Diamond Cutter Wisdom Pte Ltd will provide the Services ordered by the Client, subject to all of the terms, conditions and limitations applicable to the Services set forth on the Diamond Cutter Wisdom Pte Ltd website. The Client will pay for the Services at the price indicated in the order. Diamond Cutter Wisdom Pte Ltd may change the prices for the Services at any time and any such change in prices will be effective thirty (30) days after Diamond Cutter Wisdom Pte Ltd posts the change on its website. All fees collected under this Agreement are fully earned when due and non-refundable when paid. All fees due under this Agreement must be paid in Singapore dollars via credit card or other payment method acceptable to Diamond Cutter Wisdom Pte Ltd. Client agrees to provide its accurate name, mailing address, telephone and other contact information in Client’s profile and to update such contact details as they may change.
2. Acceptable Use
The Client may use the Services only in accordance with this Agreement, applicable laws in Singapore and the applicable laws of any other jurisdiction. Client agrees not to use the Services in any manner that violates the Diamond Cutter Wisdom Pte Ltd Acceptable Use Policy. In addition, the Client agrees that it will not use the Services to:
- Engage in any illegal or tortuous activity;
- violate the patent, copyright, trademark, trade secret or other intellectual property rights of any third party;
- sell or distribute illegal adult oriented content that features nudity, sexual acts or adult-themed material; or
- publish or distribute in any manner any content that is harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable to Diamond Cutter Wisdom Pte Ltd in its sole discretion.
3. No Guarantee of Results
The Client acknowledges that Diamond Cutter Wisdom Pte Ltd does not guarantee, imply, or predict any type of profit or response from the Services. The Services may be subject to interruptions, loss of data, deletion of data and conditions that prevent the proper operation of the Services resulting from conditions of events outside the reasonable control of Diamond Cutter Wisdom Pte Ltd and for which Diamond Cutter Wisdom Pte Ltd will bear no responsibility. The Client irrevocably covenants, promises and agrees to indemnify Diamond Cutter Wisdom Pte Ltd and its assigns and to hold them harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature that they may sustain or to which they may become subject arising out of or relating in any way to the use of the Services, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against any such claims or enforcing the prerogatives of Diamond Cutter Wisdom Pte Ltd under this Agreement.
4. Use of Client Data
5. Description of Services
The Services may include any one or more of the following elements, depending upon the options selected by the Client during the ordering process:
- Public talks and events;
- Extended stay-in retreat events;
- Yoga, meditation and discussion sessions; and
- Good solds, including books, CDs, DVDs, yoga mats and etc;
Certain of these Services may include additional third-party products or services that require the Client to accept the terms and conditions of the third party or to pay additional fees to such third party. Client agrees that it is wholly responsible for any such third party terms and conditions and third party fees.
Any additional Services, other than the original stated items in the Services, are to be deemed as a change request. Any change request will be chargeable and hence a separate billing will be submitted to the Client.
All Services are not non-negotiable and non-transferable.
6. Billing and Refund Policy
The Services will commence on the date Client’s order is accepted by Diamond Cutter Wisdom Pte Ltd (the “Effective Date”) and are payable 100% upfront.
After that, Diamond Cutter Wisdom Pte Ltd immediately reserve your spot into our event schedule and place Client in the available opening. If Client cancels after payment, a kill-fee equal to your entire 100% deposit will be applied to your account. At such time, payment will be completely non-refundable and non-transferable.
Depending on Diamond Cutter Wisdom Pte Ltd schedule, expected turnaround time is stated in the Services that Client signed up. It can be more or less, but timing varies according to availability, size of the Services, number of jobs in queue and time it takes for Client to answer the preparatory questionnaire.
7. Warranty Policy
Once the Good is delivered to the Client, our (30) days warranty kicks in. Client will be granted with warranty coverage that last for (30) days starting from the Delivery Date. This warranty coverage consists of only goods sold, including books, CD, DVD, yoga mat and physical goods sold under Diamond Cutter Wisdom Pte Ltd . This warranty does NOT cover any events, retreats, seminars, discussion session hosted by Diamond Cutter Wisdom Pte Ltd.
