Terms and Conditions
These terms and conditions (the “Terms”) govern your access to and use of Misthree’s websites and mobile applications (“Site”).
By accessing or using the Site, you are agreeing to these Terms and entering into a legally binding contract with Misthree. It is important that you read carefully and understand the Terms. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
1. Information about us
- www.misthree.com is a site operated by Misthree. We are registered in Singapore under the Company Registration Number 201409936Z and with our registered office at #04-14, 2 Cleantech Loop, Singapore 637144
2. General
- Our site is only intended for use by people residing, businesses, and companies in Singapore (“the Serviced Country”). We do not accept orders from individuals outside of the Serviced Country.
- By registering an event or placing an order with us, you warrant that:
- You are legally capable of entering into binding contracts;
- You are resident in the Serviced Country.
- After registering an Event or placing an order with us, you will receive an e-mail from us acknowledging that we have received your Event registration or Product order. Please note that this does not mean that your Event registration or Product order has been accepted. Your Event registration or Product order constitutes an offer to us to sign up an Event or to buy a Product. All Event registration or Product order are subject to acceptance by us, and we will confirm such acceptance to you either during our telephone conversation or email. The contract (“the Contract”) between us will only be formed when we deliver the Event / Product to you.
3. Event
- Event (“the Event”) means any Pay Event organised by Leap of Light Pte. Ltd.
- You must pay to us in consideration of the event:
- The fee in one lump sum on the signed or online Registration Form by you without set off, deduction or counterclaim; or
- If we have agreed that you may pay deposit to secure the Event ticket, you must pay the balance amount before the Event starts.
- If we have agreed that you may pay by instalment, you must pay each instalment to us in full and without set off or deduction the fee on the instalment payment date.
- The unused payment will be forfeited after half year.
- Event seats will only be confirmed upon receipt of payment before attending our Event. Upon receiving your payment, we will email you a receipt and confirmation of your successful application.
- If payments are not made by the due date, the Event ticket may be cancelled and no refund or credit will be given.
4. Event’s Time and Place
- Your payment to us entitles you to attend the Event during the Event date mentioned.
- We may change the trainer, the Event date, and/or the location of the Event for any reason without prior notice. We will notify you in writing of the change and detailing substitute trainer, Event dates and/or location. Further, we shall have no liability to you; and you shall make no claim against us (including for a refund).
5. Transfer
- In the event that you are unable to attend the Event you have booked and paid for, you can notify us to transfer the paid amount to a nominated new attendee (by strict compliance with clauses 3.2). The new attendee must also meet any relevant pre-course criteria as applicable at least 7 days before the Event starts. An administration fee of $50 will apply thereafter.
- There is no charge for transferring your tickets to the same Event on an alternative date within the valid period (half year from the payment date) provided you notify us in writing 7 days before the Event starts and if there is availability. No more than one transfer will be allowed. The Requests to transfer must be made in writing and can be sent by email to enquiry@misthree.com
- Complimentary tickets to any Event, including those issued as bonuses when purchasing another Event, shall not be transferred either to a new attendee or to an alternative Event.
6. Refunds Policy for signing up an Event
- We may cancel the Event for any reason by written notice to you. You may choose to either request for refund the monies you have paid to us or transfer your Event ticket to other Event. We shall have no further liability to you in respect of the cancellation.
- If, at any time or for whatever reason, you decide you do not wish to receive the Event, you will not be eligible for a refund of any monies you have paid to us under this agreement. However, we allow transfer of ticket to another person (by strict compliance with clauses 5.1) or one time change of the date of attendance (by strict compliance with clauses 5.2). You further acknowledge that this is an essential term of this agreement on which we rely.
7. Ticket Sale and Resale
- Event tickets may not be transferred, be resold, or be offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods and services, either by the original purchaser or any subsequent bearer without the prior written consent of Misthree. If an Event ticket is sold or used in breach of this condition, the Event ticket may be cancelled without a refund and the bearer of the ticket may be refused admission.
