DIY Gems - Terms and Conditions

PLEASE READ CAREFULLY. By enrolling in this program, you agree to the following terms and conditions that govern the DIY Rewards Program; the terms of use, privacy policy, and other relevant documentation including any modifications, alterations, or updates thereof, that are published on the Platform (collectively referred to as "Terms").

A.    Overview of the DIY Gems Program:

This DIY Gems Program, which is a Rewards Program ("Program") is being run on DIY’s website, mobile application, or mobile or other device applications that may be developed by DIY and the affiliates and group companies of DIY and also through various other mediums (all collectively "Platform"), which Platform is owned and operated by Kyt Technologies Pte. Ltd, acting through its brand name DIY (“DIY"). This Program is a loyalty program sponsored by Kyt Technologies Pte. Ltd. (“Sponsor”) through which users who have a valid DIY Account ID (“Users”), may earn reward points (“Gems”) that will be credited to the user's DIY Account (“DIY Account") as set forth herein. Users may redeem their Gems through “DIY Shop” and get items of their preference.

B.    Eligibility and Participation in the Program:

  1. The Program is open to legal residents Worldwide (“Territory”) who have a registered DIY Account ID. It is void where prohibited by law. Users must have a valid DIY Account ID from www.diy.org and/or mobile or other device applications that may be developed by DIY and the affiliates and group companies of DIY and also through various other mediums. If you do not have a DIY Account, visit www.diy.org and follow the links and instructions to create an account.

  2. However, the Sponsor may at its sole discretion, choose to reward select users based on their transaction history and engagement on the Platform and other eligibility criteria as may be determined by the Sponsor from time to time.

  3. To enroll in this Program and thereby create a DIY Account, a user is required to register online (www.diy.org), or through the DIY application (the “DIY App”), with the email address associated with his/her DIY Account and agree to these Terms and Conditions. Continued participation in the Program constitutes each user's continued full and unconditional agreement to these Program Terms and Conditions, as they may be updated from time to time (“Rules”), and representation that the user meets the eligibility requirements set out in these Rules. Those who do not comply with these Rules may be prohibited from participating in the Program as determined by the Sponsor at its sole discretion. 

  4. To learn how the Sponsor will use the personal information collected in connection with the Rewards Account and/or this Program, read Sponsor’s Privacy Policy available at: https://docs.diy.org/privacy-policy.

  5. By accepting these Rules and signing up for the Program, the user hereby agrees to receive email messaging to the email address associated with his/her DIY Account as set forth in the Sponsor’s Privacy Policy available at: https://docs.diy.org/privacy-policy

  6. As permitted by law, Users may submit privacy rights requests by sending us an email at help@diy.org. If the User submits a request to delete their DIY Account, all of their data associated with the DIY Account will be immediately and permanently deleted. A User will forfeit their Gems and the Sponsor cannot provide any customer service related to any previous transactions associated with their DIY Account once a deletion request has been submitted. If User elects to re-enroll in the DIY Rewards Program after they have deleted their DIY Account, they may do so but will start with a zero-point balance.

C.    Duration, Modification, and Termination of the Program:

  1. Sponsor also reserves the right to suspend or modify the Program, at its discretion, at any time with or without notice. Termination, modification, or suspension may affect a User's ability to redeem accumulated Gems. Users will be able to redeem Gems at any time as set forth in Section F below.

  2. A User's continued participation in the Program constitutes his or her acceptance of any changes to these Rules.

 

D.    Earning DIY Gems:

  1. Users can earn reward points (“Gems”) as mentioned below in the table upon completion of successful activities. These reward points will be credited to your DIY profile.

  2. Sponsors may also offer Gems through promotional offers to some or all Users for limited time periods. These offers may be communicated through the DIY App and other mediums, or as prizes in promotional games. Each offer or game will provide details and terms including how to participate and other limitations or restrictions. Sponsors may notify eligible Users of this special opportunity through push notifications, in-app carousels, and/or through communication to the email address associated with their DIY Account.

E.    Point Value, Forfeiture of Gems, & Viewing Gems:

  1. Gems do not constitute property, do not entitle a member to a vested right or interest, and have no cash value. As such, Gems are not redeemable for cash, transferable, or assignable for any reason. Accordingly, Gems are not transferable (a) upon death, (b) as part of a domestic relations matter, (c) from separate DIY Accounts held by one User, or (d) otherwise by operation of law. The sale or transfer of Gems is strictly prohibited.  Any Gems remaining in a User’s DIY Account if the Program is canceled will be forfeited without compensation. There shall be no carryover or transfer of Gems to other Sponsor programs unless otherwise determined by Sponsor in its sole and absolute discretion.

