have been held but for the same. TLL will however either provide the Student with the Course Materials for that particular class on the prior or following week.

 

Student Card

[This section is only applicable to Students enrolled in the Core Programmes]

 

12.                    A student card will be issued to each Student upon admission into the Core Programmes at no cost to the Student. The Student shall be responsible for the care of their student cards, and shall not be permitted to relinquish possession (whether temporarily or permanently) of his or her student card to another Student or person without the express authorisation of TLL or the TLL Group.

 

13.                    In the event that a Student misplaces his or her student card, or the student card is stolen, the Student must report the lost or stolen card to TLL immediately and apply for a replacement within seven (7) days of loss or theft, as the case may be. To request a replacement card, Parents, Clients and/or Students are to submit a request at TLL’s front desk at any of its outlets. A replacement fee of $10 for the first loss and $20 for subsequent loss(es) shall be payable. Once a replacement request has been submitted, no withdrawal or fee refund is allowed. In the event that the Client, Parent and/or Student recovers the misplaced or stolen student card, the Client, Parent and/or Student shall immediately return the recovered student card to TLL’s front desk.

 

14.                    Notwithstanding the replacement fees above, the Client, Parent and/or Student agrees that it shall be liable for all direct or indirect losses or damages incurred by TLL or the TLL Group arising out of or in connection with any unauthorised lending of the student card, or loss, theft or misappropriation of the student card, including but not limited to losses or damages arising from any unauthorised entry into any of TLL’s premises by a person using such misplaced or stolen student card.

 

Payments and Refunds

15.                    In consideration of TLL providing the Services to the Student, the Client shall pay the applicable fees, together with the applicable Goods & Services Tax (“GST”) or any other tax that may be levied by the Government of Singapore from time to time.

 

16.                    The applicable fees will be reviewed from time to time and may be increased or decreased by such amount as TLL, in its sole discretion, deems fit.

 

17.                    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 TLL.

 

18.                   Existing Client, Parents and/or Student undertakes to pay all other applicable fees to TLL within two (2) weeks from the date of the invoice issued by TLL.

 

19.                    A Student cannot commence or continue classes with TLL 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 TLL.

 

20.                    Payments to TLL may be made by any of the following methods:

 

a.                    Cheques must be made payable to “TLL” or “The LearningLab Education Centre Pte Ltd” and sent to The Learning Lab, 101 Thomson Road, #03-03 United Square, Singapore 307591, by mail or hand;

 

b.                    Credit/debit card payment transactions are accepted via the following methods:

 

(i)                    at the front desk at any outlet during opening hours;

 

(ii)                    online, via TLL’s Parent Portal or webpage;

 

(iii)                    by completing and submitting to TLL the appropriate credit/debit card authorisation form available from TLL; and

 

c.                    GIRO: Please complete and submit to TLL the appropriate GIRO debit authorisation application form available from TLL;

 

d.                    NETS payment may be made at any AXS stations islandwide or the front desk of any outlet during opening hours;

 

e.                    Internet banking is available for DBS/POSB account holders:

 

  • Log on to DBS/POSB iBanking at http://www.dbs.com.sg
  • Select “Bill Payment” from the options on the left of the screen
  • Select “THE LEARNING LAB” as the payee
  • Enter the Student ID number of your oldest child in the Consumer Reference
 

f.                    Contactless payment via Paywave, Apple Pay, Samsung Pay & Android Pay may be made at all of TLL’s Front Desks.

 

21.                    Where payments to TLL are made via credit/debit card or GIRO:

 

a.                    the Client authorises TLL to automatically charge/debit all fees and payments payable in respect of the Services to the credit/debit card account/GIRO account as stated in the credit/debit card and GIRO authorisation forms submitted to TLL and the same shall remain in force as standing instructions until terminated by the Client in writing by way of the Client filling out and submitting to TLL the appropriate credit/ debit card/GIRO termination form available from TLL;

 

b.                    the submission of GIRO forms for deduction of fees is subject to acceptance by the Client’s bank to which such an instruction is issued. A GIRO arrangement may also take several weeks to put in place. The onus is on the Client to ensure that any GIRO authorisation forms are properly filled in with the appropriate signature mandates/details, that the GIRO authorisation forms are submitted in good time for payment of fees when due and that the bank account from which the GIRO arrangement is funded is in funds when a deduction is made. TLL may require that the initial fee payments be made by an alternative immediately-available means of payment until the GIRO arrangement is effected;

