Maggie & Rose Play & Learn Drop Off Programme TERMS AND CONDITIONS
- Definitions in these Terms and Conditions:
“Application Form” means the form provided to you to complete when applying for a place for the Child at the Centre.
“Child” is the child named on the Application Form.
“Deposit” means the sum to be paid upfront and retained as a deposit as referred to in the Application Form. “Fees” means the applicable termly charge set by the Centre from time to time and notified to parents.
“Manager” is responsible for the day-to-day running of the Centre and includes those to whom any duties of the Manager have been delegated.
“Centre”/”We”/”Us” means Maggie & Kids Pte Ltd (UEN 201829124Z), a company incorporated in Singapore with its registered office situated at 6B Orange Grove Road Singapore 258332.
“Parents”/”you” means each person with parental responsibility for the Child (each of whom has signed the Application Form), who shall be legally responsible, individually and jointly, for complying with your obligations under these Terms.
“Programme” means the Maggie & Rose Play & Learn Drop Off Programme.
“Programme Premises” means the premises at which the Programme or any activities comprised in the Programme, are conducted, at any time and from time to time.
“Registration Fee” means such fees payable for the registration of the Child at the time of registration.
“Terms” means these terms and conditions, as the same may be amended at any time and from time to time.
- Acceptance and Registration Fee
2.1 Offer and Acceptance. An offer of a place in the Programme is deemed to be accepted when a completed Application Form, together with the non-refundable Deposit and/or Registration Fee, have been received by the Centre and the Centre has confirmed the Child’s place. The Application Form and these Terms collectively form the terms of a contract between you and the Centre.
2.2 Withdrawal. If you wish to withdraw your Child after submitting your Application Form and paying the Deposit and/or Registration Fee, but before the Child starts in the Programme, you must give at least 3 months’ prior written notice to such effect before the first day on which the Child is due to start in the Programme. If such notice is received by the Centre by such time then, subject to clauses 2.3 & 2.4, no further Fees will be payable. If such notice is not received by such time, an amount equivalent to the Fees applicable for the month immediately preceding the month when the Child was due to start shall be payable and become due and owing to the Centre as a debt.
2.3 Processing of Registration Fee To reserve a place in the Programme we require payment of a non-refundable Registration Fee. The Registration Fee is only processed by us after the Child’s place has been confirmed but is otherwise non-refundable.
2.4 Deposit. In addition to payment of the Registration Fee, you may be asked to pay a Deposit to secure your Child’s place in the Programme. Any Deposit paid is not refundable in any circumstances but will be credited against the final term’s Fees prior to removal of the Child or termination of such contract for any reason.
- Payment of Fees
3.1 Payment. The Parents undertake to pay the Fees applicable for each term (comprising 9 calendar weeks for each term). The first term’s Fees must be paid by the date stipulated in the offer letter issued by the Centre to a Child enclosing the Application Form together with a copy of these Terms. Each subsequent invoice must be paid in full 4 weeks before each term’s commencement date to which they relate.
3.2 Responsibility for Payment. Each person who has signed the Application Form is and remains liable for the whole of the Fees due (and any supplemental charges), unless the Centre has expressly agreed otherwise in writing. The Centre reserves the right to refuse a payment of Fees from anyone who is not responsible for that payment; in any event acceptance of such a payment does not release any other person from responsibility in respect of any future payments.
3.3 Refund/Waiver. Any waiver of these Terms must be in writing by the Centre. Fees will not be refunded or waived for absence through sickness or any other reason. No compensation will be paid or refund given if the Programme has to be suspended or the Programme Premises have to be closed due to any circumstance beyond the control of the Centre.
3.4 Unpaid Fees. We reserve the right to refuse to allow the Child to attend or participate in the Programme while any Fees are unpaid.
3.5 Exclusion for Non-Payment. A Child may be excluded from the Programme at any time in circumstances where Fees are unpaid and if such Fees remain unpaid 28 days after the date of such exclusion, the Child will be deemed withdrawn.
- Withdrawal: Notice Requirements
4.1 Any notice withdrawing the Child from the Programme must be in writing and addressed to the Manager. No other notice will suffice. Notices must be hand delivered or sent by special or guaranteed delivery post (requiring a signature upon receipt as proof of delivery) to the Centre address.
