Thank you for visiting our website (www.zerogiveup.com). Our website, content, products, and services are provided by zerogiveup.com (“zerogiveup.com,” “we,” “us,” or “our”).
For ease of reference, here are the definitions of the key terms in this document:
Our website refers to the site located at zerogiveup.com and all the pages under this domain (collectively, “Website”).
Our Website is free to use with a selection of free articles, podcasts, ebooks, videos, and manifestos (collectively, “Free Content”).
Visitors can purchase access to a selection of digital ebooks and pre-recorded video courses (collectively, “Premium Products”).
Visitors can also purchase access to live courses and live webinars that are conducted online (collectively, “Live Courses”).
Visitors can also sign up for our 1-1 coaching services (“1-1 Coaching”).
Our Website, Free Content, Premium Products, Live Courses, and 1-1 Coaching are collectively known as “Services.”
THIS AGREEMENT INCLUDES (1) A BINDING ARBITRATION PROVISION, AND (2) CLASS ACTION WAIVER, WHICH IS A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THESE TERMS CAREFULLY.
By accessing or using any of our Services, you agree to be bound by these Terms, which will be updated from time to time in accordance with Section 19 below. IF YOU DO NOT AGREE TO ANY OF OUR TERMS, PLEASE DO NOT USE OR ACCESS OF OUR SERVICES AND DELETE ALL OUR DATA IN YOUR POSSESSION IMMEDIATELY.
Eligibility. Our Services are not intended for use by anyone under the age of 13. By using our Services, you warrant to us that you are 13 years of age or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Unless otherwise indicated, our Services and all content and materials on or made available via our Services, including without limitation our articles, videos, podcasts, and website source code, are the proprietary property of Personal Excellence and its respective licensors and are protected by applicable copyright laws. You do not acquire any ownership rights to any of the materials on or made available via our Services. Any use, copying, redistribution and/or publication of any part of the Services, other than as expressly provided in these Terms, is strictly prohibited.
Personal Excellence, Live a Better Life in 30 Days Program, Be a Better Me in 30 Days Program, Anti-Procrastination Course, How to Stop Stress Eating Course, Soulmate Journey, and their logos and slogans, and any other product or service name, logo or slogan contained in our Services are trademarks, service marks, and/or trade dress of Personal Excellence and/or its licensors and may not be copied, imitated or used, in part or in whole, without the prior written permission of Personal Excellence or the applicable trademark holder. In addition, the look and feel of our Services, including all custom graphics and layout and organization, is the proprietary property of Personal Excellence and may not be copied, imitated, or used, in part or in whole.
Non-Disclosure of our Confidential Information.
You acknowledge that certain materials on or made available via our Services and our communications to you may contain our Confidential Information. “Confidential Information” means information that we regard as proprietary or confidential relating to our business, products, and services, including without limitation our coaching methodology, coursework, lesson plans, coaching exercises, business plans, strategies, methods, processes, and/or practices that is not known to public, and is provided to you in connection with your access to, or use of, our Services.
The following obligations exclude Confidential Information that: (a) is part of the public domain without any breach of these Terms by you; (b) you already knew prior to the disclosure of our Confidential Information as documented by written records; or (c) is rightly given to you by a third party without confidentiality obligation, independent of any use of or access to our Services.
You agree to: hold our Confidential Information in the strictest confidence, not use it except as permitted with your use of our Services under these Terms, and not disclose it to any third party without our prior written consent, unless you are required to disclose it by law.
You agree that in the event of any unauthorized disclosure of our Confidential Information, it may cause irreparable harm to us and we will therefore be entitled to immediate injunctive and other equitable relief, in addition to any other available remedies, without bond and without the necessity of showing actual monetary damages.
Scope of Use — Permissions and Restrictions.
Free Content. As a visitor, you are authorized to access and use our Website and Free Content for your informational use, subject to these Terms. In addition, you are granted a personal, non-sublicensable, non-exclusive, revocable, and limited license to (a) distribute and reproduce; or (b) create derivative works of our Free Content, subject to the terms in this Agreement and the following terms:
The platform you are reproducing our Free Content on does not have any unlawful or objectionable content;
You must provide (a) clear attribution to Personal Excellence by name and (b) a visible and human- and machine-followable link back to www.personalexcellence.co (or the URL the content is taken from our Website) on all places where our Free Content is used;
For downloadable resources, please link to our webpage where the resource can be found. Do not link directly to the resource. Do not hotlink any images on our articles, but upload them to your server. When sharing our free videos, please embed them directly from our YouTube channel; do not upload our videos anywhere.
