Here’s guide of our policy on our service engagement
TUITION AGREEMENT
This Tuition Agreement (hereinafter referred to as “the Agreement”) is made between IGS English Sdn Bhd (Company No: 1353730-K), IGS Jaya Sdn Bhd (Company No: 1523428-A), Topnotch Global English & Mavenrichment PLT (hereinafter referred to as “the Company”) and any person (hereinafter referred to as “the Applicant”) who completes the registration process to open and maintain an online account with the Company. The Company and the Applicant shall be collectively known as “the parties”. BY CLICKING THE ACCEPTANCE BUTTON, THE APPLICANT EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF THE APPLICANT DOES NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND THE COMPANY WILL PROMPTLY CANCEL THIS TRANSACTION AND THE APPLICANT MAY NOT ACCESS ANY OF THE SERVICES OFFERED BY THE COMPANY. The Company reserves the right to make changes to these Terms and Conditions without prior notice to the Applicant.
PREAMBLE
1. The Company offers various programmes and/or packages relating to the teaching of the English language for both national and international school students from the ages of 3 to 18 (hereinafter referred to as “the Student”).
2. Where the Student is a legal minor, the Parent/Guardian of the Student shall be the Applicant and shall enter into this Agreement on behalf of the Student and shall accept, agree to and be bound by all the terms and conditions contained herein on behalf of the Student. Hereafter the Applicant shall be bound by all actions taken by the said Student as if the Applicant is the Student.
3. If the Student is 18 years old, then the Student shall be the Applicant. The Student shall enter into this Agreement and shall accept, agree to and be bound by all the terms and conditions contained herein and this Student’s application shall be accepted by the Company only if the Parent/Guardian of the Student agrees to be jointly and severally bound by all actions taken by the said Student and by all the terms and conditions contained herein.
4. When the Applicant has expressly agreed to and consented to be bound by all the terms of this Agreement, the Company agrees to enrol the Student subject to the terms and conditions of this Agreement.
CLASSES
The Company offers various programmes and/or packages relating to the teaching of the English language for Students that include but are not limited to creative writing, public speaking, speech and drama, reading programmes and intensive English classes known as “Oxford English” at their centre located at Atria Shopping Gallery, Lot S26, Second Floor, Jalan SS 22/23, Damansara Jaya, 47400 Petaling Jaya, Selangor, Malaysia and 7, JALAN PJU 5/20A, PUSAT PERDAGANGAN KOTA, PJU 5, KOTA DAMANSARA 47810 PETALING JAYA SELANGOR MALAYSIA (hereinafter referred to as “The Centre”).
6.The Student may select any of the programmes and/or packages offered by the Company for fixed durations of 3 months, 6 months or 11 months and the Student accepts and agrees that the Company will conduct only 1 class per week for every programme and/or package selected by the Student. In addition thereto, the Student may also choose to participate in the Holiday programme that will only be conducted in the month of December each year for a duration of 1 month.
7. The Company will conduct only the Holiday Programme in the month of December each year.
8. In the event the Student is unable to attend any class in the selected programme the Student is required to give the Company at least 24 hours prior notice of the same. The Student will only be permitted to attend a replacement class if the Student has given the required notice of his absence as aforesaid. Each class may only be rescheduled by the Student for a maximum number of 3 times after which no rescheduling is allowed. No rescheduling will be allowed for the Holiday programme due to its short duration.
COMPANY’S OBLIGATIONS
9. The Company shall provide competent teachers for the Student in the selected programmes, who will carry out their duties with due skill and diligence.
10. The Company shall ensure that all interactions and communication between the Company and the Applicant and the Student shall be conducted in an appropriate and courteous manner. The Company shall also ensure that the teachers conduct themselves in an appropriate and professional manner, addressing questions posed and concerns raised by the Student in an appropriate and courteous manner. The teachers shall interact only with the Student and not with the parent/guardian of the student.
