TERMS OF SERVICE
This website is operated by The Average Joe. Throughout the site, the terms “we”, “us” and “our” refer to The Average Joe. The Average Joe offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
The Average Joe sells hair wax and pomade and other grooming supplies (the “Product(s)”) to end-user customers who purchase monthly memberships to receive the Products (“Membership(s)”) only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WordPress. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on The Average Joe’s then-current pricing page located on the Site at: http://www.TheAverageJoe.sg. The price that we will charge you for the Products and Memberships will be the price as posted on the Site on the date you first sign-up for a Membership to the Site. The Average Joe reserves the right to change prices for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
The Average Joe accepts various Payment Methods. You agree to pay all fees charged to your account based on The Average Joe’s fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Membership. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership, and you authorize The Average Joe or the third party payment processing service provider that we engage to charge your Payment Method for any such taxes and fees. All payments shall be made by your selected Payment Method in advance prior to shipping the Products. If you do not pay on time or if your Payment Method cannot be charged for any reason, The Average Joe reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Service. All sales and payments will be in SGD.
The Average Joe and The Average Joe’s third party payment service provider may receive updated Payment Method information from your credit card or payment method issuer. The disbursement of the updated Payment Method information is provided to The Average Joe and The Average Joe’s third party payment service provider at the election of your credit card and payment method issuer. Neither The Average Joe nor The Average Joe’s third party payment service provider is responsible for the distribution of your credit card or payment method information. It is at the sole election of your credit card or payment method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regards to your right to opt out of the update service.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Average Joe, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Average Joe and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – NOTICE TO CONSUMER
30 DAY MEMBERSHIP RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EVERY 30 DAYS
The Average Joe will automatically renew your Membership on each 30-day anniversary date of the Membership (or 45/60 day, depending on the subscription selections you make) and, as authorized by you by checking the box demonstrating your consent for automatic 30-day renewal of your Membership during the sign-up process, we will charge your Payment Method with the applicable Membership fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Membership fee payments. Each Default Membership renewal period is for 30 days.
You may cancel your Membership at any time by logging on to your account page within www.TheAverageJoe.sg. To cancel a membership, please log in to your account on the Site and select the “membership options” link at the bottom of the page, then follow instructions towards cancellation. Cancellation requests submitted in this manner (via your account page on the TheAverageJoe.sg website) must be received at least one full calendar day prior to your next shipping date to avoid being charged for that shipment. Cancellation requests received after that shall take effect the following month. Cancellation requests received by The Average Joe through other channels may take up to five (5) days to process. If you have any problems, please email hello@TheAverageJoe.sg. The Average Joe requires a reasonable amount of time to process your Membership cancellation request. If you cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term, and your Membership benefits will expire at the end of the then-current Membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term.
SHIPPING AND PRODUCT APPEARANCE
The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are sent via the Singapore Post or a suitable third-party carrier. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
PAUSING AND RESUMING SHIPPING
The Average Joe offers its members the ability to temporarily pause their The Average Joe Memberships (“Pause Period”). During the Pause Period, members will remain active members, but they will not receive any The Average Joe Products.
A Membership may be placed on a Pause Period indefinitely. During the Pause Period, members will remain a member of The Average Joe, continue to receive communications from The Average Joe via email, but will not be charged any maintenance or membership fee.
Members who are in a Pause Period may resume receiving The Average Joe Products by logging into their account and Resuming shipping either immediately or on their original bill date. You may email any questions about the Pause Period to hello@TheAverageJoe.sg.
SECTION 19 – GIFT CARDS
Purchasing and Redemption:
By purchasing The Average Joe Gift Cards (“Gift Cards”), you agree and represent that your use of the Gift Cards will comply with this Agreement and all applicable laws, rules, and regulations, and that you will not use the Gift Cards in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or The Average Joe, including its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other The Average Joe-related entity.
A Site account is not required in order to purchase a Gift Card. If the Gift Card is purchased for an individual other than you, the recipient of the Gift Card shall be notified via email at the email address you provide during the purchase. In the event the recipient does not have a Site account at the time of receiving the email, they will be prompted to create a Site account in order to redeem the Gift Card. A Site account is required in order to redeem a Gift Card.
