Terms and Conditions
Tickled Media’s General Terms of Service
Effective date: 21st January 2021
Welcome to theAsianparent!
1. Introduction
1.1 Tickled Media Pte. Ltd. (“Tickled Media“, “we“, “us” or “our“) provides theAsianparent app (the “App“) and the websites owned and/or operated by us which are linked to www.theasianparent.com (individually, “Website” or collectively, “Websites“) to you subject to these terms of service (“Terms“). Tickled Media is an entity registered in Singapore under the company number 200917867M, and our registered address is 71 Ayer Rajah Crescent, #01-04/05, Singapore 139951.
1.2 Please read these Terms carefully as they contain important information about your legal rights, remedies and obligations. They also describe a contractual agreement between you, the user of theAsianparent App or Website (“you”, “your”), and Tickled Media, regarding your use of theAsianparent App offered by us through smartphones, theAsianparent Websites, or any other element of our service (together with theAsianparent App or Websites) (collectively referred to as the “Services”). By creating a user account with us or otherwise accessing and using the App and Websites, you confirm that you have read and understood these Terms and agree to be bound by them and all terms and conditions incorporated by reference.
1.3 We reserve the right to change these Terms from time to time at our discretion, and such changes will become applicable to you if you continue to access and use theAsianparent Services at any time after such changes are posted. Any changes will become effective if you access and use the Services at any time after such changes are published on this page. If you do not agree to the amended Terms, please cease using the Services. You are required to visit this page periodically to be sure you are aware of the most recent terms of this agreement. We may at our discretion notify you of changes, but even if we do not notify you, the changes will be effective regardless.
1.4 If you do not agree to these Terms, do not use any of the theAsianparent Services, and if you do not wish to agree to any changes to these Terms, please cease using theAsianparent Services and terminate your account.
2. Medical Advice Disclaimer
2.1 YOU SHOULD BE AWARE THAT TICKLED MEDIA IS NOT A PROVIDER OF MEDICAL ADVICE.
2.2 THEASIANPARENT SERVICES ARE NOT DESIGNED TO PROVIDE MEDICAL OR SPECIALIST ADVICE. RATHER, THE SERVICES ARE DESIGNED TO CREATE A PORTAL, COMMUNITY AND PLATFORM FOR SUPPORT AND EXCHANGE OF INFORMATION ABOUT PARENTING, PREGNANCY AND BABY DEVELOPMENT FOR PARENTS AND PREGNANT WOMEN. THE CONTENTS OF THE SERVICES, SUCH AS TEXT, GRAPHICS, IMAGES, ADVICE, RECOMMENDATIONS, ANY INFORMATION PROVIDED BY ANY THIRD PARTY ON OUR SERVICES OR ANY OTHER INFORMATION WHICH YOU MAY OBTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES (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.
2.3 EVEN THOUGH WE BELIEVE IN AND PROMOTE THE CAUSE OF REDUCING THE NUMBER OF STILLBORN CHILDREN, WE DO NOT HAVE ANY SPECIAL EXPERTISE IN THIS AREA, WHETHER MEDICAL OR OTHERWISE. WE DO NOT CLAIM OR GUARANTEE ANY RESULTS IN THE CAPABILITY OF OUR SERVICES TO REDUCE THE RISK OF A STILLBORN DELIVERY FOR YOU.
2.4 The provision of the Contents do 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.
2.5 Your decision to rely on any information you obtain in connection with your use of the Services is at your sole discretion and risk. You are required to exercise sound judgment.
2.6 Developments in medical research may impact or invalidate the health, fitness, medicinal, and nutritional topics and information discussed on the Services, and no assurance can be given that the Content contained in the Services will always include the most recent findings or developments.
2.7 The Content contained in the Services may very well be inaccurate, outdated or found to have no basis in fact or research. The Content contained in the Services may also contain opinions from parties without actual medical knowledge. We are unable to verify each and every opinion.
2.8 A major limitation of informational resources like “theAsianparent” 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.
2.9 The Services 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.
2.10 While we hope that you find the Services 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 on the Services, 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 Services.
2.11 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.
2.12 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.