11. The Company shall provide:
(a) An air-conditioned classroom to ensure the Student is comfortable during the class;
(b) The necessary equipment, tools and study aids for the class to be interactive and interesting for the Student;
(c) The class schedule of the selected programme to the Student but the Company reserves the right to change the schedule as and when required and will keep the Student duly informed of the said change.
APPLICANT’S AND/OR STUDENT’S OBLIGATIONS
12. The Applicant is to ensure that the Student attends classes on a regular and consistent basis. The Applicant who is not a Student shall direct any queries, complaints or clarifications only to the Company and not to the teachers.
13. The Student agrees that assignments, exercises and homework will form an integral part of his commitment herein and agrees to complete such work in a timely manner.
14. The Student shall at all times behave in a proper, moral and exemplary manner toward the teachers, Company staff and fellow Students.
15. The Student is to arrive on time and bring all necessary learning materials (textbooks, notes, stationery and other materials necessary for effective learning).
16. If the Student is unable to attend a class, the Applicant and/or the Student is to give the Company at least 24 hours prior notice of the same in order to reschedule the class subject to clause 8 above.
PAYMENT POLICY
17. Upon registration, the Applicant is required to make full payment for the programme selected in accordance with the mode of payment indicated by the Company, before the Student is allowed to attend classes for the selected programme.
18. The Company has the discretion to allow the Student to attend classes before the full payment is made and to set a date for the said full payment to be made. The Applicant is to make full payment on or before the date set by the Company, failing which a late payment interest of 12% per annum will be charged on the outstanding fees from the date when full payment is due until the actual date of payment. In the event that the payment is delayed by more than 2 months, the Student will not be allowed to attend classes and this Agreement will be terminated forthwith without the requirement for any written notice being served on the Applicant and/or the Student and thereafter the amount owed by the Student and/or the Applicant to the Company will be a debt due and owing by the Student and/or the Applicant and the Company shall be at liberty to claim the outstanding sum from the Student and/or the Applicant.
19. Any incentives given by the Company, including but not limited to cash vouchers and/or teaching materials, are purely discretionary and shall not be deemed an obligation on the part of the Company.
20. Upon selection of the programme or the duration thereof, the Applicant and/or the Student is not allowed to change the same without the prior written approval of the Company which approval, if given, may include additional charges such as administrative fees and further terms and conditions being imposed on the Applicant and/or the Student.
21. Any payment made by the Applicant herein is not refundable. Any request for refund, if at all considered, is absolutely at the discretion of the Company.
TERMINATION OF AGREEMENT
22. The Company, without prejudice to any remedy it may have against the Applicant and/or the Student for the breach or non-performance of any of the provisions of this Agreement including but not limited to misbehaviour and misconduct, moral or otherwise, may terminate this Agreement without assigning any reason thereto at any time by serving on the Applicant and/or the Student a termination notice in writing.
23. Upon termination of this Agreement, any sums due and payable to the Company by the Applicant and/or the Student shall become immediately payable and the Student shall deliver up to the Company any documents, books or any other material related to the programme that belong to the Company.
24. The Applicant is liable for all legal fees and disbursements incurred by the Company in the exercise of their rights under this Agreement.
25. Any monies paid by the Applicant to the Company prior to the termination of this Agreement will not be refunded to the Applicant by the Company. Any refund, if at all considered, is absolutely at the discretion of the Company.
NO WARRANTIES
26. The Company makes no promises or warranties with regard to the Student’s performance as a result of classes attended by the Student pursuant to this Agreement.
27. The Company does not in any way warrant or guarantee the safety and personal supervision of the Student while the Student is at the Centre.
GOVERNING LAW AND JURISDICTION
28. The construction, validity and performance of this Agreement shall be governed in all respects by the laws of Malaysia.
SEVERABILITY
29. In the event any of the provisions in this Agreement shall for any reason be determined illegal, invalid or otherwise unenforceable, such provision shall be deemed to have been severed therefrom and the remaining provisions herein shall continue to be valid and enforceable to the fullest extent permissible by the law.
