Policy on the Sales of Adult and Sensuality Products
1. YSG Marketplace (“YSG”, “Platform”) partners only with brand owners and their authorised distributors to give our shoppers the peace of mind that they are buying authentic products from a trusted Platform.
2. Since its inception in October 2020, YSG has been introducing a constant stream of brands and products to our Platform as we diversify into new product categories to give our shoppers a wider range of goods and services to choose from. This would include the sales of alcohol and also adult and sensuality products (collectively, “Restricted Products”).
3. We understand that for some of our shoppers, sexual wellness is an important aspect of a person’s overall well-being and quality of life while for others, sexual wellness is still regarded as a taboo subject and they may be uncomfortable with any form of interaction, directly or indirectly, with Restricted Products including but not limited to the promotion and sales of Restricted Products on YSG.
4. As an inclusive and responsible Platform, it is important that our shoppers always feel safe, supported and assured given any point in time. We have put in place these guidelines (“Policy”) and in so doing, require a seller of Restricted Products (“Seller”) to ensure, and be solely responsible for the legality and integrity of all informational; promotional; publicity and marketing materials, and any additional content or materials made available through the Platform must comply with all applicable laws, rules and regulations, this Policy.
5. YSG reserves the right to modify or amend this Policy at any time by posting modifications or amendments (including in the form of a restatement if appropriate). It is the Seller’s responsibility to keep up to date with the Policy posted here.
Definition of Obscene
6. In formulating this Policy on the sales ofRestricted Products, YSG applies the standards and takes reference to Section 42, Penal Code 1871 on the definition of “obscene” where the word “in relation to any thing or matter, means any thing or matter the effect of which is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it”. At YSG’s sole and absolute discretion, any material or product is found to be obscene including those listed in Clause 7 of this Policy, YSG may cause the removal of such a material or product from being listed or sold on the Platform.
7.
For
the purpose of this Policy, YSG would consider the following to be obscene but
not limited to as the list is non-exhaustive:
a. Images of genitals, buttocks, or female breasts where the areola or nipple is visible;
b. Translucent or tight clothing that shows human genitalia, the anus, or the nipple/areola of female breast; and male erections, even if the model is clothed;
c. Implied or explicit sexual behaviour or simulated acts such as sexual intercourse and other sexual acts; and
d. Books, videos, video games, apparel, posters, pamphlets, pictures; figurines; drawings; illustrations; images; photographs; or other materials that are explicitly sensual or sexual in nature, whether real or fictionalised, photographic or illustrative (collectively, “Adult Materials”).
Sellers are to demonstrate best efforts in preventing the accessibility of Adult Materials with a sexual or prurient primary intended use, by any person under the age of 21 years of age which is inappropriate or legally prohibited for viewing, use and/or consumption in Singapore.
Sale of Child Sex Dolls
8. The sale of child sex dolls on the Platform is strictly prohibited as Singapore criminalises the production and possession of child sex dolls and anyone found with the ownership of a child sex doll could result in criminal liability. Under Section 292A of the Penal Code 1871, whoever “imports, exports, conveys, sells, lets to hire, distributes, puts into circulation, makes, produces or is in possession of a child sex-doll” will be found guilty of a criminal offence. Section 292A (2) of the Penal Code 1871 defines a child sex doll to be “an anatomically correct doll, mannequin or robot, with the features of, or with features that appear to a reasonable observer to resemble a person below 16 years of age and intended for use in sexual activities”.
Display Guidelines
9. Sellers are monitored for compliance to this Policy including verifying materials that are intended for advertorial and promotional purposes are displayed in a manner that is consistent with the display guidelines prescribed in Annexure A (“Annex A”) of this Policy. Annex A hereto shall be taken, read, and construed as parts of this Policy and the provisions thereof shall have the same force and effect as if expressly set out in the body of this Policy.
10. For the avoidance of doubt, a Seller who elects to publish a product’s packaging on YSG is wholly responsible in ensuring that that the visuals or graphics used in the design of the packaging follow the guidelines provided in Annex A. YSG reserves the right to remove any listing deemed by YSG to be patently inappropriate for display or sale on its Platform.
Penalties
11. When a Seller fails to comply with any of the provisions in the Policy and depending on the severity of the violation, YSG may at its sole and absolute discretion take one or more of the following actions including but not limited to banning ; restricting or removing such Restrictive Products from being listed on the Platform as and when YSG determines the sales or the manner leading up to the sales of the Restrictive Products to be objectionable, lewd, inappropriate; offensive or in breach of its Platform’s terms and/or any applicable laws.
12. In a more serious violation of any of the terms provided in this Policy, this may result in an immediate termination of any existing agreement between the Seller and YSG, and the delisting of the Seller’s store on the Platform without any recourse.
13. A Seller shall allow the sales of Restrictive Products to a shopper only when the Seller is satisfied that the shopper is at least 21 years of age or above, the legal age in Singapore for viewing and buying Restrictive Products. A violation of this provision will result in the immediate closure of the Seller’s store on the Platform.
Appeal
14. When a Seller receives a notice of violation (“Notice”), not limited to the aforementioned reasons, and considers the disciplinary action(s) taken against the Seller to be improper, the Seller may submit an appeal or grievance to YSG provided that such an appeal is submitted within three (3) working days from the date of the Notice. YSG will reconsider, receiving new evidence, if necessary, and communicate the result of its reconsideration to the Seller within ten (10) working days from the receipt date of the appeal.
15. A Seller’s failure to file an appeal within the 3-day period from the date of the Notice shall be construed as a waiver of the Seller’s right to an appeal.
16. All decisions by YSG are final.
As at 10th October 2024