3. Eligibility to use our Services
3.1 You must be eligible to use our services. The Services are intended solely for users who are eighteen (18) years of age or older, and any registration, use, or access to the Services by anyone under eighteen (18) is strictly prohibited and in violation of this Agreement. To be eligible to use the Services:
(a) You must be at least 18 years old;
(b) You must be of legal age to form a binding contract and must agree to be bound by these Terms (or if you are younger and not of legal age to form a binding contract, your parent/guardian) must agree to be bound by these Terms); and
(c) You must be a resident of Singapore or another eligible country.
3.2 If you do not meet any and all of these criteria, please delete theAsianparent App from your systems and do NOT use the Services.
3.3 Any consideration of pregnancy, woman’s health or sexual relationships is very significant. While theAsianparent Services are offered to help you down this journey, they are not a substitute for mature evaluation of what is right for you. We strongly recommend that you not take any actions lightly. We recommend that you consult with medical professionals who will help you think about the many aspects of such considerations before you take any action which may, to say the least, be life altering.
3.4 We reserve the right to refuse registration of, or cancel your user account in our discretion for any reason, or for no reason, and without providing any reason to you. Without limiting the generality of the foregoing, you specifically acknowledge that we have the right to terminate or limit your account in the event that we determine, in our sole discretion that you have violated (or are likely to violate) the policies of the Services, including any activities that adversely affect the experience of other users.
4. Limited License to use the App and Services
4.1 Subject to your acceptance of these Terms, Tickled Media grants to you a non-exclusive, non-transferable, revocable limited license to use any or all of theAsianparent App, the Services and related software and to display the results of such Services for your personal non-commercial use.
4.2 You agree not to use the Services for any other purpose, or to copy or distribute the Content of the Services except as specifically allowed in these Terms.
4.3 You agree not to reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
(a) Any Service; and
(b) Any Contents of the Services except, to the extent permitted, with our prior written consent or unless expressly permitted in these Terms.
4.4 You agree not to reproduce, display or otherwise provide access to the Services, the contents of the Services, on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means, without our prior written permission.
4.5 For the avoidance of doubt, the Content of the Services includes:
(a) Materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas; and
(b) Contents posted by other users of the Services.
4.6 You also agree that you have no right to access, view or alter any source code or object code of Tickled Media or its licensors.
5. Intellectual Property
5.1 The Services may contain intellectual property belonging to us, which may include content, design, graphics, compilation, magnetic translation, digital conversion and other matters making up the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights), whether owned by Tickled Media or one of its affiliates.
5.2 Use of the Services does not give you ownership of any intellectual property rights in any of the Content, documents or other materials you access. In particular:
(a) Our posting of information or materials on the Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute or publish any part of the Services unless we expressly permit you to in these Terms; and
(b)The trademarks, logos and service marks (“Marks“) displayed on this Site are the property of Tickled Media or other third parties, and all rights to the Marks are expressly reserved by Tickled Media or relevant third parties. You are not permitted to use any Marks without the prior written consent of Tickled Media or such third party.
6. Comments, Feedback, Suggestions, Ideas, Forum Posts, and other Submissions
6.1 The Services may allow you to share status updates, provide your written thoughts, chat or participate in news feeds, status updates, blogs, message boards, online/mobile forums, submit written articles, photos, pictures, audio, feedback or other documents that may attract intellectual property rights (“Submissions”).
6.2 You warrant and represent that you have the right and authority to your Submissions and that your Submissions do not infringe the intellectual property rights or any other rights of any third party.
6.3 You hereby grant to Tickled Media a non-exclusive, world-wide, royalty-free, irrevocable licence and right to host, transmit, distribute, sub-license or use (which will include without limitation, the right to copy, reproduce and/or publish) the Submissions in any manner that Tickled Media deems fit. If required by Tickled Media, you shall take all steps necessary to ensure that the said rights are vested in Tickled Media.
6.4 You agree that except as prohibited by law and subject to our Privacy Policy, Tickled Media may use, sell, exploit and disclose such materials in any manner, without restriction and without compensation to you. For example, we may use such materials in a number of different ways, including displaying it on the internet, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.
6.5 More specifically, you should be aware that we will make all content on our Services (including your Submissions) searchable on the internet and/or available both to other users and to the public at large. You should be very careful, therefore, what, if any, personal details you disclose through the Service which will be seen by the public at large.
