2.1 The Site and Webinars may be accessed by you in any part of the world, provided that it is legal for you to do so in the territory that you are accessing the Site or Webinars. You undertake and warrant that you are legally entitled and able to access and use the Site and/or Webinars.
2.2 Notwithstanding the foregoing, neither the Site, nor any of the Webinars, are intended for persons resident in the European Union.
2.4 The Organisers reserve the right, in their sole discretion, to determine whether any particular individual is eligible to use and access the Site and/or Webinars.
3. Medical Advice Disclaimer
3.1 You acknowledge that the Organisers are not providers of medical advice.
3.2 The Site and Webinars are not designed to provide medical or specialist advice. Rather, the Site and Webinars are intended to provide information about parenting, pregnancy, baby development and other related topics for parents and pregnant women. The contents of the Site, such as text, graphics, images, advice, recommendations, any information provided by any third party on our Site or any other information which you may obtain in connection with your use and access of the Site and/or Webinars (collectively referred to as “Content”) are general in nature and for informational purposes only. They are not intended to be a substitute for professional medical advice, diagnosis or treatment.
3.3 The provision of the Content does not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a doctor, qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it.
3.4 Your decision to rely on any information you obtain in connection with your use of the Site and/or Webinars is at your sole discretion and risk. You are required to exercise sound judgment.
3.5 Developments in medical research may impact or invalidate the health, fitness, medicinal, and nutritional topics and information discussed on the Site and/or Webinars, and no assurance can be given that the Content contained in the Site and/or Webinars will always include the most recent findings or developments.
3.6 The Content contained in the Site and/or Webinars may very well be inaccurate, outdated or found to have no basis in fact or research. The Content contained in the Site and/or Webinars may also contain opinions from parties without actual medical knowledge. We are unable to verify each and every opinion.
3.7 A major limitation of informational resources like the Site and Webinars is the inability to take into account the unique context, circumstances and particular knowledge your physician has about you, your baby and your baby’s health.
3.8 The Site and Webinars do not promise that it can provide you accurate information on your pregnancy and foetus or your baby. The information provided, or any predictions that we make, may very well be wrong. It is outside of our ability to give you the same standard of care, or accuracy of information or predictions which a qualified medical professional may be able to give you.
3.9 While we hope that you find the Site and Webinars useful, always seek the advice of your physician or other qualified health care provider if you have any concerns or questions about your health or the Content, and before you take any action which may affect your health or safety or the health or safety of your family or foetus. Do not disregard professional medical advice or delay in seeking it merely because you read something on the Site and/or Webinars.
3.10 Although we may provide general information on food, nutrition and medicine, we stress that you should always seek the advice of your physician or other qualified health care provider before acting, or omitting to act, on the information on that we provide. Again, the accuracy of the general information that we provide may very well be wrong.
3.11 If you think that you may have a medical emergency, call your local medical emergency hotline for an ambulance, or go to the nearest emergency department immediately. Do not hesitate to seek medical attention.
5. CONTENT AND INTELLECTUAL PROPERTY
5.1 Content. All of the:
(a) content (including without limitation all text, photographs, graphics, video and audio content) located on the Site and/or Webinars);
(b) compilation(s) (meaning the collection, arrangement and assembly) of all content on the Site and/or Webinars; and
(c) software used on the Site and/or Webinars;
is the property of the Organisers, their related companies, their content suppliers and/or software suppliers, and protected by Singapore and international intellectual property laws (including without limitation copyright and trademark laws).
5.2 All rights in and to the foregoing are reserved by the Organisers, their respective related companies, their content suppliers and/or software suppliers, and save as expressly permitted herein, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, repost or in any way exploit any part of this Site and/or Webinars for any purpose.
5.3 Without limiting the foregoing provisions, you shall not make use of the content of the Site and/or Webinars in any manner that constitutes an infringement of the rights of the Organisers, and/or the rights of their respective related companies, content suppliers and/or software suppliers (including copyright).
5.4 The names, trademarks, service marks and logos (the “Trade Marks”) displayed on the Site and/or Webinars are registered or unregistered Trade Marks of the Organisers, their respective related companies, content suppliers and/or software suppliers. Nothing on the Site and/or Webinars should be construed as granting by implication, estoppel or otherwise, any license or right to use any such Trade Marks. The Organisers prohibit use of the Trade Marks as a “hot” link or in-link to the Site and/or Webinars unless establishment of such a link is approved in advance by the Organisers in writing.
5.5 The Organisers may provide facilities on the Site and/or Webinars to permit you to submit materials, information, articles, photographs, text, graphics, video and/or audio content (“Your Information”) to the Site directly. You are solely responsible for Your Information, and the Organisers act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:
(a) Your Information (or any materials contained therein) shall not:
i. be false, fraudulent, inaccurate or misleading;
ii. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
iii. violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
iv. be defamatory, libellous, offensive, unlawfully threatening or unlawfully harassing;
v. be obscene or contain child pornography or anything adult in nature or harmful to minors;
vi. contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
vii. create liability for the Organisers or cause the Organisers to lose (in whole or in part) the services of its ISPs or other suppliers.
