Terms & Conditions | Alpha Academy

Terms and Conditions

1. Interpretations and Definitions

1.1 These Terms and Conditions ("Terms") govern your access to and use of the website located at www.alphaacademy.edu.hk (the "Website"), as well as all courses, workshops, seminars, programmes, and services (collectively, the "Services") offered by Alpha Academy Limited ("Alpha Academy", "we", "us", or "our"), a company incorporated in Hong Kong.

1.2 By accessing the Website, enrolling in any of our Services, or making any payment to Alpha Academy, you ("You") hereby agree to be bound by these Terms. If you do not agree with these Terms, please leave this Website immediately and do not enrol in or engage us (either through yourself or on behalf of any person(s)) for any of our Services. You hereby undertake and declare that should You continue to use this Website or enrol (either through yourself or on behalf of any person(s)) for any of our Services in any event, you shall be bound by these Terms.

1.3 For the purposes of these Terms, "You" refers to: (a) a parent or legal guardian enrolling a minor (a "Minor") or any other person (a "Student") in the Services; (b) an individual aged 18 or above enrolling himself or herself in the Services (an "Adult Enrollee") or (c) any person(s) who paid for such classes or programmes at Alpha Academy (the "Payor(s)") (as the case may be). Where You are an Adult Enrollee, all references to "You" in these Terms shall apply to You in your personal capacity as both the contracting party and the enrollee of our Services. If you are an Adult Enrollee, you acknowledge that all obligations in the Terms expressed as "requiring You to procure compliance with the Terms by a Minor or Student" shall apply to You directly as if you were the Minor or Student.

1.4 If you are enrolling a Minor or Student, you warrant and declare that you are the parent or legal guardian of the Minor or otherwise have legal authority to act on behalf of the Student and hereby undertake to procure the Minor or Student to comply with these Terms. Without prejudice to any of the Terms herein, you hereby undertake and warrant that you shall indemnify Alpha Academy against any losses incurred by Alpha Academy arising in or out of any breaches of any of these Terms by the Minor, Student or You. If you are only the Payor, you agree that you shall undertake to indemnify Alpha Academy against any losses incurred by Alpha Academy arising in or out of any breaches of any of these Terms by any persons you paid on behalf of to enrol in any of our Services.

1.5 We reserve the right to amend these Terms from time to time. Your continued use of the Website or Services AFTER such amendments shall constitute your acceptance of the revised Terms. You hereby agree that it is your responsibility to check the Terms from time to time.

1.6 With respect to the Chinese version of the Terms, You hereby acknowledge that the said Chinese version is ONLY a translation of these Terms for your reference. You agree that, in the event of any discrepancy between the English and Chinese versions of the Terms, the English version of the Terms shall prevail in any event.

1.7 You hereby agree that you shall be estopped from bringing any defense / action against us based on any of the following:

(a) any reliance on any of the provisions or terms in the Chinese version of the Terms to assert any breach(es) of the Terms by us; and

(b) your failure to understand (fully or partially) the English version of the Terms.

(If you do not understand the English version of the Terms, please seek legal advice before using this Website or enrolling in any of our Seminars, Workshops, Courses or any of our Services)

1.8 You agree to keep Alpha Academy fully indemnified from any losses, including all legal costs (on an indemnity basis), should you rely on any of the defences or assertions stated in Clause 1.7(a) and (b) in any proceedings against us based on any purported breaches of these Terms.

2. Services

2.1 Alpha Academy's Services include, but are not limited to:

(a) Legal workshop experience programmes (the "Workshop(s)");

(b) Open seminars and information sessions (the "Seminar(s)"); and

2.2 All descriptions of Services on the Website or in any promotional materials are for general information purposes only and shall not constitute a contractual offer, unilateral offer or any offer whatsoever. Alpha Academy reserves the absolute and sole right to modify, suspend, or discontinue any Service at any time without prior notice.

2.3 Alpha Academy shall have the right to limit class sizes, adjust schedules, change venues, substitute tutors, instructors, instructors (part time / full time), professionals or any person(s) involved in providing, procuring or assisting the Services and modify any course content at its sole and absolute discretion upon giving reasonable notice to You or the Payor.

3. Enrolment and Registration

3.1 Enrolment in any of our Services is subject to the availability of the class, the course provider(s) or any person(s) related to the procurement of the class or the Services. Places are allocated in order of registration, and Alpha Academy shall not guarantee a place until enrolment is confirmed in writing by Alpha Academy and upon satisfactory proof of the payments related to such enrolment(s).