4.2 The Centre’s affairs are organized on a monthly basis and it is not possible for you to reduce the amount of Fees by withdrawing the Child from the Programme part-way through a Term. If you wish to withdraw the Child from the Programme (other than on a scheduled departure date), you shall either give 3 Months’ prior written notice to that effect or shall pay to the Centre 3 Months’ Fees in lieu of notice, at such rate as would have been charged for the final month of provision if 3 Months’ prior written notice had been given. The charge of 3 Months Fees in lieu of notice represents a genuine pre-estimate of the Centre’s loss in these circumstances and is necessary to promote stability and the Centre’s ability to plan its staffing and other resources.
- Care and Welfare
5.1 Welfare of the Child. We will do all that is reasonable to safeguard and promote the Child’s welfare to the highest standard of care.
5.2 Physical Contact. Parents consent to physical contact which accords with good practice and is appropriate and proper for teaching and instruction, providing comfort to a Child in distress, to maintain safety and good order and/or in connection with the Child’s care, health and welfare.
5.3 Concerns/Complaints. If you have any concerns as to a matter of safety, care, discipline or progress of the Child, you should inform the Centre without delay. Any complaints should be made in accordance with the Centre’s Complaints Policy which can be supplied on request. Complaints will be handled in accordance with such policy.
5.4 Disclosures. You must, as soon as possible, tell the Centre in confidence any known medical condition, health problem or allergy affecting the Child, or any family circumstances or court order which might affect the Child’s welfare or happiness or that relates to the Child’s care and education and/or upbringing or the payment of Fees, or otherwise any concerns about the Child’s safety.
5.5 Special Precautions. The Manager must be notified in writing immediately of any court orders or situations of risk in relation to the Child for which any special precautions may be needed.
5.6 Collection. The Centre must be notified if someone other than a Parent or regular caregiver is collecting the Child. The Child shall not be allowed to leave the Programme Premises with anyone who has not been given prior permission to do so. We also reserve the right to refuse admittance to anyone of whom we have not been given prior written notification by a Parent.
5.7 Liability. The Centre does not accept liability for accidental injury or other loss caused to the Child or Parents or for loss or damage to property unless the injury loss or damage is due to the negligence of the Centre (including its employees).
- Health and Medical Matters
6.1 It is a condition of the Child joining the Centre that Parents complete and submit a Medical Form. You agree to inform the Centre of any health or medical condition, learning difficulty, disability or allergy which the Child has or at any time develops, whether long or short term and including any infections.
6.2 Sickness Policy. The Child must not be brought to Programme Premises if unwell and the Centre reserves the right to send the Child home if they become unwell whilst under the Centre’s care. When required by the Centre, you shall make all necessary arrangements to collect the Child in order to take them home. Any Child who has been sent home from the Programme because of ill health will not be re-admitted for at least 24 hours unless otherwise agreed beforehand. If a Child is prescribed antibiotics, they will not be allowed to return to the Programme for 48 hours after such prescription is made.
6.3 Medicine. The Centre cannot administer any medicine to the Child unless prescribed by a doctor. The Centre will maintain a Medical Register which must be signed by the Parents before any medicine can be given.
6.4 Medical Information. Throughout the Child’s time in the Programme, the Manager shall have the right to disclose confidential information about the Child if considered to be in the Child’s own interests or necessary for the protection of other members of the Centre community. Such information will be given and received on a confidential basis.
6.5 Emergency Medical Treatment. The Parents authorise the Manager to consent on behalf of the Parents to the Child receiving emergency medical treatment within Singapore, including general anaesthetic and operations (whether at public or private hospitals), where certified by an appropriately qualified person necessary for the Child’s welfare and if the Parents cannot be contacted in time.
- Cancellation or Removal
7.1 Leaving the Programme. We require Parents to provide us with 3 months’ notice to terminate their place in the Programme.
