Date of last modification: 4 Jan 2016
Terms & Conditions of Sale
- Definitions & Interpretation
1.1 “Attendee” means a participant of the course or event
1.2 “Customer” means an authorised user of the Platform and/or the Services.
1.3 “Customer Contract” shall be as defined in Clause 2.5.
1.4 “Commencement Date” means the date on which the Programme is due to commence
1.5 “Force Majeure” means any cause beyond INSEAD’s control such as but not limited to, acts of God, fires, floods, earthquakes, storms, explosion, epidemic, quarantine, sabotage, riot, civil commotions, accidents, delivery delays of sub-contractors and the like.
1.6 “Intellectual Property” means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.7 “Listing Price” means the price of Courses listed for sale to Customers, as stated on the Platform.
1.8 “Losses” means all losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
1.9 “Order” means your order for Courses sent through the Platform in accordance with the Terms & Conditions of Sale.
1.10 “Password” refers to the valid password that a Customer who has an account with Yan Academy may use in conjunction with the Username to access the relevant Platform and/or Services.
1.11 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.
1.12 “Platform” means (a) both the web and mobile versions of the website operated and/or owned by Yan Academy which is presently located at the following URL: www.yanacademy.com.
1.13 “Course” means a course, class, event or service available for sale to Customers on the Platform.
1.14 “Third Party Vendor” means a seller which, with Yan Academy’s permission, uses the Platform and/or Services to sell Courses to Customers, and excludes Yan Academy.
1.15 “Seller” means a seller of Courses as described in Clause 2.3, and includes a Third Party Vendor.
1.16 “Services” means services, information and functions made available by Seller at the Platform.
1.17 “Terms & Conditions of Sale” means Clauses 1 to 11 and any Schedules to these terms and conditions.
1.19 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
1.20 “Username” refers to the unique login identification name or code which identifies a Customer who has an account with Yan Academy.
1.21 “Yan Academy Indemnitees” means Yan Academy and all of its respective officers, employees, directors, agents, contractors and assigns.
1.22 “Yan Academy” refers to the website at URL www.yanacademy.com and its operating business entity L4 Pte. Ltd., a company incorporated pursuant to the laws of Singapore under registration number 201542851W and having its registered address at Blk403A Fernvale Lane, 791403 Singapore.
1.23 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
- Interpretation: Any reference in these Terms & Conditions of Sale to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In these Terms & Conditions of Sale, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms & Conditions of Sale. In the event of a conflict or inconsistency between any two or more provisions under these Terms & Conditions of Sale, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of Yan Academy and the provision which is more favourable to Yan Academy shall prevail.
- Purchase of Courses
2.1 Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Courses through the Platform, as well as any amendments to the aforementioned, issued by Yan Academy (whether as part of use of the Platform or in relation to the purchase of Courses, on behalf of Seller), from time to time. Yan Academy reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2.2 Course description: While Seller endeavours to provide an accurate description of the Courses, neither Yan Academy nor Seller warrants that such description is accurate, current or free from error. In the event that the Course you attended is of a fundamentally different nature from the Course as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.
2.3 Sellers: Courses are sold by “Sellers”. Yan Academy may be a “Seller” for selected Courses. “Seller” may also refer to a party other than Yan Academy (such party referred to in these Terms & Conditions of Sale as a “Third Party Vendor”). Whether a particular Course is listed for sale on the Platform by Yan Academy or a Third Party Vendor may be stated on the webpage listing that Course. Courses sold to you by Sellers will be governed by individual Customer Contracts (more details below in Clause 2.6) which:
2.3.1 for Courses sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you; and
2.3.2 for Courses sold by Yan Academy, shall be agreements entered into directly and only between Yan Academy and you.
2.4 Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Place Order” button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
2.5 Seller’s reservation of rights in respect of Orders: All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Seller accepting your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Course(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.
2.6 Termination by Seller in the event of pricing error: Seller reserves the right to terminate the Customer Contract, in the event that a Course has been mispriced on the Platform, in which event Yan Academy shall, on behalf of Seller, notify you of such cancellation by giving three days’ notice. Seller shall have such right to terminate such Customer Contract whether or not Courses have been dispatched or are in transit and whether payment has been charged to you.
2.7 Customer’s acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either Yan Academy or Seller.
2.8 No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9:
2.9 Intellectual Property:
2.9.1 Where course materials, pre-readings, technical handbooks or manuals, drawing or other data (all collectively referred to as “Course Materials”) are supplied to the Customer by Seller in connection with the Order, the use and retention of the Course Materials are subject to the terms and conditions of licence or use (such as end-user licences, restrictions or conditions of use) as may be prescribed by Seller or its licensors and must not be used other than strictly in accordance with such terms and conditions.
