SPIRITED LIVING MEMBERSHIP TERMS AND CONDITIONS

Welcome to Spirited Living!

Spirited Living membership (the “Membership”) is a community and brand owned by Danielle Van De Velde Pte Ltd (“We” or "Us).  

Membership to Spirited Living requires its members to accept these Terms and Conditions, which shall incorporate by reference the Membership Guidelines set out in schedule 1 (“the Terms"). We may change or amend the Terms at any time. Any changes to the Terms will be effective from when they are published online. If you remain a Member (as defined below) after the effective date of any changes, you therefore agree to comply with the changes and the updated Terms.

Last Updated: 1 August 2023

1. Your membership application

1.1. By signing up as a Spirited Living member, you (“You”, "Your" or “the Member”) agree to abide by and be bound by the Terms as set out below and updated from time to time.

1.2. Every Member must be at least 18 years of age.

1.3. We shall have sole discretion to accept who shall become a member of Spirited Living. We may refuse any Member’s application for any reason without giving any explanation. Any omission from, or inaccuracy in, the particulars relating to, or the description of, any Member may render the Member’s application void at our discretion.

1.4. For more information on the Membership sign-up process or the Fee please contact us via email at [email protected].

1.5. All Members agree to be bound by, and to observe at all times, these Terms.

2. Membership fees

2.1. The Membership fee (the “Fee”) and any monies owed are payable to us immediately.

2.2. If a Fee payment plan has been agreed the details of it can be found on the website page dedicated to payment plan www.spiritedlivingwithdani.com/settings/account from our website www.spiritedlivingwithdani.com (the “Website”). 

2.3. The Fee must be paid via our online system using a credit or/ debit card. The Fee must be paid in one of the following ways: by making a one-off semi-annual payment or by making monthly payments.

2.4. All payment details will be kept confidential. The Membership will commence once full payment of the Fee has been received by us.

2.5. By providing us with your payment information, you accept and consent to being charged with the Fee upon your Membership being renewed. It is within our discretion to amend our Fee at any time, and we will notify you in advance if there are to be any changes to the amount, date or frequency of the payment of your Fee.

2.6. Notwithstanding anything to the contrary noted in the Terms or elsewhere, the Membership Fee is non-transferable. 

3. Membership renewal

3.1. Membership is for a minimum period of six months (with payment frequency of the Fee to be elected at the time of signing up to the Membership) and renewable thereafter on the same basis as your initial Membership. If you wish to change the interval of your Fee payment upon the expiry of each minimum period or have any queries regarding payment of your Membership, please contact us via email at [email protected].

3.2. Membership renewals are automatic, however, we reserve the right, in our absolute discretion, to terminate or refuse the renewal of the Spirited Living membership of any Member. All decisions will be final and without appeal, and no reason will be given for termination or renewal refusal at any stage. 

3.3. Failure to pay the Membership renewal Fee (or any instalment thereof) within 3 calendar days of the due date will result in you not being admitted to Spirited Living and your Membership being terminated.

4. Termination of membership

4.1. Following payment of the Fee and commencement of your Membership, you will have 14 calendar days during which you may withdraw your application without incurring any cost except the banking transaction costs (the “Cooling-Off Period”). During the Cooling-Off Period and following written confirmation of withdrawal of your Membership, you will be entitled to the return of your Fee (excluding an administrative fee, if applicable).

4.2. Where a Member wishes to cancel their Membership following expiry of the Cooling-Off Period, the Fee will not be refundable. 

4.3. Notwithstanding  your selection of a monthly or semi-annual payment, if you choose to terminate your membership (or your membership is cancelled part way through the month or 6-month Fee payment period, as applicable), you will still need to pay your full Fee for the remainder of your Membership minimum period. Refunds will be at our sole discretion. 

4.4. The Membership is terminated if the Fee or any other monies owed to us incurred by a Member are not paid within 3 calendar days. We have the right to retain all Fees already paid, and may apply any such Fees to discharge any other monies which may be outstanding. 

4.5. The name of a Member whose Membership is terminated will be removed from the list of registered Members (and any additional groups or containers within the Membership) and you will immediately cease to be a Member of the Membership.

4.6. We reserve the right, in our absolute discretion, to terminate the Membership of any Member for any reason and at any time without notice. Behaviour which is in breach of the Membership Guidelines in Schedule 1 will guarantee suspension or termination of your Membership.

4.7. Before a Member is suspended or their Membership terminated, the affected Member’s conduct shall be inquired into and the affected Member shall be given the opportunity to defend themselves and to justify or explain their behaviour. Having inquired into the events, if we are of the opinion that the affected Member is has committed conduct in breach of the Membership Guidelines as mentioned above and has failed to justify or explain such conduct satisfactorily, we may either suspend or terminate the Membership of the affected Member at our sole discretion. 