NOTICES
30. Any notice of communication to be given by any party in this Agreement shall be in writing and shall be deemed duly given if delivered personally or sent by telex or facsimile transmission or by prepaid registered post to the addresses (as the case may be) provided by the Applicant when registering for an online account or at the Company’s premises.
MISCELLANEOUS
31. As the Centre is located at a public shopping gallery with a potential for a high volume of students and parents/guardians as well as members of the public in and around the Centre at any given time, the Company shall not be responsible for the safety and protection of the Students while at the Centre or on their way to or from the Centre nor shall the Company be held liable for any injury and/or bodily harm and/or other forms of loss and/or injury not specified herein that may be suffered by the Students. It is fully and solely the Applicant’s responsibility to send and pick up the Student from the Centre and/or to arrange for reliable Third Party pick up/transport for the Student. The Applicant shall assume all risks, liabilities and dangers involved when Students attend classes at the Centre and the Company shall not be held liable for any injury and/or bodily harm suffered and/or loss or damage suffered.
32. By providing the Company with personal and/or other information, the Applicant agrees that the Company may store the information provided on its database. The Company agrees that it will not share the Applicant’s and/or Student’s personal information with any third party without the Applicant’s consent.
33. The Parties acknowledge that the existence and the terms of this Agreement and any oral or written information exchanged between the Parties in connection with this Agreement are regarded as confidential information. Each Party shall maintain the confidentiality of all such confidential information and shall not disclose the said confidential information to any third party without obtaining the written consent of the other Party.
34. No party to this Agreement shall assign, transfer, subcontract or in any other manner make over to any third party the benefit or burden of this Agreement.
35. No relaxation, indulgence, waiver or release by any party of any of the rights in terms of this Agreement on any occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.
36. This Agreement constitutes the entire understanding between the parties with regard to the subject matter thereof and the parties waive the right to rely on any alleged expressed or implied provision not contained herein.
37. In this Agreement, unless there is something in the subject or context inconsistent with such construction or unless it is otherwise expressly provided:
(a) Words importing the masculine gender only shall include the feminine and neuter genders and vice versa; (b) Words in the singular number only shall include the plural number and vice versa; (c) That headings are inserted for convenience only and shall not affect the construction of this Agreement; (d) For the purposes herein any notice or request with reference to this Agreement shall be deemed to be sufficiently given to either party if the same is given to the said party’s Solicitors. The address of the parties stated herein shall be the address of service for all notices including the Termination Notice.
PRIVACY POLICY
1. PERSONAL DATA PROTECTION NOTICE
1.1 This Personal Data Protection Notice (“Privacy Policy”) governs the manner in which IGS English Sdn. Bhd (Company number: 1353730-K) & IGS Jaya Sdn Bhd (Company number: 1523428-A) (“the Company”) collects, uses, maintains and discloses information collected from users of the website igsenglish.com. This personal data protection notice applies when the user accesses the website and/or applies to access the Company’s services and products.
1.2 The Company and/or its affiliates’ collects information about the users and uses the information to assist the user apply for the Company’s services and products, including but not limited to entering into a contract with the Company for numerous English programmes offered by the Company. This policy describes how the user’s information is collected and used with respect to personal information.
2. SCOPE OF THIS POLICY
2.1 This policy applies to information the Company collects on the website. The Company is not responsible for the data use practices of advertisement network and/or other service providers with whom the Company works with to provide users personalised services, or those who access the user’s information on site or through other applications which are not controlled by the Company.
3. INFORMATION COLLECTED
3.1 The following is a list of information which the Company may collect:
3.2 The above list is not exhaustive and the Company may require the user to provide additional information from time to time. However, if sensitive personal data is required, the Company will seek for explicit consent from the user before collecting the same.
4. HOW COLLECTED INFORMATION IS USED
4.1 The Company uses the information collected for the purposes of providing users the services and/or materials provided by the Company for, either for the user itself or for the user’s child, whichever is applicable.
4.2 It is obligatory for the user to provide to the Company information requested by the Company, failing which the Company will not provide the services applied for by the user.
