Terms and Conditions

These Terms and Conditions (‘Agreement’) form the contract between Gifted by Nature LLP (UEN T17LL2332G) and the Parents or any persons who engage the Service of Gifted by Nature on behalf of their son/daughter/dependant (the “Student”).
The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the site or Services after the posting of changes constitutes your binding acceptance of such changes.

Interpretation

In these Terms and Conditions, the following words and phrases shall bear the following meanings, unless the context requires otherwise:

Gifted by Nature LLP (the “Company”) means the legal entity which runs English language instruction classes (the “Service”) and maintains the Mindful English Learning website at www.mel.sg;

“Assessment” means the initial paid consultation with a Tutor;

“Tutor” means the person who is registered with Gifted by Nature to provide educational tutoring services and who accepts to undertake the service;

“Student” means children under the age of 17 and in Primary or Secondary School. All Student(s) will require parental consent;

"Monthly Fee Cycle" means course fee(s) billed once every month based on the calendar weeks in the month (may be 4 or 5 lessons);

“Calendar Month” means a full month commencing on the 1st day of a calendar month and ending on the last day of that calendar month;

“Academic Year” means an academic year at Gifted by Nature, which runs from January 3, 2023 to November 17, 2023;

“Term(s)” for 2023 are defined as per the below table:-

Term 1

3 Jan 2023 to 19 March 2023

*Classes will continue to be conducted during March school holiday break*

Student is automatically renewed unless Withdrawal Notice is submitted by March 1.

Term 2

20 March 2023 to 28 May 2023

*Classes will continue to be conducted during June school break 29 May 2023 - 25 June 2023.*

Student is automatically renewed for Term 3 unless Withdrawal Notice is submitted by May 1.

Term 3

26 June 2023 to 10 Sep 2023

*Classes will continue to be conducted during September school break*

Student is automatically renewed unless Withdrawal Notice is submitted by September 1.

Term 4

11 Sep 2023 to 19 Nov 2023

Renewal (2023) or Withdrawal Notice should be submitted by November 1. If intention to withdraw is made known at a time when the value of the remaining classes in the term is less than the deposit, the balance of the deposit will not be refunded. If a student decides to withdraw immediately mid-term, or withdraw immediately after the term is completed, the deposit is forfeited.

*There will be no regular classes during year-end school break. There may be supplementary classes available.*

Withdrawal from our courses is processed on a term by term basis. It is necessary to complete the term once you have started it. New sign-ups are expected to remain for the minimum of one term. Students who join mid-term should remain until at least the end of the following term. Should such a student withdraw at an earlier date, their deposit shall be forfeited.

Conditions of Registration

2. The enrolment / continued enrolment of the Student in the course(s) shall be conditional upon, inter alia:

the Company will determine the Student’s suitability for the Registered Course(s) through a phone consultation and/or an Assessment;
payment of a non-refundable deposit equivalent to 200.00 SGD (the “Deposit”), upon the registration / renewal of the Student’s enrolment in the Registered Course(s). For the avoidance of doubt, and subject to these General Terms, the Deposit shall be used to pay for any outstanding amounts owed to the Company, which shall include but is not limited to the course fees for the final 4 weeks of the School Term in the Registered Course(s);
purchase of prescribed books for the Registered Course(s) (if applicable); and
advance payment of the course fee(s) of all Registered Course(s) before the first day of Monthly Fee Cycle.

3. In the event that course fee(s) due for any Monthly Fee Cycle remain(s) unpaid by the second week of that Monthly Fee Cycle, the Company shall disallow the Student from attending any class(es) in the Registered Course(s).

4. Notwithstanding anything in these General Terms, the Student is not entitled to receive any materials for any classes which he or she has not paid for. In the event that the Student is registered for any of the Registered Course(s) after an Academic Year has begun, the Student shall be entitled to receive worksheets only from the date on which he or she begins attending the Registered Course(s).

5. The Company shall not be obliged to refund any part of the course fees in the event that the Student fails to attend any class in the Registered Course(s) for any reason whatsoever. Subject to these General Terms, and in the event that the Student does not turn up for classes and the fees for that Monthly Fee Cycle remain unpaid, the Deposit shall be used to settle the unpaid fees.

Make-up Classes

6. In the event that the Student fails to attend a class in any of our courses, the Company may at its sole discretion, allow the Student to make-up the missed lesson by attending another ongoing class during the same academic week, provided that:

there is more than 1 suitable class;
there is a vacancy in the class that the Student intends to attend as the make-up class;
the Student or Parent submits either of the following original documents:

(i) medical certificate (covering the date of the class); or

(ii) letter from the school, which states that the Student has compulsory school activities, the timing of which clashes with the Student’s classes at the Company;

In the event that it is not possible to arrange a make-up class due to no vacancy in other classes, the course fees for the relevant Registered Course shall not be refunded or pro-rated, even if the Student has valid reason(s) for missing the class.

In the event that the missed class is an online session, the class will be recorded for the student and the recording will be made available for six (6) calendar days inclusive of the day of the class. Course fees for the Registered Course shall not be refunded or pro-rated, even if the Student has valid reason(s) for missing the class. The Student or Parent must request for a recording before the lesson commences. Recordings are not provided if no request was made known.

