The following Terms and Conditions of Use (“Terms”) govern your use of the By The Bay Tenant Administrator Portal (the “Portal”) owned and operated by Raffles Quay Asset Management Pte Ltd (“RQAM”). Please read all the provisions of these Terms. These Terms contain exclusions of warranties and liabilities.

1.1Tenant has appointed one or more of its employees who is/are authorised to access this Portal and whose name(s) has/have been given to RQAM (each such employee referred to as “Tenant Administrator”). Such Tenant Administrator(s) shall be deemed to have authority to access the Portal and the Individual Access Data until RQAM receives written notice in writing of the withdrawal of such authority.
1.2Tenant agrees to and accept these Terms. Tenant Administrator acknowledges that he has read and understood these Terms. By accessing the Portal or continuing to access the Portal, Tenant Administrator, on behalf of Tenant and himself, agrees to and accepts these Terms.
1.3Tenant Administrator represents and warrants that he has been authorised to access the Portal and that his authority is valid and has not been withdrawn at the time of access.
1.4If Tenant does not agree to or cannot comply with these Terms, Tenant is not permitted to use this Portal.
1.5RQAM may from time to time update these Terms without prior notice. Please check this page from time to time for updates. Changes will be effective when they are posted. If Tenant does not agree to or cannot comply with the revised Terms, please stop using the Portal. Tenant is deemed to have agreed to the revised Terms if Tenant continues to access or use the Portal.
2.1In these Terms, the following words and expressions shall have the meanings respectively assigned to them hereunder unless otherwise expressly indicated:
"Building"Means the building where premises in respect of which Tenant has entered into a lease with the relevant Building Owner;
"Building Owners"means BFC Development LLP, Central Boulevard Development Pte Ltd and One Raffles Quay Pte Ltd and “Building Owner” shall mean any one of them;
"Confidential Information"means:
  1. (a) these Terms;
  2. (b) information relating to a Party which is by its nature confidential or which is designated by that Party as confidential;
  3. (c) information relating to a Party which the other Party knows or has reason to know or believe is confidential; and
  4. (d) the Individual Access Data and information relating to the RQAM Building;
"Individual Access Data"means data from the RQAM System, which includes Personal Data collected from the use by any person of any access card, including turnstiles and at the entrances to service lifts and corridors, by Tenant’s employees and visitors to gain entry to any part of the Building.
"PDPA"means the Personal Data Protection Act 2012 of Singapore (No.26 of 2012) and any regulations or guidelines as may be promulgated or issued thereunder (as may be amended from time to time);
"Party"means either Tenant or RQAM;
"Permitted Purposes"means the following purposes only:
  1. (a) verifying the identity of the Relevant Individuals; and
  2. (b) managing the safety and security of Tenant’s premises;
"Personal Data"means any data, whether true or not, about an individual who can be identified:
  1. (a) from that data; or
  2. (b) from that data and other information to which the organisation has or is likely to have access;
"Portal"means this By The Bay Tenant Administrator Portal;
"Processing"means the carrying out of any operation or set of operations in relation to Personal Data, and includes any of the following:
  1. (a) recording;
  2. (b) holding;
  3. (c) organisation, adaptation or alteration;
  4. (d) retrieval;
  5. (e) combination;
  6. (f) transmission; and
  7. (g) erasure or destruction;
"Relevant Individuals"means employees and visitors of Tenant
"RQAM System"means the in-house system owned and operated by RQAM which, inter alia, collects Individual Access Data in the Building;
"Services"means the Access Card Management service, Visitor Invitation service, Individual Access Data access and such other services as may be provided by RQAM on the Portal from time to time;
"Tenant Administrator"shall have the meaning given to it in clause 1.1;
"Terms" or "Terms and Conditions"means these Terms and Conditions and shall include all supplements, variations, amendments and modifications thereto from time to time made in accordance with the terms herein;
2.2In these Terms:
(a) references to “these Terms” include all amendments, additions and variations thereto agreed between the Parties;
(b) the headings and sub-heading are for convenience only and shall not affect the construction of these Terms;
(c) unless the context otherwise requires the singular shall include the plural and vice versa;
(d) the words ‘other’ and ‘otherwise’ are not to be construed ejusdem generis with any foregoing words, and whatever the words “include”, “includes” or “including” are used in these Terms, they shall be deemed to be followed by the words “without limitation”;
(e) references to a person shall be construed as including references to an individual, firm, company, corporation, unincorporated body of persons or any State or agency thereof;
(f) any reference to a statute, statutory provision or other legislation includes:
  1. (i) any order, regulation, instrument or other subordinate legislation made under it; and
  2. (ii) except where the contrary is stated or the context otherwise requires, any amendment, extension, consolidation, re-enactment or replacement of it,
for the time being in force.