3.2 By submitting an enrolment application or form for any of our Services, You hereby warrant and undertake that all information provided is true, accurate, and complete. Alpha Academy reserves the absolute right to refuse and cancel any enrolment(s) at its sole and absolute discretion, should you provide any incorrect, inaccurate, or otherwise false information in any enrolment applications or forms. Without prejudice to any of the Terms herein, You hereby undertake to indemnify Alpha Academy against any losses incurred by Alpha Academy arising in or out of any breach of this clause 3.2 by You.

3.3 Alpha Academy reserves the sole and absolute right to set minimum and maximum class sizes for any programme, Seminars, Workshops or any courses related to the Services (the "Courses"). In addition to Clause 4, where a minimum number of enrolments is not met, you agree that Alpha Academy shall have the absolute and sole right to reschedule the Courses at a reasonable time and date, subject to the availability of the person(s) necessary to carry out the said Courses. In such an event, Alpha Academy shall not provide any refunds if You had made deposits or any payments for the Courses. However, Alpha Academy may, upon its sole and absolute discretion, agree to provide refund(s) (partially or wholly) to You. In any event, You hereby agree that any refunds made to You are entirely based upon the sole and unfettered discretion of Alpha Academy on a case-by-case basis and shall not entitle or confer any general right upon You to make demands for refunds for any Courses or Services.

3.4 For the avoidance of doubt, if You enrol in any Courses on behalf of any Student or Minor, You shall undertake to indemnify Alpha Academy from any losses arising in or out of the breaches of the Terms by the Student or Minor. If a Payor enrols in any Courses on behalf of any person(s) (the "Enrollee"), the Payor shall undertake to indemnify Alpha Academy from any losses arising in or out of the breaches of the Terms by the Enrollee. If you enrol in any Courses as an Adult Enrollee, you shall undertake to indemnify Alpha Academy from any losses arising in or out of the breaches of the Terms by You. For the avoidance of doubt, this Clause 3.4 operates in addition to, and not in substitution for, the indemnities in Clauses 1.4, 7.5, 7.6 and 15.

4. Fees and Payment

4.1 All fees for the Services (including the Workshops) and any Courses shall be fully payable by any due dates set by Alpha Academy (the "Due Dates").

4.2 Full payment of all applicable fees must be made prior to the Due Dates, unless otherwise agreed in writing by Alpha Academy. Non-payment of the requisite fees by the Due Dates set by Alpha Academy shall result in the cancellation of the Minor's, Student's or Your enrolment in any Courses or any Services without further notice. You hereby agree that EVEN if any requisite fees are paid by You after the Due Dates, You, the Student or Minor shall not be entitled to attend the relevant Courses or relevant Services that You, the Student or Minor originally enrolled for. In such an event, Alpha Academy may, upon its sole and absolute discretion, provide a similar Course or Service to You, the Minor or Student (as the case may be) or refund any payment(s) made by you or the Payor after deduction of any reasonable expenses.

4.3 Alpha Academy reserves the right to revise its fees for any of its Services or Courses at any time. Any fee revision will not affect fees already paid for confirmed enrolments.

4.4 If no Due Dates are set by Alpha Academy, all fees must be payable at least 5 working days before the commencement of any of Alpha Academy's Services ("General Deadline"). If no fees are paid by the General Deadline, this shall result in the cancellation of the Minor's, Student's or Your enrolment in any Courses or any Services without further notice (as the case may be). You hereby agree that EVEN if any requisite fees are paid by You after the General Deadline, You, or the person you enrolled on behalf of (i.e., Student or Minor) shall not be entitled to attend the relevant Courses or relevant Services that You, the Student or Minor originally enrolled for. In such an event, Alpha Academy may, upon its sole and absolute discretion, provide a similar Course or Service to You, the Minor or Student (as the case may be) or refund any payment(s) made by you or the Payor after deduction of any reasonable expenses.

5. Refund Policy

5.1 All fees paid to Alpha Academy are non-refundable upon payment, unless Alpha Academy exercises discretion as per the Terms.

5.2 Alpha Academy shall have the sole and absolute discretion in determining whether You (or the Payor) are entitled to any refund, whether in whole or in part, for any Courses, Workshops, Seminars, or other Services.