7. In the event that the online class has to be cancelled due to Internet connectivity, teacher's personal emergency, or other unforeseen circumstances, either (a) a live make-up class will be scheduled and a recording provided to students who are unable to attend or (b) a recording will be provided to students in lieu of the class. Such recordings will be made available for six (6) calendar days inclusive of the day of the class.

Withdrawals & Refunds

8. A written Notice of Withdrawal must be given by the first calendar day of the final month in the Term for any of the Registered Course(s). The Student will need to complete the lessons in the last paid Monthly Fee Cycle and any subsequent Monthly Fee Cycles within the current Term. The deposit will be used to offset the fees from the final Monthly Fee Cycle in the Term. The Company shall not be obliged to refund any part of the Deposit.

9. In the event that a Parent decides to withdraw the Student (regardless of reasons) before the Registered Course(s) commence(s), the Deposit will be forfeited. The written notice in Clause 8 will not be applicable in this instance.

In the event that a Parent decides to withdraw the Student (regardless of reasons) before the end of the Term (defined in the table in Clause 1), the Deposit will be forfeited and the Company shall disallow the Student from attending any class(es) in the Registered Course(s). The written notice in Clause 8 will not be applicable in this instance.

If intention to withdraw is made known at a time when the value of the remaining classes in the term is less than the deposit, the balance of the deposit will not be refunded.

10. Unless otherwise stated, all monies paid are non-refundable and non-transferrable to another student, regardless of whether the Registered Course(s) has / have commenced.

Intellectual Property & Media Rights

11. Unless stated otherwise, the Company owns the intellectual property and / or licensing rights subsisting in all worksheets and other study materials distributed or used during the Registered Course(s), and both the Parent and Student are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting in any form or by any means whatsoever (including mechanical, electronic, recording, photocopying or otherwise) the abovementioned worksheets and other study materials without the Company’s prior written permission.

12. The Company may copy, reproduce, display, distribute and use any photographs or videos taken of the Student during the Registered Course(s), as well as any intellectual property produced by the Student as part of the Registered Course(s).

13. The Student hereby agrees to grant to the Company a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such works of the Student created in the course of or in preparation for Registered Courses(s) (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

14. The Company may publish the Student’s academic achievements in any form or media at any time, even after the Student has withdrawn from the Course(s).

Other Conditions

15. The Company reserves the right to, and shall in its sole discretion, (a) transfer, combine or dissolve a class, and / or (b) terminate the Student’s place in any of the Registered Course(s).

16. While the Company will take reasonable precautions to ensure the safety of the student, the Company assumes no liability for personal injury, loss or damage of any kind whatsoever which might be sustained by the student in undertaking any activity or anything during the Registered Course(s), whether under the discretion of the Company or otherwise, and generally for any such injury, loss or damage howsoever caused except by the wilful default of the Company.

17. The Parent hereby releases the Company from all liability for such injury, loss or damage of any other kind whatsoever which might be sustained by the Student in undertaking any activity during the Registered Course(s) or / and in the premise, whether under the direction of the Company or otherwise, and generally for any such injury, loss or damage howsoever caused except by the wilful default of the Company.

18. The Company shall not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, civil unrest, fire, or any other event that is beyond our reasonable control.

19. These general Terms contain the whole agreement between the Parent, Student and the Company and supersedes any prior written or oral agreement between them relating to the Student’s enrolment in the Registered Course(s) and the parties confirm that they have not entered into this agreement on the basis of any representations that are not expressly incorporated in these general Terms.

PDPA Clause

20. The Parent consents to the collection, use and disclosure of his / her personal data as well as the personal data of the Student in order for Gifted by Nature LLP to provide me with services as well as marketing, advertising, and promotional material that I agree to receive, in accordance with the Personal Data Protection Act and the Gifted by Nature LLP Privacy Policy.

By accepting these General Terms, I consent and agree to receive from the Gifted by Nature LLP information about the Gifted by Nature LLP’s and/or selected third parties’ products and services, including updates on the Gifted by Nature LLP’s and/or selected third parties’ latest promotions and new products and services, via email, text message, WhatsApp, and/or phone call.

Gifted by Nature LLP collects Personal Data so that we can provide an experience that is responsive and customised to your needs. Examples of Personal Data we collect include:

Personal information about you and your family members, which may include names, identification particulars, contact details, preferences, educational information, payment details and transaction history;
Information and data generated in the course of any continual relationship with Gifted by Nature LLP, for example, instructions given by you to arrange class enrolments, transfers, replacements, withdrawals, and other information and records you choose to provide by various modes of communication including telephone, SMS, WhatsApp, email;
Information from cookies, other technologies deployed for the analysis of website usage or other information technology applications used by Gifted by Nature LLP;

Gifted by Nature LLP may also collect video footage, still images, or audio recordings of you and/or your child (“Audio Visual Material”) recorded in the course of any classes, programmes or lessons conducted, or other services rendered by a Gifted by Nature LLP Entity, its staff or contractors. The Audio Visual Material form part of the Personal Data collected by Gifted by Nature LLP.