Introduction:

The following outlines the Terms & Conditions accepted by The Client in engaging a MindFlex Premium Tutor under the Organisations “MindFlex Premium Pte. Ltd., 202422117R” & “MindFlex Education Pte. Ltd., 202206896K”, collectively known as “MindFlex”.

Definitions:

“MindFlex Premium Scheme” refers to a tuition provision scheme where MindFlex provides The Client with tutoring services via a MindFlex Premium Tutor. MindFlex will act as an agent, facilitating the arrangement of tuition services between The MindFlex Premium Tutor and The Client.

“The MindFlex Premium Tutor” or “The Tutor”: refers to a registered MindFlex tutor who has been onboarded onto the MindFlex Premium Scheme.

“The Client”: refers to an individual or organisation who has engaged a tutor via the MindFlex platform.

1. Purpose & Duration of Agreement

This Agreement seeks to establish the Terms & Conditions governing the relationship between The Client and MindFlex under the MindFlex Premium Scheme. It outlines the responsibilities, obligations, and rights of both parties throughout the engagement. This Agreement will commence on the date of submission and last indefinitely until the termination of The MindFlex Premium Tutor’s services.

2. Scope of Service

2.1. MindFlex will provide The Client tutoring services conducted by a MindFlex Premium Tutor. These are highly qualified and experienced educators who have undergone a rigorous vetting process, including interviews and onboarding procedures conducted by MindFlex.

2.2. MindFlex will make best efforts to continuously monitor the performance of The MindFlex Premium Tutors to ensure the delivery of exceptional tuition services to its clients. MindFlex will maintain regular communication with The Client to gather feedback and address any issues promptly.

2.3. MindFlex will make best efforts to maintain clear and transparent communication for all parties. A WhatsApp group chat will be created to facilitate communications between The Client, The Tutor and MindFlex. Private messaging between The Client and The MindFlex Premium Tutor is strictly prohibited. This ensures that MindFlex stays fully informed of all lesson arrangements and is able to keep necessary written records to facilitate smooth coordination for all parties.

3. Non-Solicitation / Non-Poach Agreement

3.1. During the terms of this Agreement and for a period of one year after the termination of this Agreement, The Client agrees not to attempt to solicit or induce any MindFlex Premium Tutors for purposes of providing tutoring services outside the scope of MindFlex’s business.

3.2. Clients who have engaged a MindFlex Premium Tutor under the MindFlex Premium Scheme are not allowed to engage the services of The MindFlex Premium Tutor privately without the involvement of MindFlex.

3.3. The Client should not engage in actions involving the persuasion of The MindFlex Premium Tutor to terminate their association with MindFlex.

3.4. MindFlex reserves the right to pursue legal actions and seek compensation for any damages, monetary or consequential loss resulting from the breach of these terms in Point 3. MindFlex has a strict zero-tolerance policy towards the solicitation and poaching of Mindlex Premium Tutors. Any breach of these terms will also result in an automatic permanent ban of The Client and The MindFlex Premium Tutor from all MindFlex’s business platforms.

4. Benefits of the MindFlex Premium Scheme

4.1. Along with the MindFlex Premium Scheme, The Client will receive a MindFlex Premium Card and entitled its promotions from partnering brands. (Q4 2024 / Q1 2025 onwards)

4.2. Should The Client terminate the engagement of a MindFlex Premium Tutor, their account and corresponding entitlements within the MindFlex Premium Card will be withdrawn.

4.3. MindFlex reserves the right to add, remove or modify the benefits and partnerships under the MindFlex Premium Scheme at any given point of this Agreement.

5. Lesson Postponement

5.1. “Lesson Postponement” is defined as when The Client or The MindFlex Premium Tutor reschedules a pre-arranged lesson, with the intention of continuing The Tutoring arrangement for the foreseeable future.  

5.2. Any postponement of lessons should be coordinated directly between The MindFlex Premium Tutor and The Client via the WhatsApp group chat created by MindFlex to ensure transparency and effective communication.

