Terms of Service

General Terms of Service

All Students and Clients (“Clients”), by virtue of their participation in the Packages and Services offered and/or their acceptance of the Registration, Terms and Conditions and Waiver Form by MakeSense Studio Pte. Ltd. (UEN: 202451277E) (“MSS”), hereby agree to be bound by the Terms of Service (“TOS”) set out herein.

1. Definitions and Interpretations

  1. 1.1 In this TOS, unless the context clearly states another intention:
    1. 1.1.1 reference to one gender includes all other genders;
    2. 1.1.2 reference to the singular include the plural and vice versa;
    3. 1.1.3 words importing persons shall be construed as including any natural or legal persons, including but not limited to individuals, sole proprietorships, companies and partnerships;
    4. 1.1.4 use of headings in this TOS are for convenience only and should not affect the interpretation of the clauses contained in this TOS;
    5. 1.1.5 any obligations on any part not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
    6. 1.1.6 “MSS” or “Staff” where used, shall include the legal entity MakeSense Studio Pte. Ltd. (UEN: 202451277E”) and all of its directors, employees, contractors, agents and officially appointed representatives;
    7. 1.1.7 “Fees” indicate any pricing for services, products or programs set by MSS which are subject to change at MSS’s sole discretion;
    8. 1.1.8 “Services”, “Packages”, or “Products”, where used, refer to any service, products or programs offered by MSS whether performed, in-person, online and whether performed gratuitously or for a fee;
    9. 1.1.9 “Clients”, “Client” or “You” where used, refer to any person or persons who undertake or has entered into a contract with MSS for the supply of goods and services;
    10. 1.1.10 “Premises” where used, refers to any physical location where MSS conducts its Services or business;
    11. 1.1.11 “Policy” or “Policies” where used, shall mean any policy, direction or instructions, whether included in this TOS or not, created and issued by MSS at any time and at its sole discretion to govern and manage its business operations;
    12. 1.1.12 “Personal Data” means data, whether true or not, about a Client who can be identified from that data or, from that data and other information to which MSS will have or is likely to have access.
    13. 1.1.13 any reference to writing or notices includes, post, fax, email and any other similar means of communication;
    14. 1.1.14 Any reference to time shall mean Singapore time;
    15. 1.1.15 Any words following the terms “including,” “include,” “in particular,” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms;
    16. 1.1.16 any reference to any statute, legislation or subsidiary legislation shall be read as referring to such statute, legislation or subsidiary legislation as amended, submitted or re-enacted from time to time.

2. Introduction and Acceptance

  1. 2.1 All Clients, by virtue of their participation in the Packages and Services provided by MSS, agree to be bound by all the terms of this TOS and any oral or written instructions given by MSS from time to time.

3. Acknowledgement of Risk

  1. 3.1 All Clients agree and acknowledge that the Packages and Services provided by MSS includes physical exercise which has an inherent risk of personal injury, may aggravate or accelerate any existing injury, and may even carry the possibility of death (“Inherent Risks”).
  2. 3.2 All Clients agree and acknowledge that they are participating in the Packages and Services freely and of their own volition in full acknowledgment of the Inherent Risks.
  3. 3.3 Clients must inform MSS if there are any potential risks to their health or physical wellbeing prior to commencement of any of the Packages and Services. Clients acknowledge and understand that MSS Staff are not medically trained and therefore not qualified to assess or diagnose if they are in good physical condition.
  4. 3.4 In the event of a medical emergency, Clients authorise MSS to secure any necessary emergency medical response deemed necessary for their immediate care. Client’s agree that they will waive and release MSS from any all claims with regard to the assistance rendered and agree that they will bear all costs associated with said medical assistance.

4. Limitation of Liability and Indemnification

  1. 4.1 All Clients and their permitted assigns, expressly agree to waive, release, indemnify and hold harmless, MSS and its Staff from any and all liability, whether arising out of negligence or not, for any injuries, damages or losses sustained as a result of entering its premises, participating in MSS’s Services or from the usage of its equipment to the full extent permitted by statutory or case law.
  2. 4.2 Should MSS be found liable for any loss which you may suffer as a result of any acts or omissions by MSS, Client’s agree that MSS’s liability shall be limited to the amounts stipulated in MSS’s insurance policies covering such loss.
  3. 4.3 All Clients shall be responsible for their own personal property while in any of MSS premises. MSS shall not be held responsible or liable for any theft or damage to a Clients personal property.
  4. 4.4 MSS does not guarantee any results or outcomes regarding the Services provided.

5. Payments and Refunds Policy

  1. 5.1 All Fees must be paid in full and in advance, prior to the utilisation of any of MSS Services.
  2. 5.2 As a general rule, all Fees paid are final and there will be no refunds for any Fees paid. Refunds, if any, will be subject to MSS’s sole discretion and may take the form of credit which may be utilised on other MSS’s Packages and Services.
  3. 5.3 Client’s must ensure that there are sufficient funds in their nominated bank account or credit and debit cards to purchase the Packages and Services from MSS.
  4. 5.4 MSS will not be responsible for any additional charges that you may incur with your bank, credit or debit card, or any other preferred payment method.
  5. 5.5 Should Clients attempt to issue a chargeback with their credit card company, the Client’s purchased Packages or Service will automatically be terminated and the Client will lose all access and privileges associated with the purchased Packages or Service.

Note: Due to file length, this version includes a full sample through Section 5. Remaining sections will follow the same structure when completed.

