Definitions in the Legal Information
“Parents/Guardians” means the parent or legal guardian
making this application.
“School” means the school providing educational
services under this application.
“Student” means the child/children for whom Parents/Guardians are
applying.
Compliance with School Rules and Regulations
We agree to:
- support
and abide by the School’s stated philosophy, goals and
objectives;
- comply
with the School rules and regulations to the extent that they
are notified and apply to me/us; and
- ensure
that the Student will comply with School’s behavior policy/code of conduct
and applicable rules and regulations. In the case of serious
non-compliance with the School’s rules and regulations, the School
reserves the right to suspend or expel the Student. In
this event, the School may decide, at its sole discretion, not to
provide any refund or reduction of fees already paid or which are
payable to the School.
Collection from School
The School will use its best endeavours to ensure
that only those persons authorised by the Parents/Guardians to
collect the Student from School are able to do so.
Approval from Parents/Guardians
We agree that if any matter requires our approval or
notification to us, it will be sufficient for the School to obtain
approval from or notify one of us (as applicable).
Liability Waiver
We agree that the Student attends the School at his/her own
risk and that the School is not liable in respect of any
injury sustained by the Student whilst attending the
School, or whilst participating in activities (organized by
the School and/or an authorized third party), except to the extent that the
injury arises as a direct result of the negligence of the School. We
further release and agree to hold the School harmless and indemnify
the School, its officers, its employees, contractors,
consultants, and its agents from any liability in respect of
any injuries sustained by the Student, including related expenses
and attorney’s fees. The School will not be responsible for any loss or
damage to the Student’s personal belongings, or to any property in the
Student’s possession whilst attending the School. We acknowledge that
there are other educational services that exist in the market and that the
School is not the sole establishment by which the Student can receive
educational services.
Third Parties
No person who or entity which is not a party
to these Terms and Conditions has any right under the Contracts (Rights of
Third Parties) Ordinance (Cap. 623) to enforce or enjoy the benefit of any
provisions of these Terms and Conditions.
Theft
The School shall not be responsible in the case of
items that are stolen or otherwise lost or missing including, without
limitation, money, jewellery, computers and personal
electronic devices, mobile phones and/or valuable objects.
The School has no responsibility for safe-keeping of
personal effects of the Student or the Student’s parents.
School Obligations
The School undertakes to provide tuition as described on the
School website and in marketing materials provided to Parents/Guardians
(“School Material”). The School reserves the right to amend the School
Material from time to time without any prior notice and any reference
to the School Material herein is a reference to the most up-to-date School
Material. Nothing contained in the School Material binds the School to
any specific procedures or policies, and nothing in the School Materials
creates an enforceable contractual or other obligation, express, implied,
unilateral, or otherwise between Parents/Guardians and the School.
Payment of Fees
- We
confirm that we have received a copy of the fee schedule and
associated terms and conditions of the School (“Schedule of Fees”), the
terms of which are incorporated by reference herein, and agree that
We will adhere to the terms and conditions of the Schedule of Fees.
- We agree
that all fees shall be paid in accordance with the Schedule of
Fees. The School reserves the right to amend the Schedule of
Fees from time-to-time and any reference to the Schedule of Fees
herein refers to the most up-to-date Schedule of
Fees.
- The
School reserves the right to cancel the enrolment of any Student or
not to accept a Student into the School for any reason or for no reason
at any time before all applicable fees have been paid in full.
- In
the event of any inconsistency between these Terms and Conditions and
those set out in the Schedule of Fees, the Schedule of Fees shall
prevail.
- The
School does not accept payments from any sanctioned bank
account listed and periodically updated on https://sanctionssearch.ofac.treas.gov,
or payments originating from countries sanctioned by the
United States Department of the Treasury Office of Foreign Asset
Control (currently including the Crimea, Cuba, Iran, North
Korea, Sudan and Syria).
Withdrawal and refund of fees
- We
agree to give the requisite notice as set out in the Schedule of
Fees to the School prior to any withdrawal of the Student
from the School.
- In
the event of withdrawal, the School will only refund fees as set out in
the incorporated Schedule of Fees.
