条款与条件

This Terms and Conditions was last reviewed on 24 April 2021.

1. Interpretations & Definitions

1.1. In these Terms & Conditions, except where the context otherwise requires:

  1. Centre” means the physical classroom and/ or office of TRT at 121 Bishan Street 12, #01-89, Singapore 570121;
  1. Client”, “you”, or “your” means the individual(s) who has accepted or proposes to accept the services of TRT;
  1. Company”, “TRT”, “we“, “us” or “our” whether or not such term has been capitalised shall mean The Rationale Thinking Learning Centre Pte. Ltd., UEN: 201222890K
  1. Contract” shall mean collectively these Terms & Conditions, the Registration Form and the TRT Privacy Policy and such other policies, guidelines, codes of conduct and/ or regulations of TRT (as amended, supplemented and varied) from time to time;
  1. Core Tuition Programmes” mean all regular tuition classes and programmes developed, offered and conducted by TRT and/ or its Staff other than the Holiday Programmes or Special Programmes;
  1. Course Materials” means all materials, documents, notes, or worksheets (whether in physical or digital copy) used, distributed or otherwise circulated in relation to the Student’s enrolment with TRT under any of our Programmes, including but not limited to all audio or video recordings of classes, and quizzes/ tests/ assessments and activities held in respect thereof;
  1. Class”, “Classes”, “Lesson” or “Lessons” whether or not such term has been capitalised, mean all classes, courses, workshops and programmes conducted by TRT and/ or its Staff for the Student;
  1. Holiday Programmes” and “Special Programmes” mean all classes, courses, workshops and programmes developed, offered and conducted by TRT and/ or its Staff for the Student, independent of the Core Tuition Programmes;
  1. Infectious Disease” means the definition assigned to it under the Infectious Disease Act (Chapter 137) of Singapore;
  1. Parents” mean the parent(s) of the Student or 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;
  1. Personal Data” means the definition assigned to it under the Personal Data Protection Act 2012, and shall include any data about persons who can be identified from the data and/ or other information to which TRT has or is likely to have access to;
  1. Programmes” whether or not such term has been capitalised, shall mean any services provided by TRT, including our Core Tuition Programmes, Holiday Programmes and Special Programmes;
  1. Registration Form” refers to TRT’s registration form which the Student is required to complete before his or her trial lesson and/ or enrolment into TRT;
  1. Services” means the classes, courses, workshops and programmes developed, offered and conducted by TRT and/ or its Staff for the Student under the Contract, and shall include the Core Tuition Programmes, Special Programmes, Holiday Programmes and any other Additional Services;
  1. Staff” means any officer, teacher (whether permanent or temporary), employee, representative or contractor of TRT, whether located in Singapore or outside of Singapore;
  1. Student” means the individual(s) who is the recipient of the Services provided by TRT;
  1. Term” means the academic term of the academic year during which TRT regularly conducts classes;
  1. Term Calendar” means the Term Calendar which outlines the Terms for the academic year;
  1. Terms & Conditions” mean the terms and conditions contained herein and applicable to the provision of all Services;

TRT Privacy Policy” refers to the TRT Privacy Policy (as amended, supplemented and varied from time to time), a copy of which can be found at https://therationalethinking.com/trt-privacy-policy/.

2. Attendance of Classes

2.1. TRT may mark and track the Student’s attendance. However, it is the sole responsibility of the Student to attend all of his or her paid classes in a timely manner. TRT shall not be held liable for any missed content and/ or classes, whether partial or whole, regardless if the Student has valid reason(s) for missing the class.

2.2. In the event that the Student is unable to attend the registered Class, it is your responsibility to inform TRT of your absence and make the necessary arrangements to catch up with the rest of the class (“Replacement Class”) as soon as possible.

2.3. With respect to the Core Tuition Programmes, Replacement Classes will be offered to the Student as either of the following:

  1. The Student may attend another class of the same Core Tuition Programme that he or she registered for, subject to availability and vacancies, within the same teaching week which begins every Saturday and ends on the following Friday (i.e. new Course Materials will be distributed on every Saturday).
  1. TRT may (but is not obliged to) provide access to the Course Materials including a video recording of the particular lesson for the Student to review on his or her own. The Student’s attendance will be marked as ‘Present’ upon the sending out of the Course Materials and will be considered that you have attended the lesson, regardless if you have personally reviewed the Course Materials on your own. It is the Student’s responsibility to ensure that they have received the Course Materials and to inform TRT if there are any discrepancies.

