Terms & Conditions

Standard Terms and Conditions

Welcome to TSF Academy Pte Ltd (“TSF”)!

We sell Event packages which we may arrange and/or organise. In addition, we may also act as agent on behalf of the organisers, promoters, artists, venues or producers of an Event to sell Event packages arranged and organised by them. When we trade with you in any of such capacities, we do so on

(a) These standard Terms and Conditions as the same may from time to time be amended at our sole and entire discretion;

(b) Such terms on the Order Form; and

(c) The Personal Data Protection Policy available at https://www.tsf.com.sg/policy , as the same may from time to time be amended at our sole and entire discretion.

(collectively abbreviated as the “Agreement” between us).

Definitions

1 In this Agreement, the following terms shall bear the following definitions:

“Business Day” means a day other than a Saturday, Sunday or public holiday in Singapore when banks in Singapore are open for business;

“TSF/we/our/us” means TSF Academy Pte. Ltd, a company duly incorporated in the Republic of Singapore, of UEN 201328335W, which registered office is 1, Yishun Industrial Street 1, #03-27, A’Posh Bizhub, Singapore 768160;

“Commencement Date” means the date when we accept your order in accordance with Clause 2;

“Customer/you/your” means the person identified on the Order Form booking the Event(s);

“Event(s)” means the event(s) specified in Section A of the Order Form;

“Event Provider” means the provider of the Event(s) as set out in the Order Form;

“Fee” means the fee payable by you for the Event(s) as set out in the Order Form;

“Material Pack” means any material supplied to you as part of the Event(s);

“Order Form” means the order form through which you have booked your place to attend the relevant Event;

“Services” means the services supplied by us as an organiser and booking agent for your place on the Event(s). Terms and Conditions: the terms and conditions set out below which form part of this Agreement.

2.The Agreement

The Order Form constitutes in law an offer by you to enter into a binding contract with us and (where we are acting as the Event Provider’s agent), the Event Provider. The Agreement shall become binding on you when we accept your order either by issuing you with written acceptance of the Order Form or, in the absence of written acceptance, we commence performance of the Services in accordance with your Order Form. If we are unable to accept Your Order, we will inform you of this in writing and not charge you for the Event(s).

3.Commencement and Duration

This Agreement shall commence on the date of acceptance by us of your Order in accordance with Clause 2 above and shall automatically terminate at the end of the Event(s) that you have booked to attend on or until the Fee is paid in full (whichever is later) unless terminated in accordance with this Agreement, and unless any term is stated herein to survive termination of this Agreement.

4.Your right to make changes

If you wish to make a change to your order, please contact us within two (2) days of your order. We will let you know if the change is possible. If it is possible we will inform you about any changes to the Fee, the timing of the Event(s) or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If the change is not possible, you shall be bound by your original order.

5.Your purchase

Subject to the Agreement, in consideration of you booking the Event(s), making payments as stipulated, and otherwise complying with all the terms and conditions under the Agreement in a full and timely manner, you are entitled to:

(a) attend the Event(s); and

(b) receive a copy of the Material Pack (where applicable)..

6.Fee and Payment terms

6.1 The Fee payable for the Event(s) (which includes GST) will be the fee set out on the Order Form.

6.2 It is always possible that, despite Our best efforts, some of the Events we book may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Event’s correct price at your order date is higher than the correct price, we will contact you for your instructions before we accept your order. If we accept and process your Order Form where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may, without prejudice to our other rights under law, terminate the Agreement and refund you any sums you have paid.

6.3 Where the Order Form

(a) states that payment is required in one lump sum, the Fee shall be due in full prior to our acceptance of the Order Form; or

(b) states that payment shall be made in instalments, you must pay each instalment to us in the amounts and on the dates specified in the Order Form.

6.4 Payments made under this Agreement must be made by the means specified in the Order Form.

6.5 If you do not make any payment to us by any due date set out in the Order Form, We may, in addition to other rights we may possess under this Agreement or under law, charge interest to you on the overdue amount at the rate of eight percent (8%) per annum. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. We may also claim for our costs incurred in recovering any outstanding debt from you, which shall include, without limitation, all investigative and legal costs and expenses arising.

