1. Information about us

1.1 We are Maggie & Kids Pte Ltd (UEN 201829124Z), a company registered in Singapore with our registered office situated at 6B Orange Grove Road, Singapore 258332 (the Company).

1.2 We currently operate a members club for parents/guardians”, which is part of a network of clubs worldwide, and which provides a friendly environment for paying members (Members) and their children to visit and enjoy. Access to such club network and use of services by Members (Membership) are governed by these terms of use (Terms).

1.3 Our club is operated under the “Maggie & Rose” brand and you can find out more about “Maggie & Rose” at www.maggieandrose.com.sg.

2. Our contract

2.1 These Terms (together with the documents referred to herein) set out the Membership terms of use between Members and the Company (the Terms). Please read these Terms carefully before signing up to become a Member. By signing our Application Form, you indicate that you accept these Terms (and our Privacy Statement) and agree to be bound by them.

2.2 Membership is conditional upon and subject to each Member agreeing to these Terms.

3. Application process

3.1 Members are required to complete an application form when signing up to become a Member. Membership will cover the person signing up and any other parents/guardians of their children, as notified to the Company during the application process.

3.2 All details in the application (including name, address and email) must be accurate and kept up-to-date. If any of these details change, the Member must inform the Company at their earliest convenience.

3.3 The Company will contact Members via email using the email address set out in the application form submitted to the Company from time-to-time.

3.4 Members must also provide information in relation to their family (children and parents/guardians who will have access under the Membership). All information about Members and their children will only be used in accordance with our Privacy Policy.

3.5 Membership will not be deemed to be accepted until approved by the Member Relations Manager. Members will not be permitted to use the Club or other facilities until their Membership has been officially accepted.

4. Use of our club

4.1 Membership entitles a Member to access to one or all (depending on the Membership) of our clubs internationally (each, a Club).

4.2 Access to the Clubs is restricted to the opening times of each Club as determined (and varied from time-to-time) by the Company.

4.3 Each Member will be entitled to bring their children to the relevant Club(s) in accordance with their Membership. Members may also bring adult guests to the relevant Club(s) free of charge. Members may also bring child guests to the relevant Club(s) but such guests will be subject to an additional fee. Neither guests nor children of Members will be permitted to our Clubs without a Member. We reserve the right, at our sole discretion, to refuse a guest entry to our Clubs.

4.4 At all times when accessing a Club, all Members must:

4.4.1 present their Membership card to access the Club, or provide alternative identification to prove valid Membership;

4.4.2 comply with any Company policies in place (such as health and safety policies);

4.4.3 comply with any instructions of the Manager of the Club;

4.4.4 behave in a manner appropriate to the ‘child-friendly’ nature of our Clubs, and abide by our Club Code of Conduct;

4.4.5 not use any offensive or abusive language;

4.4.6 treat employees and authorised representatives of the Company with respect;

4.4.7 respect the privacy of all other Members and must not harass other Members, guests, children or staff;

4.4.8 not take photographs of any other Member or any other Members’ guests or children;

4.4.9 not use the Clubs as business premises;

4.4.10 not bring any animals to the Clubs (except assistance dogs and those permitted by law);

4.4.11 not remove any items (for example, books, toys, magazines) from the Clubs;

4.4.12 not bring food or drink to the Clubs for consumption except for food or drink for babies under 12 months old;

4.4.13 not smoke anywhere in the Club;

4.4.14 settle their bills before leaving the Club (either by confirming to go on account or payment at the time);

4.4.15 not use mobile phones, laptops or tablets whilst in a class/activity; and

4.4.16 comply with all applicable laws and regulations.

4.5 Members acknowledge and accept that from time-to-time the Company may have to close the Club(s) (or certain areas of the Club(s)). The Company will endeavour to provide Members with as much notice of any such closures as possible. The Company are not obliged to compensate Members for any closures.

5. Activities

5.1 The Company may organise various classes and activities (Activities) at our Clubs for Members and their children.

5.2 Please note that Activities:

5.2.1 may require additional payment;

5.2.2 may be restricted to certain Members only. The Company may have the right to refuse or accept a child for any Activity if the Company is of the view that the Activity is not suitable for the child or if the staff of the Company are not equipped to handle the child for the specific Activity;

5.2.3 may be cancelled by giving 24 hours notice due to lack of demand or otherwise. The giving of less than 24 hours notice is permitted in case of emergency; and

5.2.4 are subject to availability. Information about the price and availability of Activities will be made available when the Activity is posted.

