This Agreement is made between Frasers Property Commercial Management Pte. Ltd. (UEN: 201728645H) ("Frasers", "FPCM", "us" or "we" as the case may be) and you with respect to your use of the Portal and any functionalities, services or features offered via or in connection with the Portal, and references in this Agreement to the use of the Portal extend to the use of such functionalities, services or features as well.
You are not eligible to use this Portal without our consent if you are under 18 years of age. By using the Portal, you hereby confirm and warrant that you are 18 years of age or older.
You must read in its entirety, agree with, and accept all the terms and conditions contained in this Agreement, including all the service-specific annexes set out below as well as any documents, materials or information incorporated by reference herein, all of which form part of this Agreement before you use the services provided on the Portal ("Services").
Frasers may introduce and provide new Services from time to time and shall notify you of any new terms and conditions governing such Services as they are introduced. Such terms and conditions will supplement, form part of this Agreement and take effect from such time you use the particular Service.
We may from time to time update the terms of this Agreement by posting amendments at the following URL: https://www.fraserstower.com.sg/home/terms-of-use.html, or whenever we post an update to this Portal. By your continuing to use this Portal after any such amendment, you agree to be bound by the Agreement as so amended.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ARE INELIGIBLE TO USE THIS PORTAL, PLEASE DO NOT USE THIS PORTAL.
1. Your Use of the Portal
1.1 Subject always to your continuing compliance with the terms of this Agreement, we agree to grant you a non-transferable, non-exclusive licence to use the Portal insofar as owned by or licensed through us on the Device and only for your own purposes or internal business purposes, on and subject to the terms of this Agreement. All other rights not expressly granted to you are reserved.
1.2 Some software components used in our Portal may be offered under an open source or other licence as we may notify you of, in which case your use of those components is governed by such terms to the extent only of any inconsistency between this Agreement and those terms.
1.3 Without prejudice to the generality of the foregoing, you shall not (and shall not, knowingly, or otherwise, authorise, allow or assist any third-party to):
(a) Modify or adapt the whole or any part of the Portal, or permit the Portal or any part of it to be combined with, or become incorporated in, any other app, programs or other platforms created by you;
(b) Disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code of the Portal or any components thereof;
(c) Communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the Portal;
(d) Use the Portal in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any Singapore or foreign law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to this Agreement), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority (together, the "Applicable Laws"), including in infringement of our intellectual property rights or those of any third-party in relation to the Portal;
(e) Post, promote, upload or transmit information through this Portal which may infringe the rights of any third-party, whether in statute or common law, including but not limited to any third-party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(f) Encourage any illegal activities, or post, promote, upload or transmit through this Portal anything that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, embarrassing or otherwise objectionable material of any kind or nature;
(g) Use the Portal in a way that could damage, disable, impair or compromise the Portal (or the systems or security of the Portal or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of Frasers;
(h) Delete, modify, hack, or attempt to alter any portion of the Portal and/or introduce into the Portal any virus, rogue program, Trojan horse, worm, or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to disable, erase, or otherwise harm the Portal or perform any such actions;
(i) Upload or distribute in any way files which you know or have reason to suspect contain viruses, corrupted files or any other similar software, programs, macros or files that may detrimentally interfere with the operation of this Portal, or to do anything which would create or impose an unreasonable or disproportionately large burden or load on this Portal, or gain unauthorised access to restricted parts of this Portal or its systems;
(j) Use any automated process or service to access and/or use the Portal (such as a bot, a spider, periodic caching of information stored by us, or "meta-searching");
(k) Reproduce, display or otherwise provide access to the Portal on another website or server, for example through framing mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without our prior written permission;
(l) Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(m) Gather and use the information and/or particulars posted or transmitted through this Portal for unsolicited advertising or other unauthorised purposes; nor
(n) Use the information in the Portal to create or sell a similar service or similar information.
Nothing herein prohibits your exercise of any express statutory rights you may have under Applicable Law in relation to the Portal.
