CapitaStar@Work - Terms and conditions
GENERAL TERMS & CONDITIONS
The following General Terms and Conditions govern your access and use of the CapitaStar@Work application ("App"). Additional terms and conditions may apply to your use and access of certain functionalities, pages or services on or linked via this App ("Specific Terms and Conditions"). The General Terms and Conditions and the Specific Terms and Conditions shall together constitute the "Terms".
You are deemed to have read and accepted all the Terms by downloading the App, or by continuing to access or use the App. If you do not accept any of these Terms, please cease all use of the App and uninstall it.
In these Terms, the words "we", "us" and the like are references to CapitaLand Commercial Management Pte. Ltd. (an indirect wholly-owned subsidiary of CapitaLand Limited), the owner and operator of this App.
The "Merchant" or "Service Provider" are references to the third party entity whose products and/or Services are offered for sale or supplied to you on or through this App, or the third party entity whose products are ordered, purchased and collected from on your behalf as a Service to you on or through this App.
The "User" or "Customer" are references to you, the user of this App, which includes corporate entities which open an account with us.
A reference to this "App" in these Terms refers to the App, and includes but is not limited to the information, content, data, text, images, links, sounds, graphics and video sequences displayed therein ("Materials") and the services offered therein ("Services").
1. Use of the App
1.1 This App is provided to you as a convenience and use of the App is subject to these terms and conditions.
1.2 You will be required to register for an account with us before you are entitled to use the functionalities within the App. We shall have the sole and absolute discretion in deciding the criteria for registration.
1.3 In registering an account with us, you warrant that:
(a) you are at least 18 years of age;
(b) you possess the legal authority to create a legally binding obligation between yourself and us and any Merchant and/or the Service Provider (as the case may be); and
(c) if you are an individual and are creating an account for a corporate/business entity, that you are an agent for and act on behalf of the corporate/business entity and that you have the legal authority to create a legally binding obligation between the said corporate/business entity and us / any Merchant and/or the Service Provider (as the case may be).
1.4 You agree:
(a) that you shall safeguard your account information, including but not limited to your password which you shall not disclose to any third party. You shall take sole responsibility for any activities or actions under your account, whether or not you have authorised such activities or actions;
(b) not to impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(c) not to 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 App;
(d) not to gather and use the information and/or particulars posted or transmitted through this App for unsolicited advertising or other unauthorised purposes;
(e) not to use this App and/or the ordered good/services for illegal purposes;
(f) not to post, promote or transmit information through this App which may infringe the rights of any third party, including but not limited to any third party's intellectual property rights or other proprietary rights or rights of publicity or privacy;
(g) not to post, promote or transmit through this App any unlawful, harassing, defamatory, harmful, vulgar, obscene or otherwise objectionable material of any kind; and
(h) that we shall have the right to investigate and prosecute any violation of any of the provisions in the preceding paragraphs to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the above provisions.
1.5 We may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, this App and/or any information, Materials, Services, functionality or products provided therein and shall not be liable if any such upgrade, modification, suspension or alteration prevents you from accessing this App, Materials, Services or any part or feature thereof.
1.6 From time to time we may but shall not be obliged to update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these 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 therein and we may terminate your account and access to the App.
2. Community Forums
2.1 For the purposes of the Terms, "User Content" refers to content created, transmitted, posted and/or uploaded by you on our community forums, including materials, information, news, advertisements, listings, data, input, text, songs, audio, videos, photographs, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, and other content, while "Third Party User Content" means all User Content which is not created, transmitted, posted and/or uploaded by you.
2.2 You are solely responsible for making backups of any postings you make or any Content you upload. We may move, remove or delete Content and forums at any time without notice to you.
2.3 All community forums and postings are not monitored by us. We do not pre-screen nor do we exercise editorial control over Content, and are not responsible for the same.
2.4 We shall have the right to screen, delete and/or remove any Content if we receive a complaint from another Customer or a notice of intellectual property infringement or other legal instruction for removal, or which in our sole and absolute opinion violates these Terms, or is otherwise illegal or objectionable, or any other reason as we may see fit.
2.5 We may also block communication by you (including but not limited to feedback, postings, messages and/or chats) to or from the App as part of our effort in protecting the App or our other Customers, or otherwise enforcing the provisions of these Terms.
3. Intellectual Property and Customer's Content
3.1 As between you and us, the App, as well as all Materials and Services provided via the same, and all intellectual property rights comprised therein respectively (including but not limited to goodwill and copyright) belongs to us ("App Properties"), and/or our licensors, Merchants and/or Service Providers, and save as expressly provided herein, you acquire no right, title or interest to the same.