2.3Unless otherwise expressly stated, Tenant shall perform all of its personal data protection obligations under these Terms at its sole cost and expense.
3.1Tenant acknowledges and agrees that access to the Portal and the Services available on the Portal shall be restricted only to Tenant Administrator(s) and shall ensure that Tenant Administrator(s) comply with these Terms, such other terms as may be applicable to a particular Service and such other terms as may be notified by RQAM to the Tenant.
3.2RQAM reserves the right to withdraw, add and/or change the Services available on the Portal and to restrict access to any Service on the Portal.
4.1Subject to strict compliance with these Terms, Tenant Administrator(s) will have access to Individual Access Data of Relevant Individuals via the Portal. Tenant acknowledges and agrees that Tenant shall only Process and use the Individual Access Data relating to the Relevant Individuals (and no other individuals) for the Permitted Purposes only and for no other purpose.Tenant shall ensure that all necessary consents for disclosure by RQAM to Tenant of Individual Access Data, in the form prescribed by RQAM, are obtained from the Relevant Individuals for the disclosure of the Individual Access Data to Tenant by RQAM to the extent required under the PDPA.Tenant shall keep records of such consents and shall, upon reasonable request by RQAM, provide copies of such consents to RQAM and/or allow RQAM to inspect the consent records kept by Tenant.
4.2Without prejudice to the foregoing, Tenant agrees and undertakes to RQAM:
  1. (a) to return or destroy (at RQAM’s direction) the Individual Access Data which Tenant has in its possession or under its control every three (3) months or such other period as RQAM may notify to Tenant from time to time, and where RQAM directs that the Individual Access Data be destroyed, to provide proof to RQAM’s satisfaction that the Individual Access Data has been destroyed;
  2. (b) to implement all technical and administrative measures necessary in Tenant’s own systems to ensure that Tenant does not collect, use or Process any Individual Access Data which relates to individuals other than the Relevant Individuals;
  3. (c) to implement security measures, including administrative, physical and technical safeguards and use best available security practices and systems applicable to the Individual Access Data to ensure that the Individual Access Data disclosed by RQAM to Tenant is afforded protection in accordance with the PDPA and other applicable laws and to prevent corruption, unauthorised access, collection, use, disclosure, coping, modification, disposal of the Individual Access Data or other similar risks;
  4. (d) that it shall take prompt and proper remedial action against the unauthorised access, copying, modification, storage, reproduction, display or distribution of Individual Access Data;
  5. (e) not to delete or remove any proprietary notices or other notices contained within or relating to the Individual Access Data;
  6. (f) not to alter, store, copy, disclose, modify, amend or use the Individual Access Data in any form or manner, except as strictly necessary for the Permitted Purposes;
  7. (g) to comply with all applicable laws (including the PDPA);
  8. (h) to comply with such guidelines, directions and notices which RQAM may prescribe and notify to Tenant from time to time;
  9. (i) to cooperate with RQAM and provide such information as RQAM may reasonably require from time to time in connection with the disclosure of Individual Access Data from RQAM to Tenant;
  10. (j) to ensure that Tenant’s systems are kept up-to-date, including downloading and installing patches on a regular basis;
  11. (k) that the Individual Access Data will only be used and Processed by the Tenant’s employees, agents and/or service providers on a need-to-know basis;
  12. (l) that all of its employees, agents and service providers who are required to access the Individual Access Data in connection with the Permitted Purposes under these Terms are aware of the Permitted Purposes and will not handle any Individual Access Data in a manner exceeding the Permitted Purposes; and
  13. (m) not to transfer the Individual Access Data out of Singapore save in accordance with the PDPA.
5.1If Tenant becomes aware of any collection, use or disclosure of any Individual Access Data transmitted to it in connection with these Terms otherwise than as permitted under these Terms, or any misuse of any such Individual Access Data, or any security breach in connection with these Terms that could compromise the security or integrity of such Individual Access Data or otherwise adversely affect RQAM or expose it to any claim, action or proceeding or if Tenant learns or suspect that any Individual Access Data collected in connection with these Terms may have been or is at risk of having been disclosed to or obtained by any unauthorised person, Tenant shall at its own expense:
  1. (a) promptly notify RQAM and make all reasonable efforts to assist RQAM in relation to the investigation and remedy of such breach of security and any claim, allegation, action, proceeding or litigation with respect to this unauthorised access, use or disclosure of Individual Access Data; and
  2. (b) comply with all legal, regulatory or other requirements and best practices relating to the RQAM System or Tenant’s system (as the case may be) and the Individual Access Data which either Party may be subject to or be required to comply with.
