Joyce Star Tan Terms of Use
Last Updated: 20th November 2020
We are Joyce Star Tan (referred to herein as “Joyce Star Tan”, “we”, “us” or “our”). We offer various services and products on our websites and mobile sites, and all subdomains thereof (“Sites”) which from time to time may include, but not be limited to, information, articles, programs, videos, podcasts, books, courses, music (collectively, the “Services“).
JOYCE STAR TAN DOES NOT PROVIDE HEALTH OR MEDICAL ADVICE. IF YOU ARE EXPERIENCING ANY MEDICAL EMERGENCY OR ARE UNWELL IN ANYWAY, PLEASE CONSULT A MEDICAL PROFESSIONAL OR VISIT THE NEAREST ACCIDENT AND EMERGENCY FACILITY IMMEDIATELY. DO NOT DELAY SEEKING HELP FROM A DOCTOR OR MEDICAL PROFESSIONAL BECAUSE OF ANYTHING YOU HAVE READ OR SEEN ON THE SITES OR SERVICES. YOU MUST CONSULT A HEALTHCARE PROFESSIONAL BEFORE STARTING OR TRYING ANY WELLNESS, NUTRITIONAL, DIET, FITNESS OR EXERCISE PROGRAMME.
The content on the Sites, including text, graphics, images, and other material contained on our website(s), apps, newsletter, and products (“Content”), is general in nature and for informational purposes only and does not constitute medical or scientific advice. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult your doctor or other qualified healthcare provider with any questions you may have regarding a physical or psychological condition, procedure, or treatment, whether it is a prescription medication, over-the-counter drug, vitamin, supplement, or herbal alternative. Joyce Star Tan makes no guarantees about the efficacy or safety of products or treatments described on the Content. Joyce Star Tan does not recommend or endorse any specific test, clinician, clinical care provider, product, procedure, opinion, service, or other information that may be mentioned in the Sites, our apps, and/or Content.
1. You Agree to be Bound by These Terms of Use and Our Privacy Policy
By using the Sites in any way, including our Services and/or creating an account with us (if available), you agree to full and unreserved acceptance of these Terms of Use at all times, including any additional terms and conditions and policies referenced herein and/or available by hyperlink, and incorporated by reference.
Joyce Star Tan’s Privacy Policy is accessible by clicking on this link: Privacy Policy. By using the Sites in anyway and the Services and by accepting these Terms of Use, you expressly consent to the collection and use of your information, as enumerated in Joyce Star Tan’s then-current Privacy Policy, as may be amended from time to time.
If you do not agree to any part of these Terms of Use then you must immediately stop using the Sites and the Services.
We may block and/or suspend and/or close the account (if any) of any user who violates, or whom we, at our absolute discretion, reasonably believe may be in violation of or will violate, these Terms of Use, at any time without notice.
2. Legal Capacity & Age of Majority to Use the Services; Minors Must Have Consent of Parents or Legal Guardian
To use the Sites and the Services you must be a natural person. You must also have the legal capacity to enter into contracts and transactions on your own behalf and meet the age of majority in your state, country or jurisdiction. The age of majority is the age after which you are entitled to enter into legally binding obligations and contracts on your own behalf.
If you do not have the requisite legal capacity or have not reached the age of majority in your state, country or jurisdiction, you may only use the Sites and the Services with the consent of a parent or guardian and you must inform them about the terms and conditions found in these Terms of Use.
By using the Sites and the Services, you warrant and represent to Joyce Star Tan that you are legally entitled to do so, and that your use complies with all applicable laws and regulations.
3. The Protection of Minors and Responsibility of Guardians and Parents
From time to time, Joyce Star Tan may offer Content or Services that are promoted to, suitable for, or aimed at minors. If you are a parent or guardian who has consented to a minor using the Sites and Services, then you are solely responsible for ensuring that the Content, Sites and Services, are suitable for the minor and for supervising the minor’s use of the Content, Sites and Services. You must ensure that any products or services, such as books that may be made available, if any, are suitable before purchasing the same. You are also responsible for supervising the use of, and/or ensuring that the minor is able to safely use any products and services purchased or obtained from the Sites or Services, such as activity or coloring books, games, puzzles or toys, if any are made available from time to time.
4. Limited, Non-Commercial License to Use the Site and Services
Subject to your compliance with these Terms of Use, Joyce Star Tan grants you a limited, revocable and nonexclusive license to access and use the Sites and the Services for your own personal and non-commercial use.
