Term and Services

SoulCentre™

Disclaimer and Privacy Policy

TERMS OF USE INCLUDING PRIVACY POLICY AGREEMENT BETWEEN USER AND SOULCENTRE

TERMS OF USE

Please read this agreement (“Agreement”) carefully before accessing or using this web site (“Site”). By accessing or using the Site, you agree to be bound by this Agreement. SoulCentre, its consultants, authors and suppliers provide the information and services (”Services”) on this Site to you, the User, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of these Sites constitutes your agreement to all such terms, conditions and notices. The information and Services offered on this Site are provided with the understanding that neither SoulCentre nor its suppliers are engaged in rendering legal or other professional Services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site. SoulCentre, its consultants, authors and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, Services or other materials on this Site. While SoulCentre strives to keep the information on this Site accurate, complete and up-to-date, SoulCentre and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

PERSONAL AND NON-COMMERCIAL USE LIMITATION:

PROHIBITED USES

You may access, download and print materials on this Site for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of Users, databases or other lists, products or Services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of Users or other information. If and when requested by SoulCentre, you agree to provide true, accurate and complete User information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the prior written permission of SoulCentre, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.

PROPRIETARY RIGHTS

All materials on this Site (as well as the organisation and layout of the Site) are owned and copyrighted or licensed by SoulCentre, its affiliates or its suppliers. © Copyright SoulCentre, 2011 . All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on this Site is permitted without the prior written permission of SoulCentre.

TRADEMARKS

SoulCentre and other SoulCentre logos, product and service names are trademarks owned by/licensed to SoulCentre, or its affiliates (the “Marks”). Without the prior written permission of SoulCentre, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.

All other trademarks are the property of their respective owners.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Site, you warrant to SoulCentre that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SoulCentre Site/Services in any manner which could damage, disable, overburden, or impair any SoulCentre Site/Services (or the network(s) connected to any SoulCentre Site/Service(s)) or interfere with any other party’s use and enjoyment of any SoulCentre Site/Service(s). You may not attempt to gain unauthorised access to any SoulCentre Site/Services, other accounts, computer systems or networks connected to any SoulCentre Site/Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SoulCentre Site/Services. If you violate any of these terms, your permission to use the Site automatically terminates and you may be subjected to criminal and civil liability.

ELIGIBILITY

You warrant that you are at least eighteen (18) years of age and possess the legal authority to enter into this agreement and to buy items and use any other Services offered on this Site in accordance with all terms and conditions herein. If you are buying goods or using the Services, you further warrant that you have legal authority to enter into other binding agreements for the purchase of goods or use of Services. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You agree and undertake to supervise and be responsible for all usage of minors of the Services under your name or account. You also warrant that all information supplied by you or members of your household in using the Services, including without limitation your name, email address, street address, telephone number, credit card number is correct and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.

MEMBER ACCOUNT, PASSWORD AND SECURITY

If a particular SoulCentre Site/Service requires the User to open an account, the User must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. The User then will choose a password and a User name. The User is entirely responsible for maintaining the confidentiality and secrecy of his/ her password and account. Furthermore, the User is entirely responsible for any and all activities that occur under his/ her account. The User agrees to notify SoulCentre immediately of any unauthorised use of the account or any other breach of security. SoulCentre will not be liable for any loss that the User may incur as a result of someone else using the User’s password or account, either with or without User’s knowledge. However, the User shall be held liable for losses incurred by SoulCentre or another party due to someone else using the User’s account or password. The User may not use anyone else’s account at any time, without the prior written permission of the account holder.

LIABILITY DISCLAIMER

You use this Site at your own risk. If your use of this Site or the materials therein results in the need for servicing or replacing property, material, equipment or data, neither SoulCentre nor its affiliates are responsible for those costs.
CHANGES ARE PERIODICALLY MADE AND ADDED TO SOULCENTRE SITE AND TO THE INFORMATION HEREIN. SOULCENTRE, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL SOULCENTRE, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, REVENUE OR PROFIT ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SOULCENTRE, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOULCENTRE SITE/ SERVICES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOULCENTRE SITE/ SERVICES. THE SOULCENTRE SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF USERS OF THE SOULCENTRE SITE, ADVERTISERS, THIRD PARTY INFORMATION PROVIDERS AND ORGANIZATIONS. THE SOULCENTRE SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. SOULCENTRE MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE SITE OR ANY CONTENT, ADVERTISING, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. YOU ACKNOWLEDGE THAT ANY USE OF SUCH CONTENT, ADVERTISING, SERVICES OR PRODUCTS PROVIDED THROUGH OR ON THE SOULCENTRE SITE SHALL BE AT YOUR SOLE RISK. SOULCENTRE EXPRESSLY STATES THAT SOULCENTRE SHALL NOT BE RESPONSIBLE OR HELD LIABLE FOR ANY CONTENT, ADVERTISING, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE.