This clause shall apply notwithstanding that the Student has valid reason(s) for missing the class or if the Student is unable to attend a class under the Core Tuition Programme as a result of a clash in the timings between the Core Tuition Programme and a class held under the Holiday Programme or Special Programme.

2.4. With respect to the Holiday or Special Programmes, Replacement Classes will be offered to the Student as the following:

  1. TRT may (but is not obliged to) provide access to the Course Materials including a video recording of the particular lesson for the Student to review on his or her own. The Student’s attendance will be marked as ‘Present’ upon the sending out of the Course Materials and will be considered that you have attended the lesson, regardless if you have personally reviewed the Course Materials on your own. It is the Student’s responsibility to ensure that they have received the Course Materials and to inform TRT if there are any discrepancies.

This clause shall apply notwithstanding that the Student has valid reason(s) for missing the class or if the Student is unable to attend a class under the Holiday Programme or Special Programme as a result of a clash in the timings between the Holiday Programme or Special Programme and a class held under the Core Tuition Programme.

2.5. Unless otherwise indicated or advised by TRT or any of our Staff, no additional replacement classes will be scheduled. All missed lessons and classes will be considered forfeited and no refund of class fees will be given in lieu of any classes which would otherwise have been held but for the same. For the full Terms & Conditions governing finance-related matters, please refer to Clause 7 (Finance).

2.6. For termination of Service with respect to the Core Tuition Programmes, the student will be required to inform the Company at least one (1) month before the last day of the Term. The termination of Service will only take effect from the following Term after the notice is received by us from the Parent(s) of the Student affected. Thereafter, the Student may (but is not obliged to) attend the remaining classes in the current Term. All fees paid prior are non-refundable and missed lessons will be forfeited. For the full Terms & Conditions governing finance-related matters, please refer to Clause 7 (Finance).

2.7. For termination of Service with respect to the Holiday or Special Programmes, the student will be required to inform the Company at least one (1) week before the commencement of the programme. If the programme has commenced, the termination of Service will not be accepted and the Student will be granted Replacement Class as defined in Clause 3.5. All fees paid prior are non-refundable and missed lessons will be forfeited unless otherwise advised by TRT and/ or any of our Staff. For the full Terms & Conditions governing finance-related matters, please refer to Clause 7 (Finance).

3. Conduct of Classes

3.1. While every effort is made to avoid changes to the classes, TRT reserves the right to do any or all of the following, in its sole discretion, as it may from time to time deem necessary:

  1. Make some or all changes to the conduct of classes, including but not limited to, transferring, combining, dividing or dissolving a class, changing the teachers, rescheduling classes, and varying the manner in which classes are conducted;
  1. Refuse entry into our Centre if the Student is deemed to be unwell, or if TRT has reasonable grounds to believe and/ or suspect 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 any agents of an Infectious Disease; and
  1. Amend or vary the curriculum, venue and/ or any other condition of the classes, according to the programme priorities and student needs as TRT deems appropriate.

TRT 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.

3.2. TRT does not guarantee that a Student will be able to attend any particular class or timeslot. TRT reserves the right to place a Student in any appropriate class or timeslot (in its absolute discretion) depending on the availability of classes, the class capacity, or TRT’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.

3.3. The Student shall not be entitled to receive any Course Materials from any of our Programmes 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 receive the Course Materials utilised or distributed from the date on which the Student begins attending the classes. TRT may, at our sole discretion, grant the Student access to additional and/ or missed Course Materials whether with or without additional charges and fees.

3.4. Unless otherwise indicated in the Term Calendar, classes will be conducted as usual (whether physically at our Centre or virtually through any online platforms as decided by the Company) throughout the academic year regardless of (i) public holidays (whether general, gazetted or otherwise declared or observed in Singapore), (ii) school holidays (whether declared by the Ministry of Education and/ or the Student’s school), or (iii) home-based learning days designated by the Student’s school. TRT reserves the right to amend our Term Calendar at any point in time. A copy of the latest Term Calendar can be downloaded from our website at https://therationalethinking.com/gp-ip-tuition/ or picked up over our reception at our Centre.