6. Services

  1. 6.1 All Clients should refer to MSS list of Packages and Services on its website, social media accounts, print advertisements or any other medium that MSS may choose from time to time, for the most updated information on Packages and Service offerings.
  2. 6.2 MSS reserves the right to change, amend, alter or cancel any of its Packages and Services and pricing unilaterally at any time and without notice.
  3. 6.3 Any promotions, promo codes or special discounts granted by MSS shall be subject to MSS’s sole discretion and may be issued or revoked at any time without prior notice.
  4. 6.4 MSS reserves the right to change instructors, classes, class schedules or locations at any time and without notice. You will not be compensated for any change in classes, instructors or location.
  5. 6.5 All Clients must observe any Policies in force at the time. MSS may issue ad hoc or standing polices that are not included in this TOS. Clients, by virtue of their consent and participation in the Services, are deemed to have agreed to all Policies.
  6. 6.6 Clients must take care of MSS’s equipment and fixtures when in MSS premises. Clients may be charged for any damage caused to any MSS equipment or property.
  7. 6.7 MSS and its staff reserve the right to remove any Clients from its premises for any reason.

7. Cancellation Policy

  1. 7.1 All Clients are allowed to cancel their classes up to twelve (12) hours prior to your class or session without any penalty or deduction.
  2. 7.2 If a Client cancels their class or session with less than twelve (12) hours to their class timing or, is a no-show, they will forfeit the class from their Package and no refunds or replacement classes will be issued.
  3. 7.3 Clients who are late to classes or session may still join the class. However, no replacement or pro-rata of time or fees will be provided.
  4. 7.4 MSS may cancel classes due to extenuating circumstances. MSS will make every possible arrangement for a replacement class as soon as practicably possible. Clients will not be compensated for cancelled classes.

8. Consent to Photography and Videography

  1. 8.1 MSS may, from time to time, conduct filming or photography for the purposes of research, marketing or general purposes (“Photography”). All Clients consent to MSS undertaking said Photography and using their image from any filming or photography. All Clients further agree to waive all rights with respect to any of the imagery taken by MSS.

9. Collection and Use of Personal Data

  1. 9.1 MSS values its Client’s personal privacy and will adhere to all provisions as set out in the Personal Data Protection Act 2012 (“PDPA”). This section sets out the basis upon which MSS may collect, use, disclose or otherwise process personal information that has been collected.
  2. 9.2 Some types of Personal Data MSS may collect include a Client’s name, NRIC, FIN or Passport number, residential or work address, email address, phone number, nationality, gender, date of birth, marital status, photographs, employment information, audio-visual information, employment information, financial information, credit or debit card information, bank account information.
  3. 9.3 MSS generally does not collect personal data unless it is provided to MSS voluntarily by the Client or via a third party who has been duly authorized by Clients to disclose personal data to MSS.
  4. 9.4 MSS may collect and disclose a Client’s personal data for any or all of the following purposes:
    1. 9.4.1 performing obligations in the course of or in connection with the provision of Services requested by the Client;
    2. 9.4.2 Responding to, handling, and processing queries, requests, applications, complaints and feedback from the Client;
    3. 9.4.3 Managing the Client relationship with MSS;
    4. 9.4.4 Processing payment or credit transactions;
    5. 9.4.5 Sending Client’s marketing information about MSS’s goods and services including notifying Clients of MSS’s marketing events, initiatives and promotions;
    6. 9.4.6 Complying with any applicable laws and regulations;
    7. 9.4.7 Transmitting to any affiliated or unaffiliated third parties including our third-party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes;
    8. 9.4.8 Any other purposes for which Clients have provided the information; and
    9. 9.4.9 any other incidental business purposes related to or in connection with the above.
  5. 9.5 A Client may withdraw their consent to the use of their Personal Data by MSS at any time by providing written notice to MSS. Withdrawal of consent does not affect MSS’s right to continue to collect, use and disclose Personal Data in situations where such collection, use and disclosure without consent is permitted or required by applicable laws. It may take up to thirty (30) working days for MSS to completely cease and remove your Personal Data from MSS’s database.
  6. 9.6 MSS has undertaken all necessary measures to protect your personal data including, software, administrative, physical and technical measures. However, no system, method of transmission or storage method may be completely secure. Clients acknowledge this and will not hold MSS responsible for any breach, unintentional leak or disclosure of their Personal Data.
  7. 9.7 MSS may retain a Client’s Personal Data for as long as may be necessary to fulfil the purposes of which it was collected, or as required or permitted by applicable laws.

10. Non-Competition

  1. 10.1 Clients agree not to engage any active MSS staff or instructor outside of MSS premises for a period six (6) months following the completion or expiry of any packages or Services term without the express written permission of MSS.

11. Intellectual Property

  1. 11.1 All intellectual property including but not limited to logos, designs, programs, educational materials, marketing materials, videos, photos and guides provided to Clients remain the intellectual property of MSS and are for personal consumption only. No reproduction or registration is allowed without the express written consent of MSS.

12. Amendments

  1. 12.1 MSS reserves the right amend to unilaterally amend this TOS and all Policies at any time without prior notice.
  2. 12.2 Any knowledge, acquiescence or indulgence by MSS of any of its Policies or its TOS, does not constitute a waiver of said terms.

13. Severability

  1. 13.1 If any part of this TOS becomes illegal, invalid, or unenforceable, that part or provision shall be ineffective to the extent of such invalidity or unenforceability.

14. Third Parties

  1. 14.1 A person who is not a Client by definition of this TOS has no rights under the Contracts (Rights of Third Parties) Act 2001 to enforce this TOS.

15. Governing Law

  1. 15.1 The Clients and MSS agree that this Agreement shall be construed and governed by the laws of the Republic of Singapore and both the Clients and MSS agree to submit to the jurisdiction of the Courts of Singapore.