6.6 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with our obligations under these Terms and Conditions, We are responsible for loss or damage you suffer that is a foreseeable result of our breaching of this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

6.7 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive Services which are as described and supplied with reasonable skill and care. However, in any instance, our aggregate liability to you arising from any Event shall not exceed the portion of the Fee which you have already paid for said Event.

6.8 We are not liable for business losses. We only supply the Services for your use as a consumer. If you use the Services for any commercial or business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.9 We take no responsibility for the accuracy, currency, reliability and correctness of any information included in any Event provided by Event Providers. Should you enter into any agreement with any Event Provider(s) and suffer loss or damage as a result, we shall not bear any responsibility for the same. It is your responsibility to make your own investigations, decisions, enquiries about the information retrieved from Event Providers. Providing these Events does not imply any endorsement, non-endorsement or support by us.

7. Intellectual Property and Personal Data

7.1 All intellectual property rights developed and used in performing the Event(s) are either owned by us, the Event Provider, or a third-party supplier (the “Event IP”).

7.2 Nothing in this Agreement permits you to use any part of the Event IP for any purpose except for permitted use during your attendance at the relevant Event. You are strictly prohibited from recording all or any of the Event(s) including any photographic, audio or video recordings.

7.3 All intellectual property rights developed and used in the Material Pack are either owned by us; or under licence to us from the Event Provider or a third-party supplier. You may only use all and any parts of the Material Pack for personal and educational purposes. You may not:

(a)alter any part of the Material Pack; or

(b)copy or reproduce any part of the Material Pack; or

(c)sell any part of the Material Pack or supply any part of it to any third parties.

7.4 The Event may be photographed, filmed or recorded by us or by a third party. Purchasing your access to the Event through us confirms your permission to the filming and sound recording of yourself at the Event. If you have any objection, should this happen when you attend an Event, please contact a member of the venue management.

7.5 You hereby ACKNOWLEDGE AND AGREE that TSF’s premises and the premises at which an Event is held, including non-public areas, may be monitored regularly by closed circuit surveillance cameras (“CCTV”) for monitoring and security purposes. You agree and understand that some of your activities during your attendance at such premises will be recorded by such CCTV.

Personal Data Protection

7.6 For the purposes of this Agreement, “Personal Data” shall mean “data, whether true or not, about an individual who can be identified — (a) from that data; or (b) from that data and other information to which the Company has or is likely to have access; and/or any other personal data”, as defined under the Personal Data Protection Act 2012(the “PDPA”).

7.7 By signing this Agreement, you consent to the collection, use, storage, processing, both electronically and manually, and disclosure of your Personal Data, including without limitation, Personal Data already disclosed by you or on your behalf prior to the date hereto; any Personal Data which may subsequent hereto be furnished by you or on your behalf; as well as any other alteration to such data in the future, for the purposes of:

normal business practices related to your attendance at any Event;
for publishing your name, picture and professional credentials on our website/s and other publications for the promotion and marketing of us and/or the Event;
administration generally, including both during and after the Event;
delegate verification;
administering delegate benefits, administering benefits - for example, short and/or long-term compensation and bonus programs;
evaluating delegate performances;

7.8 You expressly and without any reservation consent, for the purposes of the Event and after its termination, to the disclosure of your Personal Data to any organisation related to the Event, including the Event Provider or any third party service provider performing functions on our behalf for the purpose of fulfilling the purposes in this Agreement. You acknowledge that in certain instances we may need to transfer or disclose your Personal Data to third parties, including third party service providers rendering services on our behalf, even third parties located out of Singapore. Common examples of third-party service providers are call centres, and firms providing supporting services – for example, food and travel and accommodation services, and others. Other third parties can include regulatory authorities, including tax authorities, and government agencies or, potentially, third parties with whom TSF may merge with or acquire in future.

7.9 You acknowledge and agree that we may retain your Personal Data for as long as we need for our legitimate business purposes and as required by relevant laws.