 

c.                    TLL is not obliged to attempt credit card or GIRO deductions repeatedly in the event of failure or nondeduction of any particular deduction. In the event of the Client’s bank rejecting or failing to process an instruction or non-deduction occurring, TLL shall be entitled to levy a charge for the unsuccessful instruction/deduction and/or to exercise its rights under these Terms & Conditions in respect of nonpayment of fees. TLL is not obliged to inform the Client of any unsuccessful credit card or GIRO arrangement or deduction – the onus is on the Client to check their card statements/bank account and/or GIRO debit bank account to determine if their deduction is successful or if payment by another means is still required for outstanding fees;

 

22.                    A registration fee of S$90.00 (before GST) for Core Programmes is payable upon registration by Client, Parents and/or Student in respect of Students who are not existing students of TLL. The amount of registration fee is subject to change at any time and without prior notice, and is strictly non-refundable in any circumstance.

 

23.                    In the event that a Student commences a Core Programme class after the Term has commenced, fees for the current and following Term are payable within three (3) days of TLL’s confirmation of available vacancy in the relevant class. TLL reserves the right not to accept the Student and/or to cancel or terminate any classes for which payment has not been made by the prescribed due date, and offer the Student’s slot in such classes to other students without further notice to the Student or Parent..

 

24.                    In the event that a Student’s application to enrol in Holiday Programme or Special Programme is approved by TLL, fees for the Holiday/ Special Classes shall be payable within three (3) days of TLL’s confirmation of available vacancy in the relevant class(es). TLL reserves the right not to accept the Student and/or to cancel or terminate any classes for which payment has not been made by the prescribed due date, and offer the Student’s slot in such classes to other students without further notice to the Student or Parent.

 

25.                    Fees paid for the Core Programmes, Holiday Programmes or Special Programmes are strictly non-refundable following confirmation from TLL that such fees have been duly received by them. For the avoidance of doubt, TLL shall be under no obligation to refund any fees paid in the event that a decision is made by the Student or Parent to withdraw from TLL at any time before or after the commencement of each Term, Holiday Programme or Special Programme (as the case may be), but after confirmation of payment has been issued by TLL.

 

26.                    [This section is only applicable to Students enrolled in the Core Programmes] A deposit of $150.00 per subject for Core Programmes shall be payable upon registration and is refundable provided that all the following conditions are fulfilled to TLL’s satisfaction:

 

a.                    one calendar month’s written notice of withdrawal is given to TLL before the last day of the Term. In the event that less than one calendar month notice is given, TLL shall not be obliged to refund any part of the deposit;

 

b.                    a duly completed withdrawal form is submitted to TLL no later than one (1) calendar month before the last day of the Term;

 

c.                    all books on loan from the book collection are returned before the last class and all fines, if any, are paid in full; and

 

d.                    there are no other outstanding payments. In the event that there are outstanding payments, the deposit will be used to offset the outstanding liability before the balance of deposit (if any) may be refunded.

The amount of deposit is subject to change at any time and without prior notice. For the avoidance of doubt, no deposit is payable in respect of registration for Holiday Programmes or Special Programmes.

 

27.                    Clause 31 shall not apply, and the deposit will be forfeited, in the event that the Student does not attend the first class of the Core Programme after the commencement of the same.

 

28.                    Unless otherwise stated, all applicable fees paid are strictly non-refundable and the credit therein is nontransferable to any third party or other Student. The provisions of this clause shall have effect notwithstanding that the relevant class has not commenced or that the Student has not attended any classes.

 

29.                    TLL 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, TLL will pay the refunded amount using such payment methods as it may in its sole discretion determine. TLL shall be under no obligation to pay the refunded amount via the same payment method used to make the initial payment.


30.                    In the event that the Client and/or Parents are persistently late in picking the Student who is attending TLL’s preprimary classes, a late pick up fee of $30 will be payable for each 15-minute block.

 

Intellectual Property & Media Rights

31.                   The Client, Parents and Students acknowledge that TLL and/or the TLL Group own all rights, title and interest in and to all lessons, classes (including E-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 TLL or the TLL Group. 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 TLL pursuant to Clause 8 above, are provided by way of loan and not sale. TLL 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 TLL and/or the TLL Group.

 

32.                   TLL and/or TLL Group 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 TLL’s staff and/or other students for a purpose, class, event, course and/or activity associated with or offered by TLL or TLL Group (“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 TLL or TLL Group 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 TLL or TLL Group upon such terms and conditions as may be specified by TLL or TLL Group. TLL or TLL Group may, at its discretion, allow the Student’s role in creation/development of intellectual property rights to be acknowledged.

 

33.                   The Client, Parents and Student further acknowledge that it shall have no right to use any trademark owned or used by TLL and/or the TLL Group without the express written consent of TLL or the TLL Group.