You may create derivative works of our Free Content, subject to these Terms, provided that they stay true to the message of the Free Content. For example, you may translate one of our articles to another language provided that the translation is true to the message of the article. You may not use our material for satire, to spread hate, or in any way not true to the intent or purpose of the content.
You agree not to: (a) remove, obscure, or alter any watermark or copyright notices; (b) resell, lease, rent, or sublicense our Free Content; (c) frame or utilize framing techniques to enclose our Website or Free Content; or (d) reproduce our Free Content in an unreasonable way as determined by Personal Excellence.
While we are fairly flexible in allowing others to use our free content, please do not copy and paste an unreasonable number of our articles (more than 10) on your website. You may not aggregate our RSS feed and by extension, our content, as part of another blog. This includes the use of any robot, spider, crawler, scraper, or other automated means or interfaces not provided by us to access or extract our content.
You may not: present our Free Content in a way that looks like you have a relationship with us or that we have endorsed you for any purpose.
This license does not apply to the intellectual property of any third party, such as images not created by Personal Excellence. Please contact the respective owners for their permission.
Site Design. You may not copy our Site Design in any way. “Site Design” means, without limitation, our HTML code, CSS, logo, look and feel of our Website, and graphics. You shall not: extract or reverse engineer any part of our Site Design; create derivative works of our Site Design; or create another website with a similar look and feel as our Website.
Premium Products, Live Courses, 1-1 Coaching. When you purchase access to our Premium Products, Live Courses, or 1-1 Coaching, you are granted a personal, non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable, and limited license to access and use the product or service you purchase, subject to these Terms and the following terms:
Only for Intended, Personal Use. This license is for the sole purpose of enabling you to benefit from our products or services as intended by us, and is meant for your personal, non-commercial use. For example, if you purchase access to our Anti-Procrastination Course, the intended use is to use the program to address procrastination and improve your productivity, not to study the materials and extract information for your own product or service. You may not use our materials to get ideas, content, techniques, or information for your product, service, or business, or for any purpose not set forth in these Terms.
No Sharing; Non-Transferable. You may not: (a) share the materials made available via our product or service in part or in whole, or (b) share your access with anyone. This includes but is not limited to worksheets, slides, audio content, video content, and account access. Users who wish to access or use the materials must purchase their own access to our products or services from Personal Excellence, subject to these Terms.
Protect Your Account. For purchases that come with an account access, you agree to protect your account and account information from any unauthorized access. Notify us immediately if you suspect there is a security breach related to your account.
No Distribution, Reverse Engineering, or Derivative Works. You may not: (a) copy, distribute, transmit, reproduce, publish, upload, email, publicly perform, or publicly display; (b) reverse engineer, decompile, or disassemble; or (c) modify, extract, translate, adapt, or create derivative works of any of the product or service or any of the information or materials in or made available via the product or service.
No Recording or Downloading. You may not record or download any of the materials unless expressly permitted. For example:
For our Premium Products, you may not use software or scripts to record or download videos in the course portal that have not been permitted for downloading.
For our Live Courses and 1-1 Coaching, you may not record any of the live sessions or 1-1 calls, in any manner (whether by video or audio recording, screen capture, or other forms of recording), in part or in whole.
No Reselling, Leasing, Renting, or Sublicensing. Your purchased access is for your use only. You may not resell, lease, rent, or sublicense our product or service or access to our product or service, in part or in whole.
No Other Rights. Except for the express rights contained in these Terms, Personal Excellence grants you no other rights or licenses (whether express, implied, by virtue of estoppel or exhaustion, or otherwise) to our Intellectual Property.
Payment Terms. All purchases at Personal Excellence are subject to the following terms:
Payment Obligation. The prices for our products and services are provided at the point of purchase. You are responsible for paying all charges relating to your purchase, including any applicable taxes and fees. You authorize us (or our third-party payment processors) to charge your designated payment method for your purchase.
Installment Plans. We offer installment payment plans for certain products and services. The installment details are specified at the time of purchase.
If you opt to pay by installments, (a) you agree to keep your designated payment method information, including all billing information, current, complete and accurate, and (b) you grant Personal Excellence the permission to automatically charge the applicable installment fee to your designated payment method, at the start of each payment period, until all installments have been paid in full.