1.4 You further agree and acknowledge that:
(a) it shall be your sole responsibility to, at your own cost:
(i) obtain all necessary hardware, software and communications services necessary for your use of the Portal;
(ii) install antivirus or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of the Portal; and
(iii) make back-ups of your data, as the data on the Portal may be subsequently deleted by us or our service providers at any time without notice to you;
(b) you shall:
(i) Comply fully with all the directions and/or instructions issued by us from time to time in respect of the use of this Portal;
(ii) Comply with all applicable laws and regulations in the use of this Portal;
(iii) Take such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a third-party; and
(iv) Make back-ups of data or other content posted via the Portal, as these may be subsequently deleted by us or our service providers at any time without notice to you;
(c) We shall have the right to monitor, screen, moderate, edit, censor, or otherwise control any activity, content, communication or material including, without limitation, discussions, chats, postings, transmissions, forums, message boards, bulletin boards, and the like on this Portal;
(d) We shall have the right (but not the obligation) to remove or disable access to any content which we deem to be potentially defamatory of any person, unlawful, objectionable in any way, in violation of any third-party rights, or for any reason whatsoever. Any editing or removal of any such content from the Portal shall be without prejudice to our other rights and remedies available at law. Without prejudice tot eh foregoing, we shall have the right to take any enforcement actions as we deem appropriate at our sole discretion, including but not limited to giving a written warning to you, removing any contents / post, recovering damages or other monetary compensation from you, suspending or terminating your user accounts (if any), or suspending your access to this Portal, and also the right to restrict, refuse or ban you from any and all future use of any other product, service and/or facility provided or offered by us;
(e) We shall have the right investigate any violation of the terms and conditions contained herein and may take any action we deem appropriate;
(f) The intellectual property rights in all materials published on Portal (including, but not limited to documents or data in any format, news articles, photographs, images, illustrations, audio clips and video clips) are owned by Frasers or the party credited as the provider of such materials. You shall at all times abide by all additional copyright notices, information, or restrictions contained in any materials accessed through the Portal;
(g) The licences granted herein do not confer on you any rights to use "Frasers", “Frasers Property”, “Frasers Experience” and/or “FRx” and any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the Portal (collectively "Trademarks"), all of which are and remain the property of Frasers;
(h) We shall have the right to:
(i) Automatically update the Portal and its components on your Device, add or remove functionalities, features or Services (collectively, "Portal Functions"), vary or impose user account rights, resource limits or fees or suspend or terminate Portal Functions and/or user rights;
(ii) Deny or restrict access to this Portal or any Portal Functions whether to any user or generally, or to block access from or to any resources, at any time, without ascribing any reasons whatsoever; and
in any such event, you agree that no claims shall lie against us or our agents or our service providers in connection therewith;
(i) We shall have the right to request from you information and data relevant to your use of this Portal at any time and to exercise our rights hereunder if you refuse to divulge such information and/or data or if we have reasonable grounds to suspect that you have provided inaccurate, misleading, or fraudulent information and/or data; and
(j) We shall have the right to report any activity we suspect to be in violation of any applicable law, statute, or regulation to the appropriate authorities and to co-operate with such authorities.
1.5 You acknowledge and agree that this Portal may use transmissions over the Internet which are never completely private or secure. You understand that any personal data, message, or information which you send in the course of the use of the Portal may be made public on the Portal, and also read or intercepted by others. Use of the Portal is entirely at your own risk.
1.7 The Portal may also use digital certificates. You are solely responsible for deciding whether or not to rely on such certificates and your reliance on any digital certificates is at your sole risk.
1.8 You further acknowledge that the Portal is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the Portal or the Portal Functions could lead to death, personal injury, or otherwise result in significant financial loss or business interruption.
1.9 Feedback and Information Submitted:
Any ideas, suggestions, and feedback about Frasers, the Portal or the Services that you provide to us are entirely voluntary, and you agree that Frasers may use such ideas, suggestions, and feedback for any purpose, any ideas, concepts, know-how or techniques contained in such information without compensation or obligation to you. Frasers shall not be subject to any obligations of confidentiality or privacy regarding such submitted information except as agreed by the relevant Frasers affiliate entity having the direct customer relationship or as otherwise specifically agreed or required by law.
2. Your Account
Registered tenants and/or authorised users will be granted access to the Portal via the registered email address. If in connection with your use of the Portal, you sign up or register for an account on the Portal, the following terms shall apply:
(a) To gain access to certain functionality, services of this Portal, you may be required to sign up for a user account whereby you may choose or we may assign you with (a) a login identification number(s) or name ("UserID") and (b) a personal identification number(s), password(s), symbol(s), key(s) and/or code(s) ("Password") for your account.
(b) We may at any time in its sole and absolute discretion forthwith invalidate the UserID and/or Password without assigning any reason, without prior notice and shall not be liable or responsible for any loss or damage suffered by or caused by you, or arising out of or in connection with or by reason of such invalidation.