2.9.2 The Customer agrees and acknowledges that the Course Materials shall remain the property of Seller or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Course Materials shall remain the sole and exclusive property of Seller or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of Yan Academy has been obtained, the Customer undertakes to return the Course Materials and/or any copies thereof upon Yan Academy’s request.
- Delivery of Courses
3.1 Seller will use reasonable endeavour to deliver the Course as described in the course page on Yan Academy website. Seller shall be entitled to adapt the Course at all times and consequently to alter the timetable, syllabus, location, number of classes, individual(s) teaching or external service providers to the Course and method of delivery of the Course.
3.2 Seller may cancel the order without cause or prejudice at any time and no full refund can be made: if the Customer or the Attendee commits a breach of the Terms or for reasons of Force Majeure.
3.3 Customer / Attendee’s obligations:
3.3.1 The Attendee must be punctual, attend all appropriate lectures, sessions, workshops, practical and theoretical activities of the entire Courses and Events as required by Seller, and contact the Seller directly if unable to attend any class.
3.3.2 The Attendee must at all times behave with honesty show courtesy, consideration and respect during the Course or Event. Attendees are expected to avoid any behaviour or conduct that could be interpreted as an inappropriate behaviour by another Attendee, Seller, and/or Third parties. Inappropriate Behaviour may include but not exclusively: unwelcome conduct whether verbal, physical or visual that denigrates or shows hostility or aversion toward an individual including but not exclusively because of his or her gender, colour, religion, national origin, age, disability or sexual orientation.
- Prices of Courses
4.1 Listing Price: The price of the Courses payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform).
4.2 Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
5.1 General: You may pay for the Course using any of the payment methods prescribed by Yan Academy from time to time. When you place an Order, actual payment will be only charged upon Seller’s acceptance of your Order and formation of a Customer Contract. All payments shall be made to Yan Academy, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). You acknowledge that Yan Academy is entitled to collect payments from you on behalf of Third Party Vendors.
5.2 Additional terms: The payment methods may be subject to additional terms as prescribed by Yan Academy from time to time.
5.3 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include Yan Academy), for any failure, disruption or error in connection with your chosen payment method. Yan Academy reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
5.4 Invoicing: Seller may invoice you upon the due date of any payment under a Customer Contract.
5.5 You acknowledge that your order will be processed only upon receipt of web registration by clicking on “Place Order” button. Your Order will only be confirmed upon receipt of full payment of the course fee by Yan Academy. Upon receiving your Order, Seller will reserve the seat for 7 days or until 14 days before the Course / Event commencement date, whichever is earlier.
5.7 Yan Academy and Sellers reserve the right to accept / reject any Order.
- Cancelation and Refund
- Cancellation by Customer:
- 100% refund of course fee paid by Customer if the Customer cancel the Order by written notification to Yan Academy at email@example.com at least 14 days before the Course / Event commencement date
- 50% refund of course fee paid by Customer if the Customer cancel the Order by written notification to Yan Academy at firstname.lastname@example.org between 3 to 14 days before the Course / Event commencement date
- No Refund for no show, or any cancelation less than 3 days before the Course / Event commencement date.
- Cancellation by Customer:
- Replacement of Attendee:
- For replacement of Attendee for a registered Event / Course, a written notice, together with the full particulars of the new participant, must be submitted and received by Yan Academy 3 days before Event / Course commencement. There is no fees or refund for such replacement.
- Seller reserves the rights to accept or decline the replacement request.
- In the following conditions, Customer may request for refund within 3 days after the course or event completion date. Customer has 3 days to request for refund of course fee by contact Yan Academy through “Contact” page or through email email@example.com.
- The Course you attended is of a fundamentally different nature from the Course as described on the Platform and which you have ordered.
- If the Course did not take place at the given date.
- In both condition, Yan Academy reserves the right to determine if such a claim or request is valid.
- Cancellation by Seller:
- For certain Courses (i.e. Courses / Events), Seller shall specify the number of target Attendees and cut-off date to recruit so many number or Attendee in order to conduct the course or events. If the course or event could not meet the target number, course or event will be cancelled and Customer will receive full refund of the course fee already paid by the Customer.
- Seller also reserves the right to cancel any Course / Event at its absolute discretion without assigning any reason for such cancellations. In the event that the Customer’s class is cancelled prior to its commencement, Yan Academy will make a full refund of all course and exam fees (if any) already paid by the Customer.
- Refund of Payment:
- All refunds shall be made via the original payment mechanism and to the person who made the original payment, where refunds will be made via bank transfer into the individual’s bank account provided that complete and accurate bank account details are provided to us.
- We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
- All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by Yan Academy.
- We reserve the right to modify the mechanism of processing refunds at any time without notice.
- Questions and complaints
If you have any questions or complaints, please contact Yan Academy using the “Contact” page on the Platform. Yan Academy will liaise with Sellers on your questions and complaints.