6.1Tenant warrants, represents and undertakes to RQAM that:
  1. (a) it is duly established and existing under the laws of its country of incorporation;
  2. (b) it has the full power, legal capacity and authority to enter into and perform its obligations under these Terms; and
  3. (c) these Terms will remain valid, binding and enforceable against Tenant.
6.2Without prejudice to the foregoing, Tenant acknowledges and agrees as follows:
  1. (a) the Individual Access Data are provided on an “as in” and “as available” basis, with all faults and without warranty of any kind and that Tenant’s use of the Individual Access Data is at its own risk;
  2. (b) RQAM does not warrant that the Individual Access Data will be accurate or that it will meet any of Tenant’s requirements;
  3. (c) RQAM does not warrant that the Portal and the Individual Access Data are free from virus or any other malicious, destructive or corrupting code, program or macro;
  4. (d) no information obtained by Tenant from the Portal shall create any warranty unless expressly stated in these Terms; or
  5. (e) any content, information and materials (including the Individual Access Data) downloaded or otherwise obtained through the use of the Portal is done at Tenant’s own discretion and risk and Tenant shall be solely responsible for any damage to Tenant’s computer system or device or loss of data that results from the download of any such content, information or material.
7.1Tenant shall keep complete and proper books, records and documentation relating to all collection, use, processing and disclosure of Individual Access Data, and shall, upon reasonable notice by RQAM, furnish such information as RQAM may reasonably require to comply with its obligations under all applicable laws (including the PDPA).
8.1Subject to Clause 8.2, Tenant shall keep Confidential Information disclosed to it by RQAM confidential and must not, at any time without the prior written consent of RQAM, use it for any purpose other than the Permitted Purposes nor disclose it to any other person and must take reasonable steps to prevent its unauthorised use or disclosure.
8.2Clause 8 does not apply to:
  1. (a) any Confidential Information which becomes generally known to the public, other than by reason of any wilful or negligent act or omission of Tenant, or any of its representatives;
  2. (b) any Confidential Information which is required to be disclosed pursuant to any applicable law or to any competent governmental or statutory authority or pursuant to rules or regulations of any relevant regulatory, administrative, or supervisory body, provided that Tenant shall first consult with RQAM to the extent practicable having regard to these obligations about the form and content of the disclosure and must ensure that all permitted disclosures are kept confidential;
  3. (c) any Confidential Information which is required to be disclosed pursuant to any legal process issued by any court or tribunal whether in Singapore or elsewhere or in connection with any legal proceedings between the Parties; and
  4. (d) any disclosure by Tenant to its respective bankers, financial advisers, consultants, and legal or other advisers for the purpose of these Terms, subject to their being bound to maintain the confidentiality thereof.
8.3Tenant acknowledges and agrees that any breach of the terms of this Clause 8 will result in irreparable harm to RQAM or a Building Owner for which damages would not be an adequate remedy, and that RQAM shall, in addition to any other relief and/or remedies available at law, be entitled in respect of any actual or threatened breach of the obligations under these Terms to seek equitable relief (whether in the nature of injunction, specific performance and other equitable relief) without having to provide any form of security and that Tenant shall not object to the granting of such equitable relief on any grounds.
8.4This Clause 8 shall survive the termination of access to this Portal or Individual Access Data.
9.1Tenant agrees and undertakes to RQAM to fully defend, indemnify and hold harmless RQAM and its related corporations or associated companies as well as their respective employees, representatives, agents and officers (“Indemnitees”) from and against any claim, action, demand or complaint, as well as all liabilities, judgments, penalties, compounds, losses, costs, damages and expenses that any or all of the Indemnitees may suffer in connection with any breach of these Terms, and any failure to comply with any data protection or privacy laws in any relevant jurisdictions, and whether arising on account of the actions of Tenant, its employees, representatives, agents, service providers or otherwise howsoever. This clause shall continue in full force and effect after termination and expiration of these Terms.