3.2 While we do not claim ownership of your User Content, by your creation, transmission, posting and/or uploading of User Content on or through the App, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable right to use and exercise any the rights comprised in any intellectual property and other rights (including without limitation, rights in copyright, publicity, and database rights) you have in your User Content in connection with hosting, using, distributing, modifying, running, copying, publicly performing, communicating, displaying, translating and creating adaptations and derivative works of your User Content.
3.3 No part of the App Properties and/or Third Party User Content may be reproduced, adapted, distributed, republished, translated, published, displayed, communicated, hyperlinked, posted, transmitted, broadcasted, podcasted, webcasted, distributed, sold, traded or exploited in any manner or by any means or stored in an information retrieval system except to the extent permitted and with our prior written permission and/or that of the relevant rights owner.
3.4 The trade marks which appear on this App are registered or unregistered trade marks of us or third parties. CapitaStar@WorkTM is a trade mark of CapitaLand Limited, our parent entity. Your use of this App shall not be construed as granting you (by implication or otherwise) any license or right to use any trade marks displayed on this App, and you may not do so without our written permission, or the written permission of any other applicable trade mark owner.
3.5 Without prejudice to the generality of the foregoing, you agree not to reproduce, display or otherwise provide access to the App Properties or the App 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.
3.6 You may, for your personal non-commercial use:
(a) retrieve and display the App Properties on any compatible device owned by you; and
(b) store such App Properties in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).
3.7 You may not decompile, reverse engineer or otherwise attempt to discover the source code of our App or App Properties made available through the App, except under any specific circumstances expressly permitted by law or by us in writing.
4. Applications and Websites Linked to this App
4.1 We may from time to time permit Merchants and/or Service Providers to offer products and/or Services via this App and/or include hyperlinks on the App to products and/or Services available on the Merchants' and/or the Service Providers' website(s) and/or application(s). You hereby agree that:
(a) we do not make any representation in relation to, or warranty or endorsement of any of the products and/or Services provided by any Merchants and/or Service Providers nor of such Merchants and/or Service Providers themselves;
(b) all products sold, services rendered and information provided by such Merchants and/or Service Providers are those of the respective Merchants and/or Service Providers and not us, and shall be subject to the terms and conditions of the individual Merchants and/or Service Providers. We shall not be a party to any contracts for such products and/or Services; and
(c) we do not have control over, and shall not be liable for the quality, safety, morality or legality of any aspect of products and/or Services offered by any Merchants and/or Service Providers, the accuracy of the products and/or Services which are offered by the Merchants and/or the Service Providers.
4.2 Unless otherwise stated, any transactions entered into on or through this App remains solely between you and the other Merchant or Service Provider identified as the contracting party or offeror of the product and/or Service.
4.3 Any hyperlinks to any other websites on this App, and/or any APIs or 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. 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 the same. You bear the responsibility of satisfying yourself of the fitness, suitability, quality, legality, appropriateness, or any other aspect of third party sites and their products and/or Services before clicking on any link.
4.4 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 the third party sites.
4.5 Statistical data provided on this App may include rounding. Any prices and rates posted are subject to change without prior notice and at our absolute discretion. We assume no responsibility for errors (including factual or other inaccuracies or typographical errors) or omissions (if any) present in this App.
4.6 The information and data contained in this App are of a general nature which have not been verified, considered or assessed by us in relation to the making of any specific investment, business or commercial decision. You should at all times consult your professional advisers and obtain independent verification of the information and data contained herein before making any decision based on any such information or data. Nothing on this App shall be considered or construed as the giving of any advice in respect of, shares, stocks, bonds, notes, interests, unit trusts, property trusts, mutual funds or other securities, investments, loans, advances, credits or deposits in any jurisdiction.
5. Personal Data
5.1 By submitting your personal data (such as your name, date of birth, email address, name of building, gender and designation) on or through this App:
(a) you consent to us collecting, using and disclosing your personal data for purposes connected with your account with us, your order and ancillary purposes related thereto;
(b) in particular, you consent to us:
(i) using your personal data to maintain and operate your account with us, establish and verify your identity and communicate with you; and
(ii) disclosing your personal data (where necessary) to:
(1) the Merchant and/or the Service Provider in order for it to fulfil your order and to attend to any queries or matters in relation thereto,
(2) our appointed logistics service provider to make or arrange for delivery of your order (where applicable), and
(3) our financial service providers (whether located within or outside of Singapore) such as our payment gateway providers, credit card companies and banks who are involved in the payment process, who may use, process and store such data to facilitate payments that you now or subsequently make for orders placed. In order to process your payment instructions, it may be necessary to transmit your payment details overseas, and you agree and acknowledge to the transfer of your personal data in connection therewith, and that such transfer is at your request;
(iii) you represent and warrant to us that the personal data and other information that you submit is true and accurate and up-to-date. If the information provided by you is incorrect or untrue, we may reject and/or cancel your order and suspend and/or terminate the provision of part or all of the Services hereunder;
(iv) you agree that you may only submit to us or to a Merchant and/or Service Provider the personal data of other persons on behalf of such persons only if and to the extent that those other persons have expressly consented to this and only in connection with an order; and
(v) you agree that your personal data may be used by the CapitaLand Limited group in research and analytics for the purpose of developing and enhancing its products, Services, quality, and strategies.
