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.
You acknowledge that you have read and understood these Terms.
By downloading, accessing or using the App or continuing to access or use the App, you agree and accept these Terms.
If you do not agree to or cannot comply with these Terms, please do not download or use the App.
We 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 you do not agree to or cannot comply with the revised Terms when you access or re-access the App, please stop using the App and uninstall it.
If you continue to access or use the App, you are deemed to have agreed to the revised Terms.
As the App is distributed through Apple App Store or Google Play Store (“Distribution Platform”) on terms and conditions (“Distribution Terms”) that bind us as the developer and/or user of the Distribution Platform. These Distribution Terms are publicly available. You are deemed to have notice of the Distribution Terms, including the terms which we are required to notify you and you agree to be bound by and to observe and perform the terms and conditions in the Distribution Terms that are applicable to you as the end user of the App.
In these Terms, unless stated otherwise, each of the following words has the meaning stated below:
In order to use the App, you must register and apply for an account with us.
Approval of the application is at our sole and absolute discretion.
You must not mask your identity by providing false or inaccurate information.
When you register for an account, you undertake and warrant to us that:
You will be requested to provide your name, the month you were born, a valid email address and telephone number belonging to you to create a user account.
You are solely responsible for maintaining the confidentiality and security of your user account, User ID, any password and other registration information you provide to us when registering for the account.
You agree to inform us in writing of any unauthorised use of your user account, User ID or password or other registration information.
We will not be responsible or liable for any loss or damage incurred or suffered by you or any person due to, as a consequence of or arising from any use of your user account, User ID and/or password and/or performing any transactions and/or obtaining and/or making payment of any monies belonging to you.We may at any time, without assigning any reason and without notice, invalidate your User ID, password and terminate your account.
If you provide us or use information you are not authorised to provide, your account will be immediately terminated.
Any act or omission that in any way violates these Terms or any posted restrictions or guidelines may result, at our sole discretion, in the termination of your account.
We shall have the right to investigate and prosecute any violation of any of these Terms to the fullest extent of the law.
Where applicable, we will co-operate with law enforcement authorities in prosecuting any violation of these Terms (including but not limited to the provisions in Section 4.2 below) that are also a breach of applicable laws.
The App is provided as a convenience and use of the App are subject to these Terms.
We may from time to time without giving any reason and without prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, the App and/or any information, Materials, Services, functionality or products provided therein.
We may, but are not obligated to, update the App from time to time to improve performance, enhance functionality, reflect changes to the operating system or address any security issues. We may ask you to update the App you have installed for the above reasons.
If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App, and the Materials and/or Services contained in the App.
We shall not be liable if such upgrade, modification, suspension or alteration prevents you from accessing the App or any of the Materials or Services in the App.
Use of the App for any purpose which is not expressly permitted by these Terms is prohibited.
You must not:
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.
We will have no obligation to monitor community forums and postings in such forums. Postings are the sole responsibility of the person from whom such postings originate.
You understand and agree that you are placing the posting in the public domain and you agree to abide by these Terms and such additional terms as we may prescribe in relation to the community forums.
You are solely responsible for backing up any postings you make or any content you upload.
We reserve the right to review Materials posted or uploaded in the community forums in the App and to remove any Materials at our sole and absolute discretion without prior notice and without having to give any reason.
We further reserve the right to disclose any information as we deem necessary to satisfy any applicable law, regulation or legal process, or to edit, remove, or refuse to post any Materials in our sole discretion.
5.6 Our right to block accessWe shall be entitled, at our sole discretion or block your access to any community forum or any communication to or from the App.
We disclaim any liability with regard to the community forums or any actions resulting from your use of the community forums.
Any hyperlinks to any other websites or applications in this App, and/or any functionality embedded within this App which feature third party content are provided on an “as is where is” basis, and accessed and used at your own risk.
Such linked websites or applications are not under our control and we are not responsible for the contents of such linked websites or applications. We do not warrant the accuracy, reliability or integrity of the content, material, resources and other links provided by these third party elements, and have not investigated, verified, monitored the same nor do we endorse any of them. You are responsible for satisfying yourself of the fitness, suitability, quality, legality, appropriateness or any other aspect of third party sites and their products and/or services before using these links.
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:
All intellectual property rights, including copyright and goodwill in the App, the Materials and services provided through the App are owned by us, our licensors, the Merchants and/or Service Providers. Graphics and images in the App are protected by copyright.
