This website and/or its mobile websites and applications (the “Website”) are owned and operated by JOYPOINT EASY SHOPPING PTE. LTD (the “Company”). These Terms of Service (“Terms of Service”) govern your use of this Website. Any purchase of products or services available through this Website is subject to the Purchase Terms (“Purchase Terms”) on the relevant Company website, which are incorporated herein by reference. In addition, your use of this Website is subject to the Privacy Policy, which is incorporated herein by reference.
Throughout the Website, the terms “we”, “us” and “our” refer to the Company. The Company offers you, as a user, this Website, including all information, tools and services available on this Website, on the condition that you accept these Terms of Service. By your continued use of this Website, you agree to these Terms of Service. If you do not wish to be bound by these Terms of Service, please do not use this Website.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, TOGETHER WITH THE PRIVACY NOTICE AND OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF SERVICE, BEFORE USING THE WEBSITE. By using the Website, you agree to these Terms of Service, including, but not limited to, the arbitration agreement and waiver of class actions described in the “Dispute Resolution” section below.
Data Integrity
You represent that all information, data and other materials you provide to the Company on this Website or otherwise are true, accurate, current and complete. You are responsible for updating and correcting the information you provide on this Website as applicable.
Privacy Policy
A copy of the Privacy Policy applicable to the collection, use, disclosure and other processing of personal data on this Website can be found at foreded.com. You agree that all personal data we receive about you (whether through this Website, by email, by telephone or otherwise) will be collected, stored and otherwise processed in accordance with the provisions of the Privacy Policy.
License and Site Access
All content available through this Website (including, but not limited to, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as their selection and arrangement) is the exclusive property of and owned by the Company, its licensors or its content providers and is protected by copyright, trademark and other applicable laws.
The Company grants you a limited license to access this Website and its personal use. Unless otherwise specified, you may access, copy, download and print the content available on this Website for your personal, non-commercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notices appearing in the content. The Company or its licensors or content providers retain full ownership of the content available on the Website, including all related intellectual property rights, and provide you with such content under a license that is revocable at any time at the Company’s sole discretion. The Company strictly prohibits any other use of the content available through the Website, including, but not limited to:
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any downloading, copying or other use of the content or the Website for purposes that compete with the Company or benefit another provider or a third party;
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any caching, unauthorized linking to the Website or framing of content available on the Website;
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any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, content, products or services you have obtained from the Website and which you have no right to make available (e.g., the intellectual property of another party);
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any uploading, posting or transmitting of material that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of a computer;
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use of hardware or software designed to secretly intercept or otherwise obtain information (e.g., system data or personal information) from the Website (including, but not limited to, the use of “scraping” or other data-mining techniques, robots or similar data gathering and extraction tools); or
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any action that (in the Company’s sole discretion) imposes or may impose an unreasonable or disproportionately large load on the Company’s infrastructure or damages or impairs the proper operation of our infrastructure.
You are responsible for obtaining access to the Website, and such access may involve third-party fees (e.g., internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website. You may not circumvent any measures implemented to prevent or restrict access to this Website. Any unauthorized access to the Website by you (including any such access or use that involves in any way an account you have established on the Website or a device through which you access the Website) will terminate the permission or license granted to you by the Company.
The Company reserves the right to refuse or cancel a person’s registration for this Website, remove persons from this Website, and prohibit any person from using this Website for any reason, and to restrict or terminate your access to or use of the Website at any time without notice. The Company does not warrant that your use of the content available on this Website will not infringe the rights of third parties not affiliated with the Company. Termination of your access or use will not waive any other rights or remedies the Company may have at law or in equity.
Content You Submit
You acknowledge that you are responsible for all content you transmit through the Website, including the legality, reliability, appropriateness, originality and copyright of such content. You may not upload, distribute or otherwise publish through this Website any content that is confidential or copyrighted, that violates the privacy or publicity rights of others, that infringes intellectual property rights, or that is unlawful, harmful, threatening, false, fraudulent, defamatory, libelous, obscene, vulgar, profane, offensive, harassing, hateful, racist, ethnically or otherwise objectionable, including, but not limited to, content that encourages conduct that would constitute a criminal offense, violate the rights of any party or otherwise give rise to civil liability or violate any applicable law.
You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of content.
With respect to all content you submit, post, upload, publish or otherwise make available through the Website (except personal data handled in accordance with the Privacy Policy), you grant the Company a perpetual, irrevocable, non-terminable, worldwide, transferable, royalty-free and non-exclusive license to use, reproduce, distribute, publicly display, modify, create derivative works from and sublicense such content or any part thereof in all media. Such content will not be treated as confidential. You hereby represent and warrant that: (i) the content you provide does not contain anything (including, but not limited to, text, images, music or videos) for which you do not have the full right to grant a license to the Company; and (ii) the Company is free to exercise and/or implement its rights in your content if it wishes, without obtaining the permission or license of third parties and without reference to you or any other person.
