TERMS AND CONDITIONS

GENERAL STATEMENT 

Welcome to the JEM wayoflife website (the “Site”). These terms and conditions (“Terms and Conditions”) apply to the Site, and all of its divisions, subsidiaries, and affiliates operated Internet sites which reference these Terms and Conditions.  

For the purposes of this website, “we”, “us” and “our” all refer to JEM wayoflife.  

The Site reserves the right, to change, modify, add, or remove portions of the Terms and Conditions of Use and Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.  

Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification.  

You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.  

Joining any of our courses confirms your acceptance of our Terms and Conditions.  

USE OF THE SITE 

You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.  

Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website. 

We grant you a non-transferable, revocable, and non-exclusive licence to use this Site, in accordance with the Terms and Conditions of Use, for such things as: registering for our online courses, signing up for our courses, gathering information about our products and services on the site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. 

These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non exhaustive and similar actions are also strictly prohibited. 

Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise. 

Certain services and related features that may be made available on the Site may require registration. Should you choose to register for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. 

ACCEPTABLE USE OF OUR SERVICES  

Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission. 

Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of JEM wayoflife, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging,  auto-messaging,  auto-dialling,  and  the  like;  or  (f) involve any non-personal use of our Services unless otherwise authorized by us. 

Harm to JEM wayoflife or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time. 

Keeping Your Account Secure. You are responsible for keeping your device and your JEM wayoflife account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services. 

THIRD-PARTY SERVICES 

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your JEM wayoflife contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services. 

LICENSES 

Our Rights. JEM wayoflife does not claim ownership of the information that you submit for your JEM wayoflife account or through our Services. You must have the necessary rights to such information that you submit for your JEM wayoflife account or through our Services and the right to grant the rights and licenses in our Terms.  

JEM wayoflife’s Rights. 

  • We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines. You may use the trademarks of our affiliated companies only with their permission, including as authorized in any published brand guidelines.   
  • We reserve the right to change the courses’ content at any time. Any course content you enrol for can be changed with or without prior notice to you. 

Your License to JEM wayoflife. In order to operate and provide our Services, you grant JEM wayoflife a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services. 

JEM wayoflife’s License to You. We grant you a limited, revocable, non- exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you. 

COPYRIGHT NOTICE 

If you have any complaints about our infringement of your copyright, kindly contact us. Where you believe that your intellectual property has been infringed upon on our website, please notify us by email. We will act and respond to all concerns regarding copyright infringements.  

We demand that you provide the following information alongside your complaint: 

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work for the purposes of the complaint.   
  • An accurate description of the copyrighted work claimed to have been infringed.   
  • A description of the location of the infringing material on our Website.  The address, telephone number or e-mail address of the complaining party.   
  • A statement made by the complaining party that he has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or by law.   
  • A statement deposed to under oath, that the information in the notice of copyright infringement is precise, and that the complaining party is authorized to act on behalf of the copyright owner. Please note that this procedure is exclusively for notifying JEM wayoflife that your copyrighted material has been infringed. 

DISCLAIMERS 

You use our services at your own risk and subject to the following disclaimers. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non- infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “JEM wayoflife parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties. You waive any rights you may have or law of any jurisdiction, which says that: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. 

EARNINGS DISCLAIMER AND STATEMENT OF INDIVIDUAL RESPONSIBILITY 

The JEM wayoflife has made every effort to accurately represent its programs, services and other offerings and their potential. Your level of success in attaining any results from using our products, services, or information depends on your background, natural skill, dedication, desire, time you devote to the program, motivation, ideas and techniques used, nature of your business, knowledge and various skills. You agree that the level of your success depends on your personal input and you agree not to hold JEM wayoflife responsible for any loss or damage that may result from using the content and the material available through the site. 

PAYMENTS 

You may, from time to time, make payments to us or third parties as part of your use of JEM wayoflife (including for the provision of JEM wayoflife or provision of certain additional features within JEM wayoflife). We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments and that pricing on each course or any material made available and availability subject to change at any time.  