 

34.                   Any unauthorised use, sharing, sale, copying, recording, reproduction or disclosure of the Course Materials (or any part thereof) or TLL and/or the TLL Group’s intellectual property rights, including any unauthorised use of any trademark owned or used by TLL and/or TLL Group, shall, in addition to any other rights and remedies available to TLL and/or the TLL Group at law, in equity or under statute, be valid grounds for the suspension or termination of a Student.


35.                   The Client, Parents and Student consent to TLL and/or TLL Group using the Student’s name, work, photographs, 
academic records, photographs, audio/visual recordings and other material for promotional and other purposes such as publicising TLL and its students’ accomplishments to internal and external audiences, including in print and online, whether during the course of the Student’s enrolment with TLL Group or thereafter.

Personal Data Protection and Privacy Policy

36.                  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 TLL, and such other purposes as described in the TLL Group Privacy Policy. The Client, Parents and Student consent to any Personal Data collected by a TLL Group Entity being shared with the TLL Group in accordance with the terms of the TLL Group Privacy Policy. A copy of the TLL Group Privacy Policy is attached to these Terms & Conditions and may additionally be found online at

www.thelearninglab.com.sg/privacy-policy.

 

Liability

37.                  In consideration of TLL 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 TLL’s premises or otherwise, and, to the fullest extent permitted by law, neither TLL 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 or the use of TLL’s premises 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 TLL and not attributable at all to any fault, negligence or lack of care on the part of the Client, Parents or the Student.

 

38.                  The Client, Parents and Student shall be responsible for the security, safety and use of their own personal property on TLL’s premises or while otherwise availing of the Services, and TLL 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.

 

39.                  The Client, Parents and Student shall be solely responsible for the medical, allergies, dietary or any other special conditions or needs (whether physical, mental or emotional) of the Student. While TLL will be happy to accommodate, as far as possible, any special requests relating to the Student in respect of the same, TLL 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 TLL and/or its Staff accept any responsibility in respect of any hurt, injuries or illness to the Student arising therefrom.

 

40.                  TLL is not a child care centre and does not provide care, custody, crèche, nursery, babysitting or such similar services. TLL and/or its Staff accepts no responsibility whatsoever for the custody or care of any Student whether the Student is travelling to, attending or leaving TLL’s premises for the purposes of the Services. It is the responsibility of the Client and/or Parents to ensure that the Student is sent to, attends at and leaves TLL’s premises in a timely, safe and orderly fashion.

 

Limitation of Liability

41.                  Notwithstanding anything to the contrary in the Contract:

a.                  TLL’s sole liability and the maximum extent of such liability (if at all TLL’s liability is established) to the Client, Parents and/or Students and the Client, Parents and/or Student’s sole remedy for damages from TLL (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 TLL 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.                  TLL 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 TLL 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.

 

Indemnity

The Client shall:

a.                  indemnify, defend and hold harmless TLL 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 TLL against any loss, cost, claim and expense (including legal costs on any indemnity basis) that TLL may suffer or incur in protecting or enforcing any rights of TLL under this Contract against the Client, Parents and/or Student.

 

Force Majeure

43.                  TLL 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 TLL shall be released from such obligations to the extent that TLL is affected by the circumstances of the Force Majeure event and for the period during which those circumstances exist.

 

44.                  During the period of the Force Majeure event, to ensure its compliance with applicable laws and regulations, TLL 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.

 

45.                  For the purposes of this clause, “Force Majeure” shall mean any event or act occurring beyond the reasonable control of TLL and/or the TLL Group, 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.

 

No Warranty

46.                    TLL 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 TLL 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 TLL and its Staff against all consequences arising from any act or omission on the part of TLL, including without limitation any act or omission in respect of TLL’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.

 

Communications

47.                  For the purposes of the provision of the Services and/or any matter relating to the Student:

 

a.                  TLL 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.                  TLL 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 TLL deems it necessary in the case of urgency or for the purposes of an emergency, TLL will contact and communicate with any contact person or party whose details or particulars are known to TLL.

 

48.                  It is the responsibility of the Client and Parents to update TLL 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 obtaining, completing and submitting the appropriate particulars forms available from TLL via TLL’s Parent Portal.

 

49.                 Unless otherwise provided for to the Contract, notices which the Client, Parents and/or Student are required to give to TLL under the Contract must be in writing, addressed to “The Learning Lab” and sent to 101 Thomson Road, #03-03 United Square, Singapore 307591.

 

Determinations

50.                  TLL 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.

 

Confidentiality

51.                  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 TLL) and shall indemnify TLL against any breach of or default in respect of the same.

