Terms and Conditions

• Billing Cycle is the period of time / interval at which the Deduction Amount is due, expressed in calendar months.
• Commitment Period as identified in Section B of the Contract is a fixed period during which WSE commits to maintain the Student’s Tuition Fees, subject to the Student being fully compliant with the terms of the Contract. For the avoidance of any doubt, the Commitment Period is expressed in calendar months and includes weekends (Saturday, Sunday) and public holidays.
• Contract means the agreement signed between WSE and the Student, the Guardian (if applicable), and the Sponsor (if applicable) for the provision of the Wall Street English teaching service to the Student.
• Contract Date means the signing date of the Contract, as specified in the first part of the Contract.
• Deduction Amount means the portion of Net Tuition Fee payable in advance by the Student on the Deduction Date in relation to each Billing Cycle, as identified in Section B of the Contract.
• Deduction Date means the date on which the Deduction Amount shall be deducted from/paid by the Student.
• Fees means all applicable Fees in relation to the Services including the Net Tuition Fee and other charges (if any).
• Guardian means the adult individual responsible for the enrollment of the minor Student at WSE. In the Contract, references to “Student” shall be deemed to include references to all the Student, and/or the Guardian or the Sponsor, as the case may be.
• Guardian means the adult individual responsible for the enrollment of the minor Student at WSE. In the Contract, references to “Student” shall be deemed to include references to all the Student, and/or the Guardian or the Sponsor, as the case may be.
• Net Tuition Fee means the Gross Tuition Fee net of any Adjustments.
• Payment Plan is the payment schedule Net Tuition Fees as detailed in Section B of the Contract.
• Promotion Period means a period in which the Student can use the Service for free according to WSE’s promotion policy. The Promotion Period shall be added at the end of the relevant Commitment Period. In case a Promotion Period is applicable, the subsequent Commitment Period shall commence after the Promotion Period.
• Service means the Wall Street English teaching service provided by WSE in accordance with the terms and conditions of the Contract.
• Start Date is the first date that the Student is allowed to access the Service during each Commitment Period.
• Tuition Fee means the amount payable for the Service in each Commitment Period as determined from time to time in accordance with the pricing and promotion policies of WSE and detailed in Section B of the Contract.

• WSE shall provide the Service in accordance with the Wall Street English teaching program and method. Any terms of service may be amended and updated by WSE from time to time in accordance with the standards of the Wall Street English teaching program.
• The teachers providing the Service shall have the appropriate academic and professional qualifications.
• If there is a change in the laws / regulations or any orders passed by the relevant authorities (such as orders for quarantine or social distancing, etc.) which prevents WSE from carrying out direct teaching activities, WSE may provide the Service in a digital mode (up to 100% online). The change of delivery method to the digital mode shall not entail a change in the Tuition Fee, and the learning process of Student shall not be changed.
• In case of necessity, WSE may amend the Start Date in a reasonable manner and must inform the Student as soon as possible.

• The Commitment Period shall commence on the Start Date and shall automatically renew unless (i) a Contract Upgrade is requested subject to Clause 3.2 of the GT&C, (ii) a change is requested pursuant to Clause 3.3 of the GT&C, or (iii) the Contract is terminated pursuant to Clause 8 of the GT&C.
• The Student may elect to upgrade the Contract (“Contract Upgrade”), using the relevant form provided by WSE, under the condition that the Net Tuition Fee payable under the Contract Upgrade is higher than the remaining Net Tuition Fee payable before the Contract Upgrade. Any Tuition Fee already paid and unused shall be credited pro-rata and offset against the Net Tuition Fee due upon the Contract Upgrade. For avoidance of any doubt, the entire amount of Tuition Fee already paid and unused in the relevant Commitment Period will not be refunded to the Student when Contract Upgrade.
• Between thirty (30) and seven (7) days prior to the end of each Commitment Period, the Student has the right to request in writing for an amendment of (i) details of the Service and / or (ii) the Payment Plan, using the relevant form provided by WSE. Any amendment shall be effective from the following Commitment Period.
• The Student may also elect for an early renewal of the following Commitment Period, using the relevant form provided by WSE. In that event, the Student shall no longer have the right to terminate the Contract between [30] days and [7] days prior to the end-current Commitment Period.