7. Premium Services
7.1 Tickled Media may also offer you additional services (“Premium Services”), which may include additional information and analysis. You acknowledge that Tickled Media may charge a fee for the use of any Premium Services, provided that Tickled Media notifies you of any such fee before you incur it the first time. Subject to the foregoing, you agree to pay any fees incurred by you. If your agreement to purchase Premium Services includes an “auto renewal” feature, you agree that you may only terminate such auto renewal in accordance with the processes described below under “Terms of Payment” or as may be specifically set forth on the relevant App or related webpage. In the event that you purchase a subscription for Premium Services which extends beyond the end of the current calendar month and Tickled Media ceases to provide Premium Services prior to the end of the term of your subscription, you may request a refund through the Apple App store or through Google Play. You acknowledge and agree, however, that you will not have any right to a refund in the event that Premium Services are temporarily unavailable for technical or other reasons, or that Tickled Media changes the Premium Services that you purchased, terminates any feature or functionality of such services, begins to offer such services to other users without charge or makes any other changes. YOU UNDERSTAND THAT YOU MAY NOT RECEIVE A REFUND OF ANY AMOUNTS EXCEPT IN EXCEPTIONAL CIRCUMSTANCES, AND THEN ONLY THROUGH THE APPLE OR GOOGLE SYSTEM YOU USED TO PURCHASE THE SUBSCRIPTION. Furthermore, in the event that your account is terminated or suspended for any reason (e.g., in connection with a material breach of these Terms or based on the discretion of Tickled Media), any unearned subscription payments will be forfeited unless the Company decides to pay a refund in its sole and absolute discretion.
7.2 Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use any Premium Services that you have purchased, you have no right or title in or to any such Premium Services or information appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service. Your right to use Premium Services is not transferrable by you and, as with all materials available through the Services may not be resold, repackaged, sublicensed or otherwise made available to third parties.
7.3 Tickled Media reserves the right to discontinue the Services (including Premium Services) or to change the content of the Services (including Premium Services) in any way and at any time, with or without notice to you, without liability, except to the extent it terminates the offering of Premium Services in its entirety.
8. Terms of Payments
8.1 The terms of any agreement to pay for any Premium Services will be explained on the payment page on our website or mobile app, where you will confirm the particulars of your agreement. Some purchases will automatically renew. Any additional terms of any purchase including an automatic renewal are explained below or will be explained on the purchase page, which are incorporated herein.
8.2 You will pay for Premium Services through the Apple or Google system through which you obtained the relevant App upon confirmation of purchase. You agree to pay all charges you subscribe for on theAsianparent App using this system.
8.3 Automatic Renewal/Free Trial Periods. Unless specifically noted at the time you purchase a subscription for Premium Services, that subscription will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (“Auto Renew”), and your account will be billed the price you agreed to when subscribing during the 24-hour period prior to the expiration of your then current period, unless you turn off the auto-renewal at least 24-hours prior to the end of the current period. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to your AppleID/Google settings. You must go to the appropriate settings to change your subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. We have no obligation to remind you of the expiration of any free trial period (following which you would become a paid subscriber). It is your responsibility to track when subscriptions commence and renew.
8.4 By subscribing, you authorize the Apple or Google system to charge your account at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed on your subscription payments. Upon the renewal of your subscription, if you do not make the required payment, you agree that Tickled Media may either terminate or suspend your subscription and ask Apple or Google, as appropriate, to continue to attempt to charge your account until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
8.5 Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. In the event that you purchase Premium Services prior to the end of any free trial or promotional period, you will forfeit the remainder of the free trial or promotional period.
9. Your Privacy and the Use of Your Data
9.1 We recognize the importance of protecting the privacy of our users, particularly given the nature of that information.
9.2 You should be aware that Tickled Media may collect and collate a variety of information regarding your use of the Services, and may cause the Service to communicate to Ticked Media information about its operations even if you are not connected to the internet or a mobile service. Tickled Media is the sole owner of all such information it collects.