5.3 Without limiting the generality of Clause 5.2, the following shall not constitute grounds for a refund:

(a) The Adult Enrollee's, Student's or Minor's own failure to attend scheduled Courses, Seminars, Workshops or any of the Services, except by reason of an Adverse Weather Event (as defined in Clause 14) occurring 1 hour BEFORE the scheduled time of commencement of the Courses, Seminars, Workshops or any of the Services;

(b) The Adult Enrollee's, Student's or Minor's voluntary withdrawal from a programme after enrolment is confirmed;

(c) The Adult Enrollee's, Student's, Minor's or Your dissatisfaction with the content, teaching methods, or instructors in relation to the Courses, Workshops or Seminars or any of the Services;

(d) A change in the Adult Enrollee's, Student's or Minor's personal circumstances, including but not limited to relocation, holiday(s), conflict with school program(s), change of school, or scheduling conflicts; or

(e) Removal or suspension of the Adult Enrollee, Student or Minor pursuant to Clause 7.

(f) The Adult Enrollee's, Student's or Minor's lateness in attending the scheduled Courses, Seminars, Workshops or any of the Services or failure to attend any session(s) (fully or partially) of the scheduled Courses, Seminars, Workshops or any of the Services.

5A. The Substitute Classes

5A.1 In the event Alpha Academy cancels a Workshop, Course or any of its Services before commencement of the scheduled time of such Workshop, Course or any of its Services, Alpha Academy will provide reasonable notice to You before such cancellation and will arrange for a similar Workshop, Course or Service (the "Substitute Class") to You, the Minor or Student (as the case may be) at a reasonable time SUBJECT to the availability of the person(s) necessary to carry out the Substitute Class. If you, the Minor or Student (as the case may be), are unable to attend the Substitute Class, we will provide a refund of the payments made by you or the Payor upon deduction of any reasonable expenses.

5A.2 For the avoidance of doubt, in the event of an Adverse Weather Event (as defined in Clause 14) occurring 1 hour BEFORE the scheduled time of commencement of the Courses, Seminars, Workshops or any of the Services, a Rescheduled Class (defined in Clause 14.2) will be arranged as per Clause 14 (i.e., if the Adult Enrollee, Student or Minor cannot attend the Rescheduled Class, only 50% of any payments will be refunded to You or the Payor.)

6. Course Materials and Intellectual Property

6.1 All course materials, study manuals, interview manuals, handouts, worksheets, and any other materials provided by Alpha Academy in connection with the Services (collectively, the "Materials") are the exclusive property of Alpha Academy and are protected by copyright and other intellectual property laws of Hong Kong.

6.2 All rights are reserved by Alpha Academy, including but not limited to the copyright of the content contained in the Materials.

6.3 Materials are provided solely for the personal educational use of the enrolled student and, where applicable, their parent(s) or legal guardian(s). No part of the Materials shall be reproduced, distributed, transmitted, displayed, published, sold, licensed, or otherwise exploited in any form or by any means without the prior written consent of Alpha Academy.

6.4 The content of the Website, including but not limited to text, graphics, images, logos, and software, is the property of Alpha Academy or its licensors and is protected by applicable intellectual property laws. Unauthorised use of any content on the Website is strictly prohibited.

6.5 "Alpha Academy" and any associated logos, marks, or branding are the trademarks of Alpha Academy Limited. No licence or right to use any such marks is granted by these Terms.

7. Conduct during Courses, Workshops or Seminars

7.1 You shall procure the Minor or Student to conduct themselves in an orderly and non-disruptive manner at all times during classes, Workshops, Seminars, Courses or any activities organised by Alpha Academy. In the case of an Adult Enrollee, this obligation shall apply to your own conduct directly.

7.2 You shall procure the Minor or Student to follow all reasonable instructions given by Alpha Academy's tutors, instructors, and staff members. Where You are an Adult Enrollee, this obligation applies to You directly.

7.3 Any behaviour by the Adult Enrollee, Minor or Student reasonably deemed by any person(s) responsible for the Workshops, Seminars, Courses or any Services, to be, threatening, abusive, or otherwise disruptive to the said Workshops, Seminars, Courses or any Services (as the case may be), may result in the immediate removal of the Student, Minor or You (in the case of an Adult Enrollee) from the said Courses, Workshops or Seminars or our Services.

7.4 Alpha Academy shall not provide any refund of fees in the event a Student, Minor or Adult Enrollee is removed or excluded pursuant to this Clause in any event.

7.5 You hereby undertake to indemnify Alpha Academy from any losses arising in or out of the breach of this Clause 7 by the Student or Minor. In the case of an Adult Enrollee, you undertake to indemnify Alpha Academy from any losses arising in or out of the breach of this Clause 7 by You.

7.6 In the case of a Payor, you shall procure the Enrollee (i.e., the person who you enrolled on behalf of) to comply with this Clause 7. You hereby agree to indemnify Alpha Academy from any losses arising in or out of the breach of this Clause 7 by the Enrollee.

