Terms and Conditions
The following terms and conditions apply between you and the Chinese Instrumental Music Grading Examinations (“Examinations”) organisers, namely The TENG Company ("TENG") and Confucius Institute, Nanyang Technological University (“CI”):
All registrations (“Registrations”) for the Examinations are administered by TENG. By submitting the Registrations you agree, on your behalf and as agent, on behalf of all persons for whom you are submitting the Registrations, or who will be participating in the Examinations registered by you (each participant being a “Candidate”), to be bound by these Terms and Conditions.
TENG and CI have no control over the maintenance or management of all Examination Venues (“Venues”). TENG’s and CI’s employees shall not be liable for any death, personal injury (unless such death or personal injury was caused by the negligence of TENG and CI), loss, or damage however caused while in the Venues.
Registrations will only be processed upon full payment of the Examination fee.
Registrations fees are stated on the registration page.
All requests to withdraw from the Examinations shall be directed in writing to TENG at grading@thetengcompany.com. The amount of refund will be in accordance with the refund process on the registration page.
TENG will not accept any request to change the Examinations date after the Examinations schedule is announced.
The Examiners’ decisions are final; there will be no review of results and/or re-examination.
TENG and CI reserve the right, without refund or compensation of registration fees, to refuse admission/evict any person(s) whose conduct is disorderly or inappropriate or who poses a threat to security, or to the proceedings of the Examinations.
No refund will be made if a Candidate fails to turn up for the Examinations at his/her allocated Examination reporting time.
TENG and CI may postpone, cancel, interrupt or stop the Examinations due to adverse weather, dangerous situations, or any other causes beyond its reasonable control.
The Candidate voluntarily assumes all risk and danger incidental to the Examinations and venue whether occurring before, during, or subsequent to the actual Examinations, including any death, personal injury, loss, damage or liability.
No photography, audio, and video recording are allowed during the Examinations unless otherwise expressly stated in writing by TENG and/or CI.
TENG and CI may use the Candidate’s image or likeness in any live or recorded video display, photograph, picture or publicity material or website.
Any complaints regarding the Examinations shall be directed solely to and will be addressed by TENG.
By providing any personal data to TENG, you agree that TENG shall be entitled to use and process such data in accordance with its Privacy Policy.
All the content of the Examinations, including text, graphics, photos, images, videos, sounds, illustrations and software, are TENG’s property or the property of affiliated companies, licensees and/or content providers. This content is protected by copyright, written and case law. It shall be used only with TENG’s express consent.
All logos shall not be used or reproduced in any form without our prior written approval.
The payment of all Registrations shall be made promptly and this contract between you and TENG shall be subject to, interpreted in the context of, and in case of dispute, arbitrated in accordance with the laws of Singapore.
Accident Waiver and Release of Liability
I assume all the risks in its entirety of sitting for the Chinese Instrumental Music Grading Examinations (“Examinations”), including but not limited to, risks which might arise from negligence or carelessness on the part of the persons or entities being released, from defective musical instruments, equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I certify that I am physically fit, and have not been advised by a qualified medical professional not to sit for the Examinations. I certify that there are no health-related reasons or problems which preclude my sitting for the Examinations.
I acknowledge and agree to sit for the Examinations at the assigned Examination Venue. I expressly acknowledge and agree that this Accident Waiver and Release of Liability declaration will be used by TENG and that it will govern my actions and responsibilities at the Examinations.
I agree to take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(I) I waive, release, and discharge from any and all liabilities, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, theft, or actions of any kind which may occur to me including my traveling to and from this Examinations, TENG, its directors, employees, volunteers, representatives, and agents, or volunteers.
(II) I indemnify, hold harmless, and promise not to sue the entities or persons in paragraph (I) from any and all liabilities or claims made as a result of sitting for the Examinations, whether caused by the negligence of release or otherwise. I acknowledge that the entities or persons mentioned in paragraph (I) are not responsible for the errors, omissions, acts, or failures to act of any party or entity conducting the Examinations on behalf of TENG.
I acknowledge that the Examinations might carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by facilities, temperature, weather, condition of candidates during the Examinations, equipment, musical instruments, technology or vehicular traffic.
The Accident Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
If any term of this waiver and release is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
Conditions Of Access
Definitions
“TENG” means The TENG Company Ltd (Registration Number 201502077Z).
“Examinations” means the Chinese Instrumental Music Grading Examinations jointly organized by Confucius Institute, Nanyang Technological University (CI) and TENG.
“Registrations” means the registrations for the Chinese Instrumental Music Grading Examinations.
“User” means any natural and legal person who has access to this site and/or use the services available on or through this site.
General
By accessing and using this site and services available on or through this site, you acknowledge that you have read and you agree to all these conditions and notices. If you do not agree with any of these conditions, please discontinue access immediately.
Integrity and security
Any losses incurred or sustained by the User in transmitting personal Information shall be borne solely and exclusively by the User and in no event shall any such losses in whole or in part be borne by TENG.
Representations and warranties
The User represents and warrants at all times that:
All information given and to be given by the User to TENG through the site are true and accurate;
Any material, data or information submitted by the User through the site does not contain any electronic virus or other similar malicious electronic code; and
The User’s use of the site and services available on or through this site does not and will not contravene any law, rule, regulation, judgment, decree, permit, authorisation, policy or directive (in each case, whether or not having the force of law) which is binding on or otherwise applicable to the User or to which it is subject.
TENG makes no representations or warranties about the accuracy, completeness, reliability, timeliness, non-infringement, title, or suitability for any purpose of all information and content made available on or through the site.
Intellectual property rights
All the content of the website, including text, graphics, photos, images, videos, sounds, illustrations and software, are TENG’s property or the property of affiliated companies, licensees and/or content providers. This content is protected by copyright, written and case law. It shall be used only with the written consent of TENG.
Exclusion of Liability
TENG shall in no event be liable for any damages, loss or expense (including but not limited to direct, indirect, special, consequential or punitive damages), or any economic loss (including but not limited to loss of profits, loss of business, loss of opportunities, loss of goodwill or cost of cover) arising in any way from or in connection with:
Any access, use or inability to access or use this site;
Any reliance on any part of the contents or materials contained in this site;
Any system, server or connection failure, error, omission, interruption or unavailability, or any delay in transmission or any computer virus; or
Any use of or access to any website to which this website hyperlinks.
Governing Law and Jurisdiction
You hereby agree that Singapore law shall govern these Conditions of Access and your access and/or use of the services available on or through this website, and you also hereby irrevocably submit to the exclusive jurisdiction of the Singapore courts.