9.3 We collect, use and share your personal information as described in our Privacy Policy. Please review our Privacy Policy for details. By agreeing to these Terms you are also agreeing to our Privacy Policy as if it were repeated here in its entirety. If you do not want us to use your personal information as described in our Privacy Policy, subject to your rights and choices described therein, please do NOT use the Services.
9.4 Tickled Media employs a number of technical, organizational and physical safeguards designed to protect the personal information we collect. Although we make a good faith effort to store personal information in a secure environment, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your information.
10. The Privacy of Others
10.1 You might learn private information about other users through theAsianparent App or our other Services. In addition, you might meet other users and choose to share information directly.
10.2 You agree not to disclose information of other users that you may obtain through your use of the Services or otherwise to third parties or use such information for any purpose (including and especially marketing purposes) without the other user’s consent. You agree to use another user’s information only in connection with the Services. Notwithstanding the foregoing, as described above, we may make some or all of the content on our Services available to users and non-users on the internet or through our mobile App.
11. Usage Rules
11.1 You agree that your use of and conduct on theAsianparent Services (including any Submissions, message board, chat or other communication feature), shall be in compliance with all applicable laws and regulations and will not:
(a) Include in your Submissions any:
i. potentially offensive comments that are connected to religion, race, national origin, gender, sexual preference or physical handicap;
ii. content that constitutes election advertising or political campaigning;
iii. falsehoods that are deliberately made; and/or
iv. publication of any personal information of another with the intention to cause harassment, alarm, distress or the fear of violence (of the facilitation of violence), including the practice of “doxing”;
(b) Include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
(c) Promote violence, illegal drug use, or substance abuse or describe how to perform a violent act, use illegal drugs or abuse other substances;
(d) Violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
(e)Be in violation of these Terms, any applicable local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services;
(f) Reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
(g) Attempt to impersonate any other party;
(h) Use the Account of another Member at any time, whether with or without his/her permission;
(i) Create user accounts by automated means or under false pretense or mislead others as to the origins of your communications;
(j) Trick, defraud or mislead Tickled Media or other users, especially in any attempt to learn sensitive account information such as passwords;
(k)Make improper use of Tickled Media’s support services or submit false reports of abuse or misconduct;
(l) Engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme, without the prior written consent of Tickled Media;
(m) Create or transmit unwanted electronic communications such as “spam,” to other users or members of Services or otherwise interfere with other users’ or members’ enjoyment of the Services;
(n) Defame, mock, harass, disparage, tarnish, or otherwise harm the reputation of, in Tickled Media’s opinion, Tickled Media and/or the Service or any other user;
(o) Disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms (“PCMs“), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs“), 1×1 pixels, web bugs, cookies or other similar devices;
(p) Copy or adapt the Services’ software including but not limited to HTML, JavaScript or other code;
(q) Reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services;
(r) Use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot“), cheat utility, scraper or offline reader that accesses the Services, or use or launch any unauthorized script or other software;
(s) Hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;
(t) Cover or obscure any notice, banner, advertisement or other branding on the Services;
(u) Interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Services;
(v) Claim expert or medical expertise or purport to provide medical advice to other Users on the Services; and/or
(w)Engage in any scheme to increase any rewards that you may receive from us that is un-intended by us (such as the creation and use of multiple accounts etc.).
11.2 Further, you agree to abide by the Community Rules available at: https://community.theasianparent.com/community-guideline/web-view
12. Rewards Program
12.1 We may issue digital reward points (“Points”) to you to reward you for your continued engagement on our Services.
12.2 The Points have no cash or monetary value and the Points shall not be exchanged for currency in any form. Under no circumstances shall the Points be purchased, resold or transferred by, or to, users, for monetary value or otherwise.
12.3 The Points may be used only for the purpose of exchanging for specified goods and/or services provided by us or third party merchants specified by us.
12.4 The quantity and availability of Points issued to you when you participate in engagement activities on the Tickled Media Platform shall be determined by, and varied by, Tickled Media at its sole discretion.
12.5 You can check your Points balance and redemptions history in your Tickled Media user account. Your Points balance and redemption history as set out in your Tickled Media user account shall serve as a conclusive evidence of the same, unless:
(a) There is reasonable basis to believe that a software error or similar irregularity may have occurred; and/or
(b) We inform you that there is a software error or similar irregularity.