5.3 All Activities must be booked at least 24-hours in advance unless otherwise stated.

5.4 Members must make every effort to attend booked Activities. If for any reason a Member is unable to attend an Activity they must notify the relevant person as soon as possible, and in any event not less than 24 hours before the Activity. Refunds will be paid at the discretion of the Company and only where sufficient notice of cancellation is provided. If sufficient notice is provided. The Company will use its reasonable endeavours to allocate the Member a similar Activity.

5.5 Persistent cancellation of Activities by a Member may result in the cancellation of a Member’s Membership.

5.6 Activities may take place outside the premises of the Club. The Company will notify Members of this in advance. Where Activities are off-site, the Company will take all reasonable precautions to ensure the safety of children, but Members acknowledge that they have assumed the risk for any loss or injury that may occur to Members or their children during these Activities.

5.7 Members must alert the Company to any allergy, illness, special needs or any specific requirement relating to the care of their children and their guests and invitees, and Members must provide written instructions to the Company as to the reasonable needs of such persons and how that care is to be provided. The Company exclude all liability as permitted by law in respect of any consequences resulting from the failure of the Member to provide such written instructions. The Company shall have the right to take the temperature of any and all children and to refuse admittance to any Activity if a child is unwell.

5.8 The Company shall have the right to remove any child from an Activity if the Child is disruptive.

5.9 Members must ensure that the Company are able to contact the Member at any time during an Activity.

6. Tutors

6.1 The Company may (from time-to-time) hire certain persons to run events or Activities (Tutors).

6.2 The Company will endeavour to ensure the suitability of any Tutor supplied to Members and will only supply Tutors who have been selected through interview and have provided adequate references.

6.3 Members must respect the privacy of Tutors at all times and not attempt to contact Tutors outside of the relevant Company events or Activities, or attempt to solicit the employment of any Tutors.

6.4 Whilst every effort is made by the Company to give satisfaction to Members by requiring reasonable standards of skills, integrity and reliability from Tutors, the Company is not liable for any loss, expense, damage or delay arising from any failure to provide any Tutor for all or part of any Activity or from any accidents or damage to property or lack of skill of the Tutor. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence.

6.5 If a Member would like to secure the employment of a person already employed by the Company, the employee must first submit the request to the Company prior to being engaged. An employee will not be permitted to undertake employment to a Member without the prior consent of the Company, which will not be unreasonably withheld. If an employee is engaged in employment with a Member, they must notify the Company in writing of hours worked elsewhere. Employees will not be permitted to engage in any business, or employment which is similar to or competitive with the business of the Company, or which could be considered to impair their ability to act at all times in the best interests of the Company.

7. Payment for membership

7.1 Annual fees for Memberships (Membership Fees) may be payable in monthly instalments (Instalments) or in a single annual payment (Single Payment).

7.2 Memberships paid in monthly Instalments will automatically renew after the initial 12 month period has elapsed, and will continue to roll on a month-to-month basis unless written notice is provided to the Company at info@maggieandrose.com.sg in accordance with the cancellation terms in paragraph 8 below. Instalments will be paid each month, in advance. Instalments are subject to change in accordance with paragraph 7.8 below.

7.2 Where a Single Payment was made for Membership Fees, , the Company will contact the Member prior to the expiry of the 12 month Membership period to ask if the Member wishes to renew the Membership. Further Single Payments must be made prior to each annual renewal of the Membership. All Single Payments are subject to change in accordance with paragraph 7.7 below.

7.3 Membership will not be deemed to be accepted until either the Single Payment or the first Instalment is received by the Company. Membership will also not be deemed to be accepted until a valid direct debit is in place.

7.4 The first payment of the Membership Fees (whether a Single Payment or an Instalment) will be made at the time of application to the Company together with a signed application form and confirmation of a valid direct debit. Where an Instalment is paid, future Instalments must be paid on a monthly basis by direct debit with each payment being made on the first day of each month during the Membership.

7.5 In the event that Members have paid the Company a deposit (Deposit), this will be refunded following the expiry of the Membership and the generating of the final invoice, provided all terms and conditions have been met and there are no outstanding amounts on the account.

7.6 All Membership Fees are non-refundable. the Company reserves the right in its absolute discretion to refuse any application for Membership. For the avoidance of doubt, the Company will be under no obligation to continue to provide Membership services or benefits to Members if applicable Membership Fees are not paid in full when they fall due, and the Member acknowledges and agrees that access to Club and other Activities may be denied. Furthermore, if a Member cancels their direct debit or such direct debit becomes inactive, the Company will be under no obligation to continue to provide Membership services or benefits, and the Member acknowledges and agrees that access to Club and other Activities may be denied.