You may purchase Gift Cards for any value between $10 and $50 SGD. The amount of the Gift Card you purchase shall be charged to you according to your selected payment option when you confirm the purchase of the Gift Card. If the purchase of a Gift Card is part of a promotional campaign wherein purchase of a Gift Card at a pre-determined dollar amount is awarded with additional The Average Joe credits (“The Average Joe Credits”), these The Average Joe Credits shall only be available for use after the total amount of Gift Cards has been exhausted. In all circumstances The Average Joe Credits shall be used only after the exhaustion of Gift Cards.
Gift Cards and The Average Joe Credits may only be redeemed toward the purchase of eligible products on the Site. Redemption of Gift Cards and The Average Joe Credits on the Site is subject to change in The Average Joe’s sole discretion. Purchases are deducted from the Gift Card balance. Any unused balance will be placed in the recipient’s The Average Joe account (“The Average Joe Credits Balance Display”) when redeemed. If an order exceeds the amount of the Gift Card, the balance must be paid with a Payment Method or other payment method accepted by The Average Joe.
You may be able to obtain your gift card balance by contacting The Average Joe customer service at hello@TheAverageJoe.sg. The Gift Card balance relayed to you by a The Average Joe customer service agent is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time.
Gift Cards never expire.
Use and Limitations:
Gift Cards may only be purchased and redeemed by persons residing in Singapore, and may only be used on the Site (www.TheAverageJoe.sg).
Gift Cards cannot be used to purchase other gift cards.
To the fullest extent of the law, Gift Cards cannot be reloaded, resold, transferred for value, or applied to any other account. Unused Gift Card balances in a Site account may not be transferred.
Gift Cards are not returnable or refundable for cash except where required by law.
Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain The Average Joe’s prior written approval.
Use of The Average Joe’s name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of The Average Joe Gift Cards is strictly prohibited. Furthermore, the use of The Average Joe Gift Cards in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, The Average Joe or any of its subsidiaries or affiliates is prohibited.
Risk of Loss:
If your Gift Card is lost or stolen, immediately contact customer service at hello@TheAverageJoe.sg. Your Gift Card will be cancelled and after an internal investigation, we will issue a new Gift Card with the remaining balance, if any. Lost or stolen Gift Cards cannot be replaced without the original confirmation email sent to the email account provided to The Average Joe. The Average Joe and its affiliates shall have no liability to you for:
for lost or stolen Gift Cards; or
use of any Gift Cards by third parties through your Site account. You are solely responsible for keeping the username and password for your Site account safe and for any activity conducted under your account.
Notwithstanding the above, the risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable. We are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.
The Average Joe shall have the right to close member accounts or any related account(s) if The Average Joe suspects a Gift Card is being used in a fraudulent manner to make purchases on the Site. If a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Site or any of its affiliated websites set forth above The Average Joe shall immediately suspend the Gift Card and may recoup the amount of the Gift Card by charging the amount from the Credit or Debit Card supplied. The Average Joe may also cancel or remove any and all The Average Joe Credits on the member accounts and/or any related account(s). The Average Joe has a zero-tolerance Fraud policy and it is the responsibility of the account holder to secure their account and Gift Card.
Limitation of Liability & Gift Cards:
IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, UNLESS SUCH NON-FUNCTIONALITY IS DUE TO THE GIFT CARD BEING FULLY REDEEMED, OUR SOLE LIABILITY SHALL BE FOR THE REPLACEMENT OF SUCH GIFT CARD CODE.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@TheAverageJoe.sg.
If you are dissatisfied with one of our Products for any reason, The Average Joe will refund the amount paid for your most recent month of service. Refund requests must be made directly to The Average Joe at hello@TheAverageJoe.sg. All refund requests must be made within fourteen (14) days of the date of shipment by The Average Joe. The Average Joe is not liable for Products that are damaged or lost in transit to The Average Joe. Promptly following The Average Joe’s receipt of your request, The Average Joe will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, The Average Joe does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your credit card or payment method company if you have questions about the status of the chargeback.
The Average Joe will not provide a refund for a request that is received by The Average Joe more than fourteen (14) days after the date of original shipment. The Average Joe also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To complete your return, we require a receipt or proof of purchase.
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
To return your product, you should mail your product to: 194 Pandan Loop Pantech Business Hub #06-30 Singapore SG 128383. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.