12.6 We determine the quantity of Points required for an exchange for Points Rewards. This quantity of Points may change from time to time as announced or notified by Tickled Media, and without any prior notice, to you.
12.7 Any Points issued to any User shall be exchanged for rewards only during the time period specified by Tickled Media, subject to the availability of the applicable rewards. The time period during which a User may exchange Points for rewards may be specified or amended by Tickled Media at any time.
12.8 We reserve the right to cancel or void any Points issued to a user, or refuse the redemption of rewards to a user for any reason in our absolute discretion. The Points do not represent any legal obligation from us to you. We have no obligation to provide you the benefit of any Points.
12.9 All Points shall expire at the termination of our agreement or your account for any reason.
12.10 We are under no obligation to provide you rewards or any opportunity for you to redeem the Points.
12.11 When any Points are redeemed, additional terms and conditions may apply to the redemption.
12.12 When any Points are redeemed with a third party merchant:
(a) We shall not be liable for any losses arising from the third party merchant’s provision (or non-provision) of the goods and/or services; and
(b) Additional terms and conditions specified by the third party merchant may apply.
13. Contests, Sweepstakes, and Promotions
13.1 From time to time you may be able to participate in contests, giveaways, sweepstakes or other similar promotions we sponsor. Participation may require sharing your personal information with us or third parties sponsoring the contest, giveaway, sweepstakes or promotion, and you should check the rules to determine how your information will be used and shared with others.
13.2 Tickled Media may announce rules in connection with any such opportunity, but regardless of whether specific rules are announced, all such opportunities will be controlled by Tickled Media’s “Contest & Giveaway: Terms and Conditions” set forth at https://sg.theasianparent.com/contests-terms-and-conditions (“Contest Policies“). Any rules announced at the time of a contest will be in addition to the Contest Policies. In addition, as a condition to receiving any awards or prizes, you may be required to provide additional information, to sign a release, or to authorize the use of certain information about you in marketing materials.
13.3 If a third party administers the contest, your participation may be subject to additional terms and conditions and that third party’s privacy policy. We are not responsible for such third parties. You should carefully review the Contest Policies and these third parties’ terms and conditions before deciding whether to participate in a contest publicized through the Service.
14. Disclaimer of Warranties Regarding the Services.
14.1 Other than as expressly set out in this agreement, neither Tickled Media nor any of our affiliates make any promises about the Services. We disclaim all warranties express or implied and all services are provided “as-is” and “as-available”. Tickled Media makes no commitments about the reliability, availability, or security of the Services or their ability to predict your cycles and related transmission of sensitive data other than that it will use commercially reasonable efforts to protect your information as described in our Privacy Policy.
14.2 THE SERVICES AND THE WEBSITE (INCLUDING ANY MOBILE APPLICATION) IS PROVIDED BY TICKLED MEDIA ON AN “AS IS” AND “AS AVAILABLE” BASIS. TICKLED MEDIA AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEASIANPARENT APP, THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON ANY OF THEASIANPARENT APPS OR THE WEBSITE OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TICKLED MEDIA AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TICKLED MEDIA AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON THEASIANPARENT APP OR THE WEBSITE. SOME OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
14.3 POTENTIAL UNAVAILABILITY. THE SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. TICKLED MEDIA SHALL NOT BE LIABLE FOR ANY FAILURE OF THEASIANPARENT APP, THE WEBSITE OR THE SERVICES. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND TICKLED MEDIA’S REASONABLE CONTROL, SUCH AS MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION. YOU AGREE THAT TICKLED MEDIA SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES.
14.4 Tickled Media shall be entitled at any time, at our sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Services without assigning any reason.
14.5 Tickled Media is not responsible for any viruses, technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or applications on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to your or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with theAsianparent App, usage of the Website and/or in connection with the Services.
14.6 Under no circumstances will Tickled Media be responsible for any loss or damage, including any loss or damage to any content resulting from anyone’s use of theAsianparent App, theAsianparent Website, the Services, any content or third party applications, software or content posted on or through theAsianparent App, the Website or the Services or transmitted to users, or any interactions between users of the Services, whether online or offline.