7.7 Please note that the Membership Fees may change from time-to-time. the Company will use its best endeavours to notify Members of any such change no less than 30 days in advance of any such change taking effect. Upon receipt of notification of a change in Membership Fees (and notwithstanding paragraphs 8.1 and 8.2 below) the Member may promptly (and in any event no less than 14 days following such notification) submit a request in writing to the Company to terminate their Membership with immediate effect.

7.8 Members who pay for their Membership Fees in Instalments may upgrade or downgrade their Membership:

7.8.1 Upgrades will commence at the start of the calendar month following receipt, by the Company, of payment for the upgrade. Upgrades will not affect the term of the Membership. Upgrades may be requested at any time after the commencement of the Membership.

7.8.2 Downgrades may be applied for after the initial 12 month Membership term has elapsed. If accepted, downgrades will commence at the start of the calendar month following receipt of payment by the Company for the downgraded Membership.

8. Cancellation

8.1 If Members have paid Membership Fees by a Single Payment they can cancel their Membership by providing the Company with 30 days’ notice before the end of the then-current year to which the Single Payment relates. The Membership will expire at the end of such year. Notice must be in writing, emailed to info@maggieandrose.com.sg

8.2 If Members have paid for Membership Fees by Instalments, they can cancel their Membership by providing the Company with not less than 3 months’ notice anytime after the end of the first 9-months of their Membership (thereby completing the minimum membership term of 12-months). Memberships must end on the last day of any month after the 3 months have elapsed. Notice must be in writing, emailed to info@maggieandrose.com.sg.

8.3 If a Member does not complete the minimum 12 month term (except if approved by the Member Relations Manager), or if a Member leaves the Club with amounts still outstanding, the Company may retain any Deposit amounts held for the Member.

8.4 The Company have right to terminate a Membership immediately in the event of a breach by a Member of these Terms, including failure to make any fee payment for any reason.

8.5 Members with annual Memberships may request to ‘freeze’ their Membership for a period of 1 month. ‘Freezing’ periods will commence on the first day of the applicable month. Members will be charged a reduced monthly fee during any agreed ‘frozen’ period. At the end of the ‘frozen’ period, Memberships will re-commence and the ‘frozen’ months will not count towards the length of the Membership period. The Company will have sole discretion whether or not to grant a Member’s request to ‘freeze’ their Membership. Members will only be permitted to freeze their Membership once within any 12 months.

9. Other payments

9.1 The Company may offer Members the opportunity to purchase certain items at the Premises. Payment for these items can be made at the time of purchase.

10. Wifi

10.1 The Company may offer free wifi in its Clubs for use by Members, their children and their guests and invitees. Use of the wifi is restricted to ‘child-friendly’ activities and any illegal activity online (such as piracy) is strictly prohibited.

11. Conditions and restrictions

11.1 Membership is subject to availability.

11.2 Members will be solely responsible at all times in the Club for themselves, their guests and their children and their respective belongings.

11.3 Members must ensure that at all times, their children and their guests and invitees will comply with these Terms. Members will be solely responsible for any breach of these terms by themselves, their children or their guests and invitees.

11.4 Members must not leave their children out of their supervision at the Club, except where children are enrolled on or are officially attending pre—arranged drop—in Activities, in which case the Member must collect the child immediately upon completion of the Activity.

11.5 The Company is not responsible for any accidents, injuries or theft suffered by Members, their guests or children whilst at the Club.

11.6 Given the nature of the Club, it is important to ensure a healthy environment. As such, Members (their guests and/or children) will not attend, or may be refused entry to, the Club in the event of illness. Should a child become ill whilst at the Club, Members will remove the child from the Club as soon as possible. If Members or guests become ill whilst at the Club, they will leave as soon as possible.

11.7 Members agree that by signing these Terms they acknowledge that the facilities provided by the Company are safe and suitable for their children and Members acknowledge that by attending the Club and/or any Activities, children may suffer bodily injury or other loss or damage. Members further acknowledge that Members have voluntarily assumed the risk of such losses and to the extent permitted by law, waive any claims against the Company for such losses.

11.8 Members will be required, as a condition of the provision of Activities, to sign all required forms, including such releases as will be required by the Company’s insurance policies.

11.9 Each Member warrants that the Member is authorised to give legal consent for the Member’s children as the parent or the person in loco parentis of the children.

11.10 The Member agrees not to permit the consumption of alcoholic beverages or any other prohibited substances at the Club in contravention of the law, and agrees to cooperate fully with the Company to enforce this rule.

12. Complaints

12.1 If any Member has any complaint for any reason, please do not hesitate to contact us at info@maggieandrose.com.sg.

13. Liability

13.1 The Member is responsible for all damage caused by accidental, negligent or wrongful acts by the Member, the Member’s children or the Member’s guests and invitees. The Member agrees to replace, at its own expense, or to reimburse the Company for, all losses, breakage or damage caused by accidental, negligent or wrongful acts by the Member, the Member’s children or the Member’s guests and invitees.