 

52.                  Under no circumstances shall TLL 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), personal information, details or particulars, confidential information or the identities of other students, parents, Staff or third parties.

 

53.                  The obligations of the Client, Parents and Student with respect to Clauses 53 and 54 above shall survive the termination of these Terms and Conditions and/or Contract (as the case may be).

 

Entire Agreement

54.                  The Contract (comprising these Terms & Conditions, the TLL Group Privacy Policy 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 TLL. The Client, Parents and Student acknowledge that no representation, inducements, promises or agreements, orally or otherwise, have been made by TLL which are not embodied herein.

 

Severability

55.                  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.

 

Third Party Rights

56.                  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.

 

Governing Law and Dispute Resolution

57.                  The Contract shall be governed and construed in accordance with the laws of the Republic of Singapore.

 

58.                  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.

 

59.                  All disputes and the resolution of such disputes (whether conducted through negotiation, litigation or otherwise) shall be strictly private and confidential between the parties.

 

Schedule A

(TLL Group Privacy Policy)

PRIVACY POLICY


This Privacy Policy relates to Personal Data collected and the circumstances under which it may be used or disclosed by TLL or any other corporation related to them by way of section 6 of the Companies Act (Cap. 50) (each a “TLL Group Entity” and collectively “TLL Group”).

The TLL Group is committed to respecting your privacy and we aim to maintain a high level of trust with all clients and prospective clients by adhering to the principles of applicable data protection and privacy laws in each country of operation.

For the purposes of this Privacy Policy “Personal Data” shall carry 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 TLL has or is likely to have access to.

Types of Information Collected and Used

TLL Group collects Personal Data so that we can provide an experience that is responsive and customised to your needs.

 

Examples of Personal Data we collect include:

 

  1. Personal information about you and your family members, which may include names, identification particulars, contact details, preferences, health information, family background, educational information, demographic data, payment details and transaction history;
  2. Information and data generated in the course of any continual relationship with TLL Group, for example, instructions given by you to arrange class enrolments, transfers, replacements, withdrawals, and other information and records you choose to provide by various modes of communication including mail, telephone, SMS, fax, email, internet and market research; 
  3. Information from cookies, other technologies deployed for the analysis of website usage or other information technology applications used by TLL Group;
 

TLL Group may also collect video footage, still images, or audio recordings of you (“Audio Visual Material”) recorded in the course of any classes, programmes or lessons conducted, or other services rendered by a TLL Group Entity, its staff or contractors. The Audio Visual Material form part of the Personal Data collected by TLL Group.

 

How we collect Information

TLL Group collects Personal Data from you, your family members, your authorised representatives, publicly available sources, our website, mobile or online services and other channels including emails, phone conversations and face-to-face interactions with our employees, officers and directors.

Purposes for which Information is Collected, Used and Disclosed

The purposes (collectively referred to as “Allowed Purposes”) for which TLL Group collects, uses and discloses Personal Data include:

 

1.                 To provide, operate and administer TLL Group products and services, or to process applications for TLL Group products and services, business or financial transactions, and to maintain service quality levels and train staff;

 

2.                 To facilitate and administer the Services enrolled by you, including but not limited to providing you with learning or educational material;

 

3.                 To provide product-related services and support, including the provision of administrative support, technical assistance and customer alerts;

 

4.                 To facilitate operational processes including but not limited to student profile assessments, class and student management, payment administration and statistical analysis;

 

5.                 To maintain accurate client information and enable customised experiences that meet your preferences and needs;

 

6.                 To manage TLL Group’s relationship with you, which may include providing information on TLL Group’s products and services, where specifically consented to or where permissible under applicable laws and regulations;

 

7.                 Sending you marketing information about our services, including but not limited to cross-marketing between TLL Group Entities and notifying you of our marketing events, initiatives and promotions;

 

8.                For use in promotional and marketing material distributed by TLL Group whether online or offline, including but not limited to posts on social media, print or electronic copies of newsletters and brochures, promotional video advertisements and print advertisements;

 

9.                To facilitate product development and service refinements via customer feedback, data analysis and market research;

 

10.                To perform internal management, to operate management information systems, to carry out and enable internal and external audits;

 

11.                To monitor and record calls and electronic communications with clients for record-keeping, quality control, training and case investigations;

 

12.                To enforce or defend the rights of TLL Group, its employees, officers and directors;

 

13.                To comply with any applicable laws, regulations, codes of practice, guidelines, or rules or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;

 

14.                For safety, legal and regulatory compliance; and

 

15.                Any other incidental business purpose related to or in connection with the above.

 

TLL Group may disclose Personal Data for any of the Allowed Purposes to:

 

1.                Professional advisors, third party service providers, agents or contractors engaged to perform any of the above listed purposes for TLL Group or any TLL Group Entity under a duty of confidentiality;

 

2.                Any person or entity which is part of TLL Group although only to the extent necessary to fulfil the Allowed Purpose;

 

3.                Any person to whom disclosure is required under applicable laws or regulations;

 

4.                Any court, tribunal, regulator, or other authority to whom disclosure is necessary under applicable laws or regulations.

