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WEBSITE TERMS & CONDITIONS
Welcome to the Tiger Balm Japan website (“Website”). Please read these terms and conditions carefully before using this Website.
This Website is offered to you by Haw Par Healthcare Limited (“HPH”, “we”, “us” or “our) on the condition that you agree to the terms, conditions, and notices hereunder (“Terms”) without modification. This site is intended only for access from Japan.
Your use of particular services or areas of the Website may also be subject to additional terms outlined elsewhere on the Website (the “Additional Terms”). You agree to be bound by these Additional Terms, and in the event that any of the Terms conflict with the Additional Terms, then the Additional Terms shall control to the extent of such conflict. If we make available on the Website any third-party products, hardware, software applications, programs and/or devices (collectively, “Third Party Technology“), you agree and acknowledge that your use and access thereof is subject to a separate agreement with the third-party provider thereof, which you agree to be bound by, and furthermore, HPH has no liability or obligations in relation to any such Third Party Technology.
You further agree and consent to the terms of our privacy policy (accessible at https://tigerbalm.wishbonehosting.com/jp/data-protection-policy-en/) (“Data Protection Policy”), which describes our practices and policies related to the collection, use, and storage of information about users of our Website. The terms of the Data Protection Policy are incorporated into this Terms by reference.
HPH has the right to amend these Terms from time to time. You are responsible for regularly reviewing these Terms to ensure your continuing compliance with these Terms. Your continued use of the Website constitutes your agreement to be bound by the prevailing version of the Terms as amended from time to time.
If you do not agree to these Terms, you must immediately discontinue your use of the Website.
HPH offers this Website for informational or educational purposes only. You agree that none of the statements contained in this Website constitute health claims or medical advice, and that you should always therefore seek advice from a health care professional. Any information made available on the Website is not intended to replace the advice and care of physicians and health care providers.
Your use of the Website’s content is solely at your own risk. No doctor-patient or healthcare provider relationship is created when you use the Website, or if you communicate with any HPH employee or representative.
Subject to your compliance with these Terms, HPH grants you a limited non-exclusive, non-transferable, non-sublicensable licence to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HPH. This licence does not include any resale or commercial use of this Website or its contents.
The following activities are also specifically prohibited:
No part of this Website may be stored, reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trade mark (including without limitation “TIGER BALM” and derivatives), logo, or other proprietary information (including images, text, page layout, or form) of HPH, Haw Par Corporation Limited, Haw Par Brothers International (HK) Limited and any of their affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising HPH’s, Haw Par Corporation Limited’s, Haw Par Brothers International (HK) Limited’s, or their affiliates’ names or trade marks (including without limitation “TIGER BALM” and derivatives) without the express written consent of HPH. Any unauthorised use terminates the permission or license granted by HPH.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the main Welcome page of HPH as long as the link does not portray HPH, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any HPH logo or other proprietary graphic or trade mark of HPH, Haw Par Corporation Limited, Haw Par Brothers International (HK) Limited or any of their affiliates as part of the link without our express written consent.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
Certain portions of the website will allow you to forward material via email to addressees specified by you. By using this facility, you warrant and confirm that you have the consent of the recipient to send such emails.
If you post or upload content, you will ensure the content is: (i) true and accurate; (ii) not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”; and (iii) you own or control all of the rights to your post and/or the uploaded content, including copyrights and trademarks, necessary to meet your obligations to HPH under these Terms.
Harassment in any manner or form on the Website, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an HPH employee, host, or representative or other members or visitors on the Website is prohibited. You must not upload to, distribute, or otherwise publish through the Website any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
HPH TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY POSTS OR UPLOADED CONTENT, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER MATERIALS CONTAINED IN ANY POSTS OR UPLOADED CONTENT. UNDER NO CIRCUMSTANCES ARE YOU ENTITLED TO PAYMENT FOR YOUR POSTS OR UPLOADED CONTENT. ALL POSTS OR UPLOADED CONTENT ARE DEEMED NON-CONFIDENTIAL AND NON-PROPRIETARY.
The entire content included in this Website, including but not limited to text, design, graphics, interfaces, source code and the selection and arrangements thereof is copyrighted and is the property of HPH or its licensors.