13.2 Each Member shall indemnify and keep indemnified the Company against any costs, claims or liabilities incurred by the Company as a result of any breach of these Terms by the Member.
13.3 Each Members shall indemnify and keep indemnified the Company in respect of all claims by any person whatsoever for injury to person or property caused by or in connection with or arising out of any accidental, negligent or wrongful acts by the Member, the Member’s children or the Member’s guests and invitees.

13.4 It is expressly understood that the Company shall not be responsible for any liabilities, claims, damages, costs or expenses (including without limitation product liability claims) arising in connection with the delivery, condition and consumption of any food or beverages (“External F&B”) brought onto the Club’s premises. The Member shall fully and completely indemnify the Company in respect of all claims by any person whatsoever for injury to person or property caused by or in connection with or arising out of the delivery, condition and consumption of any External F&B brought onto the Club’s premises, whether by the Member, the Member’s children or the Member’s guests and invitees, and in respect of all costs and charges in connection therewith whether arising under statute or common law. Such indemnity shall be applicable regardless of (a) whether the Company and the Member have each consented to, or have knowledge of, such External F&B being brought onto the Club’s premises; and (b) whether such External F&B was brought onto the Club’s premises by the Member or a third party.
13.5 To the maximum extent allowable by law, the Company shall not, in the performance of its obligations hereunder, be liable to the Member for any act or omission (whether tortious or otherwise) or any of the Company’s employees, agents or representatives, except to the extent such liabilities, obligations, claims, costs and expenses arise out of or are caused by the wilful misconduct, gross negligence or bad faith on the part of the Company. To the maximum extent allowable by law, any liability of the Company hereunder shall be limited to the total of all amounts paid by the Member to the Company in respect of the Membership and the use of the Club (excluding any damages paid by the Member pursuant to paragraphs 13.1, 13.3 and 13.4).

13.6 The Company does not in any way limit our liability:

13.6.1 for death or personal injury caused by our negligence;

13.6.2 for fraud or fraudulent misrepresentation; or

13.6.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

13.7 The Member agrees to pay all reasonable costs, attorney’s fees and expenses that shall be made or incurred by the Company in enforcing these Terms.

14. Indemnity

14.1 Members agree to indemnify the Company, our affiliates and our respective directors, officers, employees and agents, as well as our licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:

14.1.1 any misrepresentation, act or omission made by a Member in connection with their Membership;

14.1.2 any non-compliance by Members with these Terms; or

14.1.3 claims brought by third parties arising from or related to a Member’s Membership.

For these purposes, “affiliates” means any entity which is controlled by the Company, which the Company controls or is under common control with the Company, and includes related companies and associate companies of the Company.

15. Intellectual property

15.1 Members may not use the “Maggie & Rose” or “Maggie & Kids” name, logo or brand without the Company’s express written consent.

16. Publicity

16.1 Members agree that the Company may use images about Members, their children and their guests and invitees in promotional material. The Company reserves the right to take photographs of Members, their children and their guests and invitees whilst at the Club.

17. Change

From time to time it may be necessary to make changes to these Terms which form part of the contract between the Member and the Company or certain aspects of the Club such as changes to facilities, premises, staff, size and composition of classes, content, curriculum, concept or branding, regulations and policies. Whenever practicable, the Company will use reasonable endeavours to keep Members advised and where possible, given at least a month’s prior written notice of a change: (i) to these Terms; (ii) of policy; (iii) in any physical aspect of the Club or content, curriculum, concept or branding of the Club; or (iv) of ownership. If any change is unacceptable to the Member, the Member’s sole recourse is to cancel the Membership in accordance with these Terms.

18. Assignment.

The Company reserves the right to transfer the undertakings of the Club including but not limited to any deposits paid by the Member to any other third party, and to assign the benefit of the contract created by these Terms in connection with any such transfer. By entering into this contract, the Member consents to (a) the transfer of any deposits paid by the Member to the Club; and (b) to the sharing of personal information of the Member with third parties, in connection with any such transfer. The Member shall not be entitled to assign the Member’s rights under these Terms.

19. General

19.1 If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.

19.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.

19.3 These Terms are made for the benefit of the parties to them and their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.

19.4 These Terms are governed by the law of Singapore and are subject to the exclusive jurisdiction of the courts of Singapore.

20. Contact us

20.1 If a Member has any concerns about the Company or these Terms please contact us at info@maggieandrose.com.sg