5.3. Lesson Postponement made by The Client:

If The Client makes a postponement of the first or any subsequent lessons of the assignment, the following terms shall apply:

5.3.1. If The Client informs of the lesson postponement with a less than 24-hour notice of the scheduled lesson, The Client will be charged a last-minute postponement fee, equivalent to 50% of 1 lesson.

5.3.2. If The Client informs of the lesson postponement with a more than 24-hour notice of the scheduled lesson, The Client will not be charged any last-minute postponement fee.

5.3.3. In the case of any last-minute lesson postponement made by The Client due to medical reasons, family emergencies, or any other exceptional cases, MindFlex reserves the right to determine if a last-minute postponement fee is required.

5.3.4. The last-minute lesson postponement fee may also be waived if mutually agreed between The Client and The MindFlex Premium Tutor. This communication may be made through the WhatsApp group chat with MindFlex in writing. MindFlex will respect this mutual consensus and not charge any lesson fee to The Client.

5.4. Lesson Postponement made by The MindFlex Premium Tutor:

If The MindFlex Premium Tutor makes a postponement of the first or any subsequent lessons of the assignment, the following terms shall apply:

5.4.1. The MindFlex Premium Tutor is required to provide a 24-hour notice before the scheduled lesson. If The Tutor is unable to provide a 24-hour notice, a strong valid reason with reasonable proof must be given. This is to ensure accountability to The Client and MindFlex.

5.4.2. It will be The MindFlex Premium Tutor’s responsibility to propose an alternative date to make up for the postponed lesson. If a postponed lesson within the week is not possible, The MindFlex Premium Tutor will make best efforts to ensure that lessons resume the following week based on the agreed schedule.

5.4.3. Frequent and unreasonable lesson postponements will be monitored by MindFlex,  which may result in penalties against The MindFlex Premium Tutor. These penalties include the removal of The MindFlex Premium Tutor from the assignment, or from the MindFlex Premium Scheme entirely.

6. Assignment Termination

6.1. “Assignment Termination” is defined as when The Client or The MindFlex Premium Tutor terminates the lesson arrangement, without the intention of continuing lessons for the foreseeable future. In general, a 1-lesson notice period is required from either party to terminate the assignment.

6.2. Assignment Termination By The Client:

The Client should inform MindFlex directly about any termination of the assignment before conveying it to The MindFlex Premium Tutor. The Client may also request for MindFlex to inform The Tutor about the assignment termination on his/her behalf.

6.2.1. No Lessons Completed:

If The Client decides to completely terminate the first lesson of an assignment without intentions of commencement, the following terms shall apply:

6.2.1.1. If The Client informs of the assignment termination with a less than 24-hour notice of the first scheduled lesson, The Client will be charged a last-minute termination fee, equivalent to 1 lesson.

6.2.1.2. If The Client informs of the assignment termination with a more than 24-hour notice of the scheduled lesson, The Client will not be charged any last-minute termination fee.

6.2.2. Termination Between Lessons 1 to 4:

In general, The Client is required to commit to at least 4 lessons with The MindFlex Premium Tutor. However in exceptions, if an assignment termination occurs between the 1st and 4th lesson without intentions of continuation, the following terms shall apply:

6.2.2.1. The Client will be required to pay a penalty of 1 additional lesson fee.

6.2.2.2. However, The Client will not be required to pay a penalty if The Tutor is found to be any of the following:

• In breach of Professional Obligations or Code of Conduct determined by MindFlex.
• Incompetent in teaching the assigned academic level & subject.

If the termination is due to any of the above reasons, The Client or MindFlex may terminate the assignment with immediate effect with no penalty imposed on The Client. This will be determined on a case-by-case basis by MindFlex.

6.2.3. Termination After 4th Lesson:

If The Client decides to terminate the assignment anytime after the 4th lesson without intentions of continuation, the following terms shall apply:

6.2.3.1. In general, a 1-lesson notice period is required from The Client to terminate the assignment. This notice period may be waived if mutually agreed between The Client and The Tutor. This communication may be made through the WhatsApp group chat with MindFlex in writing.

6.3. Assignment Termination By The Tutor

In any case of an assignment termination by The Tutor, MindFlex will make best efforts to find a suitable replacement at the earliest time possible, to mitigate any disruptions to the student’s learning.

