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Terms & conditions.

Our terms & conditions.
1. GENERAL

  1. The Terms and Conditions herein apply to TBF Academy and IVDC Vietnam, Ho Chi Minh City.

  2. The student must pay full tuition and fees prior to attending any courses. Failure to pay tuition and fees will subject Student to forfeit all rights to attend TBF Academy courses.

  3. All classes, services and/or materials are provided subject to these terms and conditions and any prior warranty or representation made by or on behalf of the Vendor is hereby expressly withdrawn.  The Student does not rely upon any prior warranty or representations made by or on behalf of TBF Academy.

  4. These terms and conditions embody the entire agreement between the parties in respect of the subject matter of the classes, services or materials provided by TBF Academy, its officers, shareholders, staff, and employees; and, succeeds and cancels all other agreements, negotiations, commitments and writings and may not be discharged, changed or modified unless by a written instrument signed by the parties.

  5. No time or indulgence or waiver of TBF Academy’s rights under these terms and conditions will constitute a waiver or release of any breach committed by the Student.

  6. Any invalidity or unenforceability of any of these terms or part of any term shall in no way affect the remaining terms, and all other provisions that are self-sustaining and capable of separate enforcement without regard to any invalid provisions will be and continue to be valid and enforceable in accordance with their terms.

  7. These terms and conditions and a number of any Fees payable may be varied by notice in writing to the Student.

  8. These terms and any agreement between the parties and the rights and obligations of the parties under these terms will be made in, governed and interpreted by and enforced in accordance with the laws in force in Vietnam.

  1. The student agrees to provide full details of any medical condition and medical history to TBF Academy and to provide a written notice to TBF Academy of any medication being taken or required to be taken by the Student, and any allergies suffered by the Student.

  2. In the event that the Student is involved in an accident, sustains an injury or becomes ill whilst under the supervision or in the care of TBF Academy:

    1. TBF Academy will attempt to contact the Student’s emergency contact as soon as reasonably practicable, and will endeavor to obtain the consent of a parent or guardian prior to TBF Academy seeking urgent medical treatment for students under the age of 18; and

    2. I hereby authorize TBF Academy and/or IVDC Vietnam to obtain any medical treatment for the Student as may be deemed necessary by TBF Academy and/or IVDC Vietnam or staff acting on behalf of TBF Academy and/or IVDC Vietnam. I, the Student and each of the Student’s parents or guardians agree to fully pay all expenses incurred by TBF Academy and/or IVDC Vietnam or its officers, staff or agents as a result of any medical treatment obtained for or given to the Student and hereby indemnify and hold harmless TBF Academy and/or IVDC Vietnam and its officers, staff and agents for any expense, loss, damage or liability of any kind and nature whatsoever and however caused or occasioned as a result of authorising or providing or arranging for any such medical treatment.

2. ILLNESS - MEDICAL ATTENTION
3. SUPERVISION

  1. TBF Academy will endeavor to provide reasonable care to the Student while the Student is under the care or supervision of TBF Academy if the Student is under 18 years of age. However, I understand, acknowledge and agree that TBF Academy and/or IVDC Vietnam is not liable for any damage, accidents, injury, loss, expense or liability that may occur as a result of the Student undertaking classes or activities provided by TBF Academy and/or IVDC Vietnam whilst under TBF Academy and/or IVDC Vietnam supervision. I understand that all costs incurred as a result of any damage, injury, loss, expense or liability that may be caused to public and/or private property by the Student will be completely paid by me.

4. PAYMENT OF FEES

  1. Tuition fees must be in full before the first day of each course and payments are governed by as follows:

    1. The fees and/or charges specified to these terms and conditions, and any other fees or charges notified by TBF Academy by prior written notice from time to time (“the Fees”) must be paid in advance for each COURSE:

      1. ALL payments must be made in FULL and ON TIME in order to obtain any special offers or discounts made available by TBF Academy. Existing Students are required to pay the full term’s fees at re-enrolment, irrelevant to when the student starts attending classes. If you have notified TBF Academy of your start date at least 2 weeks in advance, you will be charged at a pro-rata rate. New students will pay the term’s fees at enrolment, at a pro-rata rate to when the student starts attending classes. Students MUST sign the consent section of the Application Form and provide TBF Academy staff with Photo Identification at the time of Enrolment.

      2. Partial payment of tuition and fees in cash or cheque are not accepted by TBF Academy. If there is financial difficulty, TBF Academy will come to an arrangement with Students to pay fees in FULL before class starts.