We may from time to time make available payment methods to you for automatic, recurring or subscription-based charges. Where we do so, you agree that (subject to applicable laws and regulations): 

  • such purchases or payments are generally made by you on an advance basis. Once a user subscribe to our monthly or annual plan, the payment plan is automatically saved on our payment platform and the user gets charged automatically for subsequent subscription.   
  • you authorise us to: (a) save your chosen payment method’s information (e.g. credit card information) on our systems; and (b) bill your chosen payment method for the relevant time-periods as chosen by or notified to you;   
  • if any payment made via your chosen payment method is rejected, denied or returned unpaid for any reason: (a) we may not provide you with, or suspend our provision of, the relevant JEM wayoflife product or service until payment is properly processed; and (b) you are liable to us for any fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may automatically charge you for such amounts); and we will provide you with further instructions within JEM wayoflife regarding how you may update or cancel the relevant payment method. 

We may change any fees that we charge for JEM wayoflife (or any parts of JEM wayoflife) at any time upon publication within JEM wayoflife. If you do not accept such change to the fees, we may be unable to provide JEM wayoflife (or the relevant part of JEM wayoflife) to you.   

Subject to mandatory applicable laws and regulations or as otherwise specied by us in these terms or for a particular item or service within JEM wayoflife, in no circumstances will we be required to provide a refund for any payments made by you to us in relation to any items or service within JEM wayoflife (whether used or unused).  

If you believe that we have charged you in error, and subject to applicable laws and regulations: 

(a) you must contact us within 30 days of the date of the relevant charge; and (b) no refunds will be given for any erroneous charges after such 30 days period. We may process payments from you in JEM wayoflife via a third party service, and we may provide your relevant Information to such third parties to process your payments. You agree to comply with that relevant third party’s terms and conditions in relation to the payment processing service, as further set out in the “Third Party Content and Services”.  

REFUND CANCELLATION 

  • You are not allowed to change the service or products on our site as all the services and products on our website (programs, course, information etc.) are final unless otherwise stated by JEM wayoflife.   
  • We do not offer any refunds unless stated otherwise on a program course sales page. You agree that once payment is made for any course, no refund will be given.   
  • If a program course sale page states that a refund is offered, it would be offered only once per student.   
  • You are advised to check your system parameter and be sure they meet our system requirements (detailed at the end of this document) before you access our module online. JEM wayoflife will not take held responsible for failure to meet our system requirement nor will we give refund for any purchased product.   
  • We offer no refund for inability or failure of any participant to complete the course enrolled for or inability to submit assessment. There may be grace to extend the available completion time based on discussion and deliberation with JEM wayoflife. The right to extent completion time is at the sole discretion of JEM wayoflife.   
  • Your access date starts counting from the very first day you have access to our online course platform.  

YOUR CONTENT 

When you submit, upload, transmit or display any data, information, media or other content in connection with your use of JEM wayoflife (“Your Content”), you understand and agree that: 

  • you will continue to own and be responsible for Your Content;   
  • we will not sell Your Content to any third party;   
  • you are giving us and our affiliate companies a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use Your Content (with no fees or charges payable by us to you) for the purposes of providing, promoting, developing and trying to improve JEM wayoflife and our other services, including new services that we may provide in the future. All such use will, to the extent Your Content contains Personal Information, be in accordance with our JEM wayoflife Privacy Policy. As part of this licence, we and our affiliate companies may, subject to the our JEM wayoflife Privacy Policy, copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future;   
  • you grant other JEM wayoflife users a non-exclusive licence to access and use Your Content within JEM wayoflife, in accordance with these Terms and JEM wayoflife’s functionalities;   
  • we may share Your Content with third parties that we work with to help provide, promote, develop and improve JEM wayoflife in accordance with the JEM wayoflife Privacy Policy;   
  • we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and   
  • you will comply with these Terms, including our JEM wayoflife Acceptable Use Policy, in your submission of Your Content. 