(b) You may not submit any of Your Information if Your Information or the submission thereof could cause the Organisers to violate any applicable law, statute, ordinance or regulation.
(c) You hereby grant the Organisers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to use and to exercise the copyright and publicity rights you have in Your Information, in any media now known or not currently known, with respect to Your Information.
(d) You shall not assume a false identity or the identity of some other member when using the Site or transmit libellous, harassing, vulgar or otherwise objectionable messages through the Site; or post materials subject to copyright or other intellectual property rights claimed by any third party; or use the Site for any unlawful or illegal activities (including spamming the other users by sending unsolicited e-mails).
5.6 Your Information may contain information that can, directly or indirectly, be used to improve the whole or part of the Site and/or Webinars (“Feedback”). Feedback may include suggestions, comments, ideas, or survey responses. The Organisers shall be free to use, disclose, reproduce, or otherwise exploit all Feedback as it sees fit and without obligation or restriction of any kind to you. For the avoidance of doubt, you will not, through your provision of Feedback, acquire any rights or licenses in the Site and/or Webinars.
5.7 The Organisers shall have the right, but not the obligation, to monitor the content on the Site and/or Webinars, and shall have the right to remove or delete any material (including Your Information) that it, in its sole discretion, finds to be in violation of any applicable laws, codes, rules or regulations. The Organisers shall have the right to remove any material (including Your information) submitted to or posted on the Site and/or Webinars. Without limitation to the foregoing, the Organisers shall have the right to remove any material (including Your Information) that they, in their sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable or inappropriate without having to assign any reason therefor.
5.8 You agree and acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities, including but not limited to third party sites, applications and/or facilities which may be linked to the Site and/or Webinars (collectively “Communities”) are public and not private communications, and that, therefore, others may read your communications without your knowledge. The Organisers do not control or endorse the content, messages or information found in any Community, and, therefore, it specifically disclaims any liability concerning the Communities and any actions resulting from your participation in any Community, including any objectionable content. Generally, any communication which you or any other person posts to the Site and/or Webinars (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by the Organisers as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site and/or Webinars, you grant the Organisers the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.
5.9 The Site and/or Webinars may provide you with opportunities to link to, or otherwise use, sites and services offered through or by third-parties. Your use of these third-party services is subject to terms posted by the aforementioned third-parties. The Organisers have no control over any third-party site or service and it is not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to you. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement of such third party site or service.
6. USAGE RESTRICTIONS
(a) display, print, save, cache, copy, reproduce, change, alter, modify, or create any derivative work of, any or any part of the Site and/or Webinars;
(b) communicate, distribute or make available for download in any way (including, without limitation, from or through any computer or server or network) any or any part of the Site and/or Webinars;
(c) offer, sub-sell, lend, rent, lease, sub-license, or otherwise grant to any third party any right in respect of, or exploit in any way for personal or other gain, any or any part of the Site and/or Webinars;
(d) hack, bypass or gain unauthorised access into any part of the Site and/or Webinars;
(e) deeplink from any other website to, or frame on any other website, any or any part of the Site and/or Webinars;
(f) use any device, software or routine to interfere or attempt to interfere with the proper working of; or interfere with any other user’s access or use of any part of the Site and/or Webinars, or impose any unreasonable or disproportionately large load on the Organisers’ and/or their service provider’s infrastructure;
(g) use any robot, spider, other automatic device, or manual process to monitor or copy any or any part of the Site and/or Webinars;
(h) use any or any part of the Site and/or Webinars for sending out unsolicited e-mails;
(i) assume a false identity or the identity of some other registered user to access or use any or any part of the Site and/or Webinars; or
(j) use any or any part of the Site and/or Webinars in any way that
i. will or could violate, or that will or could result in any of the Organisers violating, any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising), or code of practice, direction, order, or guideline issued by any regulatory authority;
ii. cause any form of loss or damage to any of the Organisers or any third party (including, without limitation, loss of reputation and goodwill);
iii. create any liability for any of the Organisers; or
iv. cause any of the Organisers to lose (in whole or in part) the services of any Internet or telecommunication service provider or any other supplier of products and/or services.
7.1 The Site and/or Webinars are provided on an “AS IS WHERE IS” basis. The Organisers do not make any representation or warranty, express or implied (to the extent permitted by law):
(a) as to the use, security, accuracy, reliability, non-infringement, satisfactory quality or fitness for any particular purpose of the Site and/or Webinars; and
(b) that the use of the Site and/or Webinars will be uninterrupted and free of any viruses or bugs.