14.7 Tickled Media does not control or endorse the content, messages or information provided by users of the Services, including in any Submissions, chat or forum features, advertisements, or external sites that may be linked to or from a Tickled Media product or its forum and, therefore, Tickled Media specifically disclaims any responsibility with regard with respect to the foregoing.
14.8 The Services may contain or deliver advertising and sponsorships, including affiliate marketing. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the:
(a) illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials; and
(b) any liabilities and responsibilities arising in relation to any products offered by any third parties advertised on the Services.
15. Limitation of Our Liability
15.1 You agree that you are responsible for exercising your judgment on all statements, offers, information, opinions, materials, content, user content, and third party products, from us, other users and from advertisers and other third parties on the Services.
15.2 Your use of the Services and the Content of the Services is at your own risk. Tickled Media and its partners have no liability whatsoever for your use or reliance on any Contents, product or service you use or encounter on any of the Services.
15.3 In particular, but without limitation, you are agreeing that Tickled Media (or any of its officers, employees or agents) is not liable under any theory of law for any compensatory, indirect, special, incidental, punitive or consequential damages, including but not limited loss of profits, business interruption, loss of information or data, a failure to conceive or deliver, failure to predict your cycles, any Contents, information or advice found on our Services, or any aspect of your relationship with a spouse, partner, or other third party, whether based on breach of contract, breach of warranty, tort, product liability or otherwise.
15.4 To the fullest extent permitted by law, Tickled Media excludes liability for damages arising from personal injury or death.
15.5 Our Services would not be provided without the limitations and disclaimers in these Terms, given that the majority of the Services are provided on a “free” basis or a price that factors in these limitations and disclaimers in these Terms. If you do not agree to these limitations, please do NOT use the Services.
15.6 No advice or information you obtain from us through the Services or in support of the Services shall create any warranty, representation or guarantee not expressly stated in these Terms.
15.7 Some laws do not allow the exclusion or limitation of incidental or consequential damages, so certain of the above limitations and exclusions may not apply to you. In the event, that notwithstanding the foregoing, if Tickled Media is found to have a liability to you, you agree that its aggregate liability for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to Tickled App, with respect to theAsianparent App in question, use of the Website and/or the Services, or one hundred (100) Singapore dollars, if greater.
15.8 In addition, you specifically agree and acknowledge that Tickled Media is not liable for the content submitted by any other user, or any defamatory, offensive or illegal conduct of a third party. Any moderation or curation of user content that we may carry out does not vary this disclaimer of liability on our part.
16. Protection of Your Account Information
16.1 You are responsible for taking all reasonable steps to ensure that no other person has access to your passwords or accounts.
17.Complete Agreement between You and Us
17.1 Except as expressly provided, these Terms constitute the entire agreement between you and Tickled Media with respect to the use of theAsianparent App, the Website and/or the Services.
17.2 Your use of the Services is also subject to:
(a) Our Privacy Policy available at: https://community.theasianparent.com/privacy?lng=en;
(b) Our Community Guidelines available at: https://community.theasianparent.com/community-guideline/web-view; and
(c) Any additional terms and conditions that we or any third-party may specify.
18. How We Handle Disputes and Governing Law
18.1 If a dispute arises between you and Tickled Media, our goal is to provide you with a cost effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact us to resolve your problem directly with us. You may contact us regarding any complaints or disputes at the “Contact Us” portion of the Website. Tickled Media and you shall attempt in good faith to resolve promptly any dispute arising out of or in connection with these terms through amicable negotiations, which shall be commenced by either party giving written notice to the other.
18.2 Dispute Resolution. In the event that Tickled Media and you are unable to resolve the dispute amicably, the dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre 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. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
18.3 Governing Law. These Terms are governed by the laws of the Republic of Singapore, without respect to its conflict of laws principles. This includes without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88),
19. Indemnification
19.1 You agree to indemnify and hold Tickled Media (and any employee, officer, director or affiliate of Tickled Media, each a “Company Person“) harmless (including costs and attorneys’ fees) from any prosecution, claim or demand made by you, any third party or regulator due to or arising out of:
(a) Your access to or use of the Services;
(b) The violation of these Terms by you;
(c) The infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity;
(d) Any content posted through the Services by you (including claims related to defamation, invasion of privacy, or other violation of a person’s rights); and
(e) The commission of any offences against the law or regulations as applicable, made by you.