All trade marks, service marks, and trade names (including without limitation “TIGER BALM” and derivatives) are trade marks or registered trade marks of and are proprietary to HPH, or other respective owners that have granted HPH the right and license to use such trade marks. You may not use any of our trademarks, logos, or trade dress in connection with any product or service that is not owned or provided by us, in a manner that is likely to cause confusion among customers or users, nor in any manner that disparages us, our affiliates, or our suppliers.
All title, ownership rights, and intellectual property rights in and to the Website and its contents are retained by us or our licensors.
Users of this Website may be permitted to post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, but we reserve the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, you agree, represent and warrant that:
a) you own or otherwise control all of the rights to the content or material that you post and the content or material that you post does not contain confidential or proprietary information;
b) the content and material is accurate;
c) use of the content and material you supply does not breach any applicable laws and will not cause injury to any person or entity (including that the content or material is not defamatory).
d) all moral rights (which shall include without limitation any and all rights as defined in Part 7 of the Copyright Act 2021 of Singapore, as well as other analogous rights arising under any laws anywhere in the world, whether now or in the future) in relation to the material is and has been waived;
e) HPH is not under any obligations of confidentiality with respect to the content and material you supply; and
f) HPH may freely use, reproduce, distribute, and otherwise exploit the content and/or material you supply for any purpose.
You further grant HPH and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free and fully sublicensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content and material throughout the world in any media (whether now known or in the future invented); and the right to use the name that you submit in connection with such content.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. Further, you agree that you are not entitled to any compensation of any kind.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to HPH, including the execution of deeds and documents, at the request of HPH.
HPH does not and cannot review all communications and materials posted to or created by users accessing the Website and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Website, HPH is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website.
Any material, information or other communication you transmit, upload or post to this Website will be considered non-confidential and non-proprietary. HPH will have no obligations with respect thereto. HPH and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
HPH reserves all rights to deny or restrict access to this Website to any particular person, or to block access from a particular Internet address to this Website, at any time, without ascribing any reasons whatsoever.
HPH respects the intellectual property of others, and we ask our users and visitors to do the same. We have the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of content and other material on the Website (“Infringing Material”) and take appropriate action. If you believe that your work has been copied in a way that constitutes Infringement and such Infringement is occurring on the Website, please provide written notice to HPH with full details as prescribed in the Singapore Copyright Act 2021 (“Infringement Notice”), to be submitted to HPH’s designated representative, as follows:
Brand Manager, Haw Par Healthcare Limited @ 401 Commonwealth Drive, #03-03 Haw Par Technocentre, Singapore 149598. Tel: (65) 6337 9102 Fax: (65) 6262 3436 Email: tigerbalm@hph.hawpar.com
HPH will only process Infringement Notices in the English language that comply with the Copyright Act 2021 of Singapore, other applicable laws and these Terms. Any Infringement Notices that do not comply with the above will be rejected.
Upon receipt of an Infringement Notice, HPH may take further steps depending on the nature of the alleged infringement described in the notice, which may include the matters described in the Singapore Copyright Act 2021.
You acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on the Website.
IMPORTANT NOTE: THE PRECEDING CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING HPH THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
In the event that a HPH product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, HPH shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. HPH shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, HPH shall issue a credit to your credit card account in the amount of the incorrect price.
This Website may contain hyperlinks to web sites which are not maintained by HPH that we think may interest you, including social networking sites. Hyperlinks to other web sites are provided as a convenience. Use of the hyperlinks and access to such web sites are entirely at your own risk. HPH is not responsible for the contents of those web sites and shall not be liable for any damages or loss arising from access to those web sites. The inclusion of these hyperlinks do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those web sites or the activities of the people, organizations and/or businesses responsible for those web sites.
HPH reserves the right to disable any links or frames from this Website, and disclaims any responsibility for the content available on any other site reached by links to or from this Website.