4.8. All bills must be settled in full before leaving the Membership. There are no credit facilities. 

5. Member conduct

5.1. All Members are required to maintain an acceptable standard of behaviour and uphold the Membership Guidelines.

5.2. The Terms and the Membership Guidelines may be revoked, supplemented or altered by us at any time at our sole discretion. Any such revocation, alteration or addition shall be deemed to have been brought to the notice of Members provided that a copy thereof is prominently displayed on the Website.

6. Content Rights and Obligations

6.1. You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of us or it.

6.2. Any content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Website a limited licence to use, store and copy that content and to distribute and make it available to third parties.

6.3. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

6.4. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Membership Guidelines.

6.5. You are solely responsible for securing and backing up your content.

6.6. We do not guarantee that the Website will be secure or free from bugs or viruses, although we will take all reasonable measures to ensure the Website is a digitally clean and safe platform.

6.7. While we take all reasonable measures to ensure the Website is operational daily, there may be occasion, technical issues resulting in some downtime and we shall not be liable if the Website is unavailable at any time.

6.8. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.

6.9. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

6.10. You must not establish a link to the Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

6.11. You must not establish a link to the Website in any website that is not owned by you.

6.12. You must not frame the Website on any other site, nor may you create a link to any part of the Website other than the main home page.

6.13. We reserve the right to withdraw linking permission without notice.

7. Dissolution

7.1. We retain the right to dissolve the Membership at any time at our sole discretion.

7.2. Under such circumstances, no return of the Fees shall be due to any Member whatsoever, and all debts owed by you to us become due immediately.

8. Confidentiality, intellectual property and data protection

8.1. To maximise the networking and connection opportunities within the Membership, the Member accepts that they will be encouraged to disclose their personal, business and/or confidential information to other members. The Member understands and respects the value of such information that each member may disclose within the Membership (collectively, “Member Confidential Information”).

8.2. Confidential Information for the purposes of this Agreement excludes any information that:

8.2.1. was already known to the Member before being provided with that information by another member;

8.2.2. is already accessible in the public domain;

8.2.3. is provided to the Member by a third party separately from the Membership and without any breach of the Terms; or

8.2.4. is produced, developed or collated by the Member independently of the Membership and without any breach of the Terms.

8.3. This clause will not apply in the event a member or we are subject to a relevant court or other forms of legal or statutory order requiring disclosure by us or such Member.

8.4. By joining the Membership, the Member hereby agrees and undertakes:

8.4.1. not to infringe any of the Membership’s and / or the other members’ copyrights, patents, trademarks, trade secrets or other intellectual property rights;

8.4.2. that any of the Membership’s and / or the other members’ ideas, know-how, business practices, concepts and techniques, plans, trade secrets, and other confidential and/or proprietary information (collectively, “Business Confidential Information”) disclosed by such parties is confidential and proprietary and belongs solely and exclusively to the party that disclosed it;

8.4.3. not to disclose such Business Confidential Information to any other person or use it in any manner other than in discussion during their Membership term;

8.4.4. that all materials, information and any data received through the Membership, including the Business Confidential Information, are the confidential and proprietary intellectual property and belong solely and exclusively to the disclosing party, and may only be used by the Member as expressly authorised by the disclosing party; and

8.4.5. the reproduction, distribution, and/or sale of any information or materials provided during the duration of their Membership or at any time thereafter by anyone but the disclosing party is strictly prohibited. The Member agrees that in the event of any breach of their obligations contained in the Terms then damages, loss or irreparable harm may arise and that in such circumstances we and / or the other member will be entitled to seek relief, including injunctive relief against the Member.

8.5. As part of the Membership, we will provide certain events and online sessions. Materials received by the Member may include, but not be limited to, session handouts, workbooks, session and presenter materials, audio and / or video recordings and any other resources. Where any of the materials and resources provided to the Member contain intellectual property belonging to a third party and not the Member, the use of that material will be governed by that third party’s terms and it shall be the Member’s responsibility to seek consent to use that material. We will not be liable to the Member in respect of another member’s use or attempted use of materials owned by the Member, including any materials which contain intellectual property belonging to a Third Party.

8.6. The Member must not use any of the materials or resources received through the Membership during the duration of their membership for:

8.6.1. any commercial purpose or benefit without first obtaining the disclosing party’s express written permission and relevant licence if applicable;

8.6.2. any unlawful purposes, would cause harm or distress to another person or would cause damage to our business or reputation.

8.7. No recording of any of the events or sessions or any live webinars or video resources that are shared through or as part of the membership is permitted without our and / or the presenter’s express consent.

8.8. The Member agrees that in relation to any information, whether confidential or not, that concerns the identity of a member or guest of the Membership or is shared between any parties through the Membership that:

8.8.1. The Member shall not disclose such information to anyone outside the Membership; 

8.8.2. Each party shall be individually responsible to comply with any and all relevant data protection laws and legislation; and

8.8.3. The Member shall not discuss any events, sessions or content with other Members or anyone outside the Membership,  during or after the term of your Membership.