19.2 Your obligations under the foregoing indemnity may not be offset against any other claim you may have against Tickled Media or any Company Person.
19.3 You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services.
19.4 You agree that the provisions in this Section will survive any termination of your account(s) or the Services.
19.5 You will cooperate fully with Tickled Media in the defence of any allegation or third-party legal proceeding. Tickled Media reserves the right to assume the exclusive control and defence of any indemnified matter.
20. Term and Termination
20.1 Unless terminated by Tickled Media, these Terms will remain in full force and effect while you use any of the Services.
20.2 Subject to the last sub-paragraph of this Section, you may terminate the agreement reflected in these Terms at any time by deleting theAsianparent App from your computer and from any mobile device on which you have installed any element of the Services and ceasing to use the Services.
20.3 Tickled Media may terminate these Terms with respect to you at any time, particularly if you violate any provision of these Terms. The privileges granted to you under these Terms will terminate immediately and automatically without notice from Tickled Media if, in our sole discretion, you fail to comply with any term or provision of these Terms. Any termination of these Terms shall also terminate the licenses granted hereunder. Upon termination of these Terms for any reason, you shall destroy and remove from all computers, and other storage media all copies of any intellectual property owned by Tickled Media. Tickled Media shall have the right to inspect and audit your residence or facilities to confirm the foregoing.
20.4 If you or Tickled Media terminate the agreement reflected in these Terms, or if Tickled Media suspends your access to the Services, you agree that Tickled Media shall have no liability or responsibility to you and Tickled Media will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
20.5 Your representations, the Indemnity section, the Dispute Resolution section, the Liability Limitation section and any other provision which by their nature are designed to survive termination shall survive any termination or expiration of these Terms.
20.6 Termination of these Terms for any reason shall not affect your obligation to make full payment of any fees payable if such fee has not already been paid.
21. Access from countries outside Singapore
21.1 Tickled Media operates and controls the Services from its offices in Singapore. Tickled Media makes no representation that the Services are appropriate or available in other locations.
21.2 The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Tickled Media to any registration requirement within such jurisdiction or country.
21.3 Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
22. Third Party Rights (Apple Inc)
22.1 If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Tickled Media only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service.
22.2 Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights.
22.3 You agree to comply with any applicable third party terms when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
23. Third Party Systems
23.1 It is possible that you access parts of the Service through accessing and/or signing in to third party systems such as Facebook or Google. Any use of or access to such parts of the Service and any information, data, instructions or communications (“Communications”) referable to your account with such third party systems (whether such access, use or Communication is authorised by you or not) shall be deemed to be:
(a) Use or access of the Service by you; and/or
(b) Communications transmitted and validly issued by you.
23.2 You shall be bound by any access, use, and/or Communications referable to your account with such third party systems, and you agree that Tickled Media shall be entitled (but not obliged) to act upon, rely on and/or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you.
23.3 Under no circumstances shall it be construed that, in the case of your access to and use of systems (including messaging systems), applications, services, content, materials, products or programmes of any third party, Tickled Media is a party to any transaction, if any, between you and such third party or that Tickled Media endorses, sponsors, certifies, or is involved in the provision of such services, products, applications or programmes accessible through the App or Service. Tickled Media shall not be liable in any way for your access to and use of the third party systems (including messaging systems) or for any products obtained and/or purchased from or services rendered by any such third party which shall be your responsibility or that of the relevant third party.
23.4 You acknowledge and agree that you will be solely responsible for any access or use of third party systems (including any third party messaging systems), applications, services, content, materials, products or programmes through the App or Service. If you access or use any third party systems (including any third party messaging systems) or the applications, services, content, materials, products or programmes of any third party, through the App or Service, you must comply with the relevant terms and conditions for the access or the use of such third party systems, applications, services, content, materials, products or programmes and be responsible for the registration and use of any user names or passwords required to connect thereto.