(c) You are solely responsible for retaining the confidentiality of your UserID and Password and for any disclosure or unauthorised use thereof. You shall not at any time disclose your UserID or Password to any party (including without limitation any of our employees). We shall not be responsible or liable for any loss caused to or damage incurred or suffered by you or any person by reason of or arising from or as a consequence of any use of the UserID and/or Password and/or performing any transactions and/or obtaining and/or making any payment of any monies belonging to you. If you believe that the security of your UserID and/or Password has been compromised, you shall forthwith notify us immediately and obtain a new UserID and/or Password.
(d) Any use of or access to this Portal and any information, data, instructions, or communications referable to your UserID and/or Password shall be deemed to be (i) use or access of this Portal by you and/or (ii) information, data, instructions or communications transmitted or validly issued by you without further inquiry or investigation. You acknowledge and agree that we shall be entitled 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. We may also prescribe other security procedures applicable to the Portal, which you must comply with.
(e) We shall not be responsible or liable for any loss caused to or damage incurred or suffered by you or any person by reason of or arising from or as a consequence of any use of your account information and/or performing any transactions. If you believe that the security of your account information has been compromised, you shall forthwith notify us immediately.
(f) You acknowledge that unless you receive confirmation of receipt from us (whether by email, posted on-line or otherwise), your instructions and/or communications may not have been received and accordingly, may not be carried out. To the maximum extent permitted by law, we shall not be responsible or liable for any loss, damage or embarrassment incurred or suffered by you in relation to or in respect of any instructions, operations or transactions effected by you or purported to be effected by you through this Portal howsoever caused.
(g) By signing up for an account on the Portal, you represent and warrant that:
(ii) You will not authorise other persons to use your account nor transfer or assign it to any other person; and
(iii) You are not impersonating any other person, operating under an alias or otherwise concealing your identity.
We shall be entitled, in the exercise of our sole discretion, to (i) refuse your application or to terminate the use of your account if you fail to fulfil any one of the eligibility criteria above; and/or (ii) change the eligibility criteria for registration at any time.
(h) You may terminate your account at any time by giving Frasers notice in writing.
3.3 You warrant and represent to us that all personal data which is submitted to us by you through your use of the Portal and Services is complete, accurate, true, and correct.
3.4 The Portal may provide links to external sites whose data protection and privacy practices may differ from those set forth here. We are not responsible for the content and privacy practices of these other websites, and you agree to review and abide by the data protection and privacy notices of those sites.
3.6 Without prejudice to the foregoing, you hereby acknowledge and agree that:
(a) The amount and type of information received by Frasers depends on how you use the Portal. Frasers may collect and store information during normal Portal usage such as the name of your internet access service provider, the other Portals that referred you to the Portal, the pages you request, and the date and time of those requests;
(b) Frasers may use this information to generate statistics and measure site activity to improve the usefulness of customer visits;
(c) During normal usage of the Portal, Frasers does not collect or store information that will individually identify you (such as name, mailing address, e-mail address or phone number). However, Frasers may request such information to provide you with a service or correspondence. Such information (including your name, mailing address, e-mail address, type of request or other information) is collected, stored, and used in a manner appropriate to the nature of your request and is used to fulfil it. All information will be automatically purged 6 months from the date of events, unless otherwise required by applicable law;
(d) Any information you provide to Frasers is used to improve the services we provide you or for the development of its business and is not provided to any unrelated company's independent use; and
(e) If you decide without request by Frasers, to send us information that will identify you, for example in a message containing comments about this Portal or otherwise, Frasers will use such information to identify you but will not generally use it except to address or resolve the matter identified in your message.
4. Third-Party Content
4.2 You further acknowledge and agree that any use by you of any content made available through the Portal (including Third-Party Content) is entirely at your own risk. Frasers does not verify and is not in a position to verify any party’s rights to submit any content on the Portal, and Frasers takes no responsibility and assumes no liability, whether direct or indirect or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits or any other commercial damages or losses, for any content provided by any third-party, or for your use of the same.
4.3 We shall have the right (but not the obligation) to remove or disable access to any content which we deem to be potentially defamatory of any person, unlawful, objectionable in any way, in violation of any third-party rights, or for any reason whatsoever. Any editing or removal of any such content from the Portal shall be without prejudice to our other rights and remedies available at law.