SOULCENTRE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION:

A.  ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES      WHICH ARE PART OF THE SOULCENTRE SITE; AND

B. WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OR WORKMAN EFFORT OR TITLE OR AGAINST      INFRINGEMENT. IN NO EVENT WILL SOULCENTRE, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS, BE      LIABLE TO YOU FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL,      SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY THE SOULCENTRE SITE, ITS PUBLIC POSTING      BULLETING BOARDS, ITS CONTENT OR ANY ERRORS OR OMISSIONS IN ITS CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF      SUCH DAMAGES. THE PRODUCTS, CONSULTATIONS AND SERVICES OFFERED ON SOULCENTRE ARE NOT TO BE UNDERSTOOD      AS A SUBSTITUTE FOR THE ACCURATE AND APPROPRIATE MEDICAL OR PSYCHOLOGICAL ASSESSMENT, DIAGNOSIS OR      TREATMENT PRESCRIBED IN A ONE-ON-ONE RELATIONSHIP WITH A PHYSICIAN OR MENTAL HEALTH PROFESSIONAL.      SOULCENTRE DOES NOT DISPENSE MEDICAL OR PSYCHOLOGICAL TREATMENT OR PRESCRIBE THE USE OF ANY TECHNIQUE AS      A FORM OF TREATMENT FOR PHYSICAL, EMOTIONAL OR MEDICAL PROBLEMS AS AN ALTERNATIVE TO THE ADVICE OF A PHYSICIAN      OR MENTAL HEALTH PROFESSIONAL. IF YOU HAVE, OR FEEL YOU HAVE, A MENTAL, EMOTIONAL OR PHYSICAL ILLNESS, OR IF YOUR      SITUATION COULD BE SERIOUS OR LIFE-THREATENING, YOU SHOULD CONTACT A PHYSICIAN OR MENTAL HEALTH PROVIDER      IMMEDIATELY.

C. ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless SoulCentre, its parents, subsidiaries, affiliates and suppliers, officers and employees from any liability, loss, claim, demand, damage and expense (including attorneys’ reasonable fees) related to your violation of this Agreement.

DISCLOSURE

SoulCentre reserves the right to disclose any personal information about you or your use of the SoulCentre Site/Services, including its contents, without your prior permission if SoulCentre has a good faith belief that such action is necessary to:

(1) conform to legal requirements or comply with legal process;
(2) protect and defend the rights or property of SoulCentre or its affiliated companies;
(3) enforce the terms or use; or
(4) act to protect the interests of its members or others.

SoulCentre’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of SoulCentre’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SoulCentre Site/Services or information provided to or gathered by SoulCentre with respect to such use. SoulCentre has the right in its sole discretion to edit, refuse to post or to remove any information or materials, in whole or in part.

USE OF SERVICES:

The SoulCentre Site/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). SoulCentre has no obligation to monitor the Communication Services. However, SoulCentre reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SoulCentre reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Caveat:

SoulCentre undertakes no obligations for confidentiality of information provided by you and you would do so entirely at your sole risk. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SoulCentre does not control or endorse the content, messages or information found in any Communication Service and, therefore, SoulCentre specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SoulCentre spokespersons, and their views do not necessarily reflect those of SoulCentre. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO SOULCENTRE OR POSTED AT ANY SOULCENTRE’S SITE

SoulCentre does not claim ownership of the materials you provide to SoulCentre (including feedback and suggestions) or post, upload, input or submit to any SoulCentre Site/Service or its associated services for review by the general public (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SoulCentre, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. SoulCentre is under no obligation to post or use any Submission you may provide and SoulCentre may remove any Submission at any time in its sole discretion.

