ICAN LEARNING CENTRE

  • SERVICE AGREEMENT & TERMS AND CONDITIONS

This Agreement is entered into between the parties identified below:

  • Party 1
  • Party 2
  • ICAN Learning Centre (“the Centre”)
  • The Customer, Student, Parent, or Legal Guardian (“the Client”)

By enrolling in any programme provided by ICAN Learning Centre, Party 2 agrees to be bound by the following Terms and Conditions.

ARTICLE 1 — DEFINITIONS

  • 1.1 "Services" refers to all educational programmes offered by ICAN Learning Centre, including but not limited to English courses, IELTS preparation, TOEFL preparation, SAT preparation, and other academic programmes.
  • 1.2 "Session" refers to a scheduled class, tutoring appointment, or instructional period as agreed upon between both parties.
  • 1.3 "Enrollment" refers to the formal registration of the Client into any programme or course offered by the Centre.
  • 1.4 "Fees" refers to all charges, tuition, registration costs, and materials fees payable by Party 2 to Party 1.
  • 1.5 "Validity Period" refers to the duration within which enrolled sessions must be utilised, as specified in the relevant programme package.

ARTICLE 2 — GENERAL TERMS

  • 2.1 Party 2 agrees to comply with all policies, procedures, and regulations set by Party 1.
  • 2.2 Party 1 reserves the right to modify schedules, instructors, learning methods, and course materials when necessary to maintain the quality of education. Party 2 will be notified of any significant changes in a timely manner.
  • 2.3 Enrollment is considered confirmed only upon receipt of full or agreed partial payment as specified in the relevant programme package.
  • 2.4 All fees are due prior to the commencement of services unless a written payment plan has been explicitly agreed upon.
  • 2.5 Party 1 reserves the right to suspend services in the event of non-payment or outstanding dues.
  • 2.6 Fees are subject to change. Party 1 shall provide no less than 30 (thirty) calendar days’ written notice prior to implementing any fee adjustment.
  • 2.7 Party 1 reserves the right to update these Terms and Conditions at any time. Any material updates will be communicated to Party 2 with a minimum of 14 (fourteen) calendar days’ prior notice. Continued use of the Centre’s services following the notice period shall constitute acceptance of the revised terms.

ARTICLE 3 — CLASS SCHEDULE & ATTENDANCE

  • 3.1 Party 2 agrees to attend classes according to the agreed schedule.
  • 3.2 If Party 2 is unable to attend a session, Party 2 must notify Party 1 at least 24 (twenty-four) hours prior to the scheduled session. Failure to provide such notice may result in forfeiture of the session fee.
  • 3.3 Missed sessions without prior notice may be considered forfeited and will not be rescheduled.
  • 3.4 Rescheduling requests are subject to instructor availability and Party 1’s operational considerations.
  • 3.5 Repeated last-minute cancellations by Party 2 (more than 3 times in a calendar month) may result in the suspension of scheduling privileges at Party 1’s discretion.
  • 3.6 Party 1 reserves the right to reschedule sessions in the event of:
    • Instructor unavailability
    • Technical or operational issues
    • Force majeure events
    • Other legitimate operational requirements
  • 2.7 Party 1 reserves the right to update these Terms and Conditions at any time. Any material updates will be communicated to Party 2 with a minimum of 14 (fourteen) calendar days’ prior notice. Continued use of the Centre’s services following the notice period shall constitute acceptance of the revised terms.

In such cases, Party 1 shall notify Party 2 as early as practicable and shall offer an alternative session at no additional cost, or issue a service credit of equivalent value.

ARTICLE 4 — COURSE VALIDITY

  • 4.1 Each programme or course package has a Validity Period as determined by Party 1 and communicated at the time of enrollment.
  • 4.2 Sessions not utilised within the Validity Period shall be considered expired and will not be eligible for refund or carry-over, unless an extension has been approved in accordance with Clause 4.3.
  • 4.3 Extension requests must be submitted in writing to Party 1 prior to the expiration date. Extensions are subject to approval by Party 1 and may be subject to an administrative fee.
  • 4.4 Party 1 shall not be obligated to approve extension requests submitted after the Validity Period has lapsed.

