Services Agreement

This Services Agreement (the “Agreement”) is made between Elies Hadi International (the “Service Provider”) and you, the party who has signed up for the services and/or products provided by the Service Provider (the “Client”) when the Client clicks on the [Confirm] button on the web check-out page, or otherwise confirms with the Service Provider, whether verbally, via email, telephone, or other means. 

Both parties shall be collectively referred to as the “Parties” and singularly as a “Party”, which expressions shall include their respective successors-in-title and permitted assigns.

The terms in this Agreement shall govern the arrangement between the Client and the Service Provider.

1. General

1.1 In this Agreement:

(a) Headings are for convenience only and shall not be taken into consideration in the interpretation or construction of this Agreement. The recitals schedules, appendices, attachments and annexures to this Agreement shall form an essential part of this Agreement;
(b) Words importing the singular number include the plural and vice versa where the context so requires. Words importing a particular gender shall include all the genders;
(c) Words importing persons shall include firms (whether incorporated or unincorporated) and corporations;
(d) A reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted and shall include all by-laws, instruments, orders, rules and regulations made thereunder;
(e) A reference to a document includes an amendment or supplement to or replacement or novation of that document.

1.2 Any express statement of a right of a Party under this Agreement is without prejudice to any other right of that Party provided under this Agreement or arising at law or in equity.

1.3 References to a date or time in this Agreement shall be a reference to that date or time in Singapore unless otherwise indicated.

1.4 No rule of construction applies to the disadvantage of any Party because it was responsible for the preparation of this Agreement.

2. Provision of Services

2.1 The Service Provider undertakes to provide the services and/or products detailed in the web check-out form, or otherwise informed by the Service Provider to the Client (hereinafter called the “Services”), in consideration of the payment amount detailed in the web check-out form or otherwise informed by the Service Provider to the Client. 

2.2 Should the Client request, and the Service Provider agree to provide services additional to the Services, the fees for the same shall be mutually agreed between the Parties, but otherwise for all purposes of this Agreement the said additional services shall be deemed to be included within the definition of Services, save for any variation including but not limited to deliverable schedule and timeline.

2.3 The Service Provider shall not be liable for any non-performance of any item of the Services due to any restrictions or changes on the part of the Client. 

2.4 The Service Provider shall provide the Services with due care and diligence, and shall use reasonable efforts to supervise any of the Service Provider’s staff or representatives in order to ensure that the Services are performed in a reasonable manner. The Service Provider shall, however, not be liable for any failure, delay, or default on the part of any third-party web-hosts and/or third party service provider working in conjunction with the Service Provider beyond the reasonable control of the Service Provider.

3. Client’s Undertakings

3.1 The Client agrees and undertakes as follows:

(a) the Client shall provide the Service Provider with reasonably accurate information for the purposes of receiving the Services. The Service Provider assumes no responsibility for the verification of any material supplied by the Client or anybody representing the Client;

(b) the Client shall provide the Service Provider with a complete list of the Client’s medical history, and if receiving treatment from a psychologist or psychiatrist, the Client agrees to provide a letter from his/her specialist confirming that the Client is fit to commence receipt of the Services from the Service Provider before the commencement of the Services. Should the Client not consent to providing such a letter, the Service Provider may not be able to provide the Services unless the Client agrees to fully indemnify the Service Provider for any loss or damage caused by the refusal to provide the letter. 

(c) Should the Services include coaching/meditation/healing and/or other session{s), the Client shall give the Service Provider at least 48 hours’ notice if the Client is unable to attend any coaching session, otherwise such session would be forfeited. 

4. Fee

4.1 The fee payable for the Services shall be the amount listed on the web check-out form or otherwise informed by the Service Provider to the Client (the “Fee”).

4.2 For online purchases from the Service Provider’s website: If the Client purchases the Service Provider’s Services on the Service provider’s website (the “Website”), the Client shall pay the Fee in the mode and amount specified on the Website. 