8. Attendance and Scheduling

8.1 You shall procure the Minor or Student to attend all scheduled sessions of the programmes in which they are enrolled. Where You are an Adult Enrollee, You shall attend all scheduled sessions of the programmes in which You are enrolled. Alpha Academy shall not be obligated to provide make-up sessions, additional instruction, or any refunds for missed sessions unless stated otherwise in these Terms.

8.2 Alpha Academy reserves the right to reschedule, combine, or cancel sessions due to the unavailability of its instructor(s) or any person(s) necessary for the Workshops, Seminars or any of its Services. In such an event, we will provide you with reasonable notice of the said cancellation.

8.3 Where sessions are cancelled due to circumstances described in Clause 8.2, Clause 5A shall apply. You agree that Alpha Academy shall not be liable for any losses, costs, or expenses incurred by Students, Minors, Adult Enrollees, parents or guardians as a result of such cancellations.

9. Limitation of Liability

9.1 To the fullest extent permitted by the laws of Hong Kong, Alpha Academy and its directors, officers, employees, tutors, instructors, agents affiliates or any person(s) involved in the Workshops, Seminars or any Services ("Our Partners") shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, or goodwill, arising out of or in connection with:

(a) Your use of or inability to use the Website or Services in contravention of the Terms;

(b) Any errors, omissions, or inaccuracies in the content of the Website, course materials, or any information provided by Alpha Academy that you relied on for purposes other than for educational reference (e.g., legal advice);

(c) Any personal injury, property damage, or loss sustained on or around Alpha Academy's premises by You, the Students or Minors unless such losses are attributable to Alpha Academy's or Our Partner's fault; and

(d) Any failure or delay in the provision of Services due to circumstances beyond Alpha Academy's reasonable control, including the events set out in Clause 14.

9.2 You hereby agree that Alpha Academy's aggregate liability to any person under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no event exceed the total fees paid by the relevant Payor for the specific Service giving rise to the claim.

9.3 A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any Term, except that Our Partners may enforce Clauses 9 and 15 subject to the Terms. The consent of any such third party shall not be required for the amendment or termination of these Terms.

10. Disclaimer

10.1 To the fullest extent permitted by law, Alpha Academy makes no representations, guarantees or warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to:

(a) The Services will meet the Student's, Minor's or Your expectations or requirements;

(b) Any representation(s) regarding favorable academic results, examination outcomes, school admissions, interview success, university placement, or career advancement;

10.2 Alpha Academy shall not guarantee any specific academic results, examination grades, admission to any school or university, or success in any interview, application, or competitive process. Any references to past achievements or student outcomes are provided for illustrative purposes only and You agree that they shall not be construed as guarantees of future performance.

10.3 For the avoidance of doubt (and without limiting Clause 9.1(b)), any content provided in the Workshops, Seminars, Courses, and any Materials is for educational and informational purposes only and SHALL NOT constitute professional or legal advice. Students and parents should seek independent professional or legal advice where appropriate.

11. Privacy and Personal Data

11.1 Alpha Academy is committed to protecting the Students', Minor's or Your privacy and personal data in accordance with the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) ("PDPO").

11.2 Access and Correction. You have the right to request access to and correction of your personal data held by Alpha Academy. Requests may be directed to enquiry@alphaacademy.edu.hk.

11.3 Cookies. The Website may use cookies or similar technologies to enhance your browsing experience. By continuing to use the Website, you consent to the use of cookies in accordance with this clause.

11.4 Direct Marketing. Alpha Academy will not use your personal data for direct marketing purposes without your prior consent. You may opt out of receiving marketing communications at any time by contacting us at enquiry@alphaacademy.edu.hk.

12. Website Use

12.1 You agree and undertake to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use of the Website.

12.2 Alpha Academy does not warrant that the Website will be available at all times or that it will be free from errors or viruses. We shall not be liable for any loss or damage arising from your use of the Website or any inability to access it.

12.3 The Website may contain links to third-party websites. Alpha Academy has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. The inclusion of any link does not imply endorsement by Alpha Academy.

12.4 You agree not to:

(a) Use the Website in any way that may cause damage to the Website or impair its availability or accessibility or to the reputation of Alpha Academy;

(b) Use the Website to transmit any material that is defamatory, offensive, or otherwise objectionable;

(c) Attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; or

(d) Use any automated system, including but not limited to robots, spiders, or similar tools, to access the Website without Alpha Academy's prior written consent.

12.5 If applicable, You undertake to procure the Student or Minor to comply with this Clause 12.

13. Photographs and Publicity

13.1 Alpha Academy may, from time to time, take photographs, videos, or recordings during classes, Workshops, Seminars, and events for promotional, marketing, and educational purposes.

