Terms & Conditions
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 Formative Minds;
b. “Contract” shall mean collectively these Terms and Conditions, the Registration Form and the Formative Minds Privacy Policy and such other policies, guidelines, codes of conduct and/or regulations of Formative Minds as are informed and provided to the Client, Parents and Student (and as amended, supplemented and varied) from time to time;
c. “Regular Programmes” mean all regular classes, courses, workshops and programmes developed, offered and conducted by Formative Minds 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, analysis of performance, diagnostic reports, or instruments (whether in physical or digital copy) used, distributed or otherwise circulated in relation to the Student’s enrolment with Formative Minds under the Regular 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 (online and/or offline), workshops and programmes and conducted by Formative Minds and/or its Staff for the Student, in respect of the Regular Programmes, Holiday Programmes or Special Programmes;
f. “Holiday Programmes” and “Special Programmes” mean all classes, courses, workshops and programmes developed, offered and conducted by Formative Minds and/or its Staff for the Student, independent and outside of the Regular 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 Formative Minds has or is likely to have access to;
j. “Programmes” whether or not such term has been capitalised, mean the Regular Programmes, Special Programmes and Holiday Programmes, and “Programme” shall mean any one of them;
k. “Registration Form” refers to Formative Minds’ registration form pursuant to which the Student is enrolled in Formative Minds;
l. “Services” means the classes, courses, workshops and programmes developed, analysis of performance, diagnostic reports, offered and conducted by Formative Minds and/or its Staff for the Student under the Contract, and shall include the Regular Programmes, Special Programmes and Holiday Programmes;
m. “Staff” means any officer, teacher (whether permanent or temporary), employee, agent, service provider, third-party, freelancer, representative or contractor of Formative Minds, whether located in Singapore or outside of Singapore;
n. “Student” means the individual(s) who is the recipient of Services provided by Formative Minds;
o. “Term” means each period of the academic year during which Formative Minds regularly conducts classes;
p. “Terms and Conditions” mean the terms and conditions contained herein and applicable to the provision of all Services;
q. “Withdrawal Form” refers to Formative Minds’ withdrawal form of which the Student enrolled in Formative Minds would have to procure, complete and submit to withdraw from Formative Minds’;
r. “Formative Minds”, “FM”, "we", "us" or "our" means Formative Minds Private Limited and its affiliates or any entity which provides Services under the brand “Formative Minds” or any variation thereof in Singapore; and
s. “Formative Minds Privacy Policy” refers to the Formative Minds 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 FM 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 FM and the provision of the Services. FM 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 FM from time to time and published on FM’s website. 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 & 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 FM 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 FM. In the event that FM subsequently becomes aware that information considered reasonable for consideration for enrolment to FM has been withheld, falsified or is inaccurate, FM has the right to suspend or terminate the Student from any or all classes.
5. The Client and Parents agree to keep FM informed of any changes to Student’s and/or Parents’ particulars (i.e. address, school, contact number, email, etc)
6. FM 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 FM 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 FM, or prejudicial to good order or the reputation of FM, or for any other reason that FM deems fit and proper in its absolute discretion. In the event that the Student is terminated from FM pursuant to this clause, FM will not be under any obligation to return any deposit or fees paid to FM. Without prejudice to the generality of this clause, examples of when FM 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. deemed by FM to be suitable for related services and product;
e. fail to comply with any policy, guidelines, code of conduct, regulation, notice, direction or instruction given by FM or any Staff in relation to the conduct of classes or the use of FM’s premises or items or any matter relating to the provision of the Services;
f. persistently behave in a manner that is disruptive and prevents the continuation of classes or the provision of the Services;
g. use, disclose or disseminate any of FM’s trademarks or copyright material without obtaining FM’s prior written consent; or
h. do not pay any fees payable to FM and which are deemed outstanding at FM’s discretion.
Should any investigations be deemed by FM (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
7. FM 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. refuse entry to the Student if the Student is deemed to be unwell, or if FM 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. FM 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.
8. FM does not guarantee that a Student will be able to attend any particular class or timeslot or to receive classes from any particular Staff. FM 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 FM’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.
9. 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, the phrase “Course Materials” shall not include any online or electronic Course Materials, access to which may be granted to the Student at FM’s sole discretion.
10. 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 FM 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.). While FM will strive to provide replacement classes, 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. FM will however either provide the Student with the Course Materials for that particular class on the prior or following week.
11. FM reserves the sole right to determine the appropriate course of action (i.e. replacement lessons, fee refund, etc) in the event of any contagious disease, adverse weather, adverse operating conditions, any act of God, Force Majeure events and/or any supervening event that frustrates FM from rendering Services.
Absenteeism and Replacement Classes
12. Fees for unattended lessons are strictly non-refundable.
13. With respect to the Regular Programmes, Students and/or Parents are obliged to request for replacement classes with FM within seven (7) calendar days of missing classes due to medical leave or other reason. Replacement class(es) is not an entitlement. Subject to availability and at FM’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 FM’s sole discretion. Vacancies for replacement classes are on a first-come-first-served basis.