7.10 You shall immediately inform us of any change in your Personal Data – including, without limitation, your marital status, education, home address, home telephone number, mobile telephone number, emergency contact details, next of kin, professional qualifications, external business interests, external directorships and shareholdings - to such detail so as to allow us to remain in compliance with the PDPA. We shall endeavour to use reasonable efforts but shall not be obliged to procure Personal Data updates from you on a regular periodic basis. For the avoidance of doubt, we shall not be liable to you for any damage, claim and/or harm suffered by you as a result of your failure to update us of any change of your Personal Data. Should you fail to inform us of your new home address, any correspondence sent by us to your last home address shall be deemed to have been duly received by you.

7.11 By signing this Agreement, you agree and confirm that we and/or third parties acting on our behalf may also contact you for the purposes of offering you corporate benefits, promotions and invitations to events and lectures promoted by us for the benefit of delegates in accordance to our sole discretion. You hereby agree and confirm that we and/or any third parties acting on our behalf may contact you, for the purposes listed in this Clause 7.11, using all of your communication means in our possession, including, but not limited to, voice calls, Short Messaging Service, Multimedia Message Service, WhatsApp, Facebook Messenger, WeChat, LINE, KaKaoTalk, email, fax or other similar communications applications or methods. You may withdraw your consent in accordance with our Personal Data Policy. Please contact the Company’s Data Protection Officer at academy@tsf.com.sg for further information.

8. Cancellation, rescheduling, termination and refunds

8.1 You may terminate this Agreement within seven (7) days of the Commencement Date (the “Cooling Off Period”), without any liability in writing by delivering or sending (including electronic mail) a cancellation notice in writing to Us at 1, Yishun Industrial Street 1, #03-27, A’Posh Bizhub, Singapore 768160 or to academy@tsf.com.sg (the “Cancellation Notice”). Unless preparation for the Event has started, we shall refund to the money you have paid to us under this Agreement. If we have started to provide Services to you under this Agreement then we may deduct from any refund an amount for the period during which the services were supplied. If a refund is due from us to you, we will process it within fourteen (14) days.

8.2 If you choose to cancel your participation at the Event(s) for any reason after the Cooling Off Period mentioned above, you will not receive a refund for a cancellation made. We shall have no further liability to you in respect of the cancellation.

8.3 If the Event is rescheduled, changed or moved, the Event Provider will usually give you the option of either attending the Event on the new date and/or location, or alternatively claiming a refund. We shall have no liability to you in respect of rescheduling, changing or moving of an Event.

9. Events sold as part of Packages

9.1 All Events sold as part of a Package must be completed within the time frame specified in your written acceptance of the Order Form, or otherwise twelve (12) months from the date of this Agreement (the “Package Period”). It is your responsibility to complete the Events within the Package Period, and no refund shall be payable for any Events not undertaken in the Package Period. However, you may elect to extend the Package Period to complete any Events in the Package for an extension fee of Singapore Dollars Five Hundred (S$500) plus GST per year.

9.2 Where you purchase the Package, only you personally are entitled to attend the Events in the package. No individual Event is transferable to another person.

9.3 Any balance outstanding for a Package will become due and payable immediately following the expiry of the Package Period.

10. Transferring Tickets

Except in relation to a Package, in the event that you are unable to attend the Event(s) you have booked and paid for, you can transfer your ticket to a nominated new attendee subject to notifying us in writing at least fourteen (14) days before the applicable Event starts, and providing us with their full contact details. An administration fee of $100 plus GST will apply.

11. Limitation of Liability

Events are not our responsibility. We act only as organiser and booking agent to arrange your place at an Event. We do not provide any representations, warranties or promises in relation to the Event Provider or the Event itself, and we have no responsibility whatsoever for any loss or damage of any kind suffered at or in then the Event Provider or venue operator may refuse admission or require you to leave the venue. Amongst other things you will need to comply with health and safety rules and any security requirements (including security searches for the safety of those attending an Event). The venue or the Event Provider will have rights to refuse admission or eject you in certain circumstances.

12. Other important terms

12.1 This Agreement does not create any rights or obligations enforceable by or against anyone other than us, you and, as we contract as the Event Provider’s agent, the Event Provider who has direct rights and obligations under this Agreement.

12.2 If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.3 If we do not take action under this Agreement then that shall not prevent us from taking action later on.

