Flying Cape Pte Ltd is a Singapore registered entity (ACRA No. 201510850Z).
Flying Cape Pte Ltd owns Flying Cape, an online platform where Education Providers can list their classes, camps, conferences, seminars, workshops and the like (Educational Offerings). In most cases, these Educational Offerings will also be made available for booking by the general public, especially parents and students, for a fee.
1. Flying Cape is owned, operated and provided by Flying Cape Pte Ltd and the pages, content and infrastructure of these pages are provided for your personal non-commercial use only, Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
2. Support and Payment from Flying Cape
1. Flying Cape shall make available, at no extra cost to the Education Provider, the following to assist any Education Provider that encounter system issues:
(a) Email Support
(b) Phone helpline, which shall be manned between 9am and 5pm on every weekday which is not a public holiday.
2.Flying Cape shall provide an online chat support at no extra cost to the Education Provider until 30 june 2016, Flying Cape may notify the Education Provider of the charges.
3. By making a reservation or booking on Flying Cape, you enter into a direct and legally binding relationship with the Education Provider with which you have reserved or book from. Flying Cape acts solely as an intermediary between you and the Education Provider, transmitting the details of the reservation or booking, sending confirmatory emails on behalf of the Education Provider in some cases, processing payment and carrying out other incidental tasks to process the transaction. All reservations and/ or booking are subject to the Standard Booking Term and Conditions (between Education Provider and Member)
. In addition, the Education Provider may have further terms and conditions which they will upload to the website. You are advised to read these in detail before making your booking.
4. By making the booking, you are bound by the Education Provider's terms of cancellation, re-scheduling and refund policy. In the absence of any specific terms by the Education Provider, there shall be no refund given by the Education Provider, or rescheduling allowed, in any circumstances. Where rescheduling is allowed by the Education Provider's terms, Flying Cape is able to support such rescheduling. In any event, any refund shall be a matter for you and the Education Provider to resolve directly, and Flying Cape shall not be liable for any refund.
5. Where the booking or reservation is made pursuant to a Best Price Guarantee, you are protected by our Best Price Guarantee Policy.
6. When you make payment through the Flying Cape system, this payment is safely processed by means of secure online payment (all to the extent offered and supported by your bank). Flying Cape Pte Ltd shall not be responsible for withholding tax, or for any tax payment of whatsoever nature which you or the Education Provider are legally bound to pay.
7. By completing a booking or reservation, you agree to receive (a) emails which Flying Cape may send you in relation to your booking or reservation, giving you information on your course and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your interests and the Educational Offering you booked or reserved, and (ii) emails which we may send to you promptly after you have participated in the Educational Offering, inviting you to complete our review form.
8. Flying Cape Pte Ltd respects your privacy. Please see our Privacy and Cookies Policy for more information about how we may contact you.
9. All information provided on Flying Cape or disclosed by Flying Cape Pte Ltd through any other means is based on the information provided by the relevant Education Provider. These Education Provider are given access to a system through which they are fully responsible for updating all details of their Educational Offerings, including rates, availability and other information. Flying Cape Pte Ltd will use reasonable skill and care in performing our services, however we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any temporary and/ or partial) breakdown, repair, upgrade or maintenance of Flying Cape or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Education Provider remains responsible at all times for the accuracy, completeness and correctness of the information displayed on Flying Cape. Unless specifically stated, Flying Cape does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or rating or any Education Provider or any Educational Offering.
10. Obvious errors and mistakes (including misprints) are not binding.
11. You must be a Member to review and rate Education Providers and/ or Educational Offerings. If you choose to do so, you agree to be bound by Flying Cape Pte Ltd's Review, Ratings and Ranking Policy
12. The first term of this contact is from the date of the Agreement 31 December 2016. Subsequently, this Agreement shall be automatically renewed for a year at a time unless the party wishing to terminate the Agreement gives 30 day written notice to the other party.
13. Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your booking as set out in the confirmation email (whether for one event or series of connected events). However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Education Provider as made available on our website, (iii) the services rendered or the products offered by the Education Provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Education Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
14. Unless stated otherwise, the software required for Flying Cape Pte Ltd's services or available on Flying Cape and the intellectual property rights (including the copyrights) of the contents and information of and material on Flying Cape are owned by Flying Cape Pte Ltd, its suppliers or providers. Flying Cape Pte Ltd exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Flying Cape Pte Ltd. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
15. To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Singapore law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Singapore.
16. If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
B. Standard Booking Term and Conditions (between Education Provider and Member)
1. Any Listing by the Education Provider which can be booked on the Flying Cape platform constitutes an offer, and a fully paid up booking constitutes acceptance of that offer. The booking is a direct agreement between the Education Provider and the Member, and Flying Cape Pte Ltd is not a party.
2. The booking is subject to the cancellation policy of the Education Provider providing the Educational Offering. In any event, parties agree that any booking fee received by Flying Cape Pte Ltd is non-refundable.
3. The booking is subject to the rescheduling policy of the Education Provider. The Flying Cape platform will support rescheduling but parties agree that Flying Cape Pte Ltd shall not be liable for any acts or omissions relating to such rescheduling support.
4. Where the Listing is stated to be a Best Price Guarantee Listing, this means that the prices offered by the Education Provider is lower or equal to what the Education Provider offers anywhere else, including if the Member purchases directly from the Education Provider.
5. If any Member is able to show that the Education Provider has offered a lower price through another channel other than the Flying Cape platform, the Education Provider shall refund to Flying Cape Pte Ltd the price difference, and if Flying Cape Pte Ltd receives this refund, it shall return the same to the Member. The Member also has the right to seek the difference back from the Education Provider directly.
6. Where the Member makes a reservation on the Flying Cape platform, the Education Provider must hold the place for the Member for 2 working days. If the Member does not make payment in cash at the Education Provider's premises (or by any other means mutually agreed as between parties), the reservation shall be deemed to be released.
C. Review, Ratings and Ranking Policy
1. Reviews and Ratings by Members are for the primary purpose of informing other Members and future customers of the Member's opinions of the service level and quality of the Educational Offerings, and their general impression of the Education Providers. Reviews may also be used at Flying Cape's sole discretion for marketing, promotion or improvement on Flying Cape's services, on any of its websites, including the Flying Cape booking platform, or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Flying Cape.
2. Only Members are allowed to review and rate Education Providers.
3. Members may review and rate Education Providers which they or their children have had interactions with, whether or not such interactions took place as a result of booking on the Flying Cape website.
4. If the Education Provider is of the view that a review or rating has been done by a Member which has not in fact had that interaction with it, the Education Provider shall as soon as practicable inform Flying Cape of the same, with as much detail and supporting evidence to back up their position.
5. Flying Cape reserves the right to adjust, refuse or remove reviews at its sole discretion. Where applicable, and at its sole discretion, Flying Cape may also upload the Education Provider's comments in relation to any review on the Flying Cape website.
6. To facilitate Members' ease of finding a suitable Educational Offering, Flying Cape may rank Education Providers, Educational Offerings and/ or Listing. Ranking is done through a fully automated ranking system (algorithm) and is based on multiple criteria. Depending on the category criteria, ranking is based on different themes and criteria from time to time.