ARTICLE 5 — REFUND POLICY

  • 5.1 General Principle

    All payments made to ICAN Learning Centre are generally non-refundable. However, the Centre recognises that exceptional circumstances may arise, and refunds or service credits may be granted under the specific conditions set out in this Article.

  • 5.2 Conditions Eligible for Refund

    Refunds shall be considered in the following circumstances:

    1. Scheduling Error by Party 1

      If a session is cancelled, rescheduled, or incorrectly booked due to an administrative or operational error on the part of Party 1, the Client shall be entitled to either:

      • A full refund of the fee paid for the affected session(s); or
      • A service credit of equivalent value applicable to future sessions, at the Client’s discretion.
    2. Programme Cancellation or Instructor Unavailability

      If Party 1 discontinues or cancels a programme, or is unable to provide a replacement instructor for a sustained period, a pro-rated refund shall be issued for all unused sessions or programme portions.

    3. Proven Medical Emergency

      In the event that the enrolled student experiences a serious medical condition preventing continued participation, a partial or full refund may be granted upon submission of valid medical documentation (e.g., a doctor’s letter or hospital record). Each case shall be reviewed individually at the discretion of Party 1’s management.

    4. Technical Issues Preventing Course Delivery by Party 1

      If a technical failure attributable to Party 1’s systems prevents the delivery of a session, the Client shall be offered a make-up session or service credit. Should neither option be feasible, a refund for the affected session(s) may be issued.

    5. Duplicate or Erroneous Payment

      If Party 2 makes a duplicate payment or an erroneous transaction is confirmed, the excess amount shall be fully refunded within 14 (fourteen) business days of verification.

  • 5.3 Conditions NOT Eligible for Refund

    Refunds shall not be granted in the following cases:

    • Voluntary withdrawal or change of mind after enrollment confirmation;
    • Personal schedule conflicts or absenteeism without prior notice;
    • Dissatisfaction with learning outcomes where services have been duly delivered;
    • Failure to meet programme prerequisites or academic requirements;
    • Sessions expired due to the lapse of the Validity Period;
    • Termination of services resulting from a violation of Party 2’s obligations under this Agreement;
    • Refund requests submitted beyond 7 (seven) calendar days from the date of the incident giving rise to the claim.

  • 5.4 Refund Calculation

    Where a refund is approved, the refund amount shall be calculated based on the number of unused sessions remaining. Administrative or processing fees may be deducted where applicable, and shall be communicated to Party 2 prior to processing.

ARTICLE 6 — STUDENT RESPONSIBILITIES

  • 6.1 Party 2 agrees that the enrolled student shall participate actively and constructively in all learning sessions.
  • 6.2 Party 2 agrees that the enrolled student shall conduct themselves respectfully toward Centre staff, instructors, and fellow students at all times.
  • 6.3 Party 2 is responsible for ensuring a stable internet connection and a suitable environment for online sessions. Party 1 shall not be held responsible for disruptions caused by Party 2’s technical issues.
  • 6.4 Party 2 must join online sessions on time. Late arrivals may not be compensated with additional session time.

  • 6.5 Suspension or Termination of Enrolment

    Party 1 reserves the right to suspend or terminate the enrolment of any student who:

    • Disrupts the learning environment;
    • Exhibits inappropriate, disrespectful, or abusive behaviour toward staff, instructors, or other students;
    • Engages in bullying, vandalism, or harassment; or
    • Violates any policy set out in this Agreement.

    No refund shall be provided in cases of suspension or termination arising from conduct-related violations.

ARTICLE 7 — INTELLECTUAL PROPERTY

  • 7.1 All learning materials, course content, worksheets, and resources provided by Party 1 remain the exclusive intellectual property of ICAN Learning Centre.

  • 7.2 Prohibited Actions by Party 2

    Party 2 is strictly prohibited from:

    • Distributing, reproducing, or sharing materials with third parties;
    • Recording sessions in any format (audio or video) without prior written permission from Party 1; or
    • Using proprietary content for commercial purposes or outside the scope of the enrolled programme.
  • 7.3 Violations of this Article may result in immediate termination of services without refund, and may be subject to further legal action.

ARTICLE 8 — PRIVACY POLICY

  • 8.1 Data Collection

    Party 1 collects personal information from Party 2 solely for the purposes of delivering educational services. This may include, but is not limited to:

    • Full name, date of birth, and contact information of the student and/or guardian;
    • Academic records, assessment results, and learning progress data;
    • Payment and billing information; and
    • Communication records.