In addition, you agree that we and our affiliate companies (subject to these Terms, our JEM wayoflife Privacy Policy and applicable laws and regulations):  

  • are allowed to retain and continue to use Your Content after you stop using JEM wayoflife; 
  • may be required to retain or disclose Your Content: (a) in order to comply with applicable laws or regulations; (b) in order to comply with a court order, subpoena or other legal process; (c) in order to respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (d) where we believe it is reasonably necessary to comply with applicable laws or regulations, in each case whether such applicable law or regulation, legal process or government body is of your jurisdiction or elsewhere;   
  • may be required to retain or disclose Your Content in order to enforce these Terms or to protect any rights, property or safety of ours, our affiliate companies or other users of JEM wayoflife. 

You understand that even if you seek to delete Your Content from JEM wayoflife, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via JEM wayoflife.  

We reserve the right to block or remove Your Content for any reason, if we discover in our sole discretion that it is in violation of any applicable laws and regulations or if it is a breach of this terms and condition.  

ADVERTISING CONTENT ON JEM wayoflife 

JEM wayoflife may include advertising or commercial content. You agree that: (a) we may integrate, display and otherwise communicate advertising or commercial content in JEM wayoflife and that (where reasonably practicable) we will identify such advertising or commercial content; and (b) as explained in more detail in our JEM wayoflife Privacy Policy, we may use targeted advertising to try to make advertising more relevant and valuable to you.  

OUR INTELLECTUAL PROPERTY RIGHTS  

All intellectual property rights in or to JEM wayoflife (including any future updates, upgrades and new versions to all such JEM wayoflife Software), will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights, including our trademarks or product names, logos, domain names or other distinctive brand features, without our prior written consent. Any comments or suggestions you may provide regarding JEM wayoflife are entirely voluntary and we will be free to use these comments and suggestions at our discretion (including using such comments to improve existing services or create new services) without any payment or other obligation to you.  

We grant you a limited, personal, on-exclusive, non-sublicensable, non-transferrable, royalty- free and revocable right to use JEM wayoflife and any software from us as part of or in relation to your use of JEM wayoflife (any such software being the “JEM wayoflife Software“), solely in accordance with these Terms and subject to any other instructions as provided by us to you in relation to your use of JEM wayoflife and/or the JEM wayoflife Software from time to time. Please note that these terms may be supplemented by terms and conditions applicable to JEM wayoflife Software (or specific features within JEM wayoflife Software).  

You may not copy, modify, create derivative works, reverse compile, reverse engineer or extract source codes from JEM wayoflife Software, and you may not sell, distribute, redistribute or sublicense JEM wayoflife or the JEM wayoflife Software, except in each case to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from JEM wayoflife Software, you will first contact us to request the information you need. 

We may from time to time provide updates to JEM wayoflife Software. Such updates may occur automatically or manually. Please note that JEM wayoflife Software may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will provide any updates for any JEM wayoflife Software, or that such updates will continue to support your device or system. All updates to the JEM wayoflife Software are part of the JEM wayoflife Software and subject to these Terms, except as otherwise specified by us.  

LIMITATION OF LIABILITY 

The JEM wayoflife parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if the JEM wayoflife parties have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the amount you have paid us in the past twelve months. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in our terms, in such cases, the liability of the JEM wayoflife parties will be limited to the fullest extent permitted by applicable law.  

INDEMNIFICATION 

You agree to defend, indemnify, and hold harmless the JEM wayoflife Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any Claim. 

INFRINGEMENT OF RIGHTS 

If you have an intellectual property rights-related complaint about any content posted in JEM wayoflife, please follow the instructions set out in our Copyright Policy  

AVAILABILITY OF OUR SERVICES 

Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.  

TERMINATION 

These Terms will apply to your use of JEM wayoflife until your access to JEM wayoflife is terminated by either you or us.  

You may terminate your use of JEM wayoflife, or any of the services accessible therein, at any time (including if we have told you about an upcoming change to all or part of JEM wayoflife or these Terms which you do not agree to). If the terminated service is a paid service, we offer no refund for any terminated services by you.   

We may suspend or terminate your access to your account or any or all of JEM wayoflife: 

  • if we undertake maintenance or support of JEM wayoflife;   
  • to make changes to JEM wayoflife as notified by us to you;   
  • if we reasonably believe that you have breached these Terms;   
  • if your use of JEM wayoflife creates risk for us or for other users of JEM wayoflife, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation;   
  • if you fail to use JEM wayoflife for a prolonged period;   
  • if such suspension or termination is required due to Applicable Laws; or   
  • to the extent permitted by applicable laws and regulations, for any other reason in our sole and absolute discretion, and where reasonably practicable, we will give you advance notice of any suspension or termination.  

If we suspend your access to any or all of JEM wayoflife then, to the extent permitted by applicable laws and regulations in your jurisdiction: (a) you remain responsible for all fees accrued through the date of suspension (including where the fees were incurred before suspension date but performance of the relevant obligations were after the suspension date); and (b) you remain responsible for any applicable fees for any part of JEM wayoflife to which you continue to have access.  

If your access to JEM wayoflife is terminated (in whole or in part) by you or us, you agree that: (a) all of your rights under these Terms will terminate; (b) you remain responsible for all fees accrued through the date of termination (including where the fees were incurred before termination date but performance of the relevant obligations were after the termination date); and (c) you will immediately permanently delete all copies of JEM wayoflife Software to which the termination relates and you will immediately cease accessing and using any such JEM wayoflife Software. 

CHANGES 

We may make changes to these Terms (and any applicable Additional Terms) over time (for example, to reflect technical improvements and changes to JEM wayoflife (for example, to address a security threat) or applicable laws and regulations (for example, to reflect applicable consumer rights)), so please come back and review these Terms regularly.  

Where we consider that such changes are reasonably substantial, we will (where reasonably practicable) notify you via www.jem.com.sg, direct communication to you, on this page or the relevant page for the relevant additional terms or policy, or other means), prior to such changes becoming effective. By continuing to use JEM wayoflife after we make any changes to these Terms, you are agreeing to be bound by the revised Terms.  

ENTIRE AGREEMENT 

These Terms of Use, together with the JEM wayoflife Terms and any other legal or fee notices provided to you by JEM wayoflife, shall constitute the entire agreement between you and JEM wayoflife concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between JEM wayoflife and you, including those made by or between any of our respective representatives, with respect to any of the JEM wayoflife Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of JEM wayoflife in entering into any of the JEM wayoflife Terms. 

ASSIGNMENT 

JEM wayoflife may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the JEM wayoflife Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of JEM wayoflife. Any attempted or actual assignment thereof without JEM wayoflife’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section shall not in itself grant either JEM wayoflife or you the right to cancel any JEM wayoflife Services or Third Party Services then in effect.   

SEVERABILITY 

If any provision of the JEM wayoflife Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the JEM wayoflife Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.  

UPDATING THESE TERMS 

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and JEM wayoflife reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.  

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.  

SYSTEM REQUIREMENTS 

To ensure our online content runs well, make sure your desktop/device has the following: 

  • Graphic and audio output capability   
  • Javascript enabled   
  • PDF plugin   
  • Broadband internet connection with a minimum speed of 5Mbps   
  • TLS 1.2 supported by your web browser   
  • One of the web browser versions listed below 

Desktop: Firefox; Safari; Chrome; Edge; Internet Explorer: version 11 only Mobile: iOS Safari: 10 and up; Chrome; Samsung Internet  

CONTACT US 

The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services. For further enquiries and details, please contact us at  admin@jem.com.sg.