4. Additional Services

4.1. TRT is not obliged to provide any additional Services outside of its regular Services as defined in this Contract. And we do not guarantee the effectiveness of such additional Services provided to the Student. TRT nor its Staff shall be liable for any loss and damages which may arise as a result of the Student availing of the additional Services. For the full Terms & Conditions governing Liabilities and Limitation of Liabilities, please refer to Clause 12 (Liabilities) and Clause 13 (Limitation of Liability).

4.2. TRT or any of our Staff may, in our goodwill and sole discretion, provide additional Services that may be beneficial to the Student academically as we deem fit. Such Services may include but not be limited to:

  1. Additional classes (whether individually or grouped)
  1. Consultations (whether individually or grouped)
  1. Reviewing of exam papers
  1. Personal Advice

4.3. TRT may impose charges and fees for such additional Services as we deem appropriate. For the full Terms & Conditions governing finance-related matters, please refer to Clause 7 (Finance).

5. Trial Lesson

5.1. The trial lesson is only applicable to our Core Tuition Programme, excluding all Holiday or Special Programmes unless otherwise advised by TRT and/ or of our Staff.

5.2. All prospective Student(s) of TRT are entitled to only one (1) trial lesson of the Core Tuition Programme of their choice, provided they have not attended any trial lesson with TRT prior to their current enrolment. If the Client has more than one Student registering for the trial lesson, each Student will be entitled to only one (1) trial lesson of the Core Tuition Programme of their choice.

5.3. The Student attending the trial lesson is required to complete the Registration Form (whether physical or digital). The completion of the Registration form does not guarantee the official registration of the Student in the Core Tuition Programme.

5.4. If the Student decides not to continue receiving Service from TRT after attending the trial lesson, the trial lesson will be complimentary. Otherwise, all trial lessons will be chargeable at the prevailing lesson rates with any other applicable fees upon official registration for the Core Tuition Programme, unless otherwise advised by TRT or any of our Staff. Should the Student decide to sign up after a period of time has passed (regardless of the length of time), the trial lesson will still be chargeable at the prevailing lesson rates with any other applicable fees, unless otherwise advised by TRT or any of our Staff.

5.5. TRT reserves the right to retain all information submitted by the Customer, even if the Customer decides not to register for regular classes. This is to facilitate the tracking of Student(s) who have attended a trial lesson.

6. Enrolment & Continued Enrolment

6.1. The Client, Parent(s) and Student agree to fully disclose all relevant information to the Student’s enrolment and/ or continued enrolment in TRT. If TRT subsequently becomes aware that any of the submitted information (or part thereof) for enrolment and/ or continued enrolment in TRT has been withheld, falsified and/ or is inaccurate, TRT reserves the right to demand an update of complete and accurate information and/ or suspend or terminate the Student from any or all of our Services.

6.2. TRT 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 TRT 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 TRT, or prejudicial to good order and/ or the reputation of TRT, or for any other reason that TRT deems fit and proper in its absolute discretion. In the event that the Student is terminated from TRT in pursuant to this clause, TRT will not be under any obligation to refund any fees (whether in whole or in part) paid to TRT. Without prejudice to the generality of this clause, examples of when TRT 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;
  1. use threatening, abusive or insulting words or behaviour towards other parents, students and/ or any of our Staff;
  1. harass, cause alarm or distress to other parents, students and/ or any of our Staff;
  1. fail to comply with any policy, guidelines, code of conduct, regulation, notice, direction or instruction given by TRT or any of our Staff in relation to the conduct of classes or the use of TRT’s premises or items or any matter relating to the provision of the Services;
  1. behave in a manner that is disruptive and/ or prevents the continuation of classes or the provision of the Services;
  1. use, disclose or distribute any of TRT’s trademarks or copyright material without obtaining TRT’s prior written consent; or
  1. do not pay any fees payable to TRT and which are outstanding and remain unpaid after two (2) weeks from the date of invoice issued by TRT to the Student or the prescribed due date as advised by TRT or any of our Staff (whether oral or in writing) whichever is earlier.

Should any investigations be deemed to be necessary or appropriate by TRT (in its sole discretion), the Student may be transferred, suspended or terminated from any or all classes pending such investigation. During which, TRT will not be under any obligation to return any fees paid to TRT.