4.3 For purchases on external websites etc.: If the Client purchases the Service Provider’s Services via any other mode including external websites including but not limited to Eventbrite, payment of the Fee shall be made in accordance with the instructions on the website or otherwise informed by the Service Provider to the Client. 

4.4 For purchases not on websites and/or mobile applications: If the Client purchases the Service Provider’s Services via other sources which are not websites and/or mobile applications, the Service Provider will require either payment via Paypal, or require the Client’s credit card details for the Service Provider to charge the Client via STRIPE or other payment modes.

4.5 For recurring purchases: If the Client wishes to make a recurring purchase, the Client shall authorise the Service Provider to make the necessary arrangements for payment, including but not limited to charging the Client’s credit card via STRIPE or other payment modes upon the Client’s instructions.

4.6 The Service Provider reserves the right to suspend the provision of all Services and/or the access to the Services should any Fee remain unpaid. In the event the Client has made part-payment, the Client shall only have access to the pro-rated Services corresponding to the part-payment. The Client shall reimburse the Service Provider for all costs and expenses (including reasonable legal fees) incurred by or on behalf of the Service Provider pursuing the collection of any such overdue or unpaid amount(s). 

4.7 All Fee amounts shall be in US Dollars and amounts quoted in any additional currency are approximate only based on the currency exchange rate at the time of the quote. In the event that the Service Provider agrees to payment in a currency other than US Dollars, the Client shall pay such amount in that foreign currency as is necessary to ensure that the Service Provider receives the US Dollar amount quoted. 

4.8 All Fees paid by the Client to the Service Provider are strictly non-refundable.

5. Intellectual Property

5.1 The intellectual property rights in all materials provided by the Service Provider shall belong to the Service Provider. 

5.2 The materials provided by the Service Provider to the Client in the course of the Services is copyrighted by the Service Provider and is provided to the Client for his/her individual use only. The Client shall not share, copy, distribute, use, or disseminate the materials provided by the Service Provider without the prior written consent of the Service Provider.

5.3 The Service Provider may wish to publish testimonials provided by the Client on the Service Provider’s website and/or other marketing collaterals, and if requested to by the Client, these testimonials can be published on an anonymous basis. 

6. Term

6.1 This Agreement shall come into effect from the date the Client confirms the engagement of the Service Provider, either verbally or in writing or by clicking on the [Confirm] button on the Service Provider’s web form. In writing includes email right?

6.2 This Agreement shall be valid for the period of time required to provide the Services, as stated in the web check-out form. 

6.3 In the event that the provision of the Services and/or access to the Services is suspended for more than 30 days in accordance with the default in payment listed in clause 4.6, the Service Provider shall be entitled to terminate this Agreement forthwith by notice in writing, and no refunds shall be made to the Client. Is the no of days meant to be empty? I will put in 30 days for you

6.4 In the event of termination of this Agreement for whatever reason, the Client shall be responsible for all outstanding Fees payable hereunder.

7. Personal Data Protection 

7.1 By entering into this Agreement, the Client hereby grants the Service Provider and its officers, employees and agents the right to collect the Client’s personal data (as defined under the Singapore Personal Data Protection Act 2012) and to make use of all of the Client’s personal data, which is held by the Service Provider or will be collected in the future, for the purposes of providing the relevant services or complete such transactions which may be required by the Client from time to time; offering the Client current and future information on the Service Provider’s business; to conduct market research and analysis; for direct marketing through voice calls, text messages, email, direct mail, Facebook messenger and bots, facsimile messages and other forms of advertisements all in connection with the Service Provider’s business; to ascertain if the Client is eligible for discounts, privileges or benefits promoted by the Service Provider and/or other third parties which the Service Provider is associated with. 

7.2 In addition, the Client also grants the Service Provider his/her consent, from time to time, to disclose some or all of his/her personal data held now or in the future by the Service Provider to the Service Provider’s employees, related corporations, agents, independent contractors and other third parties that the Service Provider is associated with, but only in connection with the purposes mentioned in the paragraph above. 