  2. Gems earned will remain valid for a period of one (1) year from the time they are earned.

 

F.    Redeeming DIY Gems Earned:

  1. Users can use their earned “Gems” to choose their item of preference from the “DIY Shop”, at any time once they have accrued Gems. “Gems” will be deducted from the user’s account and they will receive a confirmation with the details of the item.

  2. Sponsor reserves the right to modify the list of items available in the DIY Shop, as well as their corresponding Gem values, at any time for any reason, and without prior intimation.

  3. Sponsor reserves the right to substitute an item advertised with an item of equal or greater value if due to unavailability or for any other reason.

  4. Users will receive confirmation emails notifying them when they redeem their gems for an item on the DIY Shop.

  5. Except as otherwise provided herein, no refunds will be provided on any item. If for any reason an item becomes unavailable, or cannot be fulfilled, Sponsor, in its sole discretion, reserves the right to replace the item with a similar item of equal or greater value.

  6. DIY, through “DIY Shop”, does not in any way promote or endorse any third-party tool, platform, app, or website, unless specified for partnerships. 

G.   Taxes:

Users are responsible for the payment of all taxes and completion of applicable tax documents which may result from participation in the Program.

 

H.    Limitation of Liability:

  1. Sponsor, and its parent, subsidiary, affiliate, franchisees, and related companies, and each of its and their respective officers, directors, employees, shareholders, agents and promotional and advertising agencies, successors, assigns (collectively the “Released Parties”) are not responsible for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alteration of Program materials or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of Program information due to technical problems or traffic congestion on the internet, at any web site or any combination thereof. In the event that the DIY App and/or the DIY Rewards Program is temporarily corrupted and suspended, notice of such will be provided and Users will be advised to (1) not redeem Gems until such time that the Program, as originally intended, maybe resumed and (2) that qualified transactions during this time period completed will not generate Gems for the User. The sponsor does not recognize or condone any third-party services that may be used to sell, exchange, transfer, or otherwise dispose of Gems. The sponsor does not assume any responsibility for, will not be liable for, and will not facilitate or otherwise support, such transactions.

  2. By participating in the Program, each User accepts all responsibility for and hereby releases and agrees to indemnify and hold harmless Sponsor and their respective parent companies, subsidiaries, affiliates, agents, promotion and advertising agencies, including, franchisees, and each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers from and against any claims, liabilities, damages, or expenses that may arise from actions taken by such User and/or User’s participation in the Program, or for any harm or injury caused by any third party.

  3. IN NO EVENT SHALL RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SPONSOR’S CUMULATIVE LIABILITY TO THE USER ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE USER’S ACTUAL LOSS; OR (B) $1,000. THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

 

I.      General Terms and Conditions:

  1. Sponsor reserves the right to suspend or discontinue the eligibility of any person who uses, or, in the case of suspension, is suspected of using, the Program in a manner inconsistent with these Terms or any federal or state laws, statutes, or ordinances. In addition to suspension or discontinuance of the Program eligibility, the Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

  2. Sponsor, in its sole discretion, has the absolute right to manage, modify, suspend, revoke, and terminate User’s license to use Gems without notice, refund, compensation, or liability to User, except as otherwise prohibited by applicable law. Without limiting the foregoing, the User’s license to use Gems will terminate upon termination of these Terms or User’s DIY account and as otherwise provided herein, except as otherwise required by applicable law.

  3. Transactions involving the exchange of Gems for virtual items, services, or content via the services are not legally enforceable, may not form the basis of any private right of action against DIY or any third party, and are governed solely by us in our sole discretion and application of these Terms.

  4. All questions or disputes regarding eligibility for the Program, the availability of items, or a User’s compliance with these Terms will be resolved by the Sponsor at its sole discretion.

  5. Sponsor is not responsible for any incorrect or inaccurate information supplied by Users while participating in the Program.

  6. Users are responsible for the payment of all taxes which may result from participation in the Program.

  7. Users are responsible for maintaining updated contact information associated with their DIY ID. 

  8. The Program is subject to all applicable laws and regulations.

  9. As a condition of participating in the Program, the User agrees that, except where prohibited, any and all disputes, claims, and causes of action arising out of, or connected with, the Program or any item from “DIY Shop” therein shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Singapore. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, User’s rights and obligations, or the rights and obligations of Sponsor in connection with the Program, shall be governed by and construed in accordance with, the laws of Singapore.

  10. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Rules, which will otherwise remain in full force and effect.