Links
This Website may contain links to other websites or resources operated by third parties not affiliated with the Company. These links are provided to you as a convenience and as an additional way to access the information contained therein. We are not responsible or liable for content, advertising, products or other materials available on or from such websites or resources. The inclusion of links to other websites or resources should not be deemed an endorsement of the content of the linked websites or resources. Different terms and conditions and privacy policies may apply to your use of linked websites or resources. The Company is not responsible or liable, directly or indirectly, for any damages, losses or liabilities caused or alleged to be caused by or in connection with the use of or reliance on such content, products or services available on or through any such website or resource.
DISCLAIMER
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE OR THE SERVICE OR PURCHASE TERMS, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, OBLIGATIONS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS, FITNESS FOR A PARTICULAR USE OR PURPOSE OR NON-INFRINGEMENT OF CONTENT ON THE WEBSITES OR PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE COMPANY’S WEBSITES, AS WELL AS IMPLIED WARRANTIES ARISING FROM A COURSE OF PERFORMANCE OR DEALING.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. We reserve the right to restrict or terminate your access to the Website or individual features or parts thereof at any time. THE COMPANY DISCLAIMS ANY WARRANTY THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE IS SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE OF VIRUSES; OR THAT THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE, APPROPRIATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. If you download content from this Website, you do so at your own discretion and risk. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU ON THE WEBSITE CREATES ANY WARRANTY.
IN CERTAIN JURISDICTIONS, THE EXCLUSION OF WARRANTIES IS NOT PERMITTED BY LAW, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, COMMUNICATION WITH THIRD PARTIES, AND THE PURCHASE AND USE OF PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY WEBSITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU FREE OF CHARGE. IN RECOGNITION THEREOF, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, CONSUMER PROTECTION LAWS), NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS (THE “COMPANY PARTIES”) WILL BE LIABLE FOR DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) THIS WEBSITE OR ANY OTHER WEBSITE OR RESOURCES YOU ACCESS THROUGH A LINK FROM THIS WEBSITE; (2) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ALL PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE COMPANY WEBSITES, INCLUDING DAMAGES OR INJURIES ARISING FROM THE USE OF THESE PRODUCTS OR SERVICES (INCLUDING PRODUCT LIABILITY); (4) ANY DELAY OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE WEBSITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE WEBSITE; OR (6) ANY USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. It is the user’s responsibility to evaluate the accuracy, completeness or usefulness of any opinions, advice or other content available on the Website or obtained from a linked website or resource. THIS DISCLAIMER APPLIES WITHOUT LIMITATION TO DAMAGES OR INJURIES ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOST PROFITS BY YOU OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION, LOSS OR USE OF RECORDS OR DATA AND ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS ARE LIABLE FOR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR DISPUTES WITH THE COMPANY IS TO STOP USING THE WEBSITE.
YOU AND THE COMPANY AGREE THAT ALL CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
Indemnification
You will indemnify and hold harmless the Company Parties from and against all fines, penalties, liabilities, losses and other damages of any kind (including attorneys’ and experts’ fees) incurred by the Company Parties, and will defend the Company Parties and such parties against all claims arising out of (1) your breach of these Terms of Service; (2) your breach of the Purchase Terms; (4) fraud committed by you, or your willful misconduct or gross negligence; or (5) your violation of applicable law or the rights of third parties. The Company Parties have control over the defense of claims covered by this indemnification. In no event may you settle claims without the prior written consent of the Company Parties.
Electronic Communication
When you use the Website or send emails to the Company, you are communicating electronically with the Company. You agree to receive all communications related to your use of this Website electronically. The Company communicates with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. All communications from the Company intended for receipt by a customer are deemed delivered and effective when sent to the email address you provide on any of the Company Sites.
Site Contributions
The Website may offer users the opportunity to send post messages on the Website. The Company is not obligated to review content (including any messages) posted or sent by users on the Website and assumes no responsibility or liability with respect to such content. The Company may monitor, not publish or remove such content at its discretion.
Trademarks and Copyrights
The trademarks, logos and service marks displayed on the Website (“Trademarks”) are the property of the Company or its licensors or content providers or other parties. Users or parties acting on their behalf are prohibited from using the Trademarks for any purpose without the written permission of the Company or a third party who may own the Trademarks, including, but not limited to, use as meta tags on other pages or websites. Without the express written consent of the Company, you may not use frames or framing techniques or technologies to enclose content contained on the Website. In addition, without the express written consent of the Company, you may not use Website content in meta tags or other “hidden text” techniques or technologies. All content available on or through the Website (including all software programs) is protected by copyright, trademark and other applicable laws.
