By signing up for a Course with Speech IONIZERS Pte Ltd (henceforth known as the “Company”), you (henceforth known as the “Client”) agree to undertake and abide by the following Terms and Conditions (the “Terms and Conditions”):
In this Agreement, unless the context otherwise requires: –
a) “Coach” shall refer to the trainer assigned to the Client for the purpose of conducting the Course.
b) “Coaching” shall refer to a one to one session with the Coach.
c) “Coaching Package” shall refer to a predetermined number of Coaching Sessions purchased by the Client as a package.
d) “Course” shall refer to the applicable Coaching or Training Program offered by the Company which the Client has signed up for.
e) “Course Fees” shall refer to the fees payable by the Client and/or the Client’s agent to the Company in consideration for the Client’s participation in the Course, such fees being as advertised on the Website or as may have been separately agreed upon in writing with an authorized representative of the Company.
f) “Session Recordings” shall refer to photographs, video and/or audio recordings taken at any point of a Session.
g) “Course Materials” shall refer to any and all concepts, materials and/or information given out either orally, in writing, pictures or in the form of training exercises or any combination of the aforementioned as part of the Course(s), including but not limited to notes, worksheets, teaching aids, assignments, but shall not include electronic copies of training material including but not limited to PowerPoint files, video and/or audio clips.
h) “Force Majeure Event” shall refer to any event beyond the reasonable control of the Company, and includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
i) “Party” shall refer to either of the parties to these Terms and Conditions, viz. the Company or the Client, and “Parties” shall refer to the Company and the Client collectively.
j) “Session” shall refer to a continuous period of coaching or training within a day.
k) “Training” shall refer to a Session consisting of two or more Trainees.
l) “Trainee” shall refer to a participant in the Training.
m) “Website” shall refer to the Company’s website at http://www.spio.sg)
Unless otherwise stated, words incorporating the singular include the plural and vice versa; words importing a gender include every gender; references to “persons” includes firms, partnerships, bodies corporate or unincorporated.
2) PRICE AND PAYMENT
The Client undertakes to pay the applicable Course Fees in accordance with the following conditions:
a) For individual Coaching Sessions not purchased as part of a Coaching Package, payment is to be made within 7 days from the Session.
b) For Coaching Package, full payment is to be made in advance of the first Coaching Session or on the day of the first Coaching Session itself.
c) For Coaching Package, the Coach may postpone/terminate any future sessions required to complete the Agreement, where payment for a prior session has not yet been received. Upon receipt of payment, the Coach will reschedule the remaining sessions under this Agreement.
d) For Training Sessions, a non-refundable deposit of 20% of the Course Fees is to be made in advance at least 30 days before the first session. The remaining 80% of the Course Fees balance is to be paid within 14 days from the final Training Session.
e) Payment shall be made by way of cheque or Internet Banking. For the avoidance of doubt, no other mode of payment shall be accepted.
f) The Company reserves the right to change its Course Fees from time to time at its sole and absolute discretion. Changes to Course Fees shall not be applicable to Courses that have already been purchased by the Client as at the time of the aforementioned changes.
3) REFUND POLICY
a) After the Coaching program has begun, any unused sessions will not be refunded, but may be rescheduled for up to 12 months after the initial payment.
b) Refunds requested in writing prior to the beginning of the Coaching program will be given in full, less a $50 administrative fee.
c) All unused sessions expire 12 months after initial payment. Unused Coaching sessions may be transferable provided the new Client is ready and willing to actively participate in the Coaching program.
a) The Client is required to provide the Coach with at least 48 hours notice of session cancellation or postponement. The intended session will be rescheduled to a later agreed date. If a session is missed due to the Coach canceling or postponing the session, it will be rescheduled to a later date to be mutually agreed upon between the Parties. The Coach will endeavour to provide the same notice period as requested of the Client.
5) WRITTEN COMMUNICATION
a) The Client acknowledges and accepts that communications with the Company will be primarily through e-mail or via announcements, notices and/or information posted on the Website. The Client agrees to this electronic means of communication and acknowledges that all contracts, notices, information and other communications provided by the Company electronically complies with any legal requirement that such communications be in writing.
b) Any notice given by the Client to the Company shall be delivered to the following address:
Speech IONIZERS Pte Ltd
51A Pasir Panjang Hill
The Company may give notice to the Client via the e-mail or postal address provided by the Client provided when purchasing the Course. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it shall be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
6) INTELLECTUAL PROPERTY RIGHTS
a) All Course Materials form the sole and exclusive property of the Company, and are protected by applicable copyright and trademark laws.
b) The Client agrees and undertakes not to reproduce, copy or otherwise duplicate the Course Materials or any part thereof without first obtaining the written consent of the Company. The Client understands and acknowledges that the Materials are intended solely for use in this program and for no other purpose.
c) The Client agrees not to resell, modify, repackage or rename the Course Materials, or any part thereof. The Client also agrees not to deliver the Course Materials, or any part thereof, or any material derived from the foregoing to any other party for any purpose whatsoever, without the prior written consent of the Company.
d) Use of the Company’s logo is strictly prohibited without the Company’s prior written consent.
e) Audio and visual recordings of the Courses is strictly prohibited without the Company’s prior written consent.
f) Clients and Trainees are not permitted to sell or promote products or services at Speech IONIZERS’ Courses, premises and events without prior written permission.
a) Save as required by law or in respect of information which is already in the public domain through no breach by you of the provisions of this clause __, the Client shall keep in strict confidence all technical and commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Client by the Company (or the Company’s employees, agents, consultants or sub-contractors) and any other confidential information concerning the Company’s business or the Course or Course Materials which the Client may obtain.
b) The Client shall not use any such information for any purpose other than to attend, participate and, where capable, complete the Course.