In the event of a failed installment payment, your course access will be suspended. Our payment processor will attempt to rebill your designated payment method after a certain number of days. If your installment payment still fails after a certain number of retries, your payment plan will be suspended and there will be no refund of the paid amounts.
Your Information. You agree to provide current, complete, and accurate information (including your name, email address and billing details), which will be used to process your order and send you the instructions to access your purchased product or service. Personal Excellence is not responsible for any delay in accessing or failure to access your purchased product or service due to inaccurate or missing information provided by you. Certain Premium Products may come with an account access, and if so you agree to keep the information in your account current, complete, and accurate at all times.
Taxes. You are responsible for any applicable taxes and fees payable in connection with your purchase. If you do not pay such taxes and fees on a transaction, you will be responsible for such taxes and fees in the event that they are later determined to be payable on such sale, and Personal Excellence reserves the right to collect them from you at any time.
No Cancellations or Refunds. Unless otherwise stated, all sales are final and we do not offer any cancellations or refunds. With live courses, due to the nature of the live event, no refunds will be provided for any sessions that you miss or fail to attend. If you choose to pay by an installment plan, you are required to complete all installment payments. Failure to pay an installment fee may result in the immediate suspension or termination of your access to your purchased product or service, with no refund of the paid amounts.
Money-Back Guarantee and Refund Policy. Some of our Premium Products come with a money-back guarantee. If so, this will be indicated clearly on the sales page. Refunds are subjected to our refund conditions which can be found at this link: https://personalexcellence.co/terms/refund/.
When you complete full payment for a product that is advertised as “lifetime access,” you will receive access to the purchased product for the duration that Personal Excellence offers that product or the course portal for that product.
Personal Excellence is constantly growing and as part of this growth, we may modify or discontinue any of our Premium Products or parts of our Premium Products at any time and without notice. When we discontinue a product, it means that we will no longer offer the product or its portal, but you can still use the content within the usage rights granted to you from your purchase.
If we discontinue a product, we will try to give you reasonable notice and a chance to download a copy of your purchased Premium Products. Please download any material you want to keep within this notice period. All provisions of these Terms, including Sections 3, 4, and 5.4, shall survive the discontinuation of any of our products.
Support Limitations. We will do our best to support customers who need help accessing their purchased products or services, within our customer support hours, but we are not able to provide support in areas that lie beyond our support scope, such as issues related to your computer setup, hardware, or connectivity issues due to your internet service provider. Please access our FAQs page for answers to common enquiries and contact us from that page if your question is not addressed.
Premium Products. Our products are intended to be self-administered and do not come with any live calls or coaching support.
Loss of Files. For purchases of download-only Premium Products, you agree to download the materials in a timely manner and to back up your downloaded files. While we will do our best to support our customers who need help, we are not responsible for the personal loss of files such as due to hard disk crashes or misplacement of files. We encourage all customers to backup their downloaded files in an external hard disk or a thumb drive to prevent any unexpected data loss.
Live Courses. In addition to the terms of this Agreement, the following terms apply when you sign up for our Live Courses:
Ticket Validity. Your ticket is only valid for the particular run of the live course that you sign up for. The ticket does not grant you access to future runs of the same course. Access to future runs needs to be purchased separately and individually for each run, when that particular run opens for registration.
Coaching Support. Some live courses come with different levels of coaching support. The level of coaching support you will get depends on the plan you purchase, so please pick the tier that best fits your needs. A default live course access access does not come with 1-1 coaching calls or email coaching.
Course Updates. You agree to regularly check your email and discussion forum of the live run (if applicable) for updates throughout the live run. All key updates will be sent via these channels.
Course Recordings. You acknowledge that live sessions will be recorded by Personal Excellence, in our sole discretion. The recorded sessions may be edited for length and clarity and will be sent to the course participants for viewing (not download) after each live session ends. These video recordings are provided as a supplementary resource, and are not meant to substitute the attendance of the live sessions. Viewing access will be removed once the live run is over.
Course Content. You acknowledge that anything you share as part of your participation in the live courses, including, without limitation, audio sharing during the live course sessions, text chat, discussion group messages, and accompanying information (such as your name and profile photo), is considered our course content (collectively, “Course Content”) and may be used as future content and marketing material for our Services.