7.2 Where you subscribe for any services on the Site and/or Webinars, that relates to any advertisement or other similar services, whether as a potential seller or a potential buyer, you hereby expressly acknowledge and agree that the Site and/or Webinars acts as a venue only, and the Organisers ae not involved or responsible for the correctness, accurateness or truthfulness of any information that is posted by other users of the Site and/or Webinars; or the posting, provision, delivery of such information to you.
7.3 The Organisers shall not be responsible for any connection or access to the Site and/or Webinars by you. You are responsible for providing your own communications equipment and subscribing to a communications service provider to access the Site and/or Webinars, as well as any charges (such as Internet access charges) thereon.
7.4 Certain data transmissions between your computer and the Site and/or Webinars, are conducted through secure servers and protected by Secure Socket Layer (SSL) technology. Certain services further require you to register, use passwords and/or digital signatures. While the Organisers will use reasonable endeavours to provide reasonable precautions to protect any information or material that is confidential in nature, it does not guarantee that information transmitted through the internet is secure or that such transmissions will be free from delay, interruption, interception or error. Furthermore, although the Organisers intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to the Site and/or Webinars, the Organisers do not guarantee or warrant that Site and/or Webinars, or materials that may be downloaded from the Site and/or Webinars do not contain such destructive features. The Organisers shall not be liable for any damages or harm attributable to such features.
7.5 You specifically acknowledge that the Organisers are not liable for the defamatory, offensive, or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
7.6 IN NO EVENT SHALL THE ORGANISERS, THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, ASSOCIATES AND RELATED COMPANIES, INCLUDING THE EMPLOYEES OF ALL OF THE FOREGOING, BE LIABLE TO YOU AND/OR TO ANY PARTY FOR ANY DAMAGES, EXPENSES, CLAIMS, COSTS OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, (OTHER THAN FOR DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM YOUR USE OF THE SITE AND/OR WEBINARS, CAUSED IN WHOLE BY THE ORGANISERS’ NEGLIGENCE) ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE), YOUR USE OF OR INABILITY TO ACCESS OR USE THE SITE AND/OR WEBINARS, PAID CONTENT, AND/OR THE CONTENT OF THE HYPERLINKS, INCLUDING BUT WITHOUT LIMITATIONS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES. ANY CLAIM AGAINST THE ORGANISERS, THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, ASSOCIATES AND RELATED COMPANIES, INCLUDING THE EMPLOYEES FO ALL OF THE FOREGOING, SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SITE AND/OR WEBINARS.
8. PERSONAL DATA
8.1 All personal data about you is subject to our respective privacy policies at:
8.2 The abovementioned privacy policies are deemed incorporated into these Terms of Service by reference to this Clause.
8.3 If you have any questions relating to Mediacorp’s collection, use and disclosure of your personal data, please contact Mediacorp’s Data Protection Officer at [email protected]. If you have any questions relating to Tickled Media’s collection, use and disclosure of your personal data, please contact Tickled Media’s Data Protection Officer at [email protected]
9. SUSPENSION AND TERMINATION
9.1 The Organisers may suspend and/or terminate your use of and/or access to all or part of the Site and/or Webinars with or without notice to you, if in its sole discretion it determines that:
(b) you have violated the rights of or any third party;
(c) it reasonably suspects that you are using and/or allowing the Site and/or Webinars to be used for illegal, improper and/or fraudulent purposes. In such event, you will also be referred to the relevant authorities without notice, and the Organisers will comply with the directions or guidelines issued by these authorities without further reference to you;
(d) you become or threaten to become a bankrupt under the laws of any jurisdiction applicable to you;
(e) you pass away; or
(f) for any other reason whatsoever.
9.2 The Organisers may modify or discontinue the Site and/or Webinars, with or without notice to you, and it will not be liable to you or any third party as a result of such modification or discontinuation.
10.1 You agree to defend and hold the Organisers, their respective affiliates and related companies from and against all claims, losses, damages, costs and expenses, including legal fees on an indemnity basis, arising out of your use of the Site and/or Webinars or any breach of this Agreement. In addition, the Organisers may use whatever information that is available about you to stop any such breach or any unlawful or inappropriate use of the Site and/or Webinars, including informing any third party the Organisers deem appropriate of such breach or use and/or disclosing your personal information to such third party.
11.2 Electronic transactions. You hereby acknowledge and agree:
(a) that all electronic communications made pursuant to the use of the Site, shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document;
(b) not to contest the legally binding nature, validity or enforceability of any transaction on the Site on the ground that it was entered into electronically;
(c) to expressly waive any and all rights it may have to assert any such claims and shall comply with all relevant laws concerning electronic communications; and
(d) any and all transactions, including but not limited to the passing of risk and/or title to any and all products and/or goods purchased and/or transacted on the Site, shall be deemed and construed to be transacted, transferred and/or passed to you in the Republic of Singapore.