We reserve all rights not expressly granted to you. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of the Services or the Sites does not convey or imply the right to use the Services or the Sites in combination with any other information or products.
You may not sub-license or transfer your rights hereunder to a third party or use the Services or the Sites in any manner not expressly permitted by Joyce Star Tan.
You shall not conduct any manual or automated collection, aggregation, copying, duplication, display or derivative use of the Services (or any information or content on the Sites), nor any use data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Joyce Star Tan. A limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Sites.
For the avoidance of doubt, certain rights in some parts of the Sites and Services may belong to third parties, and not Joyce Star Tan, for content that is brought to you by third parties. The restrictions that apply to the Sites and the Services also apply to the rights of such third parties.
5. Proprietary Materials
The Sites and Services contain material, features, functionalities and technologies (which may include, but is not limited to text, software, photos, video, graphics, images, data, music and sound) of Joyce Star Tan and others including, without limitation, Joyce Star Tan’s licensors, that are protected by intellectual property right laws including but not limited to copyright material, trademarks, registered designs, knowhow, business methods, databases and proprietary information (collectively, “Proprietary Material”).
You agree not to modify, adapt, publish, copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from Joyce Star Tan.
You agree that you will not participate in or assist any third party to do any act or omission that may compromise or have a negative impact on the value of, or the ability of Joyce Star Tan or its licensors to assert their rights in or over, the Proprietary Material.
6. Accounts
From time to time, some aspects of the Sites and/or Services may require account registration and login. You hereby represent and warrant that the information you provide when you create an account are true and accurate and belong and relate to you and not another person or entity. You are solely responsible for protecting the confidentiality of your account identification and/or password and for all use of your account, whether authorized by you or not. You may not allow another person to use your account for any purpose or reason whatsoever. You must immediately notify us if you believe that the security of your account has been compromised in any manner. We reserve the right to disable any account at any time without giving prior notice to you.
7. User Generated Content
The Sites and/or Services may from time to time contain features that allow you to upload files, post messages or other content, input data or engage in any other form of communication (individually or collectively "Communications"). You hereby warrant and represent that you are the owner of your Communications or you have all rights necessary to upload, post, transmit and otherwise share and/or use any such Communications. You hereby grant to Joyce Star Tan a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free, fully paid up, transferable and sub-licensable license to use, copy, adapt, distribute, display, publicly perform, broadcast, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Joyce Star Tan for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with the Communications.
You acknowledge and agree that we may edit, refuse to post or remove any information or materials that you post, upload, communicate to another user or submit to us, in our sole discretion. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of your submissions or content. We may, but shall not be obliged to, remove or edit any of your submissions or content for any reason.
You agree that submissions or opinions expressed by users are that of the individual expressing such submission or opinion and agree to indemnify us and hold us harmless from any submissions made by yourself or any other user.
8. User Code of Conduct
You are required to conduct yourself in a lawful, ethical and respectful manner as a condition for you to use Services and the Sites. We reserve the right to, at our sole and absolute discretion, ban or suspend any user who violates this code of conduct, or who behaves in any abusive, undesirable or anti-social manner. When using the Services and the Sites you agree that you:
May not use, publish or upload obscene, lewd, slanderous, defamatory, pornographic, abusive, violent, insulting, indecent, inflammatory, threatening or harassing language or image of any kind, as determined by us in our sole discretion.
May not behave in any manner that is insensitive or discriminatory towards any person or any group of people including any social, ethnic, religious or racial group or nationality, or that promotes intolerance, violence, discrimination or hatred towards any person or any group of persons.
May not impersonate another person or user.
Will not abuse, stalk, doxx or bully another user.
Will not share personal information (such as your name, phone number, bank account details, location or address) with other users.
May not upload, distribute, or otherwise publish any content, information, or other material that violates or infringes the copyright material, patents, trademarks, service marks, trade secrets, confidential information or other proprietary rights of any person.
Will treat all of your posts, or your online behaviour as if they are being made in public and will not do or say online anything you would not do or say in person.
Will not attempt to participate in any Services by means of automatic, macro, programmed, or similar methods.
Will not use the Sites or the Services for the purpose of committing any illegal or unethical activity or fraud such as money laundering, or to cheat or defraud or attempt to cheat or defraud any other user, whether for financial gain or not, or to infringe the rights of any person in any manner whatsoever.
Will not deploy or transmit any viruses, worms, trap doors, spyware, trojan horses or other types of harmful code when using the Sites or the Services.
Will not disrupt, interfere with or impair the normal operation or any aspect of the Sites or the Services.