No Recording by You. You may not record any session, as specified in Section 5.4.5. You are welcome to take down notes for your personal use. Slides and worksheets, where applicable, shall be shared with you for your personal use, subject to these Terms.
No Make-up Sessions. It is the participants’ responsibility to attend all live sessions and follow-through the course curriculum closely. There will be no make-up sessions for any missed sessions.
Rescheduling. In the event where a session needs to be rescheduled, we will do our best to inform all participants in a timely manner via email or the official communication channel of the live run. While we will do our best to give sufficient notice, please note that there may be unforeseen circumstances out of our control. Personal Excellence reserves the right to reschedule any sessions in our sole discretion.
Non-Transferable. Your ticket is only for your access and may not be shared with anyone. You may not share the dial-in details or webinar links with anyone. You may not allow other people to attend or listen in the sessions with you, or access any of the materials or information shared with you as part of the live run. Anyone who wishes to access the live run needs to purchase their own ticket.
Restricted Use. The materials made available via our Live Courses, including without limitation the slides, worksheets, and coaching exercises, are part of the Intellectual Property of Personal Excellence. Your usage is subject to the terms set forth in Sections 4 and 5.4, along with the other terms in this Agreement.
1-1 Coaching. In addition to the terms of this Agreement, the following terms apply when you sign up for our 1-1 Coaching:
No Extension. Please stand by the selected call method at the start of the call time. The call will start at your indicated time slot and time zone, and end at the end of the call duration, and will not be extended due to unexpected disruptions. To minimize disruptions, please (a) get your headset and microphone ready and test them before the call, and (b) use a high-speed LAN connection for the best connectivity.
Rescheduling. Any rescheduling must be made at least 48 hours in advance. Each 1-1 call session can only be rescheduled a maximum of one time. Calls that are rescheduled more than one time will be forfeited.
No Email Support. The purchase is for the number of coaching calls and the call duration specified at the point of purchase. There is no email support.
Call Method. All calls will be made via Skype, or if requested, by direct phone line. If a call is made via direct phone line, there will be no video or webcam feed.
No Recording by You. You may not record any session as outlined in Section 5.4.5.
Redemption Period. All sessions must be redeemed within the mentioned redemption period from the date of purchase. Meaning if you purchased a 1-1 coaching package with a four-month redemption period on 1st Jan, you need to complete all the calls by 1st May. Unredeemed sessions will be forfeited.
As a user, you may post, submit, or share content to interactive areas of our Services, such as blog comments, discussion forums, and social media pages. Content includes, without limitation, comments, images, videos, audio, feedback, and accompanying information such as your name and profile photo (collectively “User Content”). You understand that Personal Excellence does not guarantee any confidentiality with respect to the User Content you submit.
You are solely responsible for your User Content and the consequences of submitting and publishing your User Content on our Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit; and you license to Personal Excellence all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on our Services pursuant to these Terms. Please do not post content that you don’t have the rights to publish.
You retain ownership rights of your User Content. However, by submitting User Content to our Services, you grant Personal Excellence and our sublicensees a worldwide, non-exclusive, royalty-free, freely sublicenseable, transferable, perpetual, and irrevocable license to use, store, reproduce, publish, perform, display, modify, adapt, and create derivative works of such User Content in connection with our Services and our business, including without limitation for improving and promoting our Services, in any media format and through any medium. If you wish to keep any information private or proprietary, please do not post them anywhere on or via our Services. This license you grant survives even if you stop using our Services.
Personal Excellence reserves the right (but is not obligated to) screen, edit, monitor, or delete any of the User Content posted on our Services, in our sole discretion, at any time and for any reason without notice. We are not obligated to store any User Content and it may be removed or deleted at any time.
Your Communications to Us. Separate from User Content, you may submit communications directly to us, including without limitation messages sent via the contact forms on our Website, audio clips, emails, and private messages sent via social media (collectively, “User Communications”).
To avoid any misunderstanding if your ideas are similar to the ones we have developed independently, please do not send to us anything that you consider proprietary or confidential. You agree that all User Communications sent to us shall become property of Personal Excellence.
Furthermore, you acknowledge that your communications with and to us, including, without limitation, feedback, questions, comments, and thank-you messages, are non-confidential. We are free to, in our sole discretion, edit them for clarity and publish them on our Services for any purpose, such as to improve our Services, as a testimonial for our Services, or to help other users with similar problems, and to associate them with accompanying information such as your name and profile picture (absent your email address). We may use User Communications for any purpose without compensation or attribution to you.
User Guidelines. As a user of our Services, you have the responsibility to comply with our guidelines. This includes the following commitments:
You will behave respectfully in all your communications with us or any user through our Services.
You will not bully, intimidate, or harass any user.
You will not post anything that is unlawful, defamatory, graphic, or otherwise objectionable.
You will not engage in spammy behavior, including: posting comments for “link building” purposes; sending unsolicited messages; or sending messages with the intention of promoting your website, business, product, or service.
You will not harvest any information through our Services, including email addresses and user information, for any purpose.
You will not do anything that could disable, overburden, damage, or impair the operation, functionality, or appearance of our Services.
You will not obtain or attempt to obtain unauthorized access, via whatever means, to any of Personal Excellence’s accounts and systems. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Services.
You will not access materials that you do not have authorization for, such as products or services you have not purchased access for. You will not access an account that belongs to someone else.
You will not do or post anything that infringes or violates someone else’s rights.
You will not use our Services for any purpose that is unlawful or prohibited by these Terms.
Third-Party Services. Our Services may contain links and references to third-party websites and services that are not owned by Personal Excellence (collectively “Third-Party Services”), such as third-party websites plugins, reviews of third-party services, co-branded services, or any third-party content. We have no control over and assume no responsibility for Third-Party Services. Your use of any Third-Party Services is at your own risk. Please review the applicable terms and privacy policies of any Third-Party Services that you navigate to from our Services.
No Warranties; Limitation of Liability.
OUR SERVICES ARE MEANT FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT MEANT TO BE A SUBSTITUTE FOR MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO, AND USE OF, OUR CONTENT AND SERVICES IS AT YOUR SOLE RISK AND THAT OUR CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
NO CONDITIONS, WARRANTIES OR OTHER TERMS APPLY TO ANY OF THE CONTENT OR SERVICES SUPPLIED BY PERSONAL EXCELLENCE AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, SUPPLIERS, LICENSORS, LICENSEES, OR SUCCESSORS (“RELATED PARTIES“) UNLESS EXPRESSLY SET OUT IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PERSONAL EXCELLENCE AND RELATED PARTIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ADDITIONALLY, PERSONAL EXCELLENCE DOES NOT WARRANT TO YOU THAT:
OUR SERVICES WILL MEET YOUR NEEDS AND REQUIREMENTS;
OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE;
OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR CONTINUE TO EXIST;
ANY DEFECTS, ERRORS, OR PROBLEMS IN OUR SERVICES, INCLUDING IN THE MATERIALS ON OR MADE AVAILABLE VIA OUR SERVICES, WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERSONAL EXCELLENCE AND RELATED PARTIES ARE NOT LIABLE FOR ANY LOST PROFITS, REVENUE OR DATA, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR OTHER LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER OR NOT PERSONAL EXCELLENCE AND RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PERSONAL EXCELLENCE’S TOTAL AGGREGATE LIABILITY UNDER OR ARISING OUT OF THESE TERMS IS LIMITED TO THE FEES YOU HAVE PAID US TO USE OR ACCESS OUR SERVICES FOR THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PERSONAL EXCELLENCE IS NOT LIABLE FOR ANY CONTENT CREATED OR CONTRIBUTED BY, OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF, ANY USER OF OUR SERVICES OR OTHER THIRD PARTIES.
Indemnity. You agree to defend, indemnify, and hold harmless Personal Excellence and Related Parties from and against any claim, suit or action, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, arising from or related to (a) your use of our Services, (b) your violation of any of these Terms, and/or (c) your violation of any third party rights, including without limitation any copyright, trademark, property, publicity, or privacy right.
Copyright Infringement. Personal Excellence respects the intellectual property rights of others. If you believe that a material located on Personal Excellence violates your copyright, please notify us via the contact form on this page. Upon receipt of a valid and complete notice, we will take the appropriate action and disable access to or remove the infringing material.
Controlling Law. These Terms, including disputes arising out of or in relation to a violation of Section 4 (“Confidential Information”) or the infringement of our intellectual property rights, shall be governed in all respects by the laws of the Republic of Singapore, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms, the Terms will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
Disputes. We hope we will never have a dispute, but if we do, this Section governs how disputes will be handled.