14. FM reserves the discretion to conduct general replacement classes on public holiday or school holidays. FM also reserves the right to determine the best setting, staff, learning environment, curriculum to be conducted for any replacement classes.
15. 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. FM will provide the Student with the Course Materials for the particular class which the Student failed to attend the following week.
16. The Replacement Limit shall not apply to Students who are unable to attend a class under the Regular Programme (“Regular Classes”) as a result of a clash in the timings between the Regular Programme Class and a class held under the Holiday Programme or Special Programme. In such an event, FM may (but is not obliged to) in its discretion: (i) provide the Student with worksheets for the Regular Programme Class(es) missed without an obligation to refund any fees applicable, or (ii) provide replacement Regular Programme Class(es) in excess of the Replacement Limit.
Payments and Late Payment
17. In consideration of FM 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.
18. The applicable fees will be reviewed from time to time and may be increased or decreased by such amount as FM, in its sole discretion, deems fit.
19. Fees are billed on a Termly basis and are due two (2) weeks before the start of the Term.
20. All fees must be paid before the commencement of classes.
21. FM reserves the right to impose a late payment fee of $20.00 per week for overdue payment.
22. A Student cannot commence or continue classes with FM while any fees are outstanding and unpaid. A student’s place in any particular Regular Programme, Holiday Programme and/or Special Programme shall not be confirmed until and unless full payment of all applicable fees is received by FM.
23. Regular Programme fees are fixed on a Termly basis regardless of the number of weeks and/or classes held during the said term.
24. 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) calendar days from the date of the invoice issued by FM.
25. A registration fee of S$80.00 (before GST) for Regular Programme is payable upon registration by Client, Parents and/or Student in respect of Students who are not existing students of FM. The amount of registration fee is subject to change at any time and without prior notice, and is strictly non-refundable in any circumstance.
26. A Deposit of $200.00 (inclusive of GST) per subject for Regular Programmes shall be payable upon registration and is refundable provided that all the following conditions are fulfilled to FM’s satisfaction:
a. one calendar month’s written notice of withdrawal is given to FM before the last day of the Term. In the event that less than one calendar month notice is given, FM shall not be obliged to refund any part of the deposit;
b. a duly completed withdrawal form is submitted to FM no later than one (1) calendar month before the last day of the Term;
c. 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. In the event that a Student commences a Regular Programme class more than four (4) weeks before the next Term commence, pro-rated fees for the current Term are payable within three (3) days of FM’s confirmation of available vacancy in the relevant class.
28. In the event that a Student commences a Regular Programme class less than or equals to four (4) weeks before the next Term commence, pro-rated fees for the current Term and following Term are payable within three (3) days of FM’s confirmation of available vacancy in the relevant class.
29. FM 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.
30. Existing Client, Parents and/or Student undertakes to pay all other applicable fees to FM within two (2) weeks from the date of the invoice issued by FM.
31. All payments to FM can only be made by Internet Banking to the FM Bank Account as indicated in the fee invoice.
32. Any payment made erroneously to any other bank account other than the stated FM Bank Account will be deemed to be invalid and therefore the fees would be considered as outstanding and unpaid.
33. In the event that a Student’s application to enrol in Holiday Programme or Special Programme is approved by FM, fees for the Holiday/ Special Classes shall be payable within three (3) days of FM’s confirmation of available vacancy in the relevant class(es). FM 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.
Refund and Withdrawal
34. Fees paid for the Regular Programmes, Holiday Programmes or Special Programmes are strictly non-refundable following confirmation from FM that such fees have been duly received by them. For the avoidance of doubt, FM 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 FM 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 FM.
35. FM will from time to time run marketing and promotional campaigns which expressly guarantee refunds should specific terms and conditions under the said marketing and promotional campaigns are fulfilled. FM will only be obliged to refund fees under such conditions.
36. Students and/or Parents are required to submit a completed Withdrawal Form to FM at least thirty (30) calendar days in advance. Deposit will be forfeited if Students and/or Parents have not given advance notice of withdrawal. In the event where Withdrawal Form are not submitted with all information completed to FM, the Student and/or Parents will continue to be liable for subsequent term fees until formal Withdrawal Form has been submitted.
37. Should fees remain outstanding for more than sixty (60) calendar days, Student will be considered to have been withdrawn and deposit forfeited.
38. FM does not guarantee that Student’s learning analytics data will be retained in FM’s platform upon withdrawal of Student from FM.
39. 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.
40. FM 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, FM will pay the refunded amount using such payment methods as it may in its sole discretion determine. FM shall be under no obligation to pay the refunded amount via the same payment method used to make the initial payment.
Intellectual Property & Media Rights
41. The Client, Parents and Students acknowledge that FM own all rights, title and interest in and to all lessons, classes (online or offline), 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 FM. 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 FM, are provided by way of loan and not sale.