7.3 The Client understands that in the course of the Services, the Client may be video-taped, audio-recorded, and/or photographed by the Service Provider. The Client consents to the Service Provider using the materials derived from this for the purposes of future lectures, teaching, marketing materials, testimonials, and other goods and services provided by the Service Provider.

7.4 You may withdraw some or all of the above consents at any time by giving notice in writing to the Service Provider.

8. Indemnity and Disclaimer

8.1 The Client agrees to indemnify, keep indemnified and hold the Service Provider harmless from and against all losses, claims, damages, costs, expenses or other liabilities which the Service Provider may suffer or incur as a consequence of actions taken or statements made by the Client, or use of any products, information, publication of any information, representations, reports, data furnished to the Service Provider by the Client. The Client releases, waives, acquits, and discharge the Service Providers from any claim, suit, demand, or right to compensation for damages that the Client may have arising from acts or omissions by the Client as a result of the Services provided by the Service Provider or otherwise resulting from the relationship of the Parties in this Agreement.

8.2 The Service Provider is not a medical or healthcare professional and does not represent himself/herself out to be a medical professional of any sort including but not limited to a psychologist or psychiatrist. Any advice, communication, and/or material provided by the Service Provider is not to be regarded as professional mental health care or professional medical care and should not be regarded as a substitute for professional mental health care or professional medical care. The Service Provider does not purport to diagnose, treat, or cure any medical conditions and/or mental health conditions. 

8.3 The Client shall be fully responsible for all decisions and actions made after the Services, and shall be fully responsible for the Client’s wellbeing. 

8.4 The Service Provider does not guarantee any outcomes and/or make any promises that the Client’s mental health and/or quality of life will definitely improve after receiving the Services.

8.5 The Client understands that if the Service Provider is informed of any thing which contravenes the laws of Singapore, and/or reports cases of crime, abuse, harm, threats, necessary actions may be taken by the Service Provider. If the Service Provider is ordered by any court(s) to present evidence, testify, or provide information, the Service Provider will do so to the extent that is required by law.

9. Force Majeure

In the event that any Party delays or is prevented from performing its obligations hereunder due to earthquake, typhoon, flood, tidal wave, lightning, fire, plague, other epidemics, falling objects, war, hostilities, acts of terrorism, insurrection, strikes, riots, industrial dispute or any other events the occurrence and consequences of which a Party is unable to prevent or avoid (any one of the above events is referred to as an “event of force majeure”), this shall not constitute a breach of contract; provided that such Party shall, after it is aware of its being affected by such an event, immediately notify the other Party of such an event and the reasonable remedial measures that it has adopted or will adopt. The Parties shall, in accordance with the extent to which the performance of this Agreement is affected by such an event, consult with each other and decide on whether or not to terminate or vary this Agreement. The provisions of this Clause do not apply to any obligations imposed with respect to the payment of monies under this Agreement.

10. Governing Law

This Agreement shall be governed by, and construed in accordance with, the laws of Singapore and the Parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Singapore and waive any objection to proceedings in any such court on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum. The submission by the Parties herein shall not affect the right of any Party to take proceedings in any other jurisdiction nor shall the taking of proceedings in any jurisdiction preclude any Party from taking out proceedings in any other jurisdiction. 

11. Miscellaneous

11.1 No delay or omission by either Party in exercising any right or remedy under these terms and conditions shall be considered a waiver of such right or remedy and no waiver shall be effective unless in writing. The right of either Party to require strict performance and observance of any obligations hereunder shall not be affected in any way by any previous waiver, forbearance or course of dealing.

11.2 In the event that any or any part of the provisions contained in these terms and conditions is determined to be invalid, unlawful or unenforceable to any extent, such provision shall be severed from the remaining provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.

11.3 A person who is not a party to these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms.

11.4 In the event the Client has, before 1 May 2018, purchased a package for Services from the Service Provider, and wishes to renew the package upon expiry, the terms of this Agreement shall govern the new package.