 

If TLL Group needs to use your Personal Data for any other purposes, we will notify you and obtain your consent beforehand. You will be given the opportunity to withhold or withdraw your consent for the use of your personal data for these other purposes.

 

Transfer of Information

Personal Data may be transmitted by TLL Group or a TLL Group Entity to data storage facilities or third party service providers outside Singapore. Regardless of the location where Personal Data is transferred or stored, TLL Group or the relevant TLL Group Entity will make reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks to your Personal Data. Please note, however, that we cannot be held responsible for unauthorised or unintended use, access or disclosure that is beyond our control.

 

Retention of Information

We retain Personal Data in accordance with legal, regulatory, business and operational obligations.

 

Right of Access

You have the right to request a copy of your Personal Data held by us and to request for any inaccurate Personal Data to be rectified. A request can be submitted in writing, by mail or email (details in the “Contact Us” section).

 

Please note that we may be prevented by law from complying with any request that you may make. We may also decline any request that you may make if the law permits us to do so.

 

TLL Group reserves the right to charge an administrative fee for providing a copy of your Personal Data. If a fee is to be charged, we will inform you of the amount beforehand and respond to your request after payment is received.

 

Use of Cookies

1.                TLL Group's website collects "cookies" to enhance your experience while browsing the website. A cookie is a text file that is placed on your browser to store and track information about your use of our website such as the frequency of use, profiles of users and their preferred sites. While this cookie can tell us when you enter our sites and which pages you visit, it cannot read data off your hard disk.

 

2.                TLL Group uses cookies for the following purposes:

 

a.                To build up a profile of how you and other users use our websites and/or other third party websites;

 

b.                To establish usage statistics;

 

c.                To analyse your access to the website in order to improve operability or to identify the cause of problems on TLL website;

 

d.                Measure and research the effectiveness of our interactive online content, features, advertisements, and other communications;

 

e.                Make your online experience more efficient and enjoyable.

 

3.                You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

 

4.                Advertisements on our websites may be provided by third party advertisers and their agencies. These may generate cookies to track how many people have seen a particular advertisement (or use the services of third parties to view a particular advertisement), and to track how many people have seen it more than once.

 

5.               Our website may, from time to time, contain links to and from third party websites. If you follow a link to any of these websites, please note that these websites may or may not have their own have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

 

Consent

This Policy applies to all Personal Data that you may provide to us and the Personal Data we hold about you. By providing us with your Personal Data or by accessing, using or viewing the applicable website or any of its services, functions or contents (including transmitting, caching or storing of any such Personal Data), you shall be deemed to have agreed to each and all the terms, conditions, and notices in this Policy.

 

You may submit a request to withdraw your consent at any time by contacting us in writing, via mail or email.

 

Do note, in many circumstances, we need to use your Personal Data in order for us to provide you with products or services which you require or have requested. If you do not provide us with the required Personal Data, or if you do not accept this Policy (or any amendments thereto) or withdraw your consent to our use and/or disclosure of your personal data for these purposes, it may not be possible for us to continue to serve you or provide you with the products and services that you require or have requested.

Disclaimer

To the maximum extent permitted by law, we shall not be liable in any event for any special, exemplary, punitive, indirect, incidental or consequential damages of any kind or for any loss of reputation or goodwill, whether based in contract, tort (including negligence), equity, strict liability, statute or otherwise, suffered as a result of unauthorised or unintended use, access or disclosure of your personal data.

Updates to the Privacy Policy

TLL Group reserves the right to amend and vary the terms of this Privacy Policy at any time and will provide the updated Policy on our website. The use or continued use of any of TLL Group Entity’s services shall be deemed as your agreement and consent to be bound by our Privacy Policy.

Governing Law

This Policy is governed by the laws of Singapore. You agree to submit to the exclusive jurisdiction of the Courts of Singapore in any dispute relating to this Policy.

Contact Us

Feel free to contact us for any enquiries, requests and feedback.

 

By Mail:

Personal Data Protection Officer

The Learning Lab

United Square #03-03

101 Thomson Road

Singapore 307 591

 

By Email:

dataprivacy@thelearninglab.com.sg