PRIOR PERMISSION OF SOULCENTRE

Permission to use any documents (such as articles and other text) and related graphics (such as images, photographs, maps, charts, and illustrations) available from SoulCentre is granted, provided that (1) the proper credit and SoulCentre copyright notice appears on all copies; (2) use of the documents and graphics available from this Site is for informational and non-commercial or personal use only; and (3) no documents or graphics, including logos, available from SoulCentre are modified in any way. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

LINKS TO THIRD PARTY SITES

This Site may contain hyperlinks to web sites operated by parties other than SoulCentre, or its affiliates. For example, clicking on a category in the Features section on SoulCentre may bring you to a site operated by a party independent of SoulCentre, or its affiliates. Such hyperlinks are provided for your reference only. SoulCentre does not control such web sites, and is not responsible for their contents, including without limitation any link contained in the hyperlinks or any changes or updates of hyperlinks. Inclusion of hyperlinks by SoulCentre to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and Services therein, solely at your own risk. SoulCentre shall not be responsible for web casting or any other form of transmission received from any hyperlink nor is SoulCentre responsible, if the hyperlink is not working appropriately.

Furthermore, because our privacy policy is applicable only when you are on our Site, once linked to another web site, you should read that site’s privacy policy before disclosing any personal information.

SoulCentre shall not be responsible for any dealings with third parties (including advertisers) included within the SoulCentre Site/Services or participation in promotions, including the delivery of and the payment for goods and Services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, as these dealings are solely between the User and the advertiser or other third party.

CHANGES TO SITE

SoulCentre, its affiliates consultants, authors and/or its suppliers reserves the rights to make improvements or changes in the information, Services, products, and other materials on this Site including but not limited to changes associated with the use of Site, or terminate this Site, at any time without notice. SoulCentre may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

GENERAL TERMS AND CONDITIONS:

  1. SoulCentre shall provide the Services / merchandise only after the receipt of 100% payment in advance.
  2. After receipt of advance payment, if any of the services offered by SoulCentre could not be undertaken for reasons not attributable to the   User, the advance payment would be refunded to the User subject to any law which may govern such transfer of money. No refund will be   permissible if the Services contracted could not be conducted for reasons attributable to the User.
  3. Any liability on SoulCentre on any account shall be restricted to the value of the service/product in question. SoulCentre shall not be   responsible for any loss/claim/damage whatsoever beyond this value.
  4. Prices quoted by SoulCentre for various Services/merchandise include expenses incurred by SoulCentre for procuring the   Services/merchandise, bank transaction charges, communication charges, courier charges etc., except where it is indicated otherwise.
  5. Prices quoted in any International Currency are indicative only. However, due to exchange rate fluctuations, the actual price payable by the   User may vary from the indicated price. Users are requested to note that this is a requirement of the credit card processing companies, and   SoulCentre does not have much control over this matter.
  6. SoulCentre reserves the right to revise the prices at any time at its sole discretion without any notice. However, the User would be liable to   pay only at the prices prevailing at the time of acceptance of his order by SoulCentre.
  7. These General Terms and Conditions (GTC) would be in addition to any other Special Terms and Conditions (STC) which may be specified   by SoulCentre for any particular service(s).
  8. These GTC would be valid for all transactions with SoulCentre done through this portal unless specified otherwise for any particular   transaction(s).
  9. In the event that any GTC contained herein are in conflict with the STC or other terms and conditions contained with any particular SoulCentre Site, then these terms shall prevail.

Language of the Agreement

It is the express will of the parties that this Agreement and all related documents have been drawn up in English.

Governing Law

This Agreement shall be governed by, interpreted and enforced in accordance with the substantive laws of Singapore and disputes arising in respect hereto shall be subject to the exclusive jurisdiction of the relevant courts of Singapore.

No Agency

This Agreement shall not constitute any party as the legal representative or agent of any other, nor shall any party have the right or authority to assume, create or incur any liability or obligation, express or implied, against, in the name of, or on behalf of another party. Except as may be expressly set forth herein, this Agreement is not intended to create and shall not be construed to create a relationship or partnership, joint venture or association between the parties.

Partial Invalidity

If any provision of this Agreement or the application thereof to any person or circumstance is or becomes invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Any invalid or unenforceable provision of this Agreement shall be replaced with a provision which is valid and enforceable and most nearly gives effect to the original intent of unenforceable provision.

LEGAL NOTE

The trademarks, logos and service marks (collectively the “Trademarks”) displayed on this site are Trademarks owned or licensed by SoulCentre Pte. Ltd. Nothing on this site should be construed as granting, by implication or otherwise, any license or right in or to the Trademarks without the express written permission of SoulCentre Pte. Ltd. the owner of the Trademark. In addition, any reproduction, retransmission, modification or use of this site’s content for other than personal, non-commercial purposes requires the prior written consent of SoulCentre Pte. Ltd.