- In
the event of a refund of fees, the School will refund (by bank transfer)
to the Parent/Guardian/company whose name appears in the payment
document as payer of that year’s fees without obtaining prior approval
from the Parents/Guardians. The School will not wire or transfer
refunded fees or other monies to another person or entity unless
the Parent/Guardian/company whose name appears in the School’s payment
documents certifies in person and in writing that the refunded
payment(s) can be paid to another person or entity.
Inspection
We authorize the School to inspect and conduct a search of
any place or item on the School campus or at any School-related
event, including but not limited to the Student’s locker, book bag,
backpack, clothing, vehicle, computer, or personal electronic devices.
Inspections or other searches may be conducted by the School on a
routine or random basis or as deemed to
be reasonably necessary. We acknowledge that the Student must
provide any passwords, combinations, or other access information required to
inspect such places or items. We further authorize the School to seize
and permanently retain property discovered by an inspection or search which is
considered potentially harmful, dangerous, illegal to possess,
inappropriate, or the possession of which is a violation of the School’s rules,
community standards, and/or local, state, provincial, federal, national, or any
other governmental law.
Change of Details
We agree that:
- any
changes to the Student’s particulars, including identifying
information, medical history, food preferences, and allergies, should
be immediately notified to the School; and
- any
change of my/our contact details and/or emergency
contacts shall be immediately notified to the
School.
Failure to Disclose
We agree that the failure to disclose relevant information
(medical or otherwise) to the School may result in withdrawal of an offer of a
place at the School and that in this event, the School may decide, at its sole
discretion, not to provide any refund or reduction in fees already paid or
which are payable to the School.
General statement regarding truth and accuracy
We have legal custody of the Student who is applying to
attend the School or that I have the legal custodian’s consent to the
Student applying to attend the School. We certify that all information
contained in this application is complete and correct. Should it be
determined by the School that the
Parent/Guardians have provided materially incomplete or
untruthful information to the School, the School may decide, at its sole
discretion, to cancel the Student’s enrolment and not to provide
any refund or reduction in fees already paid or which are payable to the
School.
Force Majeure
We acknowledge that the School’s duties and obligations
provided herein shall be suspended immediately and without notice during all
periods that the School is closed because of force majeure events including but
not limited to any fire, weather conditions, war, governmental
action, acts of terrorism, epidemic, pandemic, or any other event beyond the
School’s control. If such an event occurs, the School’s duties and
obligations provided for herein will be suspended until
such time as the School, in at its sole discretion, may safely
reopen. In the event that the School cannot reopen due to an
event under this clause, the School is under no obligation to refund
any portion of the fees paid. Unless otherwise indicated by the
School, during any force majeure event, We acknowledge that we are solely
responsible for the safety and well-being of the Student.
Enforceability of Terms and Conditions
Neither failure by the School to enforce any of the Terms
and Conditions contained herein or in the incorporated Schedule of Fees, nor
oral statements or actions made by or on behalf of the School, its
officers, employees, or agents shall constitute a waiver of the right to
enforce any provision contained herein.
Entirety of Terms and Conditions
We acknowledge that these Terms and Conditions contained
herein or in the incorporated Schedule of Fees constitute the entire
understanding between me/us and the School. No promises, terms,
conditions, or obligations are created or exist other than those
contained herein, or in the incorporated Schedule of Fees. The Terms
and Conditions contained herein and in the incorporated Schedule of Fees shall supersede
all previous communications, representations, or agreements, either verbal or
written, between the parties with respect to the subject-matter addressed
herein.
Governing Law
The Terms and Conditions contained herein and in the
incorporated Schedule of Fees shall be governed under the laws of the
jurisdiction in which the School is located. The venue of any action
filed concerning facts arising out of the services provided under these
Terms and Conditions and in the incorporated Schedule of Fees shall lie
exclusively with the smallest geographic subdivision in which the
School is located, and the parties do consent to jurisdiction
there.
Acceptance of an Offer
When an offer is made and accepted, the School
will send to the Parents/Guardians an acceptance letter, along with
further information the Parents/Guardians need to be aware of. By
enrolling at the School, Parents/Guardians and the Student agree to abide
by all policies, terms and conditions as may be issued by the School
from time to time.
Authorisation to participate in school trips
We agree to allow the Student to participate in all
of the School’s compulsory activities, including residential and outside
school trips. The School agrees to give prior notification for outside school
trips. Any costs involved relating to such activities shall be notified
to Parents/Guardians by the School.