Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE AND/OR ENROLLING IN ANY CLASS OFFERED BY ALPHAGEN LEARNING PRIVATE LIMITED, THE STUDENT AND HIS/HER PARENTS/GUARDIANS (“You”) ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS (“Terms”) AS SPECIFIED BELOW.
Alphagen Learning Private Limited (including its affiliates), incorporated in Singapore with ACRA UEN 202103247W (“Company”), operates a website (URL: https://www.alphagenlearning.com) and facilitates online education services to children (hereinafter referred to as “Services”).
The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time without prior notice. The Terms as amended from to time shall take place immediately from the time they are published on the Company’s website. Please check these Terms periodically for changes. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes.
1. Terms of Service
By choosing to avail any Services provided by Company, you agree to be bound by these Terms. If you are a parent or guardian and you provide your consent for your child’s use of the Services, you agree to be bound by these Terms in respect to their use of the Services. By your continued use of the Services, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to the Terms of this agreement, please promptly exit this page and stop accessing the Services.
2. Trial Classes
The Company offers 1 free trial class to new students so that you get an opportunity to experience the services provided. Only 1 free trial class is permitted per new student, unless in exceptional circumstances where a waiver has been granted by the Company. Any free trial class provided by the Company shall also be governed by these Terms.
Without prior written approval from the Company, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting in any form or by any means whatsoever (including mechanical, electronic, recording, photocopying or otherwise) any worksheets, study materials, assessment reports and all other material that the Company distributes or sends to you. You also undertake that you shall not record, make videos or sound/ audio recordings, take screen shots, click pictures and shall not download, publish, transmit, display, reproduce, transmit, distribute, post, share or make copies of any of the classes/ lectures that are conducted by the Company (including the trial classes), video recordings, sound/audio recordings, images, photos, pictures/ images, text or other material, whether in full or in part, unless you obtain prior written approval from the Company. Any recordings, videos, sound/audio recordings, screen shots, pictures, images, material, or content which is obtained in any manner without the prior written consent of the Company shall amount to breach of the instant terms and conditions and you shall be solely liable for the said breach under the applicable laws. All other rights are reserved.
You acknowledge that the Company shall have the right to take video recordings of the classes and its students for educational, training and/or promotional purposes. If you wish not to be featured in any educational, training and/or promotional materials, please send us an email on firstname.lastname@example.org.
As an option in helping your child with troubleshooting, instructors might need to remotely access your computer. You agree to consent the Company and the instructors to gain remote control of your screen during the class.
You explicitly agree to pay the fees for the Services that you purchase, and you authorize the Company to charge you as per the applicable payment mode opted by you. All payments shall be through the payment mechanism put in place by the Company and you shall be responsible for paying all fees and applicable taxes in a timely manner. Users have been given various options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to Card Payment facilities and Online Bank Transfer. The payment gateway mechanisms are governed by the terms and conditions of the third-party providers and the User agrees to be bound by those terms.
Valid Credit / Debit Card, online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. The Company shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction.
6. Variation of Fees and Services
The Company reserves the right to re-schedule or cancel the classes. It may also change the instructor assigned for a scheduled lesson in the event of contingencies.
We reserve the right to change any fees at any time at our sole discretion and any change, update, or modification in the fee shall become effective immediately upon the same being posted/uploaded or notified on our website.
7. Rescheduling Classes
All requests for rescheduling of classes must be made at least 24 hours in advance of the original class. Such requests will only be valid upon the User receiving a confirmation from the Company.
8. Late Arrival
You are advised to log on to every lesson on time. Students who log on late shall only be given the remainder of their original scheduled lesson time and not the full scheduled time.
9. Cancellation Policy
You can cancel your online registration within 24 hours of purchase and receive a 100% refund. After 24 hours of purchase, no refunds will be processed.
The Company reserves the right to cancel the class, in which case the fees that were paid for that class can be refunded in full, or rescheduled, at your choice.
10. Third Party Services
You acknowledge that the Services provided by the Company uses and/or contains certain softwares, products and services which are developed and owned by third parties, the use of which is governed by terms and conditions of such third parties. The Company shall not be liable, directly or indirectly, for the Terms and Conditions, policies or practices of any third-party web sites or services, or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such services. At your request, the Company shall provide you with the third parties’ Terms and Conditions and other policies if they are available.
You explicitly agree that you shall not solicit or attempt to make private arrangements for classes or any other purpose with instructors who have engaged with the Company.
12. Personal Data
To access certain information and services, you might be required to register and sign up for an account with us. You are solely responsible for safeguarding and maintaining the confidentiality of your username and password.
You are held personally liable for any violation of a third party’s rights by You. You agree to reimburse the Company for all damages resulting from the culpable non-observance of the obligations of these Terms. You release the Company from all eligible claims that other users or third parties may file against the Company due to a violation of their rights by you or due to a violation of other obligations. You shall assume the costs of Company legal defense, including all court and legal fees. This condition does not apply if you are not responsible for the infringement.
15. Limited Liability
The Company ensures that the information and the training facilitated by the instructors is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, and accepts no responsibility with respect to the information and coaching given by the instructors. You agree and understand that the Company does not state or claim any warranty for the quality of lectures delivered by the instructors.
The Company undertakes the scrutiny of the curriculum delivered by the instructors however, the Company does not guarantee the quality of lessons delivered to you. At any instance of live interactive classes, if the instructor uses any sexual or abusive language or depicts any forced sexual acts, or pornographic images or does any unethical, unlawful or immoral act, then in such cases, please immediately inform the Company at the contact provided below. The Company will make all efforts to take any and all necessary actions as per the applicable law. However, the Company explicitly disclaims any liability or responsibility in the event of such a circumstance.
The Company will not be held responsible for any unethical, illegal acts performed by the Child on the advice of instructor and it shall be your responsibility to closely monitor the activities of your Child while accessing the Services.
In no event shall the Company be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third-party, whether in an action in contract or tort, arising from your use of the Services.
The Company facilitates educational and informational on an “as is” basis and is liable only to provide its services with reasonable skill and care.
The Company’s liability for any and all claims in aggregate, arising out of or related to your use of the Services, shall not under any circumstances exceed the amounts actually paid by You to the Company for its Services.
You acknowledge that your use and access of third party services and websites is made at your own risk. The Company gives no other warranty in connection with the service and to the maximum extent permitted by law, Company excludes liability in connection with this.
The Company does not warrant that the operation of the Services will be uninterrupted or error-free. The Company will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of Company including Internet outages, communications outages, fire, flood, war or act of God.
You agree that in relation to your use of the Service you will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability or which might call Company or the Service into disrepute.
16. No Warranty
The Company does not warrant or guarantee that the Services will help improve the Student and you hereby irrevocably agree to undertake and fully waive and indemnify the Company, its officers, directors, employees, agents, and suppliers, against all consequences arising from any act or omission on the part of the Company, including without limitation any act or omission in respect of the Company’s conduct of classes.
You agree to fully indemnify, defend, and hold the Company, its officers, directors, employees, agents, and suppliers, harmless immediately on demand from and against all claims, liability, damages, losses, fines, penalties, costs and expenses of any kind or nature including but not limited to legal and accounting fees, brough by third parties as a result of:
a. Your breach of these Terms
b. Your violation of any law or the rights of a third party
c. Your use of the Company’s Services
18. Force Majeure
The Company shall not be liable if it is prevented, hindered, or delayed from carrying out its obligations to You by reason of a Force Majeure event, and the Company shall be released from such obligations to the extent that the Company 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, the Company shall be entitled to make all necessary changes or adjustments to the manner in which its Services are carried out, without the need to amend these Terms, or give any prior notification to You.
For the purposes of this clause, “Force Majeure” shall mean any event or act occurring beyond the reasonable control of the Company, 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.
Without limiting any other rights that Company may have, Company may remove, restrict, cancel, or suspend access to and/or use of Services provided by the Company and any part of it, if Company considers (in the sole discretion of Company) that You have breached any of these Terms. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.
20. Entire Agreement
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
22. Governing Law and Dispute Resolution
The Terms shall be governed and construed in accordance with the laws of Singapore.
Any dispute arising out of or in connection with the Terms 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 settle any disputes which may arise out of or in connection with the Terms and, for such purposes, irrevocably submit to the exclusive jurisdiction of such courts.
All disputes and resolution of such disputes (whether conducted through negotiation, litigation or otherwise) shall be strictly private and confidential between the parties.