6.3.1. No Lessons Completed:

6.3.1.1. It is The Tutor’s responsibility to ensure that he/she is able to commit for a reasonable long-term period before accepting an assignment.

6.3.1.2. Any termination of the assignment at any point of time after the Confirmation Note has been sent needs to be accompanied by a valid reason.

6.3.1.3. MindFlex reserves the right to determine what constitutes a valid reason for termination. Examples of valid reasons include: medical reasons, family emergencies, serious unforeseen circumstances. Examples of invalid reasons include: traveling inconveniences due to distance, taking up another preferred assignment.

6.3.1.4. Unreasonable lesson terminations will be monitored by MindFlex which may result in penalties against The MindFlex Premium Tutor. These penalties include the removal of The MindFlex Premium Tutor from the assignment, or from the MindFlex Premium Scheme entirely.

6.3.2. Termination Between Lessons 1 to 4:

If The MindFlex Premium Tutor decides to terminate the assignment between the 1st and 4th lesson without intentions of continuation, the following terms shall apply:

6.3.2.1. In general, The MindFlex Premium Tutor is expected to commit to at least 4 lessons with The Client.

6.3.2.2. The MindFlex Premium Tutor must provide a valid reason to justify the termination of lessons with The Client within the 1st 4 lessons. If the assignment was cancelled without a valid reason provided, this will be noted by MindFlex and will leave a mark on The Tutor’s track record.

6.3.3. Termination After 4th Lesson

If The MindFlex Premium Tutor decides to terminate the assignment after the 4th lesson without intentions of continuation, the following terms shall apply:

6.3.3.1. The MindFlex Premium Tutor is required to serve a 1-lesson notice period and provide a reason for termination which will be relayed to The Client.

6.3.3.2. This 1-lesson notice period can be waived if mutually agreed upon by The Client. This communication may be made through the WhatsApp group chat with MindFlex in writing.

6.4. Reasons for Immediate Assignment Termination

6.4.1. The assignment may be terminated with immediate effect by The Client or MindFlex if there are found to be significant changes in the details of the tuition arrangement. Examples of these would include: A complete change of tuition location or tuition mode, unresolvable changes in lesson schedule.

6.4.2. The Client or MindFlex may terminate the assignment with immediate effect if The MindFlex Premium Tutor is found to be in breach of any Professional Obligations or Code of Conduct outlined by MindFlex.

6.5. Any remaining balance in The Client’s wallet will be refunded via Bank Transfer/PayNow within 2 weeks from the date of the final lesson.

6.6. MindFlex values open communication and mutual understanding with our clients. Should any issues arise, we encourage The Client to communicate with us promptly to resolve them amicably.

7. Payment Processing

7.1. Payments for tutoring services with The MindFlex Premium Tutor will be collected in advance, in blocks of 4 lessons minimally unless otherwise advised by MindFlex.

7.2. The Client will have access to a dedicated MindFlex Premium App, enabling them to mark lessons as completed after each lesson. Upon The Client’s approval of the lesson attendance within the MindFlex Premium App, corresponding payments will be thereafter disbursed to The MindFlex Premium Tutor.

7.3. These payments will be deducted from The Client’s designated wallet, exclusively allocated for the specified tutoring arrangement. In instances of anomaly arrangements, such as lessons extending beyond the agreed duration, any additional time will be appropriately deducted from The Client’s wallet balance.

7.4. Attendances which have not been acted upon (approved or rejected) within 1 month will be automatically approved and the corresponding payment will be released to The Tutor.

7.5. The Client shall receive notifications when the balance in their designated wallet reaches 1 lesson left, to prompt The Client to top up their wallet balance with the necessary fees for the following block of lessons.

7.6. Should The Client’s balance fall below 1 lesson, The Tutor will be informed not to proceed with any subsequent lessons till the account has been topped up,

8. Adherence to Terms & Conditions

8.1. All clients that engage MindFlex Premium Tutors under the MindFlex Premium Scheme are required to adhere to the terms and conditions set forth by MindFlex and this Agreement.