- LIMITATION OF LIABILITY
8.1 SOLE REMEDIES OF CUSTOMER: THE REMEDIES SET OUT IN CLAUSE 6 ARE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR NON-CONFORMITY OF OR DEFECTS IN THE COURSES.
8.2 MAXIMUM LIABILITY: NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS & CONDITIONS OF SALE, SELLER’S MAXIMUM CUMULATIVE LIABILITY TO YOU OR TO ANY OTHER PARTY FOR ALL LOSSES UNDER, ARISING OUT OF OR RELATING TO THE SALE OF COURSES UNDER EACH CUSTOMER CONTRACT, WILL NOT EXCEED THE SUMS THAT YOU HAVE PAID TO SELLER UNDER SUCH CUSTOMER CONTRACT.
8.3 EXCLUSION OF LIABILITY:
8.3.1 ALTHOUGH THE COURSES CONDUCTED BY SELLERS ARE FOR EDUCATIONAL PURPOSES, NEITHER YAN ACADEMY NOR THE SELLER MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THE QUALIFICATION OR APPOINTMENT OF INSTRUCTORS THAT ANY REGISTRANT WILL OBTAIN ANY PARTICULAR RESULT, INCLUDING, WITHOUT LIMITATION, PASSING ANY EXAMINATION OR MASTERING ANY PARTICULAR DISCIPLINE OR SKILL OR ACHIEVE ANY OTHER TANGIBLE RESULT.
8.3.2 YAN ACADEMY AND SELLERS SHALL NOT BE LIABLE TO ANY CUSTOMER, ATTENDEES, OR ANY THIRD PARTY FOR ANY PERSONAL INJURIES OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR FOR LOST PROFITS) RESULTING FROM THE REGISTRANT’S APPLICATION FOR OR ATTENDANCE OF ANY COURSE CONDUCTED BY YAN ACADEMY OR ITS SELLERS.
8.3.3 THE CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS YAN ACADEMY AND ITS SELLERS, ITS INSTRUCTORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND PARTNERS FROM AND AGAINST ANY CLAIM, DEMAND OR LEGAL PROCEEDING, INCLUDING LEGAL EXPENSES, MADE BY ANY THIRD PARTY OR ARISING FROM OR OUT OF THE REGISTRANT’S BREACH OF THE TERMS AND CONDITIONS HEREIN.
9.1 References to “Yan Academy”: References to “Yan Academy” in these Terms and Conditions of Sale apply both to Yan Academy’s actions on its own behalf as Seller and/or as the operator of the Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Customer Contract.
9.2 Right to subcontract: Third Party Vendors shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions of Sale to Yan Academy or any of Yan Academy’s designated service providers, subcontractors and/or agents.
9.3 Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and Seller’s rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.
9.4 No waiver: Seller’s failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. Seller would still be entitled to use its rights and remedies in any other situation where you breach these Terms & Conditions of Sale.
9.5 Severability: If at any time any provision of these Terms & Conditions of Sale shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms & Conditions of Sale.
9.6 Rights of third parties: A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms & Conditions of Sale, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms & Conditions of Sale.
9.7 Governing law: These Terms & Conditions of Sale shall be governed b, and construed in accordance with the laws of Singapore and you hereby submit to the exclusive jurisdiction of the Singapore courts.
9.8 Except as provided for in Clause 9.7, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Singapore International Arbitration Centre (SIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties.
9.9 Injunctive relief: Seller may seek immediate injunctive relief if Seller makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
9.10 Amendments: Seller may by notice issued jointly with Yan Academy through the Platform or by such other method of notification as Seller may designate solely through Yan Academy (which may include notification by way of e-mail), vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Seller specifies through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms & Conditions of Sale. Seller’s right to vary these Terms & Conditions of Sale in the manner aforesaid will be exercised with the joint involvement of Yan Academy (either via the Portal or such other means as Yan Academy prescribes) and subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Sale. The version of Terms & Conditions of Sale applicable to any particular Order is the latest version in force.
9.11 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.
9.12 Currency: Money references under these Terms & Conditions of Sale shall be in Singapore General Dollars.
9.13 Language: In the event that these Terms & Conditions of Sale is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms & Conditions of Sale shall govern and shall take precedence over the Foreign Language Version.
9.14 Entire agreement: These Terms & Conditions of Sale shall constitute the entire agreement between you and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
9.15 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by Seller or its service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Seller and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
9.16 Subcontracting and delegation: Yan Academy reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms & Conditions of Sale and reserves the right to use any service providers, subcontractors and/or agents on such terms as Yan Academy deems appropriate.
9.17 Assignment: You may not assign your rights under these Terms & Conditions of Sale without Seller’s prior written consent. Seller may assign its rights under these Terms & Conditions of Sale to any third party.
9.18 Force Majeure: Neither Yan Academy nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Yan Academy’s or Seller’s reasonable control.