THIS WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, PRODUCT LISTINGS, NEWS, ARTICLES AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW: (A) HPH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS CODE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (B) ALL IMPLIED WARRANTIES ON THE PART OF HPH ARE EXPRESSLY DISCLAIMED; (C) HPH DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) HPH DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE CONTENT OR ANY OTHER INFORMATION MADE AVAILABLE THROUGH THE WEBSITE DOES NOT CONSTITUTE ADVICE OF ANY KIND AND SHOULD NOT BE RELIED UPON IN ANY WAY. HPH IS NOT LIABLE FOR ANY OMISSIONS OR ERRORS ON THE WEBSITE OR ITS CONTENT. UNDER NO CIRCUMSTANCES WILL HPH BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
HPH makes no representation that materials in the Website are appropriate or available for use in locations other than Japan, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Website from locations outside Japan do so on their own initiative and are responsible for compliance with applicable local laws.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL HPH, ITS AFFILIATES AND ITS RELATED ENTITIES (COLLECTIVELY, “HAW PAR”) BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL, ANTICIPATED SAVINGS, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF HAW PAR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE.
YOU ALSO AGREE THAT HAW PAR SHALL ALSO NOT BE LIABLE FOR ANY CLAIM, DAMAGE OR LOSS OF ANY KIND OF ANY NATURE WHATSOEVER CAUSED AS A RESULT (DIRECT OR INDIRECT) OF OR OTHERWISE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CLAIM, DAMAGE OR LOSS SUFFERED AS A RESULT OF OR IN CONNECTION WITH ANY RELIANCE ON ANY CONTENT CONTAINED IN OR AVAILABLE FROM THE WEBSITE.
You hereby agree to indemnify, defend, and hold harmless HPH, its affiliates, its related entities, their officers, directors, employees, agents, licensors and suppliers (collectively the “Providers”) from and against all losses, expenses, damages claims, actions, proceedings, investigations, demands, actions, suits, costs, charges, expenses, damages and costs, including reasonable attorneys’ fees, fines, or penalties imposed by any regulatory authority, losses and liabilities which the Providers may incur, suffer or which may be made against them as a result of or in connection with (i) your use of the Website or any conduct on your part relating thereto; (ii) your violation of these Terms (including any Additional Terms and/or Data Protection Policy), any breach of your representations or warranties, or any activity related to your conduct (including negligent or wrongful conduct), or any content or materials provided by you; (iii) your violation of any applicable laws, (iv) any act, omission negligence, breach, offence or default committed or attributable to you, and/or (v) any sum or obligation payable or liable to be performed by you under these Terms (including any and all Additional Terms and any and all other documents, materials or information incorporated by reference herein) not being paid or performed by you by the time, on the date and otherwise in the manner specified in these Terms (including any and all Additional Terms and any and all other documents, materials or information incorporated by reference herein).
HPH has the right, in its sole and absolute discretion, to conduct and control any action or proceeding and its conclusion or compromise. All indemnification provisions shall survive the termination of these Terms.
These Terms and your use of this Website shall be governed in all respects by the laws of Singapore. The U.N. Convention on Contracts for the International Sale of Goods (“CISG“) shall not apply to these Terms and to your use of this Website. The parties expressly exclude the application of CISG to the maximum extent permitted by law. You irrevocably submit to the exclusive jurisdiction of the Singapore courts.
You may terminate your use of the Website at any time. We may, in our sole and absolute discretion, take whatever action we deem necessary to preserve the integrity of Website and its content. Breach of any of these Terms may result in actions being taken by us, effective immediately or at a time determined by us, which may include without limitation: (i) temporarily suspending your access to the Website, or (ii) permanently terminating your access to the Website. Without limiting the foregoing, we retain the right to decline to provide the Website to any user.
Termination will not limit any of HPH’s other rights or remedies. Sections 2 (Permitted Use), 3 (User Conduct), 4 (Intellectual Property), 5 (User Participation), 9 (Disclaimer), 10 (Limitation of Liability), 11 (Indemnification), and 12 (Applicable laws), and any other provision that, by its nature, is intended to survive termination shall survive termination of these Terms.
This English language version of the Terms shall be the official version of the Terms for the Tiger Balm Japan website. In the event of any conflict or inconsistency between the provisions of this English language version and any other language version, this English language version shall prevail.