Terms & Conditions
Here’s guide of our policy on our service engagement
TUITION AGREEMENT
This Tuition Agreement (hereinafter referred to as “the Agreement”) is made between IGS English Sdn Bhd (Company No: 1353730-K), IGS Jaya Sdn Bhd (Company No: 1523428-A), Topnotch Global English & Mavenrichment PLT (hereinafter referred to as “the Company”) and any person (hereinafter referred to as “the Applicant”) who completes the registration process to open and maintain an online account with the Company. The Company and the Applicant shall be collectively known as “the parties”. BY CLICKING THE ACCEPTANCE BUTTON, THE APPLICANT EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF THE APPLICANT DOES NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND THE COMPANY WILL PROMPTLY CANCEL THIS TRANSACTION AND THE APPLICANT MAY NOT ACCESS ANY OF THE SERVICES OFFERED BY THE COMPANY. The Company reserves the right to make changes to these Terms and Conditions without prior notice to the Applicant.
PREAMBLE
1. The Company offers various programmes and/or packages relating to the teaching of the English language for both national and international school students from the ages of 3 to 18 (hereinafter referred to as “the Student”).
2. Where the Student is a legal minor, the Parent/Guardian of the Student shall be the Applicant and shall enter into this Agreement on behalf of the Student and shall accept, agree to and be bound by all the terms and conditions contained herein on behalf of the Student. Hereafter the Applicant shall be bound by all actions taken by the said Student as if the Applicant is the Student.
3. If the Student is 18 years old, then the Student shall be the Applicant. The Student shall enter into this Agreement and shall accept, agree to and be bound by all the terms and conditions contained herein and this Student’s application shall be accepted by the Company only if the Parent/Guardian of the Student agrees to be jointly and severally bound by all actions taken by the said Student
and by all the terms and conditions contained herein.
4. When the Applicant has expressly agreed to and consented to be bound by all the terms of this Agreement, the Company agrees to enrol the Student subject to the terms and conditions of this Agreement.
CLASSES
The Company offers various programmes and/or packages relating to the teaching of the English language for Students that include but are not limited to creative writing, public speaking, speech and drama, reading programmes and intensive English classes known as “Oxford English” at their centre located at Atria Shopping Gallery, Lot S26, Second Floor, Jalan SS 22/23, Damansara Jaya, 47400 Petaling Jaya, Selangor, Malaysia and 7, JALAN PJU 5/20A, PUSAT PERDAGANGAN KOTA, PJU 5, KOTA DAMANSARA 47810 PETALING JAYA SELANGOR MALAYSIA (hereinafter referred to as “The Centre”).
6.The Student may select any of the programmes and/or packages offered by the Company for fixed durations of 3 months, 6 months or 11 months and the Student accepts and agrees that the Company will conduct only 1 class per week for every programme and/or package selected by the Student. In addition thereto, the Student may also choose to participate in the Holiday programme that will only be conducted in the month of December each year for a duration of 1 month.
7. The Company will conduct only the Holiday Programme in the month of December each year.
8. In the event the Student is unable to attend any class in the selected programme the Student is required to give the Company at least 24 hours prior notice of the same. The Student will only be permitted to attend a replacement class if the Student has given the required notice of his absence as aforesaid. Each class may only be rescheduled by the Student for a maximum number of 3 times after which no rescheduling is allowed. No rescheduling will be allowed for the Holiday programme due to its short duration.
COMPANY’S OBLIGATIONS
9. The Company shall provide competent teachers for the Student in the selected programmes, who will carry out their duties with due skill and diligence.
10. The Company shall ensure that all interactions and communication between the Company and the Applicant and the Student shall be conducted in an appropriate and courteous manner. The Company shall also ensure that the teachers conduct themselves in an appropriate and professional manner, addressing questions posed and concerns raised by the Student in an appropriate and courteous manner. The teachers shall interact only with the Student and not with the parent/guardian of the student.
11. The Company shall provide:
(a) An air-conditioned classroom to ensure the Student is comfortable during the class;
(b) The necessary equipment, tools and study aids for the class to be interactive and interesting for the Student;
(c) The class schedule of the selected programme to the Student but the Company reserves the right to change the schedule as and when required and will keep the Student duly informed of the said change.