42. FM hereby grants a non-exclusive license 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 FM.
43. FM further reserves all rights and interests over any intellectual property and data created arising as a result of the work or actions of the Student in conjunction with any of FM’s staff and/or other students for a purpose, class, event, course and/or activity associated with or offered by FM (“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 FM 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 FM upon such terms and conditions as may be specified by FM. FM may, at its discretion, allow the Student’s role in creation/development of intellectual property rights to be acknowledged. FM will have the right to determine how the Student’s Work can be applied.
44. The Client, Parents and Student further acknowledge that it shall have no right to use any trademark owned or used by FM without the express written consent of FM.
45. Any unauthorised use, sharing, sale, copying, recording, reproduction or disclosure of the Course Materials (or any part thereof) and/or intellectual property rights of FM, including any unauthorised use of any trademark owned or used by FM, shall, in addition to any other rights and remedies available to FM at law, in equity or under statute, be valid grounds for the suspension or termination of a Student.
46. The Client, Parents and Student consent to FM using the Student’s name, work, photographs, academic records, photographs, audio/visual recordings and other material for promotional and other purposes such as publicising FM and its students’ accomplishments to internal and external audiences, including in print and online, whether during the course of the Student’s enrolment with FM or thereafter.
Personal Data Protection and Privacy Policy
47. 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 FM, and such other purposes as described in the Formative Minds Privacy Policy. The Client, Parents and Student consent to any Personal Data collected by FM being shared in accordance with the terms of the FM Privacy Policy. A copy of the Formative Minds Privacy Policy is attached to these Terms & Conditions.
48. The Client, Parents and Student agree to give clear and unambiguous consent to receive various promotional and marketing messages from FM via various details registered with FM.
Liability
49. In consideration of FM 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 FM’s premises or otherwise, and, to the fullest extent permitted by law, neither FM 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 FM’s premises whether direct or indirect and whether reasonably foreseeable or not.
50. The Client, Parents and Student shall be responsible for the security, safety and use of their own personal property on FM’s premises or while otherwise availing of the Services, and FM 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.
51. 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 FM will be happy to accommodate, as far as possible, any special requests relating to the Student in respect of the same, FM 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 FM and/or its Staff accept any responsibility in respect of any hurt, injuries or illness to the Student arising therefrom.
52. FM is not a child care centre and does not provide care, custody, crèche, nursery, babysitting or such similar services. FM 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 FM’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 FM’s premises in a timely, safe and orderly fashion.
Limitation of Liability
53. Notwithstanding anything to the contrary in the Contract:
a. FM’s sole liability and the maximum extent of such liability (if at all FM’s liability is established) to the Client, Parents and/or Students and the Client, Parents and/or Student’s sole remedy for damages from FM (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 FM 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 Regular Programmes) or the Holiday Programme or Special Programme in respect of which such liability arose;
b. FM 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 FM 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
54. The Client shall:
a. indemnify, defend and hold harmless FM 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 FM against any loss, cost, claim and expense (including legal costs on any indemnity basis) that FM may suffer or incur in protecting or enforcing any rights of FM under this Contract against the Client, Parents and/or Student.
Indemnity
55. FM 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 FM shall be released from such obligations to the extent that FM is affected by the circumstances of the Force Majeure event and for the period during which those circumstances exist.
56. During the period of the Force Majeure event, to ensure its compliance with applicable laws and regulations, FM 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.
57. For the purposes of this clause, “Force Majeure” shall mean any event or act occurring beyond the reasonable control of FM and/or the FM, 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
58. FM 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 FM 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 FM and its Staff against all consequences arising from any act or omission on the part of FM, including without limitation any act or omission in respect of FM’s conduct of classes, allocation of Staff and students, marking of worksheets, Regular Programme, Holiday Programme and Special Programme Course Materials and conduct of Staff, other students and parents.
Communications
59. For the purposes of the provision of the Services and/or any matter relating to the Student:
a. FM 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. FM 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 FM deems it necessary in the case of urgency or for the purposes of an emergency, FM will contact and communicate with any contact person or party whose details or particulars are known to FM.
60. It is the responsibility of the Client and Parents to update FM in a timely manner in respect of any change in status or particulars of the Client, Parents and/or the Student.
Determinations
61. FM 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
62. 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 FM) and shall indemnify FM against any breach of or default in respect of the same.
63. Under no circumstances shall FM 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.
64. The obligations of the Client, Parents and Student with respect to the Confidentiality obligations above shall survive the termination of these Terms & Conditions and/or Contract (as the case may be)
Entire Agreement
65. The Contract (comprising these Terms & Conditions, the Formative Minds 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 FM. The Client, Parents and Student acknowledge that no representation, inducements, promises or agreements, orally or otherwise, have been made by FM which are not embodied herein.
Severability
66. 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
67. 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
68. The Contract shall be governed and construed in accordance with the laws of the Republic of Singapore.
69. 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.
70. All disputes and the resolution of such disputes (whether conducted through negotiation, litigation or otherwise) shall be strictly private and confidential between the parties.