TERMS AND CONDITIONS
All Program Access will be delivered within 1 week upon full payment of the fees. A final confirmation email will be sent to you upon confirmation of your full payment.
1. Thank you for signing up for this event/seminar/program/webinar (“Program”) with us, the Program Provider (“Provider”). By signing this agreement (“Agreement”) with us (through our agent Digimatic Media Pte Ltd (“Digimatic Media”), who is authorised to enter into this Agreement on our behalf), you agree that this Agreement and these Terms and Conditions form a legally binding contract between you and us (collectively, the “Parties” and each a “Party”). To simplify the language used in the terms of this Agreement, “we”, “us” and “our” shall mean, or be in reference to, the Provider.
2. You acknowledge that Digimatic Media acts only as an agent for and on our behalf, and shall not bear any responsibility or have any liability whatsoever to you in relation to any contracts or relationships entered into between yourself and us, including this Agreement, and in particular, Digimatic Media shall not be responsible or liable to you for any representations made by us at any time in relation to the Program.
Payment for Program
3. You shall make payment of the fees payable for the Program (“Program Fee”) and any other applicable charges in the amount(s) and by the method and means as you have agreed to overleaf to Digimatic Media (our authorised and appointed collecting agent), without any set-offs or deductions whatsoever. The Program Fee shall be paid in full at least 14 working days before the first or only day of the Program or rescheduled Program under this Agreement, as applicable (“First Day”).
The full and timely payment of the Program Fee, subject always to Clause 12, entitles you to (a) attend the Program; and (b) receive a copy of the materials to be provided at the Program (if applicable) (“Materials”), (collectively, the “Program Services”).
4. If you do not make full and timely payment of any sum(s) due under Clause 3:
4a. all monies owing shall immediately become due and owing and must immediately be paid to Digimatic Media without any set-offs or deductions whatsoever and without the need for any further demand;
4b. you acknowledge that, notwithstanding anything to the contrary in this Agreement, you shall not be entitled, and shall not make any claim for any refund of any amount that you have already paid as of that date;
4c. you further acknowledge that this Clause 4 is an essential term of this Agreement.
5. Notwithstanding anything to the contrary in this Agreement, you agree that should you fail to attend the Program on the First Day (as originally agreed or rescheduled under Clauses 9 or 11) within a period of 1 year following the date of the signing of this Agreement (“Signing Date”), any payment (including deposits) made by you shall be forfeited without further notice to you.
Early Withdrawal / Transfer Program / Cancellation by you
6. If you inform Digimatic Media in writing that you no longer wish to attend the Program (“Cancellation Request”):
6a. within 5 working days of the Signing Date (“Early Withdrawal”) (provided the Signing Date is at least 14 working days before the First Day), any monies paid by you to date shall be refunded to you after a deduction of an administrative charge of USD50 nett or 5% of the course fee (whichever is lower).
6b. If you have made consumption or made known of the benefits within the 5 working days you are strictly not entitled to any refund / transfer.
6c. After the cooling period of 5 working days, there will be no refund.
6d. If you would like to Transfer Program within 5 working days, there will be a USD50 transfer fee or USD100 after 5 working days (inclusive of GST).
6e. For Webinar or online program, is non-transferable.
6f. Cancellation requests are subject to approval.
General Refund Policy
7. Save as expressly stipulated in Clauses 6, 12 or other provisions of this Agreement, you agree and acknowledge that you shall not be entitled to any refund for payments made under this Agreement.
8. Any refunds agreed to or made under this Agreement shall be subject to set-offs, deductions and/or counterclaims by us (if any). Any refunds will, as far as possible, be processed within 6 weeks of any agreement to make such refunds to you.
9. Should you not be able to attend the Program starting on the agreed First Day as indicated overleaf, you may, up to a maximum of 1 time with no cost, request that you attend the Program on another date later than the previously agreed First Day, provided that such request is made at least 14 working days before such previously agreed First Day. The approval of any such request shall be at our/Digimatic Media’s sole and absolute discretion.
9a. When nearing the workshop date and once your seat is confirmed, in any situation that you required to reschedule the workshop date, there will be a rescheduling fee with USD50 (Inclusive of GST)
10. If you have fully paid the Program Fee for the Program, you may subject to your payment of a non-refundable administrative charge of USD20 (Inclusive of GST) request that another person (a “Nominated Attendee”) attend the Program in your place, provided that such request is made at least 3 working days before the First Day. Such a nomination request (“Nomination Request”) shall include the Nominated Attendee’s personal particulars and contact details, and in providing the same to us, you agree and undertake that you have obtained the Nominated Attendee’s consent for such information to be provided to us upon the terms of Clause 18. Upon approval of the Nomination Request, which shall be at our/Digimatic Media’s sole and absolute discretion, you agree that you shall forfeit the right to attend the Program or make any requests for any refunds. Attendance on the First Day by the Nominated Attendee shall constitute such person’s agreement to the terms and conditions herein.
10a. For Webinar and Membership program, seat is non-transferrable.
Changes or Cancellation by Provider
11. While we will endeavour not to do so, we reserve the right to change the time(s), date(s), duration, location and/or other details of the Program or cancel the Program, and if so, we will endeavour to notify you of such change or cancellation in writing (including email) or via telephone call at least 3 working days before the First Day or the rescheduled First Day under this Clause, whichever is the earlier.
12. In the event that the Program is cancelled and you are not offered an alternative date to attend it, we shall make a full refund of any payments made by you for the Program (subject to any set-offs, deductions and/or counterclaims by us).
Intellectual Property (IP)
13. You agree and acknowledge that all the rights and interests to all the intellectual property relating to the Materials, the Program Services and/or developed or arising therefrom (“Intellectual Property”) belong to us (and/or the Program presenters) and you shall not in any way, directly or indirectly, copy, reproduce, sell, supply, make available or otherwise deal with or use (except for purely personal purposes) the Materials or the Intellectual Property. In particular, you shall not make any form of audio, video or other recording during the Program.
Release, Indemnity, Limitation of Liability
14. To the furthest extent allowable by law:
14a. you release and indemnify us, our employees, servants, agents and service providers from any and all claims, actions, suits, proceedings, liabilities, damages, losses, compensation, costs, charges and expenses whatsoever in any way arising out of or resulting from your attendance or participation in the Program including, without limitation, any and all claims, actions, and liabilities for injury, loss or damage to you, anyone else or to any property, unless the same was caused by our gross negligence and recoverable on that ground following judgment of a competent court of final jurisdiction;
14b. we exclude all terms, conditions and warranties implied by custom, usage, general law or statute;
14c. in any event, we limit our total liability to you for all claims whatsoever (whether arising in contract, tort, statute or otherwise) for loss or damage suffered by you in relation to the performance of the Program Services to the total amount actually paid by you under this Agreement, and
14d. in any event, we exclude all liability for any consequential damage (including but not limited to, lost revenue or lost profit) suffered by you in any way relating to the Program Services or your exercise of rights under this Agreement.
15. We do not promise or guarantee any success, benefit, achievement or other result whatsoever in connection with the Program. You agree and acknowledge that you are wholly responsible for your signing up for, participation in and/or the outcome of any action, omission or decisions made in relation to your signing up for or participation in the Program, and that we shall not be responsible or liable to you, nor under any obligation to indemnify you, for any costs, expenses, losses, damages, liabilities which may be incurred or suffered by you in connection therewith.
16. Any queries or requests relating to the Program shall, before the Cutoff Time, be directed to Digimatic Media. After the Cutoff Time or in the event of a cancellation of the Program by us under Clauses 11 and 12, all such queries/requests shall be made directly to us.
17. All notices or other communications to the Parties shall be made to the addresses of such Party as specified in this Agreement.
Force Majeure: if any performance of the Program Services is prevented or cancelled because of an act of God, an inevitable accident, fire, blackout, flood, or any other calamity, or by reason of strikes or lockouts, or any other events beyond our direct control, then we may at our option postpone or cancel the performance of the Program Services and you will not be given any refund n the event of cancellation of the Program.
19. The non-exercise of or delay in exercising any of our powers or rights does not operate as a waiver of such powers or rights, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other powers or rights. A power or right may only be waived in writing, signed by us agreeing to be bound by the waiver.
20. Should any provision (in whole or in part) of this Agreement be determined by a court of competent jurisdiction to be unlawful, invalid, unenforceable or in conflict with any rule, statute or regulation, the validity and enforceability of the remaining provisions or parts thereof will not be affected.
21. This Agreement shall be binding on and shall continue for the benefit of the Parties and their respective successors and permitted assigns.
22. This Agreement constitutes the entire agreement between the Parties. Any prior arrangements, agreement, representations or undertakings are superseded.
23. Although Digimatic Media is not a party to this Agreement, it shall have the right to enforce any rights given to it in this Agreement expressly or by implication. Save for Digimatic Media, a person who is not a Party shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any terms and conditions of this Agreement.
24. This Agreement is governed by the laws of Singapore and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Singapore.
25. These terms and conditions may be altered by notice in writing from us or Digimatic Media.
26. Money Back Guarantee for GEM program participants ONLY.
26a. You will be refunded your full Course Fees if you are able to demonstrate, with justification to our full satisfaction, that (1) you have acquired a property within 12 months of attending the Event, and that (2) you are able to achieve annual double-digit percentage returns on that property in accordance with our principles and format taught to you during the Event.
26b. For the avoidance of doubt, in order to qualify as a participant of our Special Scholarship and stand a chance to be awarded a full refund of your Course Fees, you agree that we shall have full discretion to decide whether or not to award you with a refund on your Course Fees. You also agree that our decision is final and shall not be subject to appeal. You further agree that the Course Fees shall only be refunded to you upon your presentment to us of your payment receipt for the Event.
For more information please contact:
Program IP Owner
Ace Success Academy
A brand under Digimatic Media Pte Ltd
Edward Boustead Centre
82 Ubi Avenue 4, #06-03
Tel: +65 66369620