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.
“School Material” means the School website and marketing and operational materials (but excluding School Policies and Rules) provided to Parents/Guardians.
School Obligations
The School undertakes to provide tuition in accordance with the School Material. The School reserves the right to amend the School Material from time to time and any reference to the School Material herein is a reference to the most up-to-date School Material. The manner the school provides tuition may be varied by the school (acting reasonably). If required (as determined by the School at its discretion), the School may provide tuition by way of virtual schooling, in accordance with the School Material. Nothing contained in the School Material binds the School to any specific procedures or policies, and nothing in the School Materials creates a contractual obligation, express, implied, unilateral, or otherwise between Parents/Guardians and the School.
Compliance with School Rules and Regulation
I/We agree to:
(a)support and abide by the School’s stated philosophy, goals and objectives;
(b)comply with the School Policies and Rules and regulations to the extent that they are notified and apply to me/us; and
(c)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 rules and regulations, the School reserves the right to suspend or expel the Student in agreement with the KHDA. 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, with KHDA approval.
School Policies and Rules (that are expressly identified as such) shall form part of these terms and conditions as if they were set out herein. The School shall have the right to update the School Policies and Rules from time to time. In case anything set out in School Policies and Rules contradicts with the provisions of these Terms and Conditions, the provisions of these Terms and Conditions shall prevail.
Collection from School
The School will use its reasonable efforts 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
I/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
I/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 that may occur to the Student whilst attending the School or participating in activities (organised by the School and/or a third party), except to the extent that the injury arises as a direct result of the gross negligence of the School. I/We further release and agree to hold the School harmless and indemnify the School, its officers, its employees, and its agents from any liability and/or 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. I/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.
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 personal effects of the Students or of the Student’s parents.
Payment of Fees
(a)I/We confirm that we have received a copy of the fee schedule and associated terms and conditions of the School (the “Schedule of Fees”), the terms of which are incorporated by reference herein, and agree that I/We will adhere to the terms and conditions of the Schedule of Fees.
(b)I/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.
(c)In the event of any inconsistency between these terms and conditions and those set out in the Schedule of Fees, these terms and conditions shall prevail.
(d)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
(a)I/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.
(b)In the event of withdrawal, the School will only refund fees as set out in the incorporated Schedule of Fees.
(c)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 parent/guardian. The School will not wire or transfer refunded fees or other monies to another person or entity unless the parent/guidance/company whose name appears in the School’s payment documents certifies in person and in writing that the refunded payments can be paid to another person or entity.
Inspection
I/We authorize the School to inspect and conduct a search of any place or item on the School campus or any School-related event, including but not limited to the Student’s locker, book bag, backpack, clothing, 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 in connection with suspicion of wrongdoing or of harm to other Students. I/We acknowledge that the Student must provide any passwords, combinations, or other access information required to inspect such places or items. I/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
I/We agree that:
(a)any changes to the Student’s particulars, including identifying information, medical history, food preferences, and allergies, shall be advised in writing as soon as possible to the School; and
(b)any change of my/our contact details and/or emergency contact shall be immediately notified to the School.
Failure to Disclose
I/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
I/We have legal custody of the Student who is applying to attend the School, or I have the legal custodian’s consent. I/We certify that all information contained in this application is complete and correct. Should it be determined that Parents/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
I/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 reasonable control (a “Force Majeure Event”). If a Force Majeure Event occurs, the School’s duties and obligations provided herein will be postponed until such time as the School, in its sole discretion, may safely reopen.
In the event that the School cannot reopen due to a Force Majeure Event, 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, I/We acknowledge that I/We are solely responsible for the safety and well-being of the Student.
Where on-campus education is not possible as a result of the Force Majeure Event for a period of more than 7 days (the “FM Period”), the mitigation steps to be taken by the school may include the provision of virtual schooling, as determined by the school, and to be deployed in accordance with the School’s virtual school experience policy from time to time.
It is acknowledged and agreed that the provision of such virtual schooling by the School shall be the agreed replacement for on-campus learning during the FM Period.
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
I/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 exist or are created 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. I/We acknowledge that the Terms and Conditions contained herein and in the incorporated Schedule of Fees may be updated or amended by the School (as determined by the School and approved by KHDA). Any reference to the Terms and Conditions or the Schedule of Fees herein is a reference to the most up-to-date Terms and Conditions and/or Schedule of Fees.
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.
School Activities:
I/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.