23.5 Accordingly, you shall not have any right or claim, and hereby waive any rights you may have (if any), against Tickled Media in respect of any breach or failure to comply with the terms and conditions of the relevant third party in respect of your access to and/or use of such third party systems (including any third party messaging systems), applications, services, content, materials, products or programmes through the App or Service.
23.6 You authorise Tickled Media and its agents to access third party systems (including any third party messaging systems), applications, services, content, materials, products or programmes which you have designated, to retrieve content or information requested by you or to process or access functionalities at your request. You hereby appoint Tickled Media and its agents as your agent for the aforementioned purpose. In addition, each time you submit your user name or password to access or use your designated third party systems, applications, services, content, materials, products or programmes, you shall be deemed to have authorised Tickled Media and its agents to process your request and use information submitted by you.
24. Miscellaneous
24.1 Statute of Limitations. You and Tickled Media both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
24.2 No Third Party Beneficiaries. Except as provided for in in your indemnity to related parties of Tickled Media, a person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the Terms. These Terms are between you and Tickled Media. No user has any rights to force Tickled Media to enforce any rights it may have against you or any other user.
24.3 Severance. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
24.4 Limitation of Waivers. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
24.5 Disclaimer of Convention on Contracts for the International Sale of Goods. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
24.6 No deemed modification or waiver. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. A failure by Tickled Media to exercise or enforce any rights conferred upon it by these Terms shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
24.7 No Assignment by you. You may not assign these Terms without our prior written consent.
24.8 Assignment by us. Tickled Media may assign these Terms without your prior written consent.
24.9 Provision of documentation upon request. Upon Tickled Media’s request, you will furnish Tickled Media any documentation, substantiation or releases necessary to verify your compliance with these Terms.
24.10 No adverse construction. You agree that these Terms will not be construed against Tickled Media by virtue of having drafted them.
24.11 Waiver of defence based on lack of signing. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
24.12 Force Majeure. No party shall be liable for any failure to perform its obligations under these Terms if the failure results from a “Force Majeure Event”, provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates. A “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under these Terns. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
24.13 No Partnership. Nothing in these Terms shall constitute or be deemed to constitute an agency, partnership or joint venture between Ticked Media and you and neither party shall have any authority to bind the other in any way
24.14 Interpretation of headings. The bolded headings used here are for convenience only and shall not be given any legal import.
25. Take Down Notice Policy
25.1 If you believe that your work has been used or copied in a way that constitutes infringement and such infringement is occurring on our Services, please notify Tickled Media in accordance with the Copyright Act, Chapter 63 of Singapore (the “Act”). The Act contains provisions related to limiting the liability of network service providers such as Tickled Media:
(a) Take-down and counter notices
i. All Infringement Notices shall be sent to Tickled Media addressed as follows:
The Company Secretary
71 Ayer Rajah Crescent, #01-04/05,
Singapore 139951
Email: [email protected]
ii. Where a copyright owner or an exclusive licensee or an agent of the foregoing parties (“Complainant”) furnishes to Tickled Media (through Tickled Media’s designated representative) a valid notice in the form prescribed by the Act (“take-down notice”), Tickled Media will take reasonable steps to remove or disable access to the relevant material in accordance with the Act.
iii. Following the removal of or disabling of access to the relevant material, Tickled Media will take reasonable steps to notify the person who made available such material (“Provider”) in accordance with the Act.
iv. Where the Provider furnishes to Tickled Media (through Tickled Media’s designated representative) a valid notice in the form prescribed by the Act (“counter notice”) within six weeks from the date Tickled Media notifies the Provider of the removal or disabling of access, Tickled Media will take reasonable steps to restore the relevant material if it is technically and practically feasible to do so, unless court proceedings are commenced to prevent the restoration and Tickled Media is informed in writing in accordance with the Act.
(b) The form of notices prescribed under the Act and offences related to notices:
i. Please ensure that the take-down and counter notices you provide to Tickled Media are in conformance with the form prescribed by the Act. Tickled Media will not act on any notice unless the notice is a valid notice in the form prescribed by the Act; and
ii. For your information, the Copyright (Network Service Provider) Regulations sets out the form in which take-down and counter notices should be provided to network service providers.
26. Contact information
26.1 If you have questions or concerns, you should contact us at [email protected]