  • 8.2 Purpose of Data Use

    All personal data collected shall be used exclusively for the following purposes:

    • Administration and management of enrollment and scheduling;
    • Communication regarding programmes, progress reports, and updates;
    • Internal quality assessment and service improvement;
    • Marketing communications (optional — Party 2 may opt out at any time); and
    • Compliance with applicable legal and regulatory obligations.

  • 8.3 Data Confidentiality

    Party 1 commits to maintaining the strict confidentiality of all personal data provided by Party 2. Personal information shall not be sold, rented, or disclosed to any third party without the explicit written consent of Party 2, except where required by law or a competent regulatory authority.

  • 8.4 Testimonials & Marketing Materials

    Party 1 may use student feedback, testimonials, or anonymised performance data for marketing and promotional purposes. Party 2 may, at any time, submit a written request to opt out of such use. Party 1 will act on such requests within a reasonable period.

  • 8.5 Photography & Media Consent

    Party 1 may, from time to time, capture photographs or video footage during Centre activities for promotional or documentation purposes. Enrollment constitutes implied consent unless Party 2 submits a written objection prior to participation in any such activity.

  • 8.6 Data Security & Retention

    Party 1 shall implement reasonable administrative, technical, and physical safeguards to protect personal data from unauthorised access, loss, misuse, or alteration. Personal data shall be retained for as long as necessary to fulfil the purposes outlined in this Agreement or as required by applicable law. Upon written request, Party 2 may request access to, correction of, or deletion of their personal data, subject to applicable legal limitations.

ARTICLE 9 — LIMITATION OF LIABILITY

  • 9.1 Party 1 does not guarantee specific test scores, examination results, or academic outcomes. The Centre provides guidance, structured instruction, and academic support; final results are dependent on each student’s individual effort, aptitude, and external factors beyond the Centre’s control.
  • 9.2 Party 1 shall not be held liable for any indirect, incidental, or consequential damages arising from the use of its services.
  • 9.3 Party 1’s total liability to Party 2, under any circumstance, shall not exceed the total fees paid by Party 2 for the current enrollment period.
  • 9.4 Party 1 shall not be held responsible for any loss of personal belongings on the Centre’s premises.

ARTICLE 10 — FORCE MAJEURE

  • 10.1 Party 1 shall not be held responsible for any failure or delay in the delivery of services caused by circumstances beyond its reasonable control, including but not limited to:
    • Natural disasters or extreme weather events;
    • Government regulations, directives, or restrictions;
    • Internet or infrastructure disruptions;
    • Pandemic, epidemic, or public health emergencies; or
    • Any other unforeseen circumstances constituting force majeure.
    • 10.2 In such events, Party 1 will make reasonable efforts to reschedule affected sessions and communicate updates to Party 2 in a timely manner

ARTICLE 11 — TERMINATION

  • 11.1 Party 1 reserves the right to terminate services if Party 2 violates any provision of this Agreement, including but not limited to non-payment, misconduct, or breach of intellectual property obligations.
  • 11.2 No refund shall be provided in cases of termination arising from policy violations by Party 2.
  • 11.3 Party 2 may voluntarily withdraw from a programme subject to the refund conditions outlined in Article 5.

ARTICLE 12 — GOVERNING LAW & DISPUTE RESOLUTION

  • 12.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Indonesia.
  • 12.2 In the event of any dispute arising from this Agreement, both parties agree to first attempt resolution through good-faith negotiation within 14 (fourteen) calendar days of the dispute arising.
  • 12.3 If no resolution is reached through negotiation, the matter may be referred to mediation or the competent court of jurisdiction as agreed upon by both parties, in accordance with Indonesian law.

ARTICLE 13 — ACCEPTANCE

  • By enrolling in any programme or service offered by ICAN Learning Centre, Party 2 confirms that they have read, understood, and agreed to all Terms and Conditions set forth in this Agreement.

PARTY 1

ICAN Learning Centre

Authorised Signatory

Date: __________________________

PARTY 1

ICAN Learning Centre

Authorised Signatory

Date: __________________________

For enquiries regarding this Agreement, please contact ICAN Learning Centre’s administrative office.