Sexual Health & Wellness Products Policy
Foreword
The purpose of
this document is to provide a reference to the terms and conditions on the
sales of sexual health and wellness products
on the YSG Marketplace.
Since its inception in October 2020, YSG Marketplace partners only with brand
owners and their authorised distributors to give our customers the assurance
and confidence that they are buying authentic products from a trusted Platform.
YSG Marketplace has been introducing a constant stream of brands and products
to our Platform as we diversify into new product categories to provide our
customers with a greater variety of goods and services including the
introduction of sexual health and wellness products.
We understand that for some , sexual health and wellness is an important aspect of a person’s overall well-being and quality of life while for others, this is still regarded a taboo subject where they avoid any form of contact, directly or indirectly, with the listing and sales of such products.
At YSG Marketplace, it is important that all our customers feel safe, supported and assured when shopping with us at any point in time. The terms in this policy serve to be a resource that provides additional information and acceptable standards on the listing of sexual health and wellness products on YSG Marketplace.
Sexual Health & Wellness Products Policy
1. General
1.1 By accessing the Platform and using the YSG Services to promote; advertise and sell sexual health and wellness products (“Restricted Products”), you, the Seller (as defined in the Seller Terms) of Restricted Products agree to unconditionally and irrevocably accept the provisions in this Sexual Health & Wellness Products Policy (“Policy”), in addition to the Seller Terms which are incorporated by reference to the provisions in this Policy.
1.2 Words used in this Policy in the singular, where the context so permits, shall be deemed to include the plural and vice versa. The definitions of words in the singular in this Policy shall apply to such words when used in the plural where the context so permits and vice versa.
2. Definition of Obscene
2.1 YSG 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”.
2.2 At YSG’s sole and absolute discretion, it reserves all rights to remove any advertisements; product images; packaging images and any other publicity materials that are considered obscene not limited to Clause 2.3, from being published on the Platform. YSG shall delist and ban the sales of any Restricted Product that may be in any way attributable to any violation of this Policy.
2.3 For the avoidance of doubt, 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”).
2.4 Seller undertakes to put in safeguards to prevent the accessibility of Adult Materials with a sexual or prurient primary intended use, by any person under the 21 years of age which is inappropriate or legally prohibited for viewing, use and/or consumption in Singapore.
3. Sale of Child Sex Dolls
3.1 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.
3.2 Seller acknowledges that YSG has the right to unilaterally and immediately terminate Seller’s use of the Platform and YSG Services in the event that Seller is found to be promoting; marketing and selling a child sex toy which is defined as ‘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”.
4. Visual Guidelines
4.1 Seller shall be monitored for compliance to this Policy which shall also include but not limited to ensuring that the Seller’s listing of Restricted Products is in compliance with the prescribed visual guidelines.
4.2 Seller is solely responsible in ensuring that the marketing of the Restricted Products which include 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.
4.3 For more information on the approved visual guidelines for the listing of Restricted Products, Sellers can refer to Visual Guidelines
4.4 YSG reserves the right to remove any listing deemed by YSG to be patently
inappropriate for display on its Platform.
5. Penalties
5.1 When Seller fails to comply with any of the provisions in the Policy, YSG may at its sole and absolute discretion restrict; remove or ban the listing and sale of such Restrictive Products on its Platform when YSG determines that the sales or the manner leading up to the sales of the Restrictive Products to be objectionable, lewd, inappropriate and offensive.
5.2 Notwithstanding the
provisions in this Policy, YSG shall also have the right to unilaterally and
immediately terminate any pre-existing agreement between Seller and YSG; Seller’s
use of Platform and YSG Services without any notice to Seller for breaching any
provision of this Policy; Seller Terms and any applicable laws.
5.3 A Seller shall allow the sales of Restrictive Products to a customer only when the
Seller is
satisfied that the customer is 21 years of age and 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.
6. Appeal
6.1 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.
6.2 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.
6.3 All decisions by YSG are final.
7. Miscellaneous
7.1 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) which shall take immediate effect when posted on the Platform and
in which Seller shall be bound by the provisions so amended. Seller is responsible for reviewing all notices regarding amendments to
the Policy. Seller's continued use of the YSG Services following such
amendments taking effect will constitute Seller's acceptance of such changes,
and if Seller does not agree to any such amendments, Seller must discontinue
the use of the YSG Services (except to the extent required herein) and any
pre-existing agreement between Seller and YSG will be immediately terminated.
7.2 If any provision in this Policy shall become or shall be declared by any court of competent jurisdiction to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall in no way affect any other provision or part of any provision all of which shall remain in full force and effect, so long as this Policy shall be capable of continuing in effect without the unenforceable term.
As at 27th November 2024