APPLICANT’S AND/OR STUDENT’S OBLIGATIONS
12. The Applicant is to ensure that the Student attends classes on a regular and consistent basis. The Applicant who is not a Student shall direct any queries, complaints or clarifications only to the Company and not to the teachers.
13. The Student agrees that assignments, exercises and homework will form an integral part of his commitment herein and agrees to complete such work in a timely manner.
14. The Student shall at all times behave in a proper, moral and exemplary manner toward the teachers, Company staff and fellow Students.
15. The Student is to arrive on time and bring all necessary learning materials (textbooks, notes, stationery and other materials necessary for effective learning).
16. If the Student is unable to attend a class, the Applicant and/or the Student is to give the Company at least 24 hours prior notice of the same in order to reschedule the class subject to clause 8 above.
PAYMENT POLICY
17. Upon registration, the Applicant is required to make full payment for the programme selected in accordance with the mode of payment indicated by the Company, before the Student is allowed to attend classes for the selected programme.
18. The Company has the discretion to allow the Student to attend classes before the full payment is made and to set a date for the said full payment to be made. The Applicant is to make full payment on or before the date set by the Company, failing which a late payment interest of 12% per annum will be charged on the outstanding fees from the date when full payment is due until the actual date of payment. In the event that the payment is delayed by more than 2 months, the Student will not be allowed to attend classes and this Agreement will be terminated forthwith without the requirement for any written notice being served on the Applicant and/or the Student and thereafter the amount owed by the Student and/or the Applicant to the Company will be a debt due and owing by the Student and/or the Applicant and the Company shall be at liberty to claim the outstanding sum from the Student and/or the Applicant.
19. Any incentives given by the Company, including but not limited to cash vouchers and/or teaching materials, are purely discretionary and shall not be deemed an obligation on the part of the Company.
20. Upon selection of the programme or the duration thereof, the Applicant and/or the Student is not allowed to change the same without the prior written approval of the Company which approval, if given, may include additional charges such as administrative fees and further terms and conditions being imposed on the Applicant and/or the Student.
21. Any payment made by the Applicant herein is not refundable. Any request for refund, if at all considered, is absolutely at the discretion of the Company.
TERMINATION OF AGREEMENT
22. The Company, without prejudice to any remedy it may have against the Applicant and/or the Student for the breach or non-performance of any of the provisions of this Agreement including but not limited to misbehaviour and misconduct, moral or otherwise, may terminate this Agreement without assigning any reason thereto at any time by serving on the Applicant and/or the Student a termination notice in writing.
23. Upon termination of this Agreement, any sums due and payable to the Company by the Applicant and/or the Student shall become immediately payable and the Student shall deliver up to the Company any documents, books or any other material related to the programme that belong to the Company.
24. The Applicant is liable for all legal fees and disbursements incurred by the Company in the exercise of their rights under this Agreement.
25. Any monies paid by the Applicant to the Company prior to the termination of this Agreement will not be refunded to the Applicant by the Company. Any refund, if at all considered, is absolutely at the discretion of the Company.
NO WARRANTIES
26. The Company makes no promises or warranties with regard to the Student’s performance as a result of classes attended by the Student pursuant to this Agreement.
27. The Company does not in any way warrant or guarantee the safety and personal supervision of the Student while the Student is at the Centre.
GOVERNING LAW AND JURISDICTION
28. The construction, validity and performance of this Agreement shall be governed in all respects by the laws of Malaysia.
SEVERABILITY
29. In the event any of the provisions in this Agreement shall for any reason be determined illegal, invalid or otherwise unenforceable, such provision shall be deemed to have been severed therefrom and the remaining provisions herein shall continue to be valid and enforceable to the fullest extent permissible by the law.
NOTICES
30. Any notice of communication to be given by any party in this Agreement shall be in writing and shall be deemed duly given if delivered personally or sent by telex or facsimile transmission or by prepaid registered post to the addresses (as the case may be) provided by the Applicant when registering for an online account or at the Company’s premises.