6.3. With respect to new enrolments, the following conditions must be fulfilled to TRT’s satisfaction to be considered a complete registration of any of TRT’s programmes.

  1. The Client, Parent and/ or Student is to inform TRT of the Student’s confirmation of registration (whether oral or in writing).
  1. The Client, Parent and/ or Student is to make a complete payment of the applicable fees as described in the invoice issued to the Parent and/ or Student.
  1. TRT receives, verifies and confirms the payment.

Once the Student’s registration is complete and confirmed, he or she may continue receiving the Services paid for by TRT.

7. Finance

7.1. In consideration of TRT providing the Services to the Student, the Client shall pay all applicable fees as indicated in your invoice issued by TRT. The prorating of fees will only be allowed for the following circumstances, otherwise, the fees will be charged on a Term basis of 10 lessons as indicated in the Term Calendar:

  1. The Student is a new student who enrolled after the Term has commenced;
  1. Holiday and/ or Special Programmes;
  1. Term 5 which consists of 8 lessons only, and taking into account that the Client, Parent and/ or Student may travel overseas for holidays during the year-end holidays;
  1. Any other reason that TRT deems valid in our sole discretion.

Unless otherwise advised by TRT or any/ or of our Staff, there will strictly be no prorating of fees.

7.2. The applicable fees and lesson rates will be reviewed from time to time and may be increased or decreased by such an amount as TRT, in its sole discretion, deems fit.

7.3. With respect to the Core Tuition Programmes,

  1. New Client, Parents and/ or Student agree to pay all applicable fees at the prevailing rates, unless otherwise advised by TRT and/ or any of our Staff, upon the confirmation of registration, within two (2) weeks from the date of the invoice issued by TRT. TRT 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. The Student cannot commence or continue classes with TRT while any fees are outstanding and unpaid.
  1. Existing Client, Parents and/ or Student undertakes to pay all other applicable fees to TRT within two (2) weeks from the date of the invoice issued by TRT. TRT 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. The Student cannot commence or continue classes with TRT while any fees are outstanding and unpaid. The Student may also be suspended or terminated under Clause 6 of these Terms & Conditions.

7.4. With respect to the Holiday or Special Programmes, all Client, Parents and/ or Student undertakes to pay all applicable fees at the prevailing rates, unless otherwise advised by TRT and/ or any of our Staff, upon the confirmation of registration, and in any event within two (2) weeks from the date of the invoice issued by TRT or before the commencement of the Holiday or Special Programme whichever is earlier. TRT 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. The Student cannot commence or continue classes with TRT while any fees are outstanding and unpaid.

7.5. Payments to TRT may be made by any of the following methods:

  1. Physical payment over the reception at our Centre:
    1. Cheques must be made payable to “The Rationale Thinking Learning Centre Pte. Ltd.”
    2. Cash in the exact amount as indicated on the invoice issued by TRT
  1. Digital payment:
    1. Scanning the QR code on the invoice issued by TRT. QR Payment supports both PayLah! and PayNow.
    2. Internet Bank Transfers to the Company’s bank account at OCBC 713008225001.

Payment of the applicable fees are considered complete only after the completion of the monetary transaction and the either of Post Payment Procedures as follows:

  1. For physical payments, a physical payment envelope has to be collected over the counter at our Centre, signed and returned to TRT. The payment will be considered complete after any Staff of TRT have received the payment envelope, verified the payment and stamped the payment envelope.
  1. For digital payments, a payment notification has to be submitted to TRT via our Student & Client Services on our website. The payment will be considered complete after any Staff of TRT verifies the payment with the submitted payment notification.

The full instructions for the Post Payment Procedure can be found on the invoice issued by TRT to the Parent(s) and/ or Student and are to be fulfilled to TRT’s satisfaction for the transaction to be considered complete.

7.6. Fees paid for the Core Tuition Programmes, Holiday Programmes or Special Programmes are strictly non-refundable. Missed lessons will be considered forfeited and no refunds will be given. Clause 7.9 shall not apply in the event that the Student does not attend the first class of the Programme(s) after the commencement of the same.