5. No Endorsement
5.1 You agree that all content (including Third-Party Content) made available on the Portal is of a general nature and does not purport, and shall not in any way be understood as constituting an offer or provision of any inducement, invitation or recommendation relating to any products, services or investments nor constitute investment, financial, legal or tax advice or recommendation.
5.2 You acknowledge and agree that Frasers:
(a) Does not endorse or recommend any products or services via this Portal and that any arrangement entered into between you and any other user of the Portal or any third-party named or linked to from the Portal is at your sole risk and responsibility; and
(b) Is not responsible for any Third-Party Content or any decisions made by you based on any information posted on the Portal. You further understand, acknowledge and agree that we make no warranties or representations in respect of, nor do we guarantee the accuracy, timeliness, completeness, integrity or quality of any Third-Party Content or any other content or material which may be accessed or made available via the Portal.
6. Third-Party Sites and Links
6.1 Links to third-party sites may be made available on the Portal. We have no control over such third-party sites, and you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services, or materials on or available through such sites or resources, including Third-Party Content. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site or resource.
6.2 You further acknowledge that your access to and/or use of third-party sites is entirely at your own risk, and that third-party sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those sites and resources.
6.3 We do not warrant that the third-party sites will meet your requirements or that the same will not cause you any loss of any kind, and you agree that to the maximum extent permitted by law, Frasers shall not be liable for any loss or damage of any kind incurred in connection with your use or reliance on any content, information or other materials on or available through such third parties.
7. Disclaimer of Warranties and Liability
7.1 To the maximum extent permitted by law, you irrevocably agree and acknowledge that:
(a) The Portal (together with any Portal Functions, Third-Party Content or other content or information provided via the Portal) are provided on an "as is" and "as available" basis, with all faults and without warranty of any kind. Your use of the Portal is at your own risk, and you are responsible for compliance with all Applicable Laws;
(b) We do not warrant that the Portal Functions contained in or performed, provided, or enabled by or through the Portal will meet your requirements, that the operation of the Portal will be uninterrupted or error-free, or that defects in the Portal will be corrected. Without prejudice to the foregoing, Frasers does not warrant and hereby disclaims any representation, warranty, or term with respect to the Portal, whether express, implied or statutory, including but not limited to:
(i) Merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement of third-party rights, or as to the accuracy, correctness, reliability, timeliness, non-infringement of or compliance with any laws, regulations and/or third-party rights in connection with the Portal, Portal Functions or Third-Party Content;
(ii) The Portal or any Portal Functions associated therewith being uninterrupted or error-free, or that defects will be corrected or that this Portal and any related computer system is and will be free of all viruses and/or other harmful elements;
(iii) The Portal or any Portal Functions or Third-Party Content will at all times be available and/or accessible;
(iv) Non-interference with your enjoyment of the Portal; and
(v) The Portal being compatible or working with any third-party software, applications or third-party services.
7.2 You expressly acknowledge and agree that, to the maximum extent permitted by Applicable Law, use of the Portal and any Portal Functions performed.
7.3 Further, nothing in this Agreement constitutes any representation or warranty by Frasers as to your rights (if any) to use any content submitted by any third parties, including Third-Party Content, all of which representations and warranties are expressly disclaimed.
8.1 You agree to fully indemnify and hold harmless Frasers, our affiliates, officers, employees, agents and service providers (collectively, the "Indemnitees") from and against any claim, demand, loss, damage, cost, or liability (including legal fees) which any of the Indemnitees may suffer or suffers in connection with or arising from (a) your breach of this Agreement; (b) your access or use of the Portal and the Portal Functions; (c) any action taken by us either as part of our investigation of any suspected breach of this Agreement or as a result of our finding or decision that a breach of this Agreement has occurred; (d) your breach of any rights of any other person. You shall cooperate as fully as reasonably required in the defence of any such claim, action or proceeding. Frasers reserves the right, at its own expense, to assume the exclusive defence and control of any claim or matter subject to indemnification by you.