Scalping warning: The resale of Event tickets in certain circumstances is governed by ticket sales legislation and may attract criminal penalties. Thank you for your understanding; we look forward to welcoming you at the Event you have chosen to attend.
8. Product
- Product (“the Product”) means any Product in our site E-shop.
- You are obliged to make payment in FULL by the payment option you select when you check out your Product orders.
- Upon receiving your payment, we will email you a receipt and confirmation of your successful order.
- All orders placed will be fulfilled within 7 business days unless otherwise advised. Business days exclude Saturday, Sunday and Public Holidays.
- Each batch of goods may differ due to manufacturing constraints. In the event if you are not satisfied with any products, you may return to us within 7 days after delivery. The Product must be unused in the original condition. Please refer to our Refund Policy stated under Clause 9.
9. Refunds Policy for Product orders
- Subjected to actual stock availability, Product orders may be replaced with alternatives, subjected to a verbal or written confirmation with you. For items that cannot be replaced, we will contact you to give you the option to cancel and if payment has been made, you will be refunded of the amount paid.
- When you return a Product to us (for instance, because you have cancelled the Contract between us, or because you claim that the Product is defective, or you are not satisfied with the Product), we will examine the returned Product. Provided we are satisfied with the condition of the Product following our examination, we will either replace the item (if returned owing to a defect) or provide you with a refund. If you have requested a refund we will usually refund any money received from you using the same method originally used to pay. We will process the refund as soon as possible.
- Products returned by you because of a defect or within the seven-day cooling-off period will be refunded in full after delivery costs have been deducted.
- A claim by you that the quantity of the Products delivered falls short of the quantity ordered shall be notified to us within 2 days from the date of delivery. If you do not notify us accordingly, we shall have no liability in respect of such shortfall and you shall be bound to pay the price as if the Products had been delivered in accordance with the Contract.
- The cost of return transportation is at your expense.
10. Our Liability
- We warrant to you that any Product purchased from us through our site is of satisfactory quality.
- Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
- Unless otherwise stated, all products warranty will be covered by the respective brand owner.
11. Price of Events / Products
- The price of any Events / Products will be as stated on our site from time to time, except in cases of obvious error.
- Our site contains a large number of Events and Products and it is always possible that, despite our best efforts, some of the Events / Products listed on our site may be incorrectly priced. Where an Event’s or a Product’s correct price is less than our stated price, we will charge the lower amount to you. If an Event’s or a Product’s correct price is higher than the price stated on our site, we will contact you for instructions before conduct the Event or dispatch the Product, or reject your Event registration / Product order and notify you of such rejection.
- We are under no obligation to provide the Event / Product to you at the incorrect (lower) price even after we have provided you with an email confirmation.
12. Notices
- All notices given by you to us must be given to Misthree at #04-14, 2 Cleantech Loop, Singapore 637144. We may give notice to you either via an e-mail or postal address that you provided to us when registering an event or placing an order.
13. You acknowledge that:
- All your information submitted to us will be kept private and confidential and will keep in our database for communication of Event or Product information and updates;
- All the early bird price of our Event or Product has to be paid before the stated deadline, else we has the rights to re-adjust your Event’s fee or Product’s price; and
- We may pay commissions to third parties arising from your entering into this Contract.
- We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that the products you purchase from companies to whose website we have provided a link will be of satisfactory quality.
14. Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Possibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15. Waiver
- If we fail, at any time during the term of a Contract, to insist upon the strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
16. Severability
- If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire Agreement
- These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other and that nothing may be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
18. Our Right to Vary these Terms and Conditions
- We have the right to revise and amend these Terms and Conditions from time to time.
- You will be subject to the Policies and Terms and Conditions in force at the time that you register Events or order Products from us, unless any change to those Policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those Policies or these Terms and Conditions before we deliver the Events or Products (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within 7 working days in advance).
19. Law and Jurisdiction
- Contracts relating to any of our Events or Products shall be subject to and construed in accordance with the laws of the Republic of Singapore. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Courts of The Republic of Singapore.