7.7. For termination of Service, the withdrawal window shall be closed:

  1. one (1) month before the last day of the Term for Core Tuition Programmes.
  1. one (1) week before the commencement of the programme for Holiday or Special Programmes.

Notice of withdrawal submitted after the closure of the withdrawal window will not be entertained. All fees paid prior will not be refunded. The Client, Parent and/ or Student is to make payment for any outstanding payments payable to TRT unless otherwise advised by TRT and/ or our Staff.

7.8. Unless otherwise advised, all applicable fees paid are strictly non-refundable and the credit therein is non-transferable 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.

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

8. Referral Rewards Programme

8.1. The TRT Referral Rewards programme is a tier based rewards system. Students of TRT (whether existing or former) will receive cash from TRT in return for successful referrals.

8.2. For the avoidance of doubt, our Referral Rewards Programme shall apply to registrations for Core Tuition Programmes only, excluding other Holiday and/ or Special Programmes. And new Student shall refer to Student(s) who has never attended any lesson with TRT or never had a Trial Lesson with TRT prior to his or her referral.

8.3. Successful referrals refer to when an existing or former Student of TRT refers a new Student to TRT, and the new Student completes his or her registration in accordance with Clause 6.3 for any of our Core Tuition Programmes.

8.4. As a tier based rewards system, the cash rewards will be adjusted according to the number of referrals a TRT Student or Parent has made:

  1. First 3 referrals (inclusive): $100 per successful refferal
  1. Fourth refferal onwards: $150/ successful refferal

Unless otherwise advised by TRT and/ or any of our Staff, the cash rewards for each successful referral shall follow above.

8.5. There shall be no limit to the number of referrals that any one Student can make.

8.6. TRT reserves the right to make any amendments to the Referral Rewards Programme, whether in part or as a whole, at any point of time without prior notice to our Client, Parents and/ or Students.

9. Intellectual Property Rights

9.1. The Client, Parents and Students acknowledge that TRT owns all rights, title and interest in and to all lessons, classes (including recordings of classes), courses, programmes and Course Materials, all of which are protected by the relevant copyright and intellectual property laws, and shall not be distributed, sold, copied, recorded, or reproduced by the Client, Parents and/ or Students by any means or for any purpose without the prior written consent of TRT. The Client, Parents and/ or Students hereby acknowledge and agree that all copies (whether physical or digital) of the Course Materials, including all additional Course Materials (whether physical or digital) provided by TRT in pursuant to Clause 3.3 above, are provided by way of loan and not a sale. TRT 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 TRT.

9.2. TRT further reserves all rights and interests over any intellectual property created or arising as a result of the work or actions of the Student in conjunction with any of TRT’s Staff and/ or other students during TRT Programmes (“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, trademark 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 TRT 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 TRT upon any terms and conditions as may be specified by TRT. TRT may, at its discretion, allow the Student’s role in the creation/ development of intellectual property rights to be acknowledged.

9.3. The Client, Parents and Student further acknowledge that it shall have no right to use any trademark owned or used by TRT without the prior written consent of TRT. Any unauthorised usage, sharing, sale, copying, recording, reproduction or disclosure of the Course Materials (or any part thereof) or TRT’s intellectual property rights, including any unauthorised use of any trademark owned or used by TRT, shall, in addition to any other rights and remedies available to TRT at law, in equity or under statute, be valid grounds for the suspension or termination of a Student.

9.4. The Client, Parents and Student consent to TRT using the Personal Data including but not limited to the Student’s name, work, photographs, academic records, audio and/ or visual recordings and other material for promotional and other purposes such as publicising TRT and its students’ accomplishments to internal and external audiences, including in print and online, whether during the course of the Student’s enrolment with TRT or thereafter. TRT may (but is not obliged to) seek permission, whether oral or in writing from either the Student and/ or Parent.

10. Personal Data Protection 

10.1. 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 TRT, and other purposes as described and in accordance with the Terms in the TRT Privacy Policy. A copy of the TRT Privacy Policy can be found online at https://therationalethinking.com/trt-privacy-policy/.

11. No Warranty

11.1. TRT does not guarantee that any Services conducted by TRT will 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 TRT and its Staff against all consequences arising from any act or omission on the part of TRT, including without limitation any act or omission in respect of TRT’s conduct of classes, allocation of students, marking of worksheets, Core Tuition Programme, Holiday Programme and Special Programme Course Materials and conduct of Staff, other students and parents.