Informal Dispute Resolution. Except for disputes arising out of or in relation to a violation of Section 4 (“Confidential Information”) or the infringement of our intellectual property rights, you and Personal Excellence shall seek to resolve any disagreements, controversies, disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) arising out of or in relation to these Terms or our Services, including any question regarding these terms’ existence, validity or termination, amicably and in good faith through discussions between you and Personal Excellence hereto. If you have any such Disputes, please reach us via the contact form on this page. If the Dispute is not resolved through discussion between you and Personal Excellence within forty-five (45) days, then either you or Personal Excellence may, as appropriate and in accordance with this Section 18, commence an arbitration proceeding.
Binding Arbitration. Any Dispute that remains unresolved after the informal dispute resolution described in Section 18.1, except for Disputes arising out of or in relation to a violation of Section 4 (“Confidential Information”) or the infringement of our intellectual property rights, shall be settled by binding arbitration. You and Personal Excellence agree (a) to waive your and Personal Excellence’s respective rights to have any such Disputes resolved in a court, and (b) to waive your and Personal Excellence’s respective rights to a jury trial. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.The arbitration shall be administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
All information relating to or disclosed by any party in connection with the arbitration of any Disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
Class Action Waiver. You and Personal Excellence agree that any Disputes arising out of or in relation to these Terms or our Services is personal to you and Personal Excellence and that you may only resolve Disputes with us on an individual basis, and not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Injunctive Relief. You agree that in the event of a breach or threatened violation of our intellectual property rights and Confidential Information by you, we will suffer irreparable harm. We will therefore be entitled, in addition to all other available remedies, to seek temporary and permanent injunctive relief against any such breach or threatened violation in any court of competent jurisdiction, without the necessity of showing monetary damages.
Limitation on Actions. EXCEPT FOR DISPUTES ARISING OUT OF OR IN RELATION TO A VIOLATION OF SECTION 4 (“CONFIDENTIAL INFORMATION”) OR THE INFRINGEMENT OF OUR INTELLECTUAL PROPERTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PERSONAL EXCELLENCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO these Terms OR OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Changes to Terms. These Terms is effective as of the date specified at the top of this page. We may modify these Terms at any time and in our sole discretion. If we make changes, we will provide notice by revising the “Last Updated” date at the top of these Terms. Each time you access our Services, you need to review the Terms upon which access to and use of our Services is conditioned. By accessing or using our Services after we make any such changes, you are regarded to have accepted the modified Terms.
Conflict of Terms. In the event of any conflict between the provisions of this Agreement and the provisions of any other agreement entered into pursuant hereto, the terms of this Agreement shall prevail.
Termination by You. If you wish to terminate these Terms, simply discontinue your access to and use of our Services, and delete all our data and materials in your possession.
Termination by Us.
Violation of any of our Terms will result in (i) the revoking of your access to all or any part of our Services, (ii) no refund for any paid amounts, and (iii) your payment of any damages or losses arising from the infringement of our copyright.
We reserve the right, in our sole discretion, to (i) suspend or terminate your access to and use of all or any part of our Services, (ii) block your future access to and use of our Services, and (iii) terminate these Terms (or any portion thereof), at any time, without notice. We reserve the right to terminate or deny our Services to anyone, at any time, without reason.
Effect of Termination. Upon termination (whether by you or Personal Excellence), you will immediately stop accessing and using all our Intellectual Property and delete all our data in your possession. At our request, you will certify in writing your deletion of all our Intellectual Property that was in your possession.
Survival. All Sections and provisions of these Terms which by their nature should survive termination will continue to remain in effect even upon termination of these Terms, including, without limitation: “Intellectual Property,” “Non-Disclosure of Confidential Information,” “Payment Terms” (until you pay all fees that are due), “No Warranties; Limitation of Liability,” “Indemnity,” “Disputes,” “Termination,” and “Miscellaneous.”
No Waiver. The failure (or delay) to exercise any rights under these Terms shall not be treated as a waiver of any rights. A waiver will be effective only if Personal Excellence expressly states in writing that Personal Excellence is waiving a specified provision of the Terms.
Severability. If a provision of these Terms is found to be unenforceable, such provision will be modified by a court of competent jurisdiction to create an enforceable provision to reflect the parties’ original intention as closely as possible. If that is not possible, then the provision shall be deemed deleted and the rest of the Terms shall remain in full force and effect.
Successors. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.