Will not use the Sites or the Services for the commercial benefit of any person or entity.
9. Our Right to Disclose Your Identity to Third Parties or Law Enforcement Authorities
You agree that we may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; or take appropriate legal action, including without limitation, reporting the same to any law enforcement agency. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Sites and Services, including yourself. You waive and hold harmless Joyce Star Tan and its affiliates, licensors, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.
10. Your Representations and Warranties
You represent and warrant to us that (1) you will comply fully with these Terms of Use at all times; (2) all information you supply to us at any time is complete, accurate and current; and (3) that your use of the Sites and the Services shall comply at all times with any laws, regulations or directives that may apply to you, and that you, and not Joyce Star Tan, shall be solely responsible for determining such compliance with all applicable laws.
11. Payment Terms
If goods or services are offered on the Sites or Services (whether by Joyce Star Tan or third parties), prices displayed for all and any goods or services excludes any applicable taxes, unless expressly stated otherwise. To the extent permissible under applicable laws, you are responsible for any applicable taxes. If you purchase any goods or services, you agree to pay the applicable fees and taxes (if any) set forth in the offer that you accepted. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees. Joyce Star Tan has no liability for overdraft or other fees that you may incur as a result of the processing of your payment by our third party payment processor, or your bank or credit card company.
To purchase any goods or services from the Sites or Services, you will be taken away from the Sites or Services, and directed to a payment gateway service provider, through which you will provide your credit card or other payment or security information, so that it may be passed to one or more third party payment processor for payment. Your payments are subject to the terms and conditions and privacy policies of such third parties. Joyce Star Tan will have no access to your credit card or account numbers and information when you make a payment online and Joyce Star Tan and its affiliates, officers, directors and employees, disclaim all liability in connection with any third party's use or misuse of same.
All fees and charges are non-refundable unless otherwise stated.
12. Termination
Joyce Star Tan reserves the right to immediately terminate or restrict your access to the Sites and Services at any time for any reason with or without notice, without providing you the reason for the same. Without limiting the foregoing, Joyce Star Tan may block or terminate your access to the Sites and Services if Joyce Star Tan, in its sole discretion, believes you are violating these Terms of Use.
13. Monitoring
Joyce Star Tan has no obligation to monitor the Services or any portion thereof. However, Joyce Star Tan reserves the right to monitor and review the Sites and Services, any user generated content and user activity on the Sites and the Services and remove, delete, redact or otherwise modify user content or block or terminate user access to the Sites and the Services, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Joyce Star Tan has no obligation to display or post any user content. Joyce Star Tan shall have no liability in connection with any user content submitted to, transmitted via, or displayed or posted on or through the Sites and the Services.
14. Links to Third Party Sites
The Sites and the Services may contain hyperlinks to sites owned or operated by parties other than Joyce Star Tan. Such hyperlinks are provided for your convenience or reference only. Joyce Star Tan does not control such sites and is not responsible for their contents or any products, services or information offered on such sites. Joyce Star Tan’s inclusion of hyperlinks to such sites does not imply any endorsement of the material on such sites or any association with their operators. You must ensure that you agree to the terms of use or privacy policies of such sites before using them.
15. Right to Modify Terms of Use
Joyce Star Tan has the right to modify these Terms of Use in any manner and at any time, with or without cause, in Joyce Star Tan’s absolute discretion and without notice or liability. Any modification is effective immediately upon posting the modification on the Sites. Please check for updates from time to time. Your continued use of the Sites and the Services following any modification of these Terms of Use shall be conclusively deemed acceptance of any modification.
16. Right to Modify or Block Access to This Site or the Services
Joyce Star Tan may at any time, without notice or liability, change, suspend or eliminate any content or feature of the Sites or the Services, or restrict the use of the whole or any portion of the same.
17. Advertisements, and Third Party Products and Services
From time to time as we deem appropriate, we may allow access to or advertise certain third-party product or service providers ("Third Parties”) from whom you may purchase certain goods or services. Transactions for these goods and services may or may not be concluded on the Sites or the Services. You acknowledge that we do not operate or control the products or services offered by these Third Parties which are solely are responsible for all aspects of their relationship with you including order processing, fulfilment, billing, cancellations and customer service. We are not a party to the transactions entered into between you and Third Parties and will not be held responsible for any aspect of any interactions, rights and obligations between you and the Third Parties.
