TERMS AND CONDITIONS OF USE OF BY THE BAY MOBILE APPLICATION

The following Terms and Conditions of Use (“Terms”) govern your use of the By The Bay mobile application (the “App”) 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. Agreement

2. Interpretation

    2.1 Definitions

    In these Terms, unless stated otherwise, each of the following words has the meaning stated below:

  1. “Affiliate” in respect of a Building Owner means (i) an entity that directly or indirectly owns more than 50% of the voting shares of the Building Owner, (ii) an entity that controls the Building Owner, (iii) an entity that is controlled by the Building Owner; or (iv) an entity that is under the same control as the Building Owner;

  2. the “App” means the By The Bay mobile application which is owned and operated by RQAM and includes the information, content, data, text, images, links, sounds, graphics and video sequences displayed in the App and the Services;

  3. “Building Owners” shall have the meaning given to it in Clause 9.2 and “Building Owner” shall mean any one of them;

  4. ”Materials” includes information, content, data, text, images, links, sounds, graphics and video sequences displayed in the App;

  5. “Merchant” or “Service Provider” refers to a third party entity whose products and/or services are offered for sale or supply to you on or through the App;

  6. “personal data” is information about an individual who can be identified from that information or from that information and other information to which we have access.

  7. “Services” means the services offered in the App by us, the Building Owners and their Affiliates or third parties;

  8. “we”, “us” and RQAM refer to Raffles Quay Asset Management Pte Ltd;

  9. “You” and “user” refers to you, the user of the App, and includes corporate entities which register and open an account to use the App;

    2.2 Rules of construction

  1. A reference to a person includes any individual, company, corporation, firm, partnership, joint venture association, organisation, trust, state or agency of a state (in each case, whether or not having separate legal personality).

  2. The headings are for convenience and do not affect the interpretation of any clause.

  3. Words in the singular include the plural and vice versa.

  4. Words in one gender only include all genders.

  5. Unless otherwise stated, a word, provision or clause does not limit the effect of another.

  6. Reference to the whole includes part.

3. Registration

    3.2 Eligibility and Capacity

    When you register for an account, you undertake and warrant to us that:

  1. if the account is for you personally, you are at least 18 years old and you have the legal authority and capacity to enter into a valid and binding agreement between you and us, and between you and any Merchant or Service Provider; and

  2. if the account is for a business entity, a corporation or an organisation (the “Entity”), you have the legal authority to create valid and binding legal obligations on behalf of the Entity and the Entity has the legal capacity and authority to enter into a valid and binding agreement with us and any Merchant or Service Provider.

4. Use of the App

    4.2 Restrictions on Use

    Use of the App for any purpose which is not expressly permitted by these Terms is prohibited. 

    You must not:

  1. use the App in any manner that could damage, disable, overburden or impair the App or any of its functionalities;

  2. intercept or attempt to intercept any communication transmitted by way of a telecommunication system;

  3. attempt to gain unauthorised access to the App, accounts, computer systems or networks connected to the App, through hacking, password mining or any other means or circumvent our security or network to access data not intended for you;

  4. attempt to obtain Materials or information through any means not intentionally made available through the App;

  5. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;

  6. upload, distribute files which you know or have reason to suspect contain viruses, corrupted files or any other similar software, programmes, macros or files that may interfere with the operation of the App;

  7. insert a hyperlink to the App;

  8. use this App or the goods or services purchased through the App for illegal purposes;

  9. interfere with any other party's use and enjoyment of the App; or

  10. post, promote or transmit through the App any unlawful, harassing, defamatory, threatening harmful, vulgar, obscene or otherwise objectionable material or any kind.
    4.3 Notifications and Alerts

    You agree to receive pre-programmed notifications on the App in relation to the App or the Services on your mobile telephone or other devices.

     

5. Community Forums

6. Links to Third Party Applications and Websites

    6.3 Merchants and Service Providers

    Without affecting Sections 6.1 and 6.2 above, we may from time to time permit Merchants and/or Service Providers to offer products and/or services via the App and/or include hyperlinks on the App to products and/or services available on Merchants’ and/or Service Providers’ website(s) and/or application(s).  You agree that:

  1. The links are provided for your convenience and are not an endorsement by us of any Merchant or Service Provider by us or of the contents of such websites or products or services;

  2. We do not make any representation in relation to or warranty of any of the Merchant or Service Provider or the products and/or the services provided by any Merchant or Service Provider;

  3. All products sold, services rendered and information provided by such Merchants or Service Providers are those of the respective Merchant or Service Provider and not by us and are subject to the terms and conditions of sale or service of each such Merchant or Service Provider;

  4. Unless we expressly state otherwise, we are not party to any contract between you and any Merchant or Service Provider and if you enter into any contract for the supply of goods or services with any Merchant or Service Provider and you enter into such contracts at your own risk; and

  5. We do not accept any liability for damage or loss, however caused in connection with or arising from the use of or reliance on any information, material, products or services contained or accessed through such websites or applications.

7. Intellectual Property

8. No Warranty

9. Personal Data

    9.1 Consent given upon registration

    By registering as a user for the App and submitting your personal data to us, you consent to the collection, use, disclosure and/or processing of your personal particulars, including your personal data, by us, the Building Owners and their respective Affiliates, and our agents and contractors for the following purposes:

  1. assess, verify, fulfil, process, service and/or manage your application and account, which includes but is not limited to updating the register of users and data relating to users;

  2. maintain your account with us;

  3. verify the identity of applicants and/or persons acting on behalf of an applicant or user;

  4. render or provide products, services and facilities in connection with the App, which may include but is not limited to the application and the awarding and redemption of loyalty points, or to otherwise to develop, enhance or improve the App and/or the Services;

  5. process, facilitate, complete, confirm, fulfil or carry out any transaction or dealing entered into between you and us or any of the Building Owners;

  6. fulfil, process, manage and/or facilitate your participation in promotions and other activities conducted or organised by us, which includes but is not limited to processing or facilitating redemption activities;

  7. notify you of updates in connection with the App and the Services;

  8. communicate with you changes and development to our policies, terms and conditions and other administrative information, including for the purposes of servicing you in relation to the App and the Services;

  9. resolve complaints and handling requests and enquiries;

  10. matching your personal data with other data collected for other purposes and from other sources (including third parties) in connection with the provision of the Services;

  11. conduct market research for statistical, profiling and statistical analysis for the improvement of the Services; and

  12. aggregate users’ data into anonymised statistical data, and share such anonymised data with third parties, such as advertisers, marketing and business partners, for marketing and promotion purposes.

    9.2 Specific Consent for Marketing

    Where you have given specific consent, you agree to the collection, use, disclosure and /or processing of your personal particulars, including your personal data by us, the Building Owners, our agents and contractors for the following purposes:

  1. send you marketing and promotional messages in relation to offers, benefits, privileges and promotions available on or via the App (including via voice calls, sms, or other modes of communication using your e-mail address and telephone numbers, which we have in our records from time to time or otherwise available publicly); and

  2. where you participate in promotions, collecting, using and disclosing the photographs, videos or audio-videos or other recordings of you taken or made in connection with the promotions.

10. Exclusion of liability

    You accept and agree that we 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. any access, use or the inability to access or use the App, or reliance on the Materials in the App;

  2. any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus or other malware;

  3. any use of or access to any other websites linked to this App;

  4. any participation in respect of or in connection with any of our rewards, redemption or membership programmes;

  5. any products, or any Material obtained from this App or from any website or application linked to the App; or

  6. any use of the Services provided in or via the App, even if we, our agents or employees have been informed or have knowledge of the possibility of such damages, losses and/or expenses.

11. Indemnity

12. Assignment

13. Severability

14. No waiver

15. No representation and entire agreement

16. Applicable law and jurisdiction

17. Third Party Rights

18. Contact Us