12.4 Which laws apply to this Agreement and where you may bring legal proceedings. This Agreement is governed by Singapore law and you can bring legal proceedings in respect of the Services in the Singapore courts.

13.Privacy

We will use your personal information in accordance with Clauses 7.6 – 7.11 above; and in accordance with our Personal Data Protection Policy.

14.Attending an Event

Admission to an Event is at all times subject to any terms, conditions or rules of the Event Provider and the venue operator. If you breach those terms, conditions or rules.

15.Confidentiality

You shall not, whether during or after the termination or expiry of this Agreement, use or disclose or permit to be used or disclosed, or allow any of your officers, employees or agents to use or disclose to any third party, any information that is confidential except in the case where:

(a) such confidential information is used or disclosed with our prior written consent;

(b) such confidential information has become public knowledge other than as a result of unauthorized disclosure; or

(c) such confidential information is required to be disclosed to any governmental or regulatory authority or otherwise required to be disclosed by law or pursuant to an order of court of competent jurisdiction.

16. Notices

Except as otherwise provided in this Agreement, every notice, document or other communication shall:

(a) be in writing and in the English Language and shall be delivered personally or by AR Registered letter;

(b) be deemed to have been received, in the case of a letter delivered personally; or four (4) days after it has been put into the post; and be sent to Us at 1, Yishun Industrial Street 1, #03-27, A’Posh Bizhub, Singapore 768160; or to You at Your address set out in the Order Form , or to such other address as is notified by a party to the other party of this Agreement from time to time.

17. General

17.1 Entire Agreement

This Agreement embodies all the terms and conditions agreed upon between the parties that governs the relationship between the parties in relation to the Event, and supersedes any and all other contracts, representations, and arrangements, whether oral or in writing, heretofore made by the parties with reference to the subject matter hereof.

17.2 Amendments

This Agreement shall not be altered, changed, supplemented or amended except where mutually agreed in writing by the parties.

17.3 Severability

If any provision of this Agreement shall be prohibited by or adjudged by a court to be unlawful, void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances or the validity or enforcement of this Agreement.

17.4 No Waiver

Delay or failure by any party to exercise any of its powers, rights or remedies shall not preclude any other or further exercise of them. Any waiver to be effective must be in writing. The remedies provided in this Agreement are cumulative and not exclusive of any remedies provided by law.

17.5 Relationship of Parties

Nothing in this Agreement shall be deemed to constitute a partnership, joint venture or association between the parties or constitute any party as an agent of any other party, or render any party liable for the debts or liabilities of any other party.

17.6 Rights of Third Parties

A person not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any of the terms of this Agreement.

18. Dispute Resolution

18.1 Notwithstanding anything in this Agreement, in the event of any dispute, claim, question or disagreement arising out of or relating to this Agreement, or the breach thereof, no party shall proceed to litigation or any other form of dispute resolution unless the parties have made reasonable efforts to resolve the same through mediation in accordance with the mediation rules of the Singapore Mediation Centre.

18.2 A party who receives a notice for mediation from the other party shall consent and participate in the mediation process in accordance with Clause 18.1. Failure to comply with Clauses 18.1 or 18.2 shall be deemed to be a breach of contract and may be dealt with by either party in a court of competent jurisdiction.

18.3 In the event that mediation is unsuccessful, any dispute or difference between the parties arising out of or relating to or in connection with this Agreement including any question regarding its existence, validity or termination, shall be resolved by reference to arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force which rules are deemed to be incorporated by reference into this Clause. The commencement of any arbitration proceedings shall in no way affect the continual performance of your obligations under this Agreement, except in so far as such obligations relate to the subject matter of such proceedings. The arbitral tribunal shall consist of 1 arbitrator to be agreed upon between the parties. Either party may propose to the other the name or names of one or more persons, one of whom would serve as the arbitrator. If no agreement is reached within 30 days after receipt by one party of such a proposal from the other, the arbitrator shall be appointed by the Appointing Authority. The Appointing Authority shall be the Chairman of the SIAC. Any reference to arbitration under this Clause shall be a submission to arbitration within the meaning of the Arbitration Act (Cap. 10) for the time being in force in Singapore.

19. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Singapore.