8.2 This Clause 8.1 shall survive the termination or expiration of this Agreement (howsoever caused).
9. Limitation of Liability
9.1 To the maximum extent allowed under Applicable Law:
(a) Frasers, our affiliates, members, officers, employees, agents, partners and service providers shall not be liable for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result (direct or indirect) of or otherwise in connection with your use of or reliance on the Portal, including but not limited to any claim, damage or loss suffered (whether incidental, special, indirect or consequential) as a result of or in connection or in reliance of any Third-Party Content or other content or any other information made available or accessed on or through the Portal or contained in or available from the Portal or your use or reliance on any products or services available on or accessed via the Portal and / or the Portal Functions or any infringement of any rights arising in connection therewith, including without limitation any loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, regardless of the cause thereof and even if we have been advised of the possibility thereof; and
(b) In no event shall Frasers, our affiliates, members, officers, employees, agents, partners and service providers be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Portal or any third-party software or applications in conjunction with the Portal, howsoever caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.
9.2 In no event shall Frasers', our affiliates', officers', employees', agents', partners, and service providers' total liability to you for any and all damages not excluded (other than as may be required by Applicable Law in cases involving personal injury) exceed in aggregate S$10.
10.1 We reserve the right to terminate or suspend your use of the Portal without prior notice to you, at any time and for any or no reason. Without limiting the foregoing, if you breach this Agreement, or conduct yourself in a manner that we deem to be detrimental to the integrity, security and operation of the Portal or any information systems connected or in operation with the same, we reserve the right to suspend or permanently terminate your access to the Portal for any reason in our sole and absolute discretion.
10.2 You agree and acknowledge that any suspension or termination of your access to the Portal may be effected without prior notice, and agree that the Portal may immediately deactivate.
11.1 This Agreement constitutes the entire agreement between you and Frasers relating to the Portal and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding on Frasers unless in writing and signed by Frasers' authorised representatives.
11.2 Any translation of this Agreement is only for informal guidance, and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.
11.3 The illegality, invalidity, or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
11.4 The provisions of this Agreement are severable, and if any provision, or any portion thereof, is determined by a competent court or tribunal to be illegal, invalid or unenforceable for any reason, any remaining portion of that provision, and all other provisions of this Agreement, shall remain valid and enforceable to the fullest extent permitted by law in order to give effect to the intention of the parties' to this Agreement.
11.5 No omission or delay on a party to this Agreement in exercising any or part of its rights under this Agreement shall operate as a waiver thereof.
11.6 The rights provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
11.7 You shall not delegate, assign, sub-license, sub-contract or otherwise deal with any of your rights and/or obligations under this Agreement without Frasers' prior written consent. Frasers may, by way of written notification to you, delegate, assign, sub-license, sub-contract or otherwise deal with any of its rights and/or obligations under this Agreement.
11.8 The parties to this Agreement hereto are independent contractors, and nothing in this Agreement shall create, or be deemed to create, a partnership between the parties to this Agreement.
11.9 Except for the Indemnitees referred to in Clause 8.1, A person who is not a party to the Agreement shall have no right to enforce or enjoy the benefit of any term of this Agreement under the Contracts (Rights of Third Parties) Act (Chapter 53B).
12. Governing Law
12.1 This Agreement (including the specific sets of terms and conditions governing each Service on the Portal) shall be governed by, and construed in accordance with, the laws of Singapore. You hereby submit to the non-exclusive jurisdiction of the Singapore courts.
13. Notice and Procedure for Making Claims of Copyright Infringement
13.1 If you believe that your copyright material has been copied in a way that constitutes copyright infringement, please provide written notice to us with full details as prescribed in the Singapore Copyright Act (No. 22 of 2012) and the Copyright Regulations 2021, to be submitted to our designated representative, at the following email address: ICE@frasersproperty.com.
13.2 We will only process notices in the English language that comply with the Singapore Copyright Act, other Applicable Laws, and this Agreement. Any notices that do not comply with the above will be rejected.
13.3 Upon receipt of a compliant notice of infringement, Frasers may take further steps in depending on the nature of the alleged infringement described in the notice, which may include the matters described in the Singapore Copyright Act as applicable to network service providers.
14. Specific Terms and Conditions
In addition to the aforementioned general terms and conditions, specific terms and conditions of each module shall also apply to the provision of various Services through this Portal, including without limitation the following terms and conditions:
(a) Specific Terms And Conditions For Amenities Booking System;
(b) Specific Terms And Conditions For Season Parking Application System;
(c) Specific Terms And Conditions For End-Of-Trip Facilities Booking System;
(d) Specific Terms And Conditions For Contractors Registration System.
(e) Specific Terms And Conditions For Tenant Communication
(f) Specific Terms And Conditions For Tenant Invoices
(g) Specific Terms And Conditions For Service Requests
15. Contact Us
If you have any queries, you may contact us by email at email@example.com.