MISCELLANEOUS
31. As the Centre is located at a public shopping gallery with a potential for a high volume of students and parents/guardians as well as members of the public in and around the Centre at any given time, the Company shall not be responsible for the safety and protection of the Students while at the Centre or on their way to or from the Centre nor shall the Company be held liable for any injury and/or bodily harm and/or other forms of loss and/or injury not specified herein that may be suffered by the Students. It is fully and solely the Applicant’s
responsibility to send and pick up the Student from the Centre and/or to arrange for reliable Third Party pick up/transport for the Student. The Applicant shall assume all risks, liabilities and dangers involved when Students attend classes at the Centre and the Company shall not be held liable for any injury and/or bodily harm suffered and/or loss or damage suffered.
32. By providing the Company with personal and/or other information, the Applicant agrees that the Company may store the information provided on its database. The Company agrees that it will not share the Applicant’s and/or Student’s personal information with any third party without the Applicant’s consent.
33. The Parties acknowledge that the existence and the terms of this Agreement and any oral or written information exchanged between the Parties in connection with this Agreement are regarded as confidential information. Each Party shall maintain the confidentiality of all such confidential information and shall not disclose the said confidential information to any third party without obtaining the written consent of the other Party.
34. No party to this Agreement shall assign, transfer, subcontract or in any other manner make over to any third party the benefit or burden of this Agreement.
35. No relaxation, indulgence, waiver or release by any party of any of the rights in terms of this Agreement on any occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.
36. This Agreement constitutes the entire understanding between the parties with regard to the subject matter thereof and the parties waive the right to rely on any alleged expressed or implied provision not contained herein.
37. In this Agreement, unless there is something in the subject or context inconsistent with such construction or unless it is otherwise expressly provided:
(a) Words importing the masculine gender only shall include the feminine and neuter genders and vice versa;
(b) Words in the singular number only shall include the plural number and vice versa;
(c) That headings are inserted for convenience only and shall not affect the construction of this Agreement;
(d) For the purposes herein any notice or request with reference to this Agreement shall be deemed to be sufficiently given to either party if the same is given to the said party’s Solicitors. The address of the parties stated herein shall be the address of service for all notices including the Termination Notice.
PRIVACY POLICY
1. PERSONAL DATA PROTECTION NOTICE
1.1 This Personal Data Protection Notice (“Privacy Policy”) governs the manner in which IGS English Sdn. Bhd (Company number: 1353730-K) & IGS Jaya Sdn Bhd (Company number: 1523428-A) (“the Company”) collects, uses, maintains and discloses information collected from users of the website igsenglish.com. This personal data protection notice applies when the user accesses the website
and/or applies to access the Company’s services and products.
1.2 The Company and/or its affiliates’ collects information about the users and uses the information to assist the user apply for the Company’s services and products, including but not limited to entering into a contract with the Company for numerous English programmes offered by the Company. This policy describes how the user’s information is collected and used with respect to personal information.
2. SCOPE OF THIS POLICY
2.1 This policy applies to information the Company collects on the website. The Company is not responsible for the data use practices of advertisement network and/or other service providers with whom the Company works with to provide users personalised services, or those who access the user’s information on site or through other applications which are not controlled by the Company.
3. INFORMATION COLLECTED
3.1 The following is a list of information which the Company may collect:
(a) name;
(b) age;
(c) NRIC details;
(d) address;
(e) credit card details;
(f) date of birth;
(g) e-mail address;
(h) telephone number.
3.2 The above list is not exhaustive and the Company may require the user to provide additional information from time to time. However, if sensitive personal data is required, the Company will seek for explicit consent from the user before collecting the same.
4. HOW COLLECTED INFORMATION IS USED
4.1 The Company uses the information collected for the purposes of providing users the services and/or materials provided by the Company for, either for the user itself or for the user’s child, whichever is applicable.
4.2 It is obligatory for the user to provide to the Company information requested by the Company, failing which the Company will not provide the services applied for by the user.