Terms & Conditions

Effective date: 2022-08-12

 

Preamble Ramble

THESE TERMS & CONDITIONS ARE DRAFTED FOR PURPOSTRY’S UNIQUE COMBINATION OF PRODUCTS, AND THAT ITS HOLDING COMPANY IS INCORPORATED IN SINGAPORE.

YOU MIGHT BE TEMPTED TO COPY THIS POLICY THINKING THAT TIMOTHY LOW USED TO BE A CORPORATE LAWYER. BESIDES THAT BEING AN INFRINGEMENT OF COPYRIGHT, THIS PRIVACY POLICY PROBABLY WILL NOT BE SUITABLE FOR YOUR BUSINESS.

 

Terms & Conditions Start Here...  

 

BACKGROUND INFORMATION

These terms and conditions (“Terms & Conditions”) form part of the legally binding Agreement that you enter into with us when you visit, view, access or otherwise use any Content, including without limitation this Website.

 

PARTIES

“You”, “your” or any other related word refers to any person who visits, views, accesses, or otherwise uses the Content, including without limitation this Website, or any Product.

 

Digimax Life Pte Ltd is a company incorporated in Singapore, that operates this website, Purpostry.com, including all related subdomains (“Website”), and provides Content. (“Company”, “we”, “us”, or “our”)

 

AGREEMENT (INCLUDING THESE TERMS & CONDITIONS)

These Terms & Conditions apply to all Content, and govern all interactions between you and us.

 

“Content” is information you receive through the Website, Products, and other forms of communication, including without limitation all of the various means we use to communicate with you, including via this Website, videos, podcasts, presentations, email, phone, social media, Products or otherwise. 

 

“Products” are free or paid Content in the form of programs, courses, coaching, presentations, webinars, classes, ebooks and other products or services provided by us.  Products are a type of Content, and may comprise Content.

 

The Content is offered or provided subject to the terms and conditions in these Terms & Conditions.  For the avoidance of doubt, these Terms & Conditions form an integral part of the Agreement. 

 

By visiting, viewing, accessing or otherwise using the Content, you agree to be bound by these Terms & Condition, the Disclaimer and the Privacy Policy, which are hereby incorporated by reference (collectively, “Agreement”). 

 

If you do not agree and accept the terms and conditions of the Agreement (including this Disclaimer), you are required to leave this website immediately, and cease using the Content, even if you have paid for it.

 

We may amend the Agreement (including these Terms & Conditions) from time to time without reference to you. Amendments have immediate effect upon publication on the website. You are solely responsible for keeping abreast of updates, as your continued use of the website and Products after any amendment the Agreement will constitute your acceptance and agreement to continue to be bound by the latest Agreement, including any and all amendments.

   

CONDITIONS OF USE

 

Conduct

• You will
  • comply with all applicable laws, regulations and all the terms of this Agreement;
  • notify us if you know or have reason to know that a violation of any of these provisions has occurred;
• You will not upload, post, send, email, or otherwise make available:
  • any information or content which in any way infringes any intellectual property or proprietary rights;
  • any information or content which contains any information or content which you do not have the explicit right to make available;
  • material or behave in any manner which could be perceived as harassing, demeaning, threatening, “stalking”, defamatory, sexually explicit, abusive, vulgar, hate speech, obscene, indecent or otherwise objectionable;
  • material which would reveal the personal information of another individual;
  • any materials which contain viruses, devices, information collection or transmission mechanisms, trojan horses, worms, time-bombs, adware, keystroke loggers or any other programs or code which would be harmful to, interfere with or attempt to interfere with our systems;
• Further, you will not
  • share your right to access any Product, sharing passwords, printing and distributing webpages via PDF, paper, reading a screen together, sharing screens, or sharing your access to the Product in any other way;
  • act in any way that is fraudulent, false, misleading, deceitful or deceptive;
  • behave in any manner which could limit or otherwise impact any other person’s use or enjoyment of the website and/or any Product;
  • attempt to gain unauthorized access to any portion of the website or any of the Products;
  • deploy any automated query program, such as a bot or spider, at any time or for any purpose without our express written consent;
  • block or cover any advertisements on the website;
• Additionally, you will not engage in or procure the engagement of
  • any unsolicited or unauthorized advertising nor will you send any spam;
  • in any activity which would violate any law, constitute a criminal offense, give rise to civil liability, or infringe on the rights of any third party;
  • market research or any research intended to help a competitor;

 

We reserve the right to deny access to the website and any Products in our sole discretion at any time and for any reason, take appropriate legal action against anyone who, at our sole discretion, violates this provision.  You will not be given a refund if you have any the right to access any Product denied for violating this provision.

 

If you violate the terms and conditions in this Agreement, including violation of the License granted to you, we reserve the right to terminate your access to the Products, without refund, and to invoice you for any damages.

 

Purchasing Products

When you purchase a Product, you agree to pay us the price of that Product, including any subscription fees.

 

You will be required to either make a one-time payment, select a payment plan, or select a subscription plan.  You will provide us with complete, accurate and up-to-date billing information for your credit card or other payment instrument, such as PayPal. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. You hereby authorize us to bill your credit card or other payment instrument the price of that Product, including any subscription fees.

 

You will promptly update your account information with any changes (e.g. any change in your billing address or credit card expiration date) that may occur.

 

You are solely responsible for all applicable fees and taxes for Products that you purchase. 

 

Subscriptions

If you purchase a subscription Product, you agree that your purchase will be automatically renewed until the end of the term (if the Product was purchased with a fixed term, for example 1 year), it is cancelled by you, terminated by us in accordance with these Terms & Conditions, or the Product is discontinued by us at our sole discretion.  

 

You may cancel your subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund (fully or partially) any subscription fees already paid to us. However, following your cancellation, you will continue to have access to your subscription until the end of the current subscription period.

 

Recurring Payments

If you make purchases on a payment plan or subscriptions with recurring payments, it is your responsibility to keep your payment method up-to-date.  You hereby authorize us to maintain your payment details and charge that account automatically upon the renewal of the subscription plan without notice to you.  

 

If you make a purchase on a payment plan with recurring payments, and your payment method is declined or expired, your access to the Product(s) will be terminated immediately.  You will not be given a refund or credit for payments already made.

 

If you make a purchase on a subscription with recurring payments, if your payment method is declined or expired, we may, at our sole discretion, (a) bill you for continued access to the Product, and suspend your access to the Product until payment is received; and/or (b) terminate your subscription and access to the Product. 

 

Notwithstanding any suspension or termination, you hereby agree to pay all applicable fees and taxes due upon demand.  You also agree to pay all costs of collection on any outstanding balance, and make up for all loss suffered by us, including but not limited to attorney’s fees. 

 

Bonuses

Bonuses are additional resources to be used in conjunction with Products that you purchase.

Any bonuses are provided at our sole discretion and are non-exchangeable for cash or any other Products.

 

INTELLECTUAL PROPERTY

The Content, whether free or paid for, including without limitation, videos, training modules, courseware, photographs, sound recordings, images, digital content, material software, text, graphics and other material, are owned or licensed by the Company and are protected by copyright, trademarks, design rights, database rights and all other intellectual property rights, whether registered or unregistered, afforded to us (“Intellectual Property”).

 

Without limiting the generality of this Agreement, by accessing the Content you agree to the terms of the License granted to you to access our Intellectual Property.  If you purchase any Content or access any free Content, we grant you a limited, non-sublicensable, non-transferable, non-exclusive, revocable license (“License”) to use or access the Products for your personal and non-commercial use.  For avoidance of doubt, you may not download (unless our express approval is given by placing a “DOWNLOAD” button), reproduce, resell, distribute, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Products for any commercial or non-personal use. 

 

Your License is for individual use only.  You cannot assign or transfer your rights.

 

If you purchase a Product, you will be given the right to access that Product.  You may not share your access to that Product, sharing passwords, printing and distributing webpages via PDF, paper, reading a screen together, sharing screens, or sharing your access to the Product in any other way.

 

If you violate the terms of this License, we reserve the right to terminate your access to the Content (for the avoidance of doubt, this includes any Product), even if you have paid of it.  In such an instance you will not be eligible for a refund even if you are within your refund period.  Further, we reserve the right to invoice you for any damages.

 

User Content

When you communicate content or other materials to us or other users of our Website, Products, or Content via uploading this Website or Product, sending email, telephone conversations, social media, commenting, chatting, posting in community forums, or otherwise (“User Content”), you represent and warrant that you own all right, title, interest in and to such User Content, including, without limitation, all copyrights, rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights.

 

By uploading or otherwise communicating User Content you hereby grant and will grant us, our affiliated companies and partners a non-exclusive, worldwide, royalty free, fully paid up transferable, sub-licensable, perpetual, irrevocable licence to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (including commercial purposes).

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, testimonials or other information relevant to the Website, Product, or Content, provided by you to us, our affiliated companies or partners are all User Content, and non-confidential regardless of form in which it was communicated (via, email, private chat, telephone conversation or otherwise) and we, our affiliated companies and partners will be entitled to the unrestricted use and dissemination of these for any purpose, including commercial purposes, without acknowledgement of or compensation to you.

 

You acknowledge and agree that we may (but are under no obligation to) preserve content and may also disclose content in our sole discretion.

 

You understand that the technical processing and transmission of the Content, or Product, including your User Content, may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

NO WARRANTIES

You use the Content entirely at your risk. The Content is provided on an “as is” and “as available” basis. We do not make any representations, or provide any warranties, express or implied, relating to the Content, including but not limited to warranties of fitness for a particular purpose, merchantability, title, and non-infringement of third parties’ rights.  Further, we do not make any representations, or provide any warranties, express or implied, that the Website, Products, or any other Content will be available, without error, will operate free from error, or that the Website, Products, or any other Content is, or is hosted on servers that are free from computer viruses or other potentially harmful or destructive features.  If you live in a jurisdiction that does not permit exclusion of certain warranties, the unpermitted exclusions referenced in this clause will not apply to you.

 

LIMITATION OF LIABILITY

To the fullest extent permissible by law, the Company and our directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees, as applicable, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary or other loss or damage, including but not limited to damages for loss of profits, goodwill, business interruption, use or loss of data or other intangible losses, which may directly or indirectly arise out of or be related to your use of or inability to access the Content, Website or any Products or your reliance on any Content, advice, opinion, information, representation or omission contained on, or received in the Content, even if we have been advised of the possibility of such damages occurring. 

 

This limitation of liability applies whether such liability arises from negligence, breach of any legal duty, tort, breach of contract or any other theory of liability, legal or equitable.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company and our affiliates, and our respective directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees from and against any and all damages, liabilities, losses, costs and expenses resulting from any suits, proceedings, judgments, demands, causes of action and claims (collectively, the “Claims”), including legal and accounting fees and expenses, whether or not involving a third party claim, to the extent arising out of, relating to or resulting from: (a) your use or misuse of the Content, this website or any of our Products, (b) your breach of this Agreement, or (c) your violation of any third party rights, including without limitation any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights.  We will provide you with notice of any Claims, and may in our sole discretion assist you, at your expense, in defending such Claims PROVIDED ALWAYS THAT we reserve the right to assume exclusive control of defending any such Claim, at your expense, including choice of legal counsel.  You agree to cooperate and assist us in defending any such Claim.

 

CONFIDENTIAL INFORMATION

Do not share information that we share with you, that has been stated to be confidential.  Do not share information with us that has been shared with you by any other party that has been stated to be confidential.  Do not upload, post, email, or otherwise make available through our Website or any other Content, any material that contains any confidential information.

 

CONTENT AVAILABILITY

The Content may sometimes not be available, whether or not you have purchased it. Examples of such times are when we are introducing new features, or we are maintaining or repairing our systems, or our access to systems provided by third parties are limited or delayed.  Your access to the Content, Website or Products may also become permanently disabled, such as if we decide to terminate the operation of the Content, Website or Products.  We cannot guarantee that you will have continuous access to the Content, Website or Products.

 

REFUNDS

We reserve the right to change our refund policy at any time. 

 

Learn Purpostry Courses with more than 2 modules

If you are not satisfied with a Product, please contact us within 30 days of your purchase and we will gladly issue you a full refund.

 

Learn Purpostry Courses with fewer than 2 modules

If you are not satisfied with a Product, please contact us within 7 days of your purchase and we will gladly issue you a full refund.

 

Live Purpostry Essential Portfolio Products

If you are not satisfied with a Product, please contact us within 30 days of your purchase and we will gladly issue you a full refund. 

 

Live Purpostry Elite Portfolio Products

These Products are non-refundable under any circumstances. 

There are no refunds or credits given for any partially used subscription plans.

  

GOVERNING LAW

All matters relating to or arising out of this Agreement shall be governed by and construed and interpreted under the laws of Singapore without regard to conflicts of laws principles that would require the application of any other law.

 

BINDING ARBITRATION

In the event that either party asserts that there is a dispute arising out of or relating to this Agreement, such party shall first notify the other party in writing, specifying the nature of the dispute and scheduling a meeting to attempt to resolve the dispute. 

 

If no resolution is reached within thirty (30) calendar days of the delivery of the written notice, either party may then elect to exclusively and finally resolve the dispute by binding arbitration by filing a written notice of arbitration in accordance with this section under the subheading “Binding Arbitration” and the Arbitration Rules of Singapore International Arbitration Centre applicable at the time of submission of the dispute to arbitration (the “SIAC Rules”). 

 

Notwithstanding anything to the contrary in the SIAC Rules, the following terms and conditions shall apply.

 

The arbitration shall be conducted by a panel of three (3) arbitrators.  Each party shall have the right to appoint one (1) arbitrator within fifteen (15) days following the delivery of the written notice of arbitration, and a third arbitrator shall be selected by those two (2) party-appointed arbitrators within thirty (30) days of the appointment of the two (2) party-appointed arbitrators.

 

The parties shall equally bear the costs and fees of the arbitration, and each party shall bear its own cost for its own legal expenses.  The arbitrators shall apply the substantive law set forth in the section of this Agreement under the subheading “Governing Law”.  Arbitration will be held in the English language, and conducted on a confidential basis.

 

The arbitrators shall specify the reason and basis for their decision, the reason for any damages awarded and the breakdown for such damages awarded, and the basis for any other remedy authorized under this Agreement, including but not limited to injunctive relief or specific performance.  For the avoidance of doubt, nothing in this Agreement shall prevent us from seeking injunctive or other equitable relief.

 

The decision of the arbitrators shall be the final and binding resolution of the dispute, shall be final and binding on the parties, and shall not be subject to appeal or reexamination.  The award of the arbitrators may be entered as a judgment and enforced by any court of competent jurisdiction.

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY PROCEEDINGS, ACTION OR COUNTERCLAIM. 

 

INJUNCTIVE OR OTHER EQUITABLE RELIEF

We may seek injunctive or other equitable relief that is necessary to protect our rights and intellectual property.  All actions or proceedings related to this Agreement that are not subject to binding arbitration will be brought solely in the courts of Singapore.  You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of the courts of Singapore for purposes of any such action.

 

COMPLIANCE WITH LAWS

The website is intended only for individuals over the age of 21 residing in Singapore.  We do not make any representations that this website is appropriate or available for use outside of Singapore.  If you access the website or any of our Products from outside Singapore, you do so at your own risk and on your own initiative.  It is solely your responsibility to ensure compliance with applicable laws in your specific jurisdiction.

 

CLASS ACTION WAIVER

You agree that any dispute arising out of or relating to this Agreement shall be solely between you and the Company. 

 

YOU AGREE TO WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION.  YOU AGREE THAT YOU WILL ONLY MAKE CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND CANNOT MAKE CLAIMS AGAINST US AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.

 

Nothing in this provision shall imply a right to form a class, as no right to a class action exists under the Governing Law.

 

ENTIRE AGREEMENT

These Terms & Conditions, the Disclaimer and Privacy Policy constitute the entire Agreement between you and us and supersede all prior agreements and undertakings, both written and oral.

 

TERMINATION OF AGREEMENT

We may, in our sole discretion, terminate this Agreement, or terminate, restrict, deny, or suspend your access to Content or all Products (notwithstanding that you have paid for them, without providing any refund) at any time and for any purpose without prior notice.  We also reserve the right to discontinue any or all of the Content or Products at any time and for any reason without prior notice.

 

SEVERABILITY

If any term or other provision of this Agreement is held to be invalid, prohibited or unenforceable under applicable law, the other provisions of this Agreement will remain in full force and effect.

 

NON-WAIVER

Our failure to act on or delay in exercising any privilege, power or right under this Agreement will not operate as a waiver of such privilege, power or right, and no single or partial exercise of any such privilege, power or right will preclude any other or further exercise of such privilege, power or right or the exercise of any other privilege, power or right.

 

EFFECT OF HEADINGS AND SUBHEADINGS

Headings and subheadings in this Agreement are used for convenience of reference only and in no way define, describe, limit or extend the scope of this Agreement or the intent of any of its provisions.  They shall not be considered in construing or interpreting this Agreement.

 

ASSIGNMENT, ETC

The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the successors, heirs, executors, administrators, legal representatives and assigns of the Company.  Nothing in this Agreement, express or implied, is intended to confer upon any party other than the Company or our successors, heirs, executors, administrators, legal representatives and assigns, any rights, remedies, obligations or liabilities under this Agreement.  You may not assign any of your rights or transfer any obligations under this Agreement.

 

If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and disbursements in addition to any other relief to which such party may be entitled.

  

CONTACTING US

If you have any questions related to these Terms & Conditions please contact us by email at [email protected]