      3. A late fee of 200,000VND for administration costs may be charged to students who do not pay their fees within the first two weeks from the beginning of each course. If you are issued with a Fee Payment Reminder Letter from TBF Academy, your fees will be defined as being late, and this fee will apply also. Every additional Reminder Letter will also incur additional Late Fee costs.

      4. Term payments of the Fees CAN NOT be spread over any period of time - the full amount of the Fees must be paid in FULL on or before the first day of the term, failing which TBF Academy reserves the right to suspend provision of classes or services to the Student in the absolute discretion of TBF Academy.

      5. The Fees quoted are exclusive of and do not include any Value Added Tax (“VAT”) that may be payable in relation to the provision of the classes or services unless otherwise stated, and in the event that VAT is payable, the Student or their parents or guardians must pay to TBF Academy an additional amount equal to the amount of any VAT payable by the supplier of those classes or services.

      6. TBF Academy has the right to issue legal and debt recovery action against Students who have not paid overdue fees as requested. Students will risk TBF Academy filing claims for their overdue fees in Vietnamese courts.

    2. Any special prices and/or offers which may be offered by TBF Academy are quoted per student, and per course.

    3. All payments are non-refundable and students will be charged for non-attendance for prepaid lessons. There will be no cash refunds for fees paid under any circumstances. We may offer credits or refunds to customers on a case-by-case basis, as determined by TBF Academy Management due to extenuating circumstances. Credits will not be offered to customers who simply “change their mind”. If a credit or refund is permitted, TBF Academy reserves the right to deduct the cost of books and learning materials already supplied to the Student and other administration costs from the refunded fees.

    4. If the Student is absent, the Student may request from the course instructor to pick up or have posted or e-mailed to them, the corresponding LESSON and/or HOMEWORK sheets for a lesson or period in which they were absent, in lieu of their pre-payment for their lesson(s).

    5. Always ask for a receipt. You must retain your original receipt of payment of tuition fees at all times in order to verify and track payment of your fees. TBF Academy staff have the right to ask you to provide proof of payment for term fees at any time. The Student must retain their original receipt of payment of the Fees issued by TBF Academy at all times in order to verify and track payment of fees.

    6. Students who lose their Course Workbooks or materials will be asked to replace it for a cost of 500,000VND.

    7. We do not provide free or paid trial classes.

5. CONDUCT

  1. I acknowledge and agree that I will:

    1. Use best endeavors to ensure that I meet the requirements of any course or courses of study in which I am enrolled from time to time;

    2. Not engage in any unacceptable, delinquent, unlawful or criminal behavior;

    3. Not do anything to vitiate or void any insurance policies of TBF Academy and IVDC Vietnam;

    4. Use best endeavors to ensure that I attend all scheduled classes except where there is a legitimate reason for non-attendance which has been accepted by TBF Academy ;

    5. Observe and comply with these terms and conditions and any rules and/or code of conduct published or advised by TBF Academy and IVDC Vietnam from time to time; and

    6. Use best endeavours to ensure that I am responsible for TBF Academy and IVDC Vietnam books, materials, computers, equipment, personal items and/or property, does not cause any damage to property of other students or of TBF Academy and IVDC Vietnam or its officers, staff or agents, and hereby releases, indemnifies and holds TBF Academy and IVDC Vietnam harmless from and against any and all liability, damage, injury, loss or expense to such items however caused.

  1. TBF Academy and IVDC Vietnam reserves the right to undertake or administer any lawful and necessary disciplinary action in relation to or involving the Student arising from any breach of these terms or failure to comply with applicable rules and/or codes of conduct, including without limitation, engaging in any unacceptable, delinquent, unlawful or criminal behaviour. I understand that the consequences of such conduct may include TBF Academy and IVDC Vietnam:

    1. seeking an interview with me and/or other parents or guardians of the Student to discuss troublesome or disruptive conduct or behavioral problems;

    2. banning or excluding me or other parents or guardians of the Student from entering or being present in or at any premises or courses of TBF Academy in the event of me or other parents or guardians of the Student engaging in any unacceptable, delinquent, unlawful or criminal behaviour; disrupting any classes provided by TBF Academy ; or disrupting the management or operation of TBF Academy and IVDC Vietnam’s business; and/or

    3. in extreme cases, suspending, expelling and/or excluding the Student from further classes and/or tuition.

6. DISCIPLINE
7. CLASSES

  1. TBF Academy reserves the right to cancel any or all classes at any time during the year. In the event of cancelled classes, any fees paid for classes will be refunded on prorate basis.  I understand that TBF Academy and/or IVDC Vietnam will not be made liable for any damages incurred as a result of cancelled classes.

8. LIMITATION OF LIABILITY

  1. I acknowledge and agree that TBF Academy and/or IVDC Vietnam do not give any guarantee of improved academic results or of any particular level of academic achievement of the Student arising from provision of the classes, tuition, services or materials provided by TBF Academy , and I acknowledge that any results obtained by the Student are dependent on factors not within the control of TBF Academy, including the application and ability of the Student, their diligence, the amount of study and/or homework done by the Student, the nature, and content of tests or examinations.  To the maximum extent permitted by law, TBF Academy and/or IVDC Vietnam do not give any warranty as to the characteristics, the suitability for their purpose or the quantity of any classes, tuition, services or materials provided by TBF Academy.

  2. TBF Academy and/or IVDC Vietnam will not under any circumstances be liable for poor academic results, professional advancement or employment results, or otherwise in the event that the Student does not receive a professional advancement, receives a worse than anticipated academic report, or fails a test at school or employment.

  3. TBF Academy’s liability for a breach of any condition in relation to classes, tuition, services or materials offered or provided by it is hereby limited to:

    1. in the case of goods, any one or more of the following:

      1. the replacement of the goods or the supply of equivalent goods;

      2. the repair of the goods;

      3. the payment of the cost of replacing the goods or acquiring equivalent goods; or

      4.  the payment of the cost of having the goods repaired; or

    2. in the case of services:

      1. the supplying of the services again; or

      2. the payment of the cost of having the services supplied again, within a period not exceeding twelve calendar months after the classes or services have been provided.

  4. Except as provided in these terms and to the extent permitted by law, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the classes, tuition, services or materials offered or provided by TBF Academy otherwise are expressly excluded.

  5. TBF Academy and/or IVDC Vietnam will not be liable in contract, tort (including without limitation, negligence or breach of statutory duty) or otherwise in any way whatsoever to compensate the Student or their parents or guardians or employers for:

    1. Any physical or financial injury, loss, damage, increased costs or expenses;

    2. Any loss of profit, revenue, business, contracts or anticipated savings;

    3. Any loss, damage or expense resulting from a claim by a third party; or

    4. Any special, indirect or consequential loss or damage of any nature whatsoever caused by any defect or delay or for any other reason whatsoever, arising out of the supply, provision or operation of the classes, tuition, services or materials provided or arising out of TBF Academy’s negligence or in any way whatsoever.

9. MISCELLANEOUS

  1. TBF Academy will only correct and/or mark homework if any such homework is returned to TBF Academy for that purpose on or before the due date set by the instructor – it is the Student’s responsibility to complete any homework and submit it to TBF Academy for marking or correction. It is not the responsibility of TBF Academy to make any follow-up or to ensure that the Student makes any attempt to do or complete any homework. TBF Academy does not provide a homework/tuition and correction service. TBF Academy does not provide a parenting service or child care. TBF Academy does not wish to lecture students about homework or impose it on them. TBF Academy will provide homework but won’t enforce attempt or completion of any such homework - ensuring attempt and/or completion of any homework is the responsibility of the Student.

10. FORCE MAJEURE

  1. TBF Academy and/or IVDC Vietnam will not be liable for any failure to perform, and will be relieved of, its obligations under these terms occasioned by force majeure including (but without limiting the generality of the foregoing) war, legislation, civil commotions, fire, flood, tempest, earthquake, riot, theft, crime, war, explosion, act of God, strike, lockout, sabotage, embargo, labour employment difficulties, accident, breakdown, restriction, prohibition or any action by any government or quasi-government authority, and any other causes outside the reasonable control of TBF Academy and/or IVDC Vietnam or their supplier.

  1. The Student, and if the Student is under 18 years of age, the parent(s) and/or guardians of the Student, for and on behalf of their children, heirs, executors, administrators, and representatives, agree to release, indemnify and defend TBF Academy and/or IVDC Vietnam (“indemnify” meaning protect by reimbursement or payment), with respect to all claims, liabilities, losses, suits or expenses (including costs and reasonable legal fees), made or brought by anyone, including a co-participant, third party, the Student, parents or guardians of the Student, or any member of the Student’s family, arising out of any injury, damage, death or other loss in any way connected with the Student's enrollment or participation in TBF Academy and/or IVDC Vietnam activities or use of TBF Academy and/or IVDC Vietnam services, equipment, tuition, facilities or materials, however, caused.

11. INDEMNITY
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