Client may terminate this Agreement at any time by giving Diamond Cutter Wisdom Pte Ltd at least seven (7) days prior notice. Diamond Cutter Wisdom Pte Ltd may also terminate this Agreement at any time by giving Client at least seven (7) days prior notice. All payment made are non-refundable. In addition, Diamond Cutter Wisdom Pte Ltd may terminate this Agreement immediately and without prior notice if Client is in breach of this Agreement. Following termination the Client will have no right to use or access the Services or/and Goods.
Diamond Cutter Wisdom Pte Ltd may give notice to Client of any matter under this Agreement (a) orally, by calling Client’s representative or by leaving a voicemail for Client’s representative at the telephone number in Client’s profile, or (b) by email to the email address provided by Client in Client’s profile, or (c) by regular mail to Client’s mailing address in Client’s profile. Client may give notice to Diamond Cutter Wisdom Pte Ltd by (a) orally, by calling Diamond Wisdom Pte Ltd, or (b) by email to the email address provided by Diamond Cutter Wisdom Pte Ltd in Contact Us.
10. Confidential Information
Both parties Diamond Cutter Wisdom Pte Ltd and Client acknowledge and agree that any Confidential Information received from the other party will be the sole and exclusive property of the other party and may not be used or disclosed except as necessary to perform the obligations required under this Agreement. Upon termination of this Agreement, each party shall promptly return all information, documents, manuals and other materials belonging to the other party except as otherw
ise provided in this Agreement.
11. Promotional Use
If satisfied with Diamond Cutter Wisdom Pte Ltd Services, Client will write a positive testimonial or reference letter once the service or/and goods is completed. Client also agree that, unless agreed otherwise, Client grant Diamond Cutter Wisdom Pte Ltd. the unlimited, non-exclusive right to use copies of your work, at our discretion, for promotional purposes or in any of our marketing efforts (such as, but not limited to, a screenshot, your personal photo, company logo, and your link on our websites).
- Indemnification. Client will indemnify and defend Diamond Cutter Wisdom Pte Ltd against any third-party claim, action, suit, or proceeding arising out of or relating in any way to any alleged breach of this Agreement by Client or Diamond Cutter Wisdom Pte Ltd. In connection with any request for indemnification under this Agreement, the indemnified party must: (i) give the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) grant control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperate with the indemnifying party at the indemnifying party’s expense.
- Limitation of Liability. IN NO EVENT WILL THE LIABILITY OF Diamond Cutter Wisdom Pte Ltd UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY CLIENT DURING THE THREE (3) MONTH PERIOD BEFORE THE DATE ON WHICH SUCH LIABILITY AROSE. IN NO EVENT WILL Diamond Cutter Wisdom Pte Ltd BE LIABLE FOR ANY (A) LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF HUMAN BEING LIFE, PERSONAL ACCIDENTS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF Diamond Cutter Wisdom Pte Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, Diamond Cutter Wisdom Pte Ltd WOULD NOT ENTER INTO THIS AGREEMENT.
- Dispute Resolution. Any disputes not in excess of Singapore Dollars: Five Thousands (SGD$5,000.00) arising from this agreement shall be submitted to final binding arbitration before a mutually agreed upon arbitrator. Client shall pay all arbitration fees and court costs, reasonable attorney’s fees and legal interest.
- Miscellaneous. This Agreement shall be governed solely by the laws of Singapore, excluding its principles of conflicts of laws. Any action under or relating to this Agreement shall be brought solely in the state courts located in Singapore, with sole venue in the courts located in Singapore, and each party hereby submits to the personal jurisdiction of such Courts. Each party agrees that its performance under this Agreement shall in all respects conform to all applicable laws, rules, and regulations of Singapore governing the export of technical information. Customer may not assign this Agreement without the prior, written permission of Diamond Cutter Wisdom Pte Ltd. Any purported assignment in violation of this will be void and without any effect. This Agreement may not be modified or amended except in writing, signed by both parties. Any purported oral modification or amendment of this Agreement in derogation of the foregoing shall be without any effect. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Services or this Agreement. Neither party may waive any right hereunder except expressly and in writing. This Agreement is the entire agreement between the parties with respect to this subject matter, and it supersedes all prior and contemporaneous discussions, negotiations, communications, and agreements with respect thereto.
Updated – 13 November 2015
If you have any questions concerning these terms, please contact us.