8.9. Any information or data that is provided by the Member to us and / or the Membership, including Confidential Information or Business Confidential Information, will be maintained by us and stored, accessed and processed in accordance with recognised data protection legislation. Full details of how we process personal data should be made to the Privacy Policy and Cookie Policy.

8.10. The Member agrees to take appropriate steps to keep all information safe and secure and to protect against loss and destruction, including accidental, and any unlawful or unauthorised processing.

8.11. We agree to provide a copy of all information held upon receipt of a proper and reasonable data request by the Member. Any such request shall be dealt with within a reasonable time.

8.12. The obligations set out within this Clause (Confidentiality, Intellectual Property and Data Protection) shall survive the termination of the Terms.

9. Liability

9.1. We have made every effort to accurately represent the value of its membership. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. Each Member’s success depends on many factors, including his or her background, dedication, desire, and motivation. 

9.2. We will not be liable to the Member for any indirect, consequential or special damages.

9.3. In the event damages are incurred by the Member as a result of our default or violation of any of the Terms, our entire liability is limited to the Fee paid by the Member to us as at the time the loss is sustained.

9.4. The Member agrees to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or clients, or our or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or clients.

9.5. In the event a dispute arises which is incapable of being resolved by mutual consent then the parties agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then legal action shall be commenced.

10. Indemnity

10.1. You agree to defend, indemnify and hold us harmless from and against any claims, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys’ fees), arising out of or in connection with: 

10.1.1. your access to and/or use of the Website, the Membership or any portion thereof; 

10.1.2. your failure to comply with these Terms or with any applicable law, rule or regulation; 

10.1.3. your infringement, misappropriation or violation of any party’s intellectual property right; or 

10.1.4. any activity occurring by or through your Membership, whether taken by you or another person accessing or using your account, with or without authorization. 

11. General

11.1. The failure by us to actively enforce any provision of the Terms shall not prevent it from subsequently seeking to enforce any of the Terms and any such failure shall not constitute a waiver, diminution or limitation of any right

11.2. .In the event any provision of the Terms is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.

11.3. Every effort will be made by us to provide a community and membership benefits, but we shall not be liable for any delay or failure in the provision of the membership should it be prevented or delayed by reason of an Act of God, Strike, War, Riots, Lock Outs, Fire, Epidemic, Flood, Accident, Delays in Transit, any Act or Omission of a Telecommunications officer or Third Party Supplier of Services, or any other circumstances beyond our control. In such circumstances time of delivery of services shall be extended until a reasonable time after the event preventing or interfering with the due execution, and under no circumstances will we be liable for any loss or damage suffered by the Member as a result thereof. 

11.4. The Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, without giving effect to any principles of conflicts of law. Except as expressly stated in these Terms, none of the Terms shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act (Chapter 53B) or otherwise, by any person or entity who is not a party to it. You further submit to the exclusive jurisdiction of the Singapore courts. In the event of a conflict of law arising with regards to a particular section of the Terms, the prevailing law shall be Singapore law and the prevailing jurisdiction shall be the Singapore courts.

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Schedule 1

MEMBERSHIP GUIDELINES

These Spirited Living membership guidelines (the “Membership Guidelines”) set out the terms and conditions of membership and have been created to safeguard the use and enjoyment of Spirited Living by its Members.

We have endeavoured to prepare all Membership Guidelines (including this one) only in accordance with Singapore law. It does not warrant that any of our Membership Guidelines (including this one) will satisfy the laws of any jurisdiction other than Singapore.

Some guidelines for engagement:

• As a Spirited Living member, you will be provided with an abundant choice of experiences, self-guided content, live talks and tools. How much you engage is up to you, however the more you put into the experiences, the more you will receive in terms of personal transformation and connection.
• Kind Authenticity is our mode. You are encouraged to express your truth, with kindness for yourself and others.
• Do not advise or seek to fix others, but rather be prepared to share what has worked for you in similar situations on your own journey and acknowledge that you yourself are still on your spiritual journey. 
• Judgement is not welcome and shall not be tolerated. Our spiritual journeys are subjective and unique to each of us, and we encourage you to keep an open mind during the process.
• When someone is sharing, allow them the floor to express what they want to express and offer your input only if / when asked.
• Come with an open heart and the perspective that what we hear from others almost always holds a message for us personally too, especially if we may feel triggered or offended by what we hear.
• We encourage you to take ownership of your journey, and to feel empowered to make decisions that will benefit yourself and your spiritual journey. 
• We will not tolerate discrimination or harassment of any kind, and we will take appropriate action, which includes investigation as well as the potential suspension or termination of any member to address any such behaviour.
• Do not discriminate or harass/bully, or allow others to discriminate or harass/bully without gently reminding them such behaviours may be hurtful to others.
• Do not do anything which may hurt ourselves or those around us, including as a result of our beliefs or values.
• Make provision for the observance of individual beliefs, including dress sense, spiritual requirements and / or cultural conduct which may form part of each individual's practice.
• We will comply with any laws in the country where we are located, as applicable from time to time.