Terms & Conditions
IMPORTANT-READ CAREFULLY: This agreement (“Agreement”) is a legal contract between You (either an individual being the legal guardian of the participant or a single business entity) and The Growing Up Club (GUC) for the GUC programs identified on this website under three core categories namely ‘physical activity’, ‘creative thinking’ and ‘leadership and team work’ (the “Services”).
BY PROCEEDING TO REGISTER FOR ANY GUC PROGRAM OR OTHER GUC SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT REGISTER FOR OR MAKE USE OF ANY GUC SERVICES, AND EXIT NOW.
Without prejudice to any other rights, The GUC may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement.
Upon receipt of registration fee from You by The GUC, you will be entitled to receive the Services as defined under the respective program, and in more detail on an offering-by-offering basis as necessary.
The GUC reserves the right to change any and all aspects of the Services without prior notice to you, including, but not limited to instructors, location, dates, and price.
- These general terms and conditions shall apply for all programs delivered by GUC.
- Participants must register in advance by paying the registration fee to take part in The GUC programs. Registration consists of filling out a form, either by hand or online, that is provided by The GUC. Registration also includes selecting the program/s and the batch the participant intends to attend.
- Participants will have to enroll in each GUC program at least for one term as defined in each program. Payments for one term to be paid in advance. The GUC shall not be liable to refund the program fee in the case of discontinuation of the program by the participants any time before the end of the term. For details, please refer to the “Refund Policy” of GUC.
- Termination by The GUC
- The GUC is entitled to terminate this contract if insufficient registration cannot guarantee proper or economically feasible to run the program your child has enrolled for. The GUC is also entitled to terminate the contract due to instructor illness, technical reasons, or other reasons beyond The GUC’s reasonable control.
- Before exercising this right of termination, The GUC will make every effort to reschedule the program with the participant’s consent. In case of rescheduling, the contract will remain in effect and will be amended with the consent of both parties. If the parties cannot agree on the amendment to the contract, the contract will be terminated, and any fees paid by You/the Customer will be reimbursed following the Refund Policy.
- Termination by the customer
- You are entitled to terminate the contract via written notice 10 days in advance at any time after completion of one term in the program your child has been enrolled in.
- Following the termination, You will be entitled to get a refund of the program fee in accordance with the Refund Policy of The GUC.
- You may wish to change the program without canceling the entire contract and in such case, You may utilize the amount you have already paid to enroll your child in another program. The GUC must receive written notice at least 5 business days before the first day of the Program. The participant will incur no additional costs except for the differential amount of Program fee, if any, and the contract will be considered as amended with consent of both parties.
- Right to The GUC program documents
- All GUC Program documents are intended for the exclusive personal use of the participant but not for any commercial purpose.
- The participant is not allowed to reproduce the GUC program documents, in particular to process them in electronic systems, duplicate, or modify them in any way, or distribute them in any form to third parties. All embedded knowledge and teaching systems provided by GUC to the participant on data storage media or made available on electronic networks are considered GUC documents.
- The participant is obligated to keep confidential all business and company secrets made known to him/her during the program. This obligation is not limited to the GUC Program period. The participant may not share these with a third party or use them for his/her own purposes without written permission from GUC.
- Indemnity & Limitation of Liability
- Each Party agrees to indemnify, defend and hold the other Party harmless and keep it indemnified from and against all direct losses, damages, penalties, costs, expenses and charges imposed on or incurred by the other Party as a result of any claims, demands, litigations, lawsuits and/or legal proceedings by a third party arising out of any act(s), omission(s), non-compliance or breach by the defaulting Party, including its officers or employees, of this Agreement or of directives, rules, regulations, instructions, or orders of any statutory, regulatory or municipal authority or any other applicable laws or third-party agreements, in the running, operation, maintenance and conduct of activities pursuant to this Agreement.
- The GUC is only liable to the participant, regardless of legal grounds, for willful misconduct or gross negligence on the part of GUC itself or its employees.
- In this case, liability for damages, consequential harm caused by a defect, not specified in the contract is excluded. Liability is limited to the amount paid by participant for The GUC Program for one single case of damage.
- Contractual claims for damages by the participant against The GUC are subject to a limitation period of six months from the date on which the right arose, notwithstanding shorter legal limitation periods.
- In online courses, internet connectivity of the instructors cannot always be guaranteed. The GUC is not liable if access is not available for short periods of time.
- Governing Law & Dispute Resolution
- The Governing law of this Contract is the Laws of Bangladesh.
- Any dispute or difference that may arise in respect of any provisions of this Agreement and the matter(s) thereof shall be settled amicably within 30 (thirty) days from the date of such dispute, failing of which the Parties shall refer the matter for arbitration under the Arbitration Act 2001 of Bangladesh. The decision in Arbitration shall be final and binding on both the parties.
- The participant must obtain prior written permission from The GUC to transfer all rights stipulated in the contract.
- Changes and supplements to these terms and particularly warranties and agreements must be specified in writing to serve as a point of controversy. Oral agreements are not valid.
- If any of these terms are found to be invalid, the validity of the remaining provisions of this Agreement shall not be affected.