8) PRIVACY AND DATA PROTECTION
a) The Client agrees that the Company may use the Client’s personal data in accordance with and subject to the Data Protection Act 2012.
b) The Client acknowledges and agrees that the Company may make Session Recordings at any point during the Course. Such Session Recordings may be used for record and audit purposes, as well as to give feedback to the Client as part of the Course. The Client may agree to the use of Session Recordings for other purposes via the form in Annex A of these Terms and Conditions.
c) The Company may send the Client information from time to time regarding new courses, services and opportunities. The Client may opt not to receive such information at any time by informing the Company via email at email@example.com.
9) TERMS AND TERMINATION
These Terms and Conditions shall apply to the Parties upon receipt of deposit, transmission of any Course Material, or commencement of the Course, whichever is earlier, and shall be in force for the entire duration of the Course unless earlier terminated, extended or otherwise specified in these Terms and Conditions.
The Company reserves the right to terminate the Contract immediately without liability and with no refund of the Course fees if:
a) The Client fails to perform or observe any of the terms of this Agreement and fails to remedy a breach within 5 calendar days of written notice provided by Speech IONIZERS Pte Ltd concerning the failure;
b) The Client fails to perform any term of this Agreement which is incapable of remedy;
c) An insolvency event occurs in relation to the Client (e.g. bankruptcy, arrangement or court order is made or proposed in relation to all or any of the Client’s assets);
d) The Client fails to pay within the time proposed in Clause 2 above and fails to pay within 5 calendar days of the reminder notice date;
e) Any cheque endorsed by the Client for the purposes of this Agreement is dishonored and the Client fails to honour the cheque within 5 calendar days of notice; or
f) In the Company’s opinion, the Client causes disruption during any Course or takes any action which brings the Company (or any of the Company’s employees, agents, consultants or sub-contractors) into disrepute or adversely affects the Company’s goodwill or reputation.
9) PUBLICITY & MARKETING
a) The Client authorizes the Company to utilize the Client’s logo and associated trademarks solely for the purpose of marketing the Company and its services.
10) EVENTS OUTSIDE OUR CONTROL/FORCE MAJEURE
a) The Client acknowledges and agrees that the Company will not be liable or responsible for any delay in performance or the necessary modification of any of the Company’s obligations under these Terms and Conditions that is caused by a Force Majeure Event. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
b) In the event that the Contract needs to be terminated due to a Force Majeure Event, the Company shall be entitled to retain monies for the obligations already carried out, and shall refund the balance to the Client.
11) INDEMNITY/LIMITATION of LIABILITY
a) The Company does not warrant or guarantee that by attending and/or completing the Course, the Client will experience success in any business or activity that the Client may carry on following our Course.
b) The Company is not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits, contracts or potential contracts or loss of anticipated savings.
c) The Company is not liable for additional costs due to changes in courses, content, venues or Coaches. Every effort will be made to provide reasonable notice where possible.
d) IN NO EVENT SHALL THE COMPANY BE LIABLE TO CLIENT FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR TRAINING; LOST PROFITS; LOST SALES; BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL; OR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, SHALL IN NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY CLIENT FOR THE PORTION OF THE COACHING UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
a) Any failure by the Company to insist upon strict performance of any of the Client’s obligations or to exercise any of the rights or remedies to which the Company is entitled under these Terms and Conditions shall not constitute or be construed to constitute a waiver of such rights or remedies and shall not relieve the Client from compliance with such obligations.
b) A waiver by the Company of any default by the Client shall not be construed as a waiver of any and all subsequent defaults by the Client.
c) No waiver by the Company of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to the Client in writing in accordance with Clause 5 above.
a) If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14) ENTIRE AGREEMENT
a) These Terms and Conditions and any document expressly referred to in them represent the entire agreement between the Parties in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between the Parties, whether oral or in writing.
b) The Client acknowledges that, in choosing to purchase and participate in the Course, the Client has not relied on any representation, undertaking or promise given by the Company, and no term or provision is to be implied from anything said or written in negotiations between the Parties except as expressly stated in these Terms and Conditions.
c) The Parties shall not have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the commencement of the Course (unless such untrue statement was made fraudulently) and the other Party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
d) The Client shall not transfer his rights under these Terms and Conditions to any third party without the prior written approval of the Company.
ANNEX A: PHOTOGRAPH/MEDIA CONSENT & RELEASE
I hereby consent and authorize Speech IONIZERS Pte. Ltd. (the “Company”) to make unrestricted use of the photographs, video and/or audio recordings taken in the course of the Course (the “Session Recordings”) for marketing and/or promotional purposes by the Company in print and electronic mediums including but not limited to publications, displays, websites, social media, advertisements, recruitment and publicity/promotions/campaigns, without notifying me.
I voluntarily waive any right to inspect/approve the finished photographs/likenesses, writings or electronic matter that may be used in conjunction with them now or in the future, as long as the use is broadly for marketing and/or promotional purposes.
I also waive any right to royalties or any other compensation arising from or related to the use of the Session Recordings.
I hereby covenant not to sue the Company, its trustees, employees, officers or agents including any firm publishing and/or distributing the finished product in whole or in part, whether on paper or via electronic media, from and against any claims, damages or liability arising from or related to the use of the photographs, including but not limited to any misuse, distortion, blurring, alteration, optical illusion or use in composite form, either intentionally or otherwise, that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution.