Terms and Conditions

1.Definitions

  1.  “Newton Exercise College” refers to The PEI (NEC) offering fitness, wellness courses, group classes and professional training services.
  2. “Member/Student” refers to any individual enrolled in a course or using the facilities of Newton Exercise College.
  3. “Course” refers to any educational program or class offered by Newton Exercise College.
  4. “Services” refers to all the programs, retreats, activities, classes, and facilities provided by Newton Exercise College.

 2. Course information and fees 

2.1 The PEI shall provide the Course as set out in Schedule A to the Student. The PEI shall not make any change to any detail of the Course set out in Schedule A unless it has obtained the prior written consent of the Contracting Party and, where required under the Private Education Act 2009 or the subsidiary legislation thereunder, the prior written consent of SSG.
For the avoidance of doubt, if it is stated in Schedule A that the Course includes industrial attachment, the PEI shall use reasonable endeavours to ensure that such industrial attachment is provided to the Student.

2.2 The PEI represents and warrants that:
(a) The person stated in Item 8 of Schedule A is the Developer/Proprietor of the Course and that the PEI has obtained all necessary permissions, licenses and approvals for the provision of the Course to the Student.
(b) It has obtained SSG’s permission to conduct the Course and that it has not made any such changes to the Course which would require it to re-apply to SSG for permission to conduct the Course.
(c) The PEI has verified that the Student meets the Course entry requirements set out in Item 10 of Schedule A.
(d) The information set out in Items 1 to 5 and 7 to 17 of Schedule A is correct, complete and not inconsistent with the details submitted to the SSG to obtain its permission to provide the Course.

2.3 PEI undertakes that the Student will be awarded or conferred the qualification stated in Item 7 of Schedule A by the organization named in Item 9 of Schedule A upon the Student’s successful completion of the Course, and having met all the requirements of the award/qualification.

2.4 The parties agree that Schedule B and Schedule C set out all fees payable (potentially or otherwise) by the Contracting Party to the PEI for the Course or arising from the Student’s undertaking of the Course.

2.5 The Contracting Party shall pay the Course Fees in the amount and by the timelines as stated in the instalment schedule in Schedule B and the Miscellaneous Fees as per the timelines stated in each invoice for the Miscellaneous Fees issued by the PEI to the Contracting Party.
The PEI considers a payment made [ ] days/month after the scheduled due date(s) in Schedule B for the Course Fees and [ ] days/month after the scheduled due date(s) in the invoices for the Miscellaneous Fees as late. The PEI will explain to the Student its policy for the late payment of Course Fees and Miscellaneous Fees, and any impact on the Course/module completion (if applicable).

3. Termination and Refund Policy (Please refer to the diagram in Schedule E)
3.1 The PEI will notify the Student in writing within three (3) working days after becoming aware of any of the following (each a “Refund Event”):
(a) It cannot commence the provision of the Course on the Course Commencement Date;
(b) It cannot complete the provision of the Course by the Course Completion Date;
(c) The Course will be terminated before the Course Completion Date;
(d) The Student does not meet the course entry or matriculation requirements as stated in Schedule A; or
(e) The Immigration & Checkpoints Authority of Singapore (the “ICA”) rejects the Student’s application for the Student Pass.
3.2 Where any of the Refund Events in Clause 3.1(a) to (c) above has occurred:
(a) The PEI shall use reasonable efforts to make alternative study arrangements for the Student and shall propose such alternative study arrangements in writing to the Contracting Party, within ten (10) working days of informing the Contracting Party of the Refund Event.
(b) If the Contracting Party accepts such alternative study arrangements, the PEI shall set forth such alternative study arrangements in a written contract and this Contract shall automatically terminate on the date that such new written contract comes into effect.
(c) If the PEI does not propose alternative study arrangements to the Contracting Party within the time stipulated in Clause 3.2(a) above, or the Contracting Party does not accept such alternative study arrangements, the Contracting Party may forthwith terminate this Contract by way of a written notice to the PEI.
3.3 Where any of the Refund Events in Clauses 3.1(d) to (e) has occurred, the PEI shall forthwith terminate this Contract by way of a written notice to the Contracting Party.
3.4 If the Contract is terminated pursuant to Clause 3.2(b) read with Clause 3.1(a), the PEI shall refund all Course Fees and Miscellaneous Fees paid by the Contracting Party within seven (7) working days of the termination.
3.5 If the Contract is terminated pursuant to Clause 3.2(b) read with either Clause 3.1(b) or Clause 3.1(c), the PEI shall refund the Course Fees and Miscellaneous Fees in proportion to the uncompleted portion or duration of the Course, whichever is higher, to the Contracting Party within seven (7) working days of the termination.
3.6 If the Contract is terminated pursuant to Clause 3.3 or Clause 3.2(c) read with Clause 3.1(a), the PEI shall refund all Course Fees and Miscellaneous Fees paid by the Contracting Party within seven (7) working days of the termination.
3.7 If the Contract is terminated pursuant to Clause 3.2(c) read with either Clause 3.1(b) or Clause 3.1(c), the PEI shall refund the Course Fees and Miscellaneous Fees in proportion to the uncompleted portion or duration of the Course, whichever is higher, to the Contracting Party within seven (7) working days of the termination.
3.8 Refund for Withdrawal During the Cooling-Off Period:
Notwithstanding anything herein contained, the Contracting Party shall be entitled to, without any liability whatsoever to the PEI, forthwith terminate the Contract at any time within the Cooling-Off Period by way of a written notice to the PEI. The PEI shall return all Course Fees and Miscellaneous Fees paid to it within seven (7) working days of the receipt of the written notice.
3.9 Refund for Withdrawal Outside the Cooling-Off Period:
Without prejudice to Clauses 3.1 to 3.8 above, the Contracting Party may terminate the Contract at any time before the Course Completion Date by providing a written notice to the PEI. Upon receipt of such notice, the PEI shall within seven (7) working days, refund to the Contracting Party such amount (if any) as determined in accordance with Schedule D.

4. Additional Information 
4.1 This Contract shall be interpreted in accordance with the laws of Singapore. Subject to the Private Education (Dispute Resolution Schemes) Regulations 2016, the courts of Singapore shall have exclusive jurisdiction to settle any claim, dispute or disagreement arising out of or relating to this Contract.
4.2 If any provision of this Contract is adjudged to be illegal, invalid or unenforceable, in whole or in part, such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of this Contract and shall not affect the validity, legality and enforceability of the remainder of this Contract.
4.3 The PEI shall treat all personal information provided by the Student or Contracting Party as strictly confidential and shall not disclose any such personal information to any third-party, unless it has obtained the prior written consent of the Contracting Party or such disclosure is required under the law.
4.4 This Contract contains the whole agreement between the parties in respect of its subject matter and supersedes all previous discussions, correspondences and understanding between the parties in respect of such subject matter.
4.5 In no event shall any delay, failure or omission on the part of either party in exercising any right, power, privilege, claim or remedy arising under or pursuant to this Contract constitute a waiver of that right, power, privilege, claim or remedy, unless expressly given in writing. No waiver of a breach of this Contract shall be deemed to be a waiver of any other or subsequent breach of this Contract.
4.6 If this Contract is also signed in or translated into any language other than English, the English language version shall prevail in the event of any inconsistency.
4.7 A person who is not a party to this Contract shall have no right under the Contracts (Right of Third Parties) Act 2001 to enforce any of its terms.

 5.Use of Facilities

  1. Students are required to adhere to all posted rules and regulations regarding the use of facilities.
  2. Lockers are provided to store personal belongings during class sessions. Newton Exercise College is not responsible for any loss or damage to personal property.
  3. Students must maintain cleanliness and orderliness in all college facilities.

 6.Attendance and Conduct

  1. Regular attendance is mandatory. Students must notify the administration of any absences.
  2. Students are expected to conduct themselves in a respectful and professional manner at all times.
  3. Any form of misconduct, including cheating, harassment, or damage to college property, may result in disciplinary action, including expulsion.

 7.Health and Safety

  1. Students must inform the college of any medical conditions that may affect their ability to participate in courses.
  2. Participation in physical activities is at the student’s own risk. Newton Exercise College is not liable for any injuries sustained during classes.
  3. Instructors may provide hands-on adjustments during classes to ensure proper technique and prevent injury. Students must communicate any discomfort or preference to avoid such adjustments.

 8.Packages

  1. Groups must assign a Pack Leader before purchasing a Share Package, The Pack Leader will manage the account and receive notifications regarding the Share Package.
  2. No extensions or rollovers will be given on any Packages.
  3. Newton Exercise College will not facilitate any negotiation of disputes between Package Members.
  4. All Class Package purchases are final and non-refundable.

 9.Special Circumstances and Right to Transfer of Package

  1. A one-time transfer of a non-shareable Class Pack is allowed before the expiration date at no additional cost. The validity period remains unchanged.
  2. Shareable Class Packs and All Access Passes are not eligible for transfers.
  3. Partial transfers are not permitted.

 10.Lost or Damaged Personal Property: Newton Exercise College provides lockers and maintains CCTV in common areas but is not liable for any damage, theft, loss, or destruction of personal property within its premises.

 11.Waiver and Release

  1. By participating in any courses or activities, students acknowledge the inherent risks involved and release Newton Exercise College from liability for any injury or damage incurred.
  2. Students may be denied access to classes and facilities if deemed to be at physical risk by the college staff.

 12.Dispute Resolution

Any concerns or disputes should be addressed by contacting Newton Exercise College at nexcollege@gmail.com or writing to Newton Exercise College, Attention: THE ADMIN TEAM. The email should include the student’s name, address, a description of the concerns, and the specific relief sought.

 13.Links and Third-Party Sites

Newton Exercise College is not responsible for the content of any third-party websites linked to its site. Use of third-party sites is at the student’s own risk.

 14.Intellectual Property Rights

  1. All content, design, text, graphics, and software on the Newton Exercise College website and app are property of Newton Exercise College and may not be used without permission.
  2. Students may view and print content for personal use but must not distribute or reproduce it without authorization.

 15.Warranty Disclaimer and Limitation of Liability

  1. Newton Exercise College provides all services on an “as-is” basis and does not guarantee accuracy, completeness, or fitness for a particular purpose.
  2. Newton Exercise College is not liable for any direct, indirect, special, or consequential damages arising from the use of its services.

 16.Photo Waiver

By enrolling, students consent to Newton Exercise College using their images for marketing purposes.

 17.Physical Condition of Members

  1. Health Warranty: The member/student affirms that they have no physical disabilities, impairments, or ailments that would prevent them from participating in exercise activities or that could be detrimental to their own health, safety, comfort, or physical condition, or that of others.
  1. Consultation with Physician: Members/Students are responsible for consulting a physician before starting any exercise program. They understand that engaging in physical exercise, training, and instruction provided by NEC personnel may cause injury or pose risks of abnormal body changes. By participating voluntarily in these activities, students assume all risks associated with them.

18.Liability

Newton Exercise College is not liable for any injuries or abnormal body changes resulting from participation in activities.

 19.Physical Evaluation

NEC will not conduct any evaluations of the member’s physical condition that might identify risk factors contradicting or prohibiting physical exercise before the member starts or continues any exercise activity. NEC is not liable for any injury or abnormal body changes resulting from the use of its facilities and training or instruction by its personnel.

20.Health and Safety

The member agrees not to use any NEC facilities if they are suffering from any infections, contagious illnesses, diseases, or other ailments such as open cuts, abrasions, open sores, or minor infections that could risk to the health, safety, comfort, or physical condition of other members.

21. Cancellation

  1. We may cancel a contract if the product is not available for any reason. We will notify you and return any payment that you have made. We will refund any money received from you using the same method used by you to pay for the product. Postpone products, your deposit will be credited into your NEC system which can be used for any courses.
  2. We do not allow cancellation of orders by customers. Please review your order carefully before placing the order, once orders are placed, we are not able to modify or cancel it.
  3. The management reserves the right to terminate any membership with or without notice or explanation by refunding the prorated advance payment. A member whose membership is terminated shall forfeit all membership privileges immediately. Upon termination, the member must settle all outstanding debts.

22. By enrolling in Newton Exercise College, students agree to abide by these Terms and Conditions

23.Contact Us

For any questions about these Terms and Conditions write in. 

24.Choice of Law

These Terms and Conditions are governed by the laws of Singapore.

25.Changes to Terms and Conditions

Newton Exercise College reserves the right to make changes to these Terms and Conditions at any time. Continued use of services constitutes acceptance of the new terms.