18. Indemnification
You hereby agree to indemnify, hold harmless, and defend Joyce Star Tan and its affiliated companies, and their respective predecessors, successors, and assigns, and all of their respective current and former officers, directors, shareholders, agents, and employees (the “Indemnified Parties”) from any and all actions, causes of action, suits, proceedings, claims, and/or demands by any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation, reasonable attorneys’ fees and costs)), which arise out of: (a) your actual or alleged breach of these Terms of Use, (b) any negligent act or omission by you, (c) any alleged breach by you of any applicable law, regulation or directive; (d) any investigation in to your activities by any government or regulatory authority; or (e) any third party claim, action, or demand related to your use of the Services (each a “Claim” and collectively “Claims”). Joyce Star Tan may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. Joyce Star Tan will provide you with reasonably prompt notice of any Claim it receives.
19. No Warranties
THE SITES AND SERVICES, ANY PRODUCTS OR SERVICES THAT YOU PURCHASE OR OBTAIN FROM US OR ANY THIRD PARTY FROM OUR SITES OR SERVICES, AND ANY FUNCTIONALITY, FEATURE, SOFTWARE OR MATERIAL USED OR FOUND HEREON, ARE PROVIDED “AS IS” AND JOYCE STAR TAN HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
JOYCE STAR TAN DOES NOT WARRANT THAT THE SITES AND/OR SERVICES, ANY PRODUCTS OR SERVICES THAT YOU PURCHASE OR OBTAIN FROM US OR ANY THIRD PARTY FROM OUR SITES OR SERVICES, AND ANY FUNCTIONALITY, FEATURE, SOFTWARE OR MATERIAL USED OR FOUND HEREON, ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ANY APPLICABLE LAW WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN.
NO ORAL OR WRITTEN INFORMATION, OPINION OR ADVICE GIVEN BY JOYCE STAR TAN OR ITS AGENTS OR EMPLOYEES OR THIRD PARTIES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
20. Limitations on Liability
JOYCE STAR TAN AND ITS LICENSORS AND ITS THIRD PARTIES ARE NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OF OR THE INABILITY TO USE THE SITES OR THE SERVICES, ANY FUNCTIONALITY, FEATURE, SOFTWARE OR MATERIAL USED OR FOUND HEREON, AND/OR ANY PRODUCTS OR SERVICES THAT YOU PURCHASE OR OBTAIN FROM US OR ANY THIRD PARTY FROM OUR SITES OR SERVICES. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATIONS LINES FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORDS, DATA, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
YOU USE THE SITES AND SERVICES, ANY FUNCTIONALITY, FEATURE, SOFTWARE OR MATERIAL USED OR FOUND HEREON, AND PURCHASE, ACQUIRE AND USE ANY PRODUCTS OR SERVICES OBTAINED FROM THE SITES AND SERVICES, ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, OUR PARTNERS, OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY LOST BUSINESS OR LOST PROFIT ARISING OUT OF YOUR OR ANY THIRD PARTY'S USE OR THE INABILITY TO USE THE SITES OR SERVICES, AND/OR THE SITES’ OR SERVICES’ CONTENT, EVEN IF BIG SECRET LIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES..
IF YOUR USE OF THE SITES OR SERVICES, OR ANY FUNCTIONALITY, FEATURE, SOFTWARE OR MATERIAL USED OR FOUND HEREON, RESULTS IN ANY INTERRUPTION, IMPAIRMENT OR LOSS OF, OR YOUR NEED TO SERVICE, REPAIR OR CORRECT, ANY HARDWARE, SOFTWARE, EQUIPMENT, SYSTEMS OR DATA, YOU AGREE TO ASSUME, AND HOLD US HARMLESS FROM, ANY COSTS AND LOSSES IN CONNECTION THEREWITH.
21. Governing Law and Arbitration
These Terms shall be governed by the laws of the Republic of Singapore. You agree to submit any dispute arising out of or related to the Sites, the Services or these Terms of Use, to arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause.
22. Waiver
Any failure by Joyce Star Tan to require performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Joyce Star Tan of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
23. Severability
In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole. Joyce Star Tan will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent as reflected in the original provision.
24. No Assignment
You may not assign any of your rights under or arising from these Terms of Use.
25. Entire Agreement
These Terms of Use and any documents referenced herein constitute the complete and exclusive agreement between you and Joyce Star Tan with respect to use of the Services, and supersede and govern all prior proposals, agreements, or other communications relating thereto.
26. No Rights of Third Parties.
A person or entity who is not a party to the agreement formed between Joyce Star Tan and you hereunder, shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement.