1. WHO WE ARE
We are JEM, a project by Aspen3 Pte Ltd., (Company Registration No.200614022K), operating as www.jem.com.sg (“JEM”).
In these Terms and Conditions:
To book service with JEM, you must be over sixteen (16) years of age. If you are under sixteen (16), you may book a service only with involvement of a parent or guardian.
You must not misuse this Website. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Site which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site. Any breach of this provision would constitute a criminal offence under the Computer Misuse and Cybersecurity Act 2013. In the event such breach occurs, JEM will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
4. ENTIRE AGREEMENT
4.1 These Terms and Conditions shall apply to all booking of services or contracts to be made by us for sale of the services. These Terms and Condition constitute the entire agreement between you and JEM and supersede any and all preceding and contemporaneous agreements between us. Any waiver of any provision of the Terms and Conditions will be effective if in writing and signed by an authorised signatory of JEM.
4.2 You acknowledge that, in entering into this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.
5. TERMS OF SALE
5.1 Formation of a Contract
(a) The information set out in the Terms and Conditions and the details contained on this Site do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any services shall exist between you and us until we have performed the service(s) to you.
(b) To submit a Booking, you will be required to follow the online shopping process on the Site. After this you will receive a Booking Confirmation which will act as an acknowledgement of your Booking.
(c) A Booking is only considered accepted by us upon the service(s) being performed to you.
(d) A Contract will relate only to those Services which we deliver to you. If your Booking consists of more than one service, the services will be performed at different occasions.
5.2 Price and Payment
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Site are accurate, there may be instances where errors may occur. If we discover an error in the price of any services which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Booking at the correct price or cancelling it. If we are unable to contact you we will treat the Booking as cancelled.
(a) Prices are exclusive of GST and are in Singapore Dollars. GST costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
(b) We are under no obligation to fulfil your Booking if the price listed on the website is incorrect (even after your Booking has been acknowledged by us).
(c) You can pay using any of our payment methods offered by our payment gateway provider: WooCommerce.
(d) Your card/bank account will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorisation by the card issuer. If we do not receive the required authorisation, we will not be liable for denying your Booking.
(e) Upon authorisation of the payment, by clicking the “Book now” button you are confirming that the card belongs to you, and have sufficient funds or credit facilities to cover the cost of the service(s).
5.4 Mistaken Orders
If you discover that you have made a mistake with your Booking after you have submitted it to the Site, please contact here immediately. We will try our best to process your request.
6.5 Refusal of Order
We reserve the right to withdraw any Services from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all Bookings but there may be exceptional circumstances wherein, we may need to refuse to process a Booking after we have sent you a Booking Confirmation, which we reserve the right to do at any time, at our sole discretion.
If we cancel your Booking and you have already made payment for your Booking, the payment amounts will be fully refunded to you.
We will not be liable to you or any other third party by reason of our withdrawing any Services from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept a Booking.
6. EXECUTION OF THE SERVICE
6.1 We will conduct the services as described on the Site and as chosen during the Booking.
6.2 We shall notify you if we expect to be unable to conduct the services according to descriptions of the services.
7. CANCELLATION BY CUSTOMER
If you wish to cancel your Booking please contact our Customer Service Team at +65 6385 8232 or drop us an email here. No cancellation fees shall be applicable.
8. DISCLAIMER OF LIABILITY
8.1 The content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, JEM hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute services, arising out of or related to the use, inability to use, performance or failures of this Site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
8.2 Nothing in these Terms and Conditions shall exclude or limit JEM’s Liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other Liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend, hold harmless JEM, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Site or your breach of the Terms and Conditions.
10. GUARANTEE AND COMPLAINTS MANAGEMENT
10.1 JEM shall perform its obligations under these Terms and Conditions with reasonable skills and care.
10.2 We place great value on our Customer satisfaction. You may contact us at any time using the contact details given in clause 7 of these Terms and Conditions. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint.
10.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. Should you not have received any response from us within five (5) Business Days, please make further enquiries.
11. PERSONAL DATA PROTECTION
12. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
12.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:
(a) Strikes, lock-outs or other industrial action
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks
(f) The acts, decrees, legislation, regulations or restrictions of any government or relevant transport strike, failure or accidents.
12.2 In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any Liability other than a refund of service(s) already paid for by you and not conducted.
12.3 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
(a) Notices given by post shall be deemed to have been served with two Business Days of being posted to the recipients address within Singapore.
(b) Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.
14. GOVERNING LAW
These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Singapore Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Singaporean Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
When you submit a Booking to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Booking. You are responsible for reviewing the latest Terms and Conditions each time you submit your Booking
Last updated on: October 22, 2018