• The Fees payable for the Services (together with the “Fees”) are specified in Section B and Section C of the Contract.
• WSE reserves the right to amend at any point in time the Fees charged for the Services. WSE commits that any change in the Tuition Fee shall only be applicable from the subsequent Commitment Period and shall be communicated to the Student in writing or electronic forms (such as email) at least twenty (20) days prior to the start of the relevant Commitment Period. If WSE fails to communicate the change in applicable Fees for the subsequent Commitment Period to the Student, the Student may elect to terminate the Contract.

• Upon the Student’s request, WSE may (but shall not be obliged to) assist the Student in coordinating with a financial institution or a financial solution provider (the “Lender”), which WSE may have contact with, for the Student (i) to make an application for a loan or (ii) to apply for an installment plan via credit card (both forms collectively called the “Personal Loan”), to be utilized for the payment of the Net Tuition Fee. The payment of the Net Tuition Fee from the Personal Loan must comply with the regulations of WSE which can be revised from time to time.
• Any Personal Loan that the Student decides to take shall be under the terms and conditions of a contract between the Student and the Lender (the “Personal Loan Contract”) with no involvement whatsoever of WSE. The Student shall be fully and solely liable and responsible towards the Lender and/or any other third party for payment obligation, other obligations, and commitments specified in the Personal Loan Contract, and other liabilities arising under or in connection with the Personal Loan Contract.
• The Student acknowledges and agrees that WSE shall have no liability whatsoever in connection with the Personal Loan or the Personal Loan Contract. The Student guarantees that it will indemnify and hold harmless WSE and its employees against any dispute or any legal proceeding civil or criminal in connection with the Personal Loan or the Personal Loan Contract, including without limitation as a consequence of any breach of the Personal Loan and/or the Personal Loan Contract by the Student.
• Should WSE be made aware, by the Student, the Lender, or otherwise, that the Student has failed to repay the Personal Loan or otherwise breached the Personal Loan Contract in any way, WSE shall have the right, in its absolute discretion, to (i) suspend the provision of the Service the Student; and/or (ii) terminate the Contract without any refund of the Tuition Fee to the Student and/or the Lender.
• If the Student decides not to continue using the Service and terminates Contract for any reason, the Personal Loan Contract between the Student and the Lender will still have full legal effect, and the Student will still be responsible for complying with the terms of the Personal Loan Contract. In addition, WSE has the right to request the Lender to recover the entire Personal loan and terminate the Personal Loan Contract with the Student.

• Payment term. All Fees payable for the Services shall be paid by the respective due date. WSE shall not provide the Service until the First Payment as specified in the Contract is fully made.
• If the selected Payment Mode is Direct Debit, the Student or the Guardian, and the Sponsor confirms the understanding of the payment method and agrees to allow the use of card information for automatic payments of Deduction Amount every Billing Cycle. Then, the amount will be deducted by WSE on the Deduction Date listed below or the next working day if the Deduction Date falls on a weekend or Public Holiday. The Student shall ensure that sufficient funds are available for the Deduction Amount. Charges may be levied by the bank / financial institution for failed deductions.

• • Suspension by Student. If the Student requests to suspend the Service for any reason, the Student must pay WSE an additional fee of MMK 3,500 per day of suspension and satisfy the following conditions:
    • Suspension by Student. If the Student requests to suspend the Service for any reason, the Student must pay WSE an additional fee of MMK 3,500 per day of suspension and satisfy the following conditions:
    • The total suspension fee for the entire suspension period must be paid to WSE before the start date of suspension. The suspension will be acknowledged by WSE after the suspension fee is paid in full and on time.
    • The minimum duration for each suspension period is thirty (30) days, and the cumulative suspension period shall not exceed 25% of the total time of each Commitment Period.
    • During the suspension period, the Student must continue paying Tuition Fee in accordance with the Contract.

    During the suspension period, the Student’s learning account will be suspended, and the Student will not be able to use the Service.

    During the suspension period, the Student’s learning account will be suspended, and the Student will not be able to use the Service.

  • Suspension by WSE for Late Payment. If any payment is overdue more than seven (7) working days, WSE shall suspend the Student’s access to the Service and the Student shall be liable for a penalty of MMK 50,000 for late payment.

WSE shall re-activate the Service within two (2) working days after receiving the full pending amounts from the Student, including due amounts during the suspension period and the penalty.

Unless the Contract is terminated as prescribed in Clause 8 hereunder, any unpaid Tuition Fee by the due date will be deemed as a debt owed by the Student to WSE, even if the Student has not used the Service or has been suspended from using the Service due to late payment. WSE has the right to take any necessary legal measures in accordance with the law to recover such debt.

• Suspension by WSE for Non-Compliance with WSE’s Rules and Regulations. Subject to the provisions of Clause 8.2 of the GT&C, WSE reserves the right to suspend the Student’s access to the Service pursuant to Clause 9 of the GT&C.

• Termination by the Student. The Student may terminate the Contract in the following cases:
  • Termination by the Student. The Student may terminate the Contract in the following cases:
  • The Student has submitted a request in writing to terminate the Contract between thirty (30) and seven (7) days prior to the ending date of each Commitment Period, using the relevant form provided by WSE.
• Termination by WSE. WSE may terminate the Contract in the following cases:
  • WSE has sent a 30-day notice in writing to the Student of its intention to terminate the Contract.
  • With immediate effect if the Student is in default of their payment obligations for more than thirty (30) days.
  • With immediate effect if the Student is in a material breach of Clause 9 of the GT&C.
• Except in case of contract termination as provided in Clauses 8.1(i) and 8.2(i) of the GT&C, the Fees shall not be refunded in any circumstance. Pursuant to Clauses 8.1(i) and 8.2(i), WSE shall refund to the Student an amount (“Refund Amount”) equal to the Net Tuition Fee paid by the Student less the following amounts:
  • The pro-rata Net Tuition Fees for the Services already delivered, if any; and
  • The commercial value of promotional gifts given to the Student (waived in case of termination under Clause 8.2(i)); and
  • A one-off fee equivalent to MMK 750,000 (waived in case of termination under Clause 8.2(i)).
If the Net Tuition Fee has been paid by the Lender or a Sponsor, the Refund Amount shall be refunded to the Lender or the Sponsor, respectively.
• Transfer. The Service is personal in nature, hence shall only be provided to the Student and shall not be assigned or transferred to any other person.

Any additional products or learning tools purchased separately by the Student shall only be valid as long as the Student Contract has never been terminated and the Student is not in default with its payment obligations.  Should the Student Contract be terminated, all products shall be automatically terminated and the Student shall not be entitled to any refund.

• The Student must comply with WSE’s rules and regulations. WSE’s rules and regulations will be posted on the website at the following link: https://wallstreetenglish.edu.mm/ and may change from time to time to ensure a good learning environment for all students.
• In the event that the Student fails to comply with any of WSE’s rules and regulations, WSE reserves the right to take necessary measures to stop the violation and prevent it from happening again.
• WSE reserves the right to suspend the Student from using the Service and/or terminate the Contract (without refunding any amount already paid) in the event that the Student commits any act that seriously affects the rights or interests of WSE, the center, the class or other students, including:
  • • Affecting the reputation and honor of WSE and WSE’s centers;
    • Obstructing the normal conduct of the class;
    • Affecting the security and order in the classroom or within the center;
    • Using violent language and/or behavior in the classroom or within the center;
    • Insulting or threatening teachers, WSE employees and/or other students in the classroom or within the center;
    • Committing illegal acts in the classroom or on the center;
    • Any other act mentioned in the rules and regulations as resulting in suspension of the Service or termination of the Contract.

  The application of a temporary suspension or termination of the Contract will be carefully considered by WSE on the
  basis of considering the interests of the Student and the overall interests of the class and the center.

The Student hereby guarantees and agrees that he/she has the full legal capacity to sign the Student Contract and that all information provided by the Student to WSE is true, complete, and accurate.

If any information provided to WSE by the Student is materially inaccurate, incomplete, or untruthful, WSE can cancel the Service and terminate the Contract without refunding the Tuition Fee.

The Student and the Sponsor acknowledge and agree that WSE has no duty of care or liability for any loss or damage to the property of the Student. The Student acknowledges and agrees that any such property is brought and kept at the center at the Student’s own risk.

The Student accepts general liability for his/her participation in activities at WSE’s centers / arranged by the WSE and the Student agrees to indemnify and hold harmless WSE, its staff and other participating agents, either jointly or severally, from and against any and all claims, injuries, damages, losses, costs, or causes of action that may arise in connection with such activities.

• These General Terms and Conditions take effect from the signing date of the Contract. The Contract and these General Terms and Conditions shall be binding upon, and ensure to the benefit of, the Parties’ successors, personal representatives, and permitted assigns.
• Usage of information and confidentiality. WSE undertakes that personal data and other information collected by WSE from and in relation to the Student, the Guardian and the Sponsor including basic personal data and sensitive personal data (“Data”) shall be kept confidential. WSE may disclose Data to, and allow Data to be processed (including cross-border data transfer for processing) by, its franchisor, service providers, contractors, agencies, credit institutions, or Group companies for the purpose of supporting WSE in providing the Service, auditing activities, legal consultancy, data archiving, and management, or provision of Personal Loan to Student (if applicable) and for other purposes which are in compliance with the laws (“Reasonable purposes”), provided that these entities must undertake to keep the Data confidential. WSE shall not disclose Data to any other third parties or use Data for any other purposes unless it is required by law or State authorities or permitted by the Student. Data may be archived in the database systems of WSE or its franchisor, service providers, or affiliates. WSE guarantees that necessary security measures will be taken to protect Data.

• WSE will publish information about its activities, services, and products in different media (including magazines, annual reports, company websites, and social networks). These publications frequently include photographs and/or videos (hereinafter referred to as “Media Content”) of activities related to the center, both educational and other activities, etc. It is foreseeable that in Media Content, the Student’s clearly identifiable images and voice will appear. The Student agrees and allows WSE to create and publish Media Content containing images or the voice of the Student. However, the Student shall have the right to request WSE to remove such Media Content at any time by giving notice to WSE.

• Intellectual property. All learning materials (including physical materials and digital data such as audio files, video files, etc.) and all learning classes with teachers and consulting sessions with WSE’s staff (in any form) are intellectual properties of WSE and/or its franchisor (hereinafter referred to as “Intellectual Property”). The Student must not copy, record, videotape, disseminate, or distribute the Intellectual Property by any means (including posting on social networks) without WSE’s written consent, and shall indemnify all damages incurred by WSE if breaches this clause. In the event of a breach of this clause, WSE reserves the right to terminate the Contract and not refund any amount which has been paid.
• Force majeure. In the event that WSE shall be rendered unable to carry out the whole or any part of its obligations under the Contract for any reason beyond the reasonable control of WSE, including but not limited to acts of god, strikes, war, epidemic, pandemic, riots and any other causes of such nature, then the performance of the obligations hereunder of WSE shall be excused during the continuance of any inability so caused.
• Limitation of liability. The total liability for damages and losses and any other liability of a Party to the other Party arising under or in connection with the Contract shall not exceed the Net Tuition Fee paid for the Commitment period in which the action causing damages, losses, or legal liability occurs.
• Unless otherwise provided in this Contract, any notice or communication by either party to the other under the Contract shall be in writing and shall be delivered to the address of the receiving party indicated on the first page of the Contract, personally or sent by post (and air mail if overseas) or by email to the party due to receive the notice. If any party changes its address or email indicated in the Contract, such party shall notify the other party in writing of the new address within 15 days after the date of the change.
• Entire agreement. In the event of any inconsistency between the terms of the Contract and the terms of any other agreement (oral or written) entered into between WSE and the Student prior to the execution of the Contract, then the terms of the Contract shall prevail.
• Governing law and dispute resolution. The Contract shall be governed by, and interpreted in accordance with, the laws of England and Wales. In relation to any dispute arising out of or in connection with the Contract, the parties hereby irrevocably agree that such dispute shall be finally resolved by one (1) arbitrator appointed in accordance with the Rules of Arbitration (“Rules”) of the Singapore International Arbitration Centre (“SIAC”). The arbitration shall be conducted in English and administered by SIAC pursuant to the Rules. The seat of arbitration shall be Singapore.
• Language. The Contract and the GT&C are made in the languages of English and Burmese. In case of any inconsistency or conflict between the Burmese version and the English version, the English version shall prevail.