8.2. MindFlex reserves the right to make periodic updates, changes, and improvements to the MindFlex Premium Scheme.

8.3. Updates to the Terms & Conditions of the MindFlex Premium Scheme will be clearly communicated via email to The Client engaging MindFlex Premium Tutors.

9. Confidentiality

9.1. Throughout the term of this Agreement, and for a period of 1 year thereafter, both parties shall maintain the confidentiality of any and all information disclosed by one party to the other in connection with this Agreement. This includes but is not limited to the contents of this Agreement, trade secrets, proprietary information, business plans, financial data, and any other information marked as confidential or that would reasonably be considered confidential. Both parties agree not to disclose such information to any third party without prior written consent from the disclosing party. This confidentiality obligation shall survive the termination or expiration of this Agreement.

10. Indemnity Clause 

10.1. The Client agrees to indemnify, defend, and not hold MindFlex (its officers, directors, employees, agents, successors) responsible, and assigns from and against any losses, liabilities, damages, claims, actions, costs, and expenses (including reasonable attorney fees) arising out of or related to:

10.1.1 Any breach of the terms and conditions outlined in this Agreement by The Client , including but not limited to the non-solicitation and non-poach agreement regarding MindFlex Premium Tutors;

10.1.2. Any violation of applicable laws or regulations by The Client in relation to the engagement of tutoring services or interactions with MindFlex Premium Tutors.

10.1.3. Any negligent or wrongful act or omission by The Client or any party acting on behalf of The Client, including but not limited to misrepresentation of lesson details or mismanagement of tutoring sessions;                                

10.1.4. Any damages or consequence arising from The Tutor’s own deeds or omissions in the course of providing services under this Agreement. The Organisation is not liable for any personal misconduct, negligence, or other actions taken by The Tutor.

10.1.5. Any dispute or disagreement between The Client and The MindFlex Premium Tutor arising out of or related to the provision of tutoring services under this Agreement, including but not limited to issues regarding scheduling, performance, or payment.

10.2. The Client agrees to promptly notify MindFlex Education Pte. Ltd. of any claim or demand for indemnification and to provide MindFlex with reasonable assistance, at The Client’s expense, in defending any such claim or demand.

10.2.1. This indemnification provision shall survive the termination or expiration of this Agreement and shall be binding upon the parties and their respective successors and assigns.

10.3. It is imperative to note that MindFlex reserves the right to update or modify any part of this Agreement. Any updates to the Agreement will be notified via e-mail or text message. We appreciate your understanding and cooperation in this regard.

Data Protection Notice 

This Data Protection Notice (“Notice”) sets out the basis which MindFlex (“we”, “us”, or “our”) may collect, use, disclose or otherwise process personal data of our clients in accordance with the Personal Data Protection Act (“PDPA”). This Notice applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.

1. Personal Data 

1.1. As used in this Notice: “The Client” means an individual who (a) has contacted us through any means to find out more about any goods or services we provide, or (b) may, or has, entered into an agreement with us for the supply of any goods or services by us; and “personal data” means data, whether true or not, about a Client who can be identified:

a. from that data; or

b. from that data and other information to which we have or are likely to have access.

1.2. Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include your name, contact information such as your address, email address or telephone number and financial information such as your bank account information.

1.3. Other terms used in this Notice shall have the meanings given to them in the PDPA (where the context so permits).

2. Collection, Use and Disclosure of Personal Data 

2.1. We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the PDPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).

2.2. We may collect and use your personal data for any or all of the following purposes:

a. performing obligations in the course of or in connection with our provision of the goods and/or services requested by you;

b. verifying your identity;

c. responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;

d. managing your relationship with us;

e. processing payment or credit transactions; complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;

3. Withdrawing Your Consent

3.1. The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.

3.2. Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it.

3.3. Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request.

4. Protection of Personal Data

4.1. To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption and the use of privacy filters to secure all storage and transmission of personal data by us, and disclosing personal data both internally only on a need-to-know basis.

4.2.  You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

5. Accuracy of Personal Data

5.1. We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our team via email to mindflex.management@gmail.com.

6. Retention of Personal Data

6.1. We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.

6.2. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.

7. Data Protection Officer

7.1. You may contact our Data Protection Officer if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, via email to mindflex.management@gmail.com.