Terms and Conditions
1. These terms
1.1) What these terms cover. These are the terms and conditions on which we supply products to you through this website, whether the products are services or digital content.
1.2) Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1) Who we are. We are Escape Consulting Pte. Ltd., a company registered in Singapore. We own and operate the brand, HASIKO and also run the following websites:
2.2) How to contact us. You can contact us by writing to us at firstname.lastname@example.org.
2.3) How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4) "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1) How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2) If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3) Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
4.1) Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. In relation to NOURISH in particular, please note that any images on our website are not representative of the actual dishes.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
6. Our rights to make changes
6.1) Minor changes to the products. We may change the product:
a) to reflect changes in relevant laws and regulatory requirements; and
b) to implement minor technical adjustments and improvements. These changes will not significantly affect your use of the product.
6.2) More significant changes to the products and these terms. We reserve the right to make significant changes to these terms and the product/s. We will notify you via email and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received. For digital products (content/programs) you will not be entitled to any refunds for whatever reason once the content has been downloaded, streamed, completed, or otherwise delivered.
6.3) Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. Providing the products
7.1) When we will provide the products.
a) If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
b) If the products are ongoing services or a subscription to receive digital content. We will supply the services or digital content to you until the services are completed, the subscription expires (if applicable) or this contract is terminated.
7.2) We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.3) What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.4) Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
a) deal with technical problems or make minor technical changes;
b) update the product to reflect changes in relevant laws and regulatory requirements; or
c) make changes to the product as requested by you or notified by us to you.
7.5) Your rights if we suspend the supply of products. If we suspend the supply of a product, we will contact you in advance to tell you about this, unless the problem is urgent or an emergency. If we have to suspend the product for an extended period of time, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.6) We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments.
8. Your rights to end the contract
8.1) You can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
a) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
b) In all other cases, see clause 8.3.
8.2) Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
e) you have a legal right to end the contract because of something we have done wrong.
8.3) Ending the contract where we are not at fault. Even if we are not at fault, you can still end the contract before it is completed. A contract for digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. We will refund any advance payment you have made for products which will not be provided to you.
9) How to end the contract with us
9.1) Tell us you want to end the contract. To end the contract with us, please let us know by sending us an email at email@example.com.
9.2) Refunds for purchases of digital content. If the product you have purchased is a digital product (content/program) you will not be entitled to any refunds for whatever reason once the content has been downloaded, streamed, completed, or otherwise delivered. If you are not satisfied with the digital product (content/program) for whatever reason, you may request a refund within 7 days of purchase.
9.3) How we will refund you. If you are entitled to a refund, we will perform the refund by the same method that you used for payment. However, we may make deductions from the price, as described below.
9.4) Deductions from refunds. Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.5) When your refund will be made. We will make any refunds due to you as soon as possible.
10. Our rights to end the contract
10.1) We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
a) you do not make any payment to us when it is due; or
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products.
10.2) You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3) We may withdraw the product. If we wish to stop providing the product, we will write to you to let you know in advance and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
11.1.) How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at firstname.lastname@example.org.
12. Price and payment
12.1) Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price of the product you order.
12.2) What happens if we get the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
12.3) When you must pay and how you must pay. The methods of payment that we accept are stated on our order pages. For digital content, you must pay for the products before you download or stream them.
12.4) We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 6% a year. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.5) What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you
13.1) Risks involved in fitness classes. Some of our products may involve fitness classes, which have an inherent risk of causing injury, death, property damage and other losses. You fully accept and assume all such risks when you purchase a product from us that involves fitness classes.
13.2) Our products are not substitutes for medical advice. None of our products are meant as a substitute for professional medical advice, diagnosis or treatment, for which you should consult a medical professional.
13.3) Limitation of liability. Subject to clause 13.7 below, our total liability to you in respect of any purchase of our products, whether such liability arises out of contract, tort (including negligence), breach of duty or otherwise, shall be limited to the price you have paid for those products.
13.4) Indemnity for losses to third parties. Where your use of our products causes us to be exposed to claims from third parties for injury, loss or damage, you shall indemnify us for all losses that we suffer as a result.
13.5) We are not liable for business losses. We only supply products for domestic and private use. If you use our products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.6) Damage from digital content. We will not be liable for any damage arising from our digital content to your devices or your other digital content if the damage was caused by you failing to correctly follow installation instructions or failing to have in place the minimum system requirements advised by us.
13.7) We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in this contract should be taken as excluding or limiting such liability. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and liability for fraud or fraudulent misrepresentation.
14. How we may use your personal information
15. Intellectual property
15.1) Ownership of intellectual property rights. We are the owner or the licensee of all intellectual property rights in our website and our products. Those rights are protected by law and we reserve all such rights. You must not use any part of the content on our site or our products for commercial purposes without our prior consent.
15.2) Unauthorised use. If you print off, copy or download any part of our website or products in breach of these terms, your right to use our website and our products will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
15.3) Interpretation. In these terms, “intellectual property rights” includes patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
16. Other important terms
16.1) We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
16.2) You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3) Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4) If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5) Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6) Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Singapore law and you can bring legal proceedings in respect of the products in the Singapore courts.