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IMPORTANT – PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. BY ACCESSING THIS WEBSITE AND/OR USING THE ONLINE SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS OR CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS OF THIS WEBSITE AND/OR USE OF THE ONLINE SERVICES. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

We may amend the terms and conditions at any time by posting an updated version at Metamore Academy Pte. Ltd (“METAMORE”) website(s)The updated version of the Terms of Service shall take effect immediately upon posting. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of The METAMORE Website(s) following the posting of changes will mean that you accept and agree to the revisions including additional Terms or removal of portions of these Terms, modifications etc. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and avail the Services.

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 METAMORE; b. “Contract” shall mean collectively these Terms & Conditions, the Registration Form and METAMORE Group Privacy Policy and such other policies, guidelines, codes of conduct and/or regulations of METAMORE as are informed and provided to the Client, Parents and Student (and as amended, supplemented and varied) from time to time; c. “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; d. “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 METAMORE has or is likely to have access to. e. “Services” means the classes, courses, workshops and programs developed, offered and conducted by METAMORE and/or its Staff for the Student under the Contract. f. “Staff” means any officer, teacher (whether permanent or temporary), employee, agent, service provider, representative or contractor of METAMORE, whether located in Singapore or outside of Singapore; g. “Student” means the individual(s) who is the recipient of Services provided by METAMORE; h. “Terms & Conditions” mean the terms and conditions contained herein and applicable to the provision of all Services; i.“ METAMORE”, “we”, “us” or “our” means METAMORE and its affiliates; j. “METAMORE Group” refers to METAMORE or any other corporation related to them by way of section 6 of the Companies Act Cap. 50.
  2. These Terms & Conditions apply to the provision of all Services by METAMORE (METAMORE) 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 METAMORE (METAMORE) and the provision of the Services. METAMORE (METAMORE) 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 METAMORE from time to time. The utilization and continued utilization (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 METAMORE 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

  1. The Client and Parents agree to fully disclose all information relevant to the Student’s enrolment and continued enrolment in METAMORE. In the event thatMETAMORE subsequently becomes aware that information considered reasonable for consideration for enrolment to METAMORE has been withheld, falsified or is inaccurate, METAMORE has the right to suspend or terminate the Student from any or all classes.
  2. METAMORE 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 METAMORE deems, in its sole discretion, that the Client, Parents and/or Student demonstrates behavior that is detrimental to the welfare or safety of the Staff or other parents and students of METAMORE, or prejudicial to good order or the reputation of METAMORE, or for any other reason that METAMORE deems fit and proper in its absolute discretion. In the event that the Student is terminated from METAMORE pursuant to this clause, METAMORE will not be under any obligation to return any deposit or fees paid to METAMORE. Without prejudice to the generality of this clause, examples of when METAMORE may exercise its right include (but is not limited to) cases where the Client, Parents and/or Student:
  1. cause or threaten to cause physical injury to other parents, students and/or Staff for any reason;
  2. use threatening, abusive or insulting words or behavior towards other parents, students and/or Staff;
  3. harass, cause alarm or distress to other parents, students and/or Staff;
  4. fail to comply with any policy, guidelines, code of conduct, regulation, notice, direction or instruction given by METAMORE or any Staff in relation to the conduct of classes or the use of METAMORE’s premises or items or any matter relating to the provision of the Services;
  5. persistently behave in a manner that is disruptive and prevents the continuation of classes or the provision of the Services;
  6. use, disclose or disseminate any of METAMORE’s or METAMORE Group’s trademarks or copyright material without obtaining METAMORE’s or METAMORE Group’s prior written consent; or
  7. do not pay any fees payable to METAMORE and which are outstanding and remain unpaid as at the first week of commencement of the Term.

Should any investigations be deemed by METAMORE (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.

INTELLECTUAL PROPERTY & MEDIA RIGHTS

PERSONAL DATA PROTECTION AND PRIVACY POLICY

  1. 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 METAMORE, and such other purposes as described in the METAMORE Group Privacy Policy . The Client, Parents and Student consent to any Personal Data collected by a METAMORE Group Entity being shared with the METAMORE Group in accordance with the terms of the METAMORE Group Privacy Policy.

LIABILITY

  1. In consideration of METAMORE 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 METAMORE’s premises or otherwise, and, to the fullest extent permitted by law, neither METAMORE 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 METAMORE’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 METAMORE and not attributable at all to any fault, negligence or lack of care on the part of the Client, Parents or the Student.
  2. The Client, Parents and Student shall be responsible for the security, safety and use of their own personal property on METAMORE’s premises or while otherwise availing of the Services, and METAMORE 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.
  3. 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 METAMORE will be happy to accommodate, as far as possible, any special requests relating to the Student in respect of the same, METAMORE 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 METAMORE and/or its Staff accept any responsibility in respect of any hurt, injuries or illness to the Student arising therefrom.

LIMITATION OF LIABILITY

INDEMNITY

  1. The Client shall:
  1. indemnify, defend and hold harmless METAMORE 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 willful default, misconduct or negligence on the part of the Client, Parents and/or Student;
  2. indemnifyMETAMORE against any loss, cost, claim and expense (including legal costs on any indemnity basis) that METAMORE may suffer or incur in protecting or enforcing any rights of METAMORE under this Contract against the Client, Parents and/or Student.

FORCE MAJEURE

  1. METAMORE 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 METAMORE shall be released from such obligations to the extent that METAMORE is affected by the circumstances of the Force Majeure event and for the period during which those circumstances exist.
  2. During the period of the Force Majeure event, to ensure its compliance with applicable laws and regulations, METAMORE 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.
  3. For the purposes of this clause, “Force Majeure” shall mean any event or act occurring beyond the reasonable control of METAMORE and/or the METAMORE 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 labor 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

  1. METAMORE does not warrant or guarantee that any Services or any assigned teacher or tutor or any course, workshop, class or program developed and/or conducted by METAMORE 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 METAMORE and its Staff against all consequences arising from any act or omission on the part of METAMORE, including without limitation any act or omission in respect of METAMORE’s conduct of classes, allocation of Staff and students, marking of worksheets, Program Course Materials and conduct of Staff, other students and parents.

COMMUNICATIONS

  1. For the purposes of the provision of the Services and/or any matter relating to the Student:
  1. METAMORE 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;
  2. METAMORE 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 authorized in writing by the Client; and
  3. where METAMORE deems it necessary in the case of urgency or for the purposes of an emergency, METAMORE will contact and communicate with any contact person or party whose details or particulars are known to METAMORE.
  1. It is the responsibility of the Client and Parents to update METAMORE in a timely manner in respect of any change in status or particulars of the Client, Parents and/or the Student.
  2. Unless otherwise provided for to the Contract, notices which the Client, Parents and/or Student are required to give to METAMORE under the Contract must be in writing, addressed to “METAMORE” and sent to

.

DETERMINATIONS

  1. METAMORE 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

  1. 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 METAMORE) and shall indemnify METAMORE against any breach of or default in respect of the same.
  2. Under no circumstances shall METAMORE 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.

ENTIRE AGREEMENT

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

SEVERABILITY

  1. 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

  1. 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

  1. The Contract shall be governed and construed in accordance with the laws of the Republic of Singapore.
  2. 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.
  3. All disputes and the resolution of such disputes (whether conducted through negotiation, litigation or otherwise) shall be strictly private and confidential between the parties.