10.1Without prejudice to the foregoing, RQAM may terminate Tenant’s access to the Portal or to the Individual Access Data immediately by notice in writing upon the occurrence of any of the following events:
  1. (a) Tenant is no longer a tenant of the Building;
  2. (b) Tenant is in material breach of any of the terms of its lease agreement in connection with the Building;
  3. (c) if Tenant commits a material breach of any of the terms and conditions contained in these Terms, which breach is capable of being remedied, and fails to remedy such breach within 7 days of receiving written notice of such breach from RQAM;
  4. (d) if Tenant commits a material breach of any of the terms and conditions contained in these Terms and such breach is incapable of being remedied;
  5. (e) if Tenant:
    1. (i) goes into liquidation (whether voluntary or compulsory);
    2. (ii) enters into an arrangement or composition for the benefit of its creditors;
    3. (iii) if a receiver or manager is appointed in respect of its assets or undertaking or any part thereof;
    4. (iv) if an order shall have been made or a petition be presented or an effective resolution be passed for the winding up of Tenant, otherwise than for the purpose of reconstruction or amalgamation with the prior written consent of RQAM, such consent not to be unreasonably withheld;
  6. (f) if Tenant threatens to or is wound-up or ceases to exist; or
  7. (g) if Tenant commits any act or omission that in the reasonable opinion of RQAM prejudices the reputation of RQAM.
10.2Upon termination of access to this Portal or Individual Access Data, Tenant shall return or destroy the Individual Access Data in accordance with the instructions of RQAM and shall provide to RQAM all documentation, books, records and evidence of any and all consents or agreements with third parties relating to such Individual Access Data.
11.1Upon the termination of access to this Portal or access to Individual Access Data, all rights and obligations of the Parties under these Terms shall cease, save that those rights or obligations of the Parties under any provisions which are expressly or by implication intended by the Parties to survive termination, shall survive and continue after termination of these Terms and shall bind the Parties.
11.2Termination of access to this Portal or access to Individual Access Data shall not affect or prejudice any accrued right or liability of either Party or any other obligation surviving the termination of these Terms or any rights or remedies of either Party under these Terms or at law.
12.1Tenant accepts and agrees that RQAM shall not in any event be liable for any damages, loss or expense, including without limitation, direct or indirect, special or consequential or punitive damages, economic loss, arising from or in connection with:
  1. (a) any access, use or inability to access or use the Portal, or reliance on the Individual Access Data in the Portal;
  2. (b) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malware; and
  3. (c) any use of or access to any other websites linked to the Portal.
13.1A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act (Rev. Ed. 2002, Chapter 53B) to enforce any of its terms.
14.1These Terms constitutes the entire agreement and understanding between the Parties relating to the subject matter of these Terms and Tenant has entered into these Terms without reliance upon any representation, warranty or undertaking of RQAM which is not set out or referred to in these Terms. Nothing in this Clause 0 shall however operate to limit or exclude liability for fraud.
15.1Save as is otherwise specifically provided in these Terms, the Parties shall not be liable for failures or delays in performing their obligations hereunder arising from any cause beyond their control, including without limitation, acts of God, acts of civil or military authority, fires, strikes, lockouts or labour disputes, epidemics, governmental restrictions, wars, terrorist acts, riots, earthquakes, storms, typhoons, floods and breakdowns in electronic and computer information and communications systems and in the event of such delay, the time for the Parties’ performance shall be extended for a period equal to the time lost by reason of the delay which shall be remedied with all due despatch in the circumstances.
16.1The illegality, invalidity or unenforceability of any provisions of these Terms 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.
17.1Tenant shall, at its own expense, do and execute or procure to be done and executed all such further acts, deeds, things and documents as may be necessary to give effect to these Terms.
18.1No failure on the part of RQAM to exercise, and no delay on its part in exercising, any right or remedy under these Terms will operate as a waiver thereof, and any single or partial exercise of any right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy.
The provisions of these Terms are severable, and if any provision, or any portion thereof, is determined by a competent court to be invalid, illegal, or unenforceable for any reason, any remaining portion of that provision, and all other provisions of these Terms, shall remain valid and enforceable to the fullest extent permitted by law and equity in order to give effect to the Parties’ intentions.
20.1These Terms shall be governed by, and construed in accordance with, the laws of Singapore.
20.2The Parties agree to irrevocably submit to the exclusive jurisdiction of the courts of Singapore.
In respect of any matters relating to the use of the Portal and these Terms, Tenant may contact us at management@rqam.com.sg