ESSENTIAL INFORMATION

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS TERMS OF USE (“AGREEMENT”). YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT IS AN ABSOLUTE CONDITION OF YOUR USE OF THE https://bestdigitalcut.com/ (“SITE”) AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND IMAGINE LAB PTE. LTD. (HEREAFTER ”bestdigitalcut” or “bestdigitalcut”). BY ACCESSING ANY SERVICE OR PART THEREOF UNDER THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. BestDigitalCut RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE, AND YOU AGREE TO BE BOUND BY SUCH CHANGES.

1. OWNERSHIP

The Site is owned and operated by Imagine Lab Pte. Ltd.. All images on the Site are owned by BestDigitalCut or its partners / contributors and are protected by International copyright laws and international treaty provisions. BestDigitalCut retains all rights not expressly granted by this Agreement. The license contained in this Agreement will terminate automatically without notice from BestDigitalCut, if you fail to comply with any provision of this Agreement. Upon termination, you must delete and destroy all materials obtained from the Site, copies, and related documentation thereof. In addition, BestDigitalCut reserves the right to terminate the Site without notice.

2. AUTHORIZED USE

Any content downloaded by you from the Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the ”Content”) is licensed to you by BestDigitalCut. Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of the BestDigitalCut License and Copyright Agreement and any relevant licensing agreements.

3. LINKS TO THIRD PARTY SITES

BestDigitalCut provides links to third-party sites as a convenience to you. BestDigitalCut does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by BestDigitalCut of such sites. BestDigitalCut is not responsible for the content of any linked sites.

4. LIMITED WARRANTY

BestDigitalCut represents that it has the right to enter into this Agreement and has the right to grant this Agreement under these terms.

BestDigitalCut warrants that the Content will be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date you download or receive it.

UNLESS OTHERWISE PROVIDED HEREIN, THE CONTENT, ARE PROVIDED ‘AS IS’ ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BestDigitalCut DOES NOT WARRANT THAT THE CONTENT AND THE SITE WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT AND THE SITE ARE WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT BestDigitalCut OR AN AUTHORIZED PERSONNEL OR OTHER COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Certain states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from state to state.

5. YOU REPRESENT, WARRANT AND COVENANT THAT:

a. You are at least sixteen (16) (if you are residing in EU) / eighteen (18) years of age (if you reside everywhere else aside from EU) and have the right to enter into this Agreement;

b. You will not use the Content in any way that is not permitted by this Agreement, BestDigitalCut License and Copyright Agreement or any other relevant licensing agreements;

c. Your use of the Content will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party;

d. The information you provide to BestDigitalCut is accurate and true, including without limitation all credit card information; and

e. You agree that all passwords to your BestDigitalCut account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, we shall be entitled to:

i. terminate this Agreement immediately without notice to you;

ii. retain all unpaid payments pursuant to this Agreement; and

iii. seek any legal or equitable remedies.

6. INCORRECT PRICING AND INFORMATION

BestDigitalCut has used reasonable effort to ensure that the pricing and information stated in the Site are accurate, however there are possibilities due to genuine error that the Content’s information is incorrect or the Content is priced wrongly, in such situation BestDigitalCut has the right to cancel the transaction and refund the payment, if the transaction has been made.

7. LIMITATION OF REMEDIES

a. Cancellation / Expiration: In the event this Agreement is not terminated but the subscription period has been cancelled or has expired, you may continue to use the Content that you have downloaded as of the date of cancellation or expiration, provided that such use is in compliance with the terms of this Agreement, BestDigitalCut License and Copyright Agreement and any other relevant licensing agreements.

b. No Monetary Damages: Under no circumstances whatsoever will BestDigitalCut be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, general, punitive, incidental or consequential damages arising out of the use or inability to use the Content even if BestDigitalCut or a distributor authorized by BestDigitalCut has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. INDEMNIFICATION

You agree to fully defend and indemnify BestDigitalCut , its employees, directors, and officers, and anyone else associated with BestDigitalCut , and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys’ fees and expenses, arising from the breach of the warranty above or the terms of this Agreement.

9. USAGE

BestDigitalCut reserves the right, at our sole discretion, to change and amend the prices of any product and or subscription package at any time and without prior notice to you. However, BestDigitalCut will always endeavour to notify you of any impending price changes.

a. SUBSCRIPTION PLANS

i. Subscription plans cannot be refunded upon download of the first Content.
ii. There shall be no extension of subscription period if you fail to download any Content due to Internet connectivity problems.
iii. The Content will no longer be available for download once the subscription period ends.
iv. Auto Renewal subscription plans will be automatically renewed at the end of your subscription. You can cancel Auto Renewal at any time on the Site by accessing your account settings.

10. NO WAIVER

Failure by BestDigitalCut to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

11. JURISDICTION

a. This Agreement shall be governed by the laws of Singapore, without regard to the conflict of laws principles.

b. All disputes arising out of or in connection with the performance of this Agreement shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree that the dispute shall be settled by arbitration in Singapore under the Singapore International Arbitration Centre (“SIAC”) administered SIAC Arbitration Rules in force when the notice of arbitration is submitted in accordance with these rules. The number of arbitrators shall be one (1). The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.

c. You acknowledge and agree that any breach of any covenant, representations and warranties contained in this Agreement would cause irreparable injury to BestDigitalCut such that damages and remedies under Singapore Law for any breach of any such covenant would be inadequate. You further acknowledge and agree that the arbitral tribunal may order any interim measure it deems necessary or proper in accordance with the applicable laws of Singapore, including without limitation, any injunctive or enjoining procedural orders or interlocutory awards.

12. LEGAL FEES

If BestDigitalCut is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse BestDigitalCut for its legal fees, costs, and disbursements if BestDigitalCut is successful.

13. ASSIGNABILITY

The parties are independent contractors and no employment, agency, or joint venture is created hereunder. This Agreement, and any rights and licenses granted hereunder may not be transferred or assigned by You but may be assigned by us without restriction.

14. ENTIRE CONTRACT

You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and BestDigitalCut , which supersedes any proposal or prior agreement, oral or written, and any other communication between you and BestDigitalCut relating to the subject of this Agreement. The explanations to FAQ’s and other explanations and content provided in the Site are for your information only and are not, and shall not be construed as, part of this Agreement.

15. SEVERABILITY

Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties’ intentions.

16. PRIVACY POLICY

We only use your information as described in the Privacy Policy which is incorporated into these this Agreement by reference. You further agree that by your continued use of the Site, you agree to the terms of this Agreement and Privacy Policy. If you do not agree to your information being used in the manner stated in our Privacy Policy, please cease from using the service(s) provided by the Site.

Last Updated: November 06, 2023