7.2 The Centre reserves the right to bring the contract with you to an end at any time upon the expiry of a month’s notice. The Centre may otherwise bring the contract with you to an end at any time upon written notice (and without any obligation to return any or Fees paid by you) if you are in breach of any of your obligations under these Terms and have not (in the case of a breach which is capable of remedy) remedied that breach within 14 days of a notice from the Centre requiring it to be remedied.
7.3 Removal. Parents may be required to remove the Child temporarily or permanently if, because of the conduct of a Parent or the Child, it appears to the Head that the continued presence of the Child is incompatible with the interests of the Centre, the Programme, or of other children participating in the Programme. There would be no refund of Fees in these circumstances. The Centre will act with procedural fairness in all such cases, and shall have regard to the interests of the Child, the Parents, the Programme and the Centre.
- Limitation of Liability
8.1 It is expressly understood that the Centre 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 Programme Premises. The Member shall fully and completely indemnify the Centre 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 Programme Premises, whether by the Child or other children and members of staff, 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 you have consented to, or have knowledge of, such External F&B being brought onto the Programme Premises; and (b) whether such External F&B was brought onto the Programme Premises by the Member or a third party.
8.2 To the maximum extent allowable by law, the Centre shall not, in the performance of its obligations hereunder, be liable for any act or omission (whether tortious or otherwise) or any of its 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 Centre. To the maximum extent allowable by law, any liability hereunder shall be limited to the total of all Fees paid by the Child to the Centre in respect of the past 12 months.
- General Conditions
9.1 Insurances. The Centre undertakes to maintain those insurances which are prescribed by law. All other insurances are the responsibility of Parents.
9.2 Change. From time to time it may be necessary to make changes to these Terms which form part of the contract between you and the Centre or certain aspects of the Centre such as changes to facilities, premises, staff, size and composition of classes, content, curriculum, concept or branding, regulations and policies. Whenever practicable, the Centre will use reasonable endeavours to keep Parents advised and where possible, given at least a month’s prior written notice of a change: (i) to the Terms and Conditions; (ii) of policy; (iii) in any physical aspect of the Centre or the Programme Premises or content, curriculum, concept or branding of the Centre and the Programme, which would have a significant effect on the Child’s education or care; or (iv) of ownership. If any change is unacceptable to you, your sole recourse is to withdraw your Child in accordance with 9esqthe terms of this contract.
9.3 Assignment. We reserve the right to transfer the undertakings of the Centre including but not limited to any deposits paid by you to any other third party, and to assign the benefit of the contract created by these Terms and Conditions in connection with any such transfer. By entering into this contract, you consent to (a) the transfer of any deposits paid by you to the Centre; and (b) to the sharing of your and your Child’s personal information with third parties, in connection with any such transfer. You are not entitled to assign your rights under these Terms and Conditions.
9.4 Representations. Although believed correct at the time of publication, the Centre’s prospectus and website are not part of the contract between the Parents and the Centre.
9.5 Third Party Rights. Only the Centre and the Parents are parties to this contract. The acts and omissions of Parents are binding on the Child and vice versa as to any matter of behaviour, discipline and Fees. All requests and authorities by the Parents are treated is being made on behalf of the Child and vice versa.
9.6 Interpretation. These Terms supersede those previously in force and will be construed as a whole and headings, unless required to make sense of the immediate context, are for ease of reading only and are not otherwise part of the Terms. Examples given in these Terms are by way of illustration only and are not exhaustive.
9.7 Jurisdiction. These Terms are governed by and constructed in all respects exclusively by the law of Singapore and the parties submit to the exclusive jurisdiction of the courts of Singapore.
9.8 Severability. 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. 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.
9.9 Data Protection. The Centre will process information about Parents and Children in order to safeguard and promote the welfare of Children, to operate the Centre and the Programme effectively and to ensure that the Centre’s legal obligations are complied with. We will keep different kinds of information about Parents and Children: for example their personal details (address, gender, and age, for example); financial information relating to the payment of Fees; and details of any medical conditions identified in a Child’s Medical Form, so that we will be able to respond appropriately in the event of an emergency. The Centre may share information with certain third parties where it is deemed necessary to do so in the Manager’s professional opinion. In light of the above, the Centre will process personal data about you and the Child in accordance with the Personal Data Protection Act of Singapore.