Intellectual Property Infringement Claims
The Company respects the intellectual property of others and asks our users to do the same. You are hereby informed that the Company has adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of Website users who repeatedly infringe copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, please submit the following information to the Company’s copyright agent (to be effective, the notification must be in writing and submitted to our copyright agent):
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an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
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a description of the copyrighted work or other intellectual property that you believe has been infringed, or, if multiple copyrighted works on a single online site are covered by a single notification, a representative list of such works on that site;
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identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material you claim is infringing is located on the Website;
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your address, telephone number and, if available, email address;
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a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
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a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on behalf of the copyright or intellectual property owner.
The Company’s agent for reporting claims of copyright infringement or other intellectual property violations may be reached as follows:
By email: service@foreded.com
The Company may update this contact information from time to time without prior notice. We will post the current contact information on this Website.
Survival of Terms After Termination
Notwithstanding any other provision of these Terms of Service or general legal principles to the contrary, any provision of these Terms of Service that imposes or provides for continuing obligations on a party shall survive the expiration or termination of these Terms of Service.
Force Majeure
The Company is excused from performance under these Terms of Service or the Purchase Terms to the extent that it is prevented or delayed, in whole or in part, from performing due to an event or series of events caused by or resulting from (1) weather conditions or other acts of nature or force majeure, (2) acts of war, terrorism, riots, civil unrest, insurrection or rebellion, (3) quarantines or embargoes, (4) labor strikes or (5) other causes beyond the reasonable control of the Company.
Risk of Loss
Items purchased through the Website are shipped by a third party pursuant to a shipping contract. Risk of loss and title to such items therefore pass to you upon delivery to the carrier.
Dispute Resolution
By using the Website in any way, you unconditionally agree and consent that: (i) all disputes, controversies, differences or claims arising out of or relating to this agreement, including its existence, validity, interpretation, performance, breach or termination, or all disputes concerning non-contractual obligations arising out of or relating thereto, shall be submitted to and finally settled by arbitration in accordance with the UNCITRAL Arbitration Rules in force at the time of submission of the notice of arbitration; (ii) the law of this arbitration clause is the law of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”); (iii) the place of arbitration is Hong Kong; (iv) the number of arbitrators is one, appointed by the Hong Kong International Arbitration Centre; and (v) the arbitration shall be conducted in English.
General
If any provision set forth in these Terms of Service or the Purchase Terms is held to be invalid, void or unenforceable for any reason, the parties agree that the court should endeavor to give effect to the intentions of the parties as expressed in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of these Terms of Service or the Purchase Terms. Section headings are for reference purposes only and do not limit the scope or extent of this section. These Terms of Service or the Purchase Terms and the relationship between you and the Company are governed by the laws of Hong Kong, unless excluded or inconsistent with federal laws, notwithstanding its conflict of law rules. For all actions not subject to arbitration, we agree to submit to the personal jurisdiction of a court located in Hong Kong.
The Company’s failure to act with respect to a breach by you or others of these Terms of Service or the Purchase Terms does not constitute a waiver of the Company’s right to act with respect to subsequent or similar breaches. If content on this Website or your use of the Website violates the laws of the place where you are located at the time of access, the Website is not intended for you and we ask you not to use the Website. You are responsible for informing yourself about and complying with the laws of your jurisdiction.
The Company does not guarantee that it will take action against all violations of these Terms of Service or the Purchase Terms. Unless expressly provided otherwise in these Terms of Service or the Purchase Terms, there are no third-party beneficiaries of these Terms of Service or the Purchase Terms.
Changes to These Terms of Service
You acknowledge and agree that the Company may, at its discretion, at any time and in any manner, modify, add or remove portions of these Terms of Service by posting revised Terms of Service on the Website. You may not supplement or modify these Terms of Service under any circumstances. It is your responsibility to periodically check whether we make changes to the Terms of Service. Your continued use of this Website after any changes to the Terms of Service means that you accept the changes.
Assignment
Without the prior written consent of the Company, which may be withheld at the Company’s sole discretion, you may not assign these Terms of Service or the Purchase Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise. Any attempted assignment that does not comply with these Terms of Service or the Purchase Terms is void. The Company may assign these Terms of Service or the Purchase Terms in whole or in part to third parties at its discretion.
Entire Agreement and Severability
These Terms of Service constitute the entire agreement and understanding between you and the Company with respect to their subject matter and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. For clarity, these Terms of Service apply only to the extent legally permitted.
In some cases, both these Terms of Service and a separate document containing additional terms may apply to a service or product offered through this Website (“Additional Terms”). To the extent there is a conflict between these Terms of Service and any Additional Terms, the Additional Terms shall prevail unless expressly provided otherwise in the Additional Terms.
A printed version of these Terms of Service is admissible in judicial or administrative proceedings based on or relating to the use of this Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
How to Contact Us
If you have questions or comments about these Terms of Service or this Website, please contact us by email at service@foreded.com
Address: 112 Robinson Road, #03-01, Robinson 112, Singapore 068902
Company Name: JOYPOINT EASY SHOPPING PTE. LTD
Phone Number: +85255124648