13.2 By enrolling in any of our Services, you consent to the use of such photographs, videos, or recordings in Alpha Academy's marketing and promotional materials, including but not limited to the Website, social media, brochures, and advertisements, unless you notify Alpha Academy in writing to the contrary prior to the commencement of the relevant Service (the "Intended Use of Photos").

13.3 You hereby undertake to notify and obtain consent from any person(s) who you enrolled on behalf of for any of our Services and any persons accompanying you to any Seminars (the "Accompanying Part(ies)") of our Intended Use of Photos.

13.4 If you do not wish for photographs, videos, or recordings of the Student, Minor, Adult Enrollee or the Accompanying Parties to be used for the purpose of Intended Use of Photos, please notify us in writing at enquiry@alphaacademy.edu.hk prior to the commencement of the relevant Service.

14. Force Majeure

14.1 Alpha Academy shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from any cause beyond Alpha Academy's reasonable control, including but not limited to:

(a) Acts of God, fire, flood, earthquake, typhoon, or other natural disasters;

(b) Epidemic, pandemic, or public health emergency;

(d) Government orders, directives, or regulations;

(e) Strikes, labour disputes, or industrial action;

(f) Power failure, internet or telecommunications failure, or technical malfunction;

(g) The hoisting of Tropical Cyclone Warning Signal No. 8 ("T8") or above, or the issuance of a Black Rainstorm Warning Signal by the Hong Kong Observatory (collectively, "Adverse Weather Events") 1 hour BEFORE the scheduled time of commencement of any Courses or Services; and

(h) Any other event beyond Alpha Academy's reasonable control.

14.2 In the event of a force majeure event, Alpha Academy will use reasonable endeavours to arrange for the Seminar, Course, Workshop or any of our Services within a reasonable time (the "Rescheduled Class"), subject to the availability of its course provider(s) or any person(s) necessary for carrying out such Seminar, Course, Workshop or Services. If the Minor, Student or You cannot attend the Rescheduled Class, You (or the Payor) agree that ONLY 50% of any payments made for the original Seminar, Course, Workshop or Services will be refunded.

14.3 For the avoidance of doubt, with respect to Clause 5.3(a), if a Black Rainstorm or T8 signal is in force 1 hour BEFORE the scheduled start time of the Seminar, Course, Workshop or any of our Services, a Rescheduled Class will be arranged as per Clause 14.2. If the Adult Enrollee, Student or Minor cannot attend the Rescheduled Class, only 50% of any payments will be refunded to You or the Payor.

15. Indemnification

15.1 You agree and undertake to indemnify, defend, and hold harmless Alpha Academy, its directors, officers, employees, tutors, instructors, lecturer(s), speaker(s), agents, affiliates and those involved in assisting the Courses from and against any and all claims, liabilities, damages, losses, costs, and expenses (including legal fees on an indemnity basis) arising out of or in connection with:

(a) The breach of these Terms by the Minor, Student or You;

(b) The use of the Website or Services in contravention of these Terms by the Minor, Student or You;

(d) Any claim(s) by a third party against us arising out of or relating to a breach of any of the Terms by the Minor, Student or You.

16. Third-Party Services

16.1 Alpha Academy may, from time to time, engage third-party service providers in connection with the provision of its Services (including but not limited to payment processors, venue providers, and technology platforms).

16.2 Alpha Academy shall not be liable for the acts or omissions of any third-party service providers and makes no representations or warranties regarding the quality, reliability, or suitability of any third-party services.

17. Severability

17.1 If any provision of these Terms is found by any court or competent authority to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision shall not affect the validity and enforceability of the remaining provisions.

18. Waiver

18.1 No failure or delay by Alpha Academy in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy. No single or partial exercise of any right or remedy shall prevent any further or other exercise of that right or remedy or the exercise of any other right or remedy.

19. Entire Agreement

19.1 These Terms, together with any specific terms and conditions applicable to individual programmes or Services, constitute the entire agreement between you and Alpha Academy in relation to the subject matter hereof and supersede all prior agreements, understandings, and representations, whether written or oral.

20. Assignment

20.1 You shall not assign, transfer, or sub-contract any of your rights or obligations under these Terms without the prior written consent of Alpha Academy.

20.2 You agree that Alpha Academy may assign, transfer, or sub-contract any of its rights or obligations under these Terms upon giving you reasonable notice.

21. Governing Law and Jurisdiction

21.1 These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.

21.2 Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Hong Kong.