12. Liability

12.1. In consideration of TRT and/ or our Staff providing our 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 take place on TRT’s premises or otherwise, and, to the fullest extent permitted by law, neither TRT 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 TRT’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 TRT and not attributable at all to any fault, negligence or lack of care on the part of the Client, Parents or the Student.

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

12.3. 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 TRT will be more than willing to accommodate, as far as possible, any special requests relating to the Student in respect of the same, TRT 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 TRT and/ or its Staff accept any responsibility in respect of any hurt, injuries or illness to the Student arising therefrom.

12.4. TRT is not a counselling and/ or care centre and does not provide care, custody, counselling or such similar services. TRT 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 TRT’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 TRT’s premises in a timely, safe and orderly fashion.

13. Limitation of Liability

13.1. Notwithstanding anything to the contrary in the Contract:

  1. TRT’s sole liability and the maximum extent of such liability (if at all TRT’s liability is established) to the Client, Parents and/ or Students and the Client, Parents and/ or Student’s sole remedy for damages from TRT (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 TRT 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 Tuition Programmes) or the Holiday Programme or Special Programme in respect of which such liability arose;
  2. TRT shall not 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 TRT 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.
14. Indemnity

14.1. The Client shall:

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

15.1. For the purposes of this clause, “Force Majeure” shall mean any event or act occurring beyond the reasonable control of TRT, including but not limited to any of the following events:

  1. War, invasion, rebellion, revolution, insurrection or civil war;
  2. Act of Government;
  3. Acts of God including but not limited to earthquakes, fire, lightning, storms, floods, haze or any other occurrence caused by the operation of the forces of nature;
  4. Strikes, lockouts, boycotts or labour disputes;
  5. Terrorism, sabotage or arson;
  6. Pandemics or epidemics of infectious diseases; or
  7. Any other event similar to any of the foregoing.

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

15.3. During the period of the Force Majeure event, in order to ensure its compliance with applicable laws and regulations, TRT shall be entitled to make all necessary changes and/ 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.

16. Communications

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

  1. TRT is entitled to communicate with and take instructions from the Client and all parties who indicated in the Registration Form that they are a contact person unless notice in writing to the contrary is subsequently given by the Client;
  1. TRT is entitled (but is not otherwise obliged) not to communicate or correspond with any person or party who has not indicated in the Registration Form that they are a contact person or who has not otherwise subsequently been expressly authorised in writing by the Client; and
  1. where TRT deems it necessary in the case of urgency or for the purposes of an emergency, TRT will contact and communicate with any contact person or party whose details or particulars are known to TRT.

16.2. It is the responsibility of the Client and Parents to update TRT 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 in writing to TRT whether physically or electronically. TRT will not be responsible for any miscommunication and/ or inconveniences caused as a result of inaccurate particulars provided by the Client, Parent and/ or Student to TRT.

16.3. Unless otherwise provided for to the Contract, notices which the Client, Parents and/ or Student are required to give to TRT under the Contract must be in writing, addressed to “The Rationale Thinking Learning Centre Pte Ltd” and sent to 121 Bishan Street 12, #01-89, Singapore 570121.

17. Determination

17.1. TRT 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.

18. Confidentiality

18.1. 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 TRT) and shall indemnify TRT against any breach of or default in respect of the same.

18.2. Under no circumstances shall TRT be required to disclose to the Client, Parents, Students or any other party any Personal Data, confidential information or the identities of other students, parents, Staff or third parties (unless required by regulatory or judicial authorities).

18.3. The obligations of the Client, Parents and Student with respect to Clauses 18.1 and 18.2 above shall survive the termination of these Terms and Conditions and/ or Contract (as the case may be).

19. Entire Agreement

19.1. The Contract shall constitute the entire agreement between the parties and shall supersede any other prior agreements, whether oral or in writing, between the Client and/ or the Parents and/ or the Student and TRT. The Client, Parents and/ or Student acknowledge that no representation, inducements, promises or agreements, orally or otherwise, have been made by TRT which are not embodied herein.

20. Severability

20.1. 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.

21. Governing Law and Dispute Resolution

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

21.2. 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.

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