Your use of this App does not grant you ownership of any intellectual property rights comprised in the App. If you download the App, ownership of the intellectual property rights in the software, any files, images in or generated by the software, any data accompanying the software, remains in us or our licensors.
7.3 Prohibitions on use of intellectual property rightsYou must not reproduce, republish, upload, post, transmit, distribute, modify, decompile or reverse engineer, in any way any part of the App without our prior written consent or the consent of the owner of the intellectual property rights.
Where you post content on community forums in the App, we do not claim ownership to such content. You grant us an irrevocable, royalty-free, perpetual, non-exclusive, worldwide right to use and exercise any rights comprised in any intellectual property and other rights you have in the content in connection with hosting, using, distributing, modifying, running, copying, publicly performing, communicating, displaying, translating and creating adaptations and derivative works of your content.
This App and all its Materials are provided on an “as is” and “as available” basis. We do not warrant the accuracy, adequacy or completeness of this App and/or its Materials. We expressly disclaim any liability for any errors or omissions in the Materials.
No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose, is given in conjunction with the Materials from this App.
We do not warrant that this App or any of the Materials in this App will be provided or updated in a timely manner, uninterrupted or free from errors or that any identified defect will be corrected.
We do not warrant that this App and its Materials are free from any virus or other malicious, destructive or corrupting code, program or macro.
No advice or information obtained by you from this App shall create any warranty unless expressly stated in these Terms.
Any content, information and material downloaded or otherwise obtained through the use of this App is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or device or loss of data that results from the download of any such content, information and material.
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:
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:
You agree that in the course of collection, use, processing and/or disclosure of your personal data, they may be transferred outside of Singapore.
If you wish to withdraw your consent to the collection, use, disclosure or processing of your personal data as set out above, or if you have any questions relating to your personal data, or if you would like to obtain access or make corrections to your personal data, please contact our Data Protection Officer in writing to :
Raffles Quay Asset Management Pte Ltd
1 Raffles Quay, #19-10, South Tower
Singapore 048 583
Or via email to:
If you choose to withdraw your consent for the collection, use, disclosure or processing of your personal data, we may have to terminate your access to the App as we may not be able to administer and maintain your account with us.
We will require not less than seven (7) working days’ notice for withdrawal of any consent.
All requests, questions and feedback will be evaluated by us in a timely manner and where a response is required, we will reply to you in writing.Please read our personal data Protection Policy at https://www.rqam.com.sg/data-protection-policy/. By using the App, you agree to be bound by the terms of our personal data Protection Policy, including without limitation, use of cookies.
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:
You agree to indemnify, keep indemnified and hold harmless RQAM, its officer, employees and agents from against all claims, losses, expenses, damages, costs and fees, including legal fees (on a full indemnity basis), resulting from any violation or breach by you of these Terms, any unauthorised access or use of content or services and consequences arising out of your access or use of this App.
The rights granted to you under these Terms are personal to you. You may not assign or transfer your rights to any other person or entity without our prior written agreement. You agree that we may assign and/or transfer this Agreement and our rights and obligations under this Agreement to any party that we deem appropriate.
Each provision in these Terms is severable and distinct from another. If any provision of these Terms is held to be invalid, void, illegal or unenforceable, that provision shall be treated as deleted from these Terms. The remaining provisions shall continue in full force and effect.
No failure or delay on our part to exercise any right or remedy under these Terms will operate as a waiver of such right or remedy. A single or partial exercise of a right or remedy will not preclude the further exercise of such right or remedy. Any waiver of our right or remedy must be in writing.
These Terms comprise the entire Agreement made between you and us.
We are deemed not to have made and are not bound by and will not be liable for any representations or promises (whether made in writing or orally or implied by statute, common law or custom) relating to the App and the Materials, if they are not stated in these Terms.
You confirm that you have not relied on any representation or statement that is not stated in these Terms.By accessing or using the App, you agree that such access and/or use, as well as these Terms shall be governed by the laws of Singapore, including but not limited to the Electronic Transactions Act (Cap.88). You further agree to submit irrevocably to the non-exclusive jurisdiction of the Singapore courts.
Unless expressly provided in these Terms, a person or entity who has not agreed to be bound by these Terms shall not have any right to the benefit of any of its provisions or to enforce any of these Terms.
If you have any queries relating to these Terms or the App, please contact us by e-mail at management@rqam.com.sg.