(c) Further, if you consent to receiving promotional emails, you allow the CapitaLand Limited group to:
(i) send you marketing communications in relation to our sales, products, Services, promotions or the App;
(ii) send you marketing communications in relation to the sales, products, services or promotions of Merchants and/or Service Providers, and promotional mail may be sent together with the order;
(In this Clause 5, "we" and "us" includes our related entities, the CapitaLand Limited group, and its direct and indirect subsidiaries, affiliates, and associated companies.)
(e) You may withdraw your consent given to our collection, use and/or disclosure of your personal data for any or all purposes set out herein by contacting us at firstname.lastname@example.org to give us reasonable notice of your withdrawal. However, if you do so and depending on the nature of your request, we may not be in a position to continue to provide you access to the App.
6. Payment for Transactions
You agree that any payment made on or through the App shall be done through the App's Payment Gateway, a mobile payment service provided by us. Your use of the Payment Gateway is subject to the prevailing Specific Terms and Conditions governing the Payment Gateway.
7.1 You agree to indemnify and hold us, and the CapitaLand Limited group, and its direct and indirect subsidiaries, affiliates, associated companies, officers, agents, co-branders or other partners and employees harmless from any claim or demand, including reasonable legal fees made by any third party due to or arising out of your use of the App, your breach of the Terms, or your breach of any rights of another.
8. Exclusion of Liability
8.1 You agree that:
(a) this App and the Materials and/or Services and/or the Third Party User Content therein are provided on an "as is" and "as available" basis. We do not warrant the accuracy, adequacy or completeness of this App, including without limitation the Materials and Services and/or the Third Party User Content, and expressly disclaim liability for errors or omissions in the Materials and Services and/or the Third Party User Content;
(b) 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 this App, the Materials, and the products and/or the Services. All such warranties, conditions, terms and representations are specifically excluded. In particular, we do not warrant that the Materials or this App will be provided uninterrupted or free from errors or that any identified defect will be corrected; further, no warranty is given that this App and the Materials and/or Services are free from any virus or other malicious, destructive or corrupting code, programme or macro; and
(c) we shall not be liable to you for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with such Merchants and/or Service Providers and/or their products and/or Services, their use or implementation or otherwise, including without limitation any product liability claims, claims for loss of profits, loss of use of the products and/or Services, loss of data or any other economic losses or any consequential, incidental or exemplary losses, expenses and/or damages which you may incur or suffer.
8.2 To the maximum extent permitted by law, we shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special, or consequential damage, inconvenience, moral stress, cost and expense or economic loss of any nature (including, without limitation for any act, omission, neglect or wilful default on the part of our agents, contractors, correspondents and/or their respective officers and employees), arising from or in connection with:
(a) any access, use or the inability to access or use this App, the Materials, the products and/or the Services therein, or reliance on the Materials, products, Services and/or any information in this App;
(b) any failure of performance, server or connection failure, error, omission, interruption, defect, delay or failure in operation or transmission, or computer virus or line or system failure;
(c) any use of or access to any other website linked to this App;
(d) any participation in respect of or in connection with any of our rewards, redemption or membership programmes; and
(e) any products, information, data, software or other material obtained from this App or from any other website linked to this App; and/or
(f) any use of the Services provided under this App, even if we or our agents or employees were previously advised of the possibility of such damages, losses and/or expenses.
You agree that we may assign and/or transfer your contract(s) with us and our rights and obligations thereunder: (a) to any of our related entities (meaning, CapitaLand Limited group, and its direct and indirect subsidiaries, affiliates, and associated companies), and/or (b) in connection with a merger, acquisition, sale or transfer of or involving our assets (including the CapitaStar@Work business).
10.1 We (including all CapitaLand Limited group, and its direct and indirect subsidiaries, affiliates, and associated companies) have the right to terminate and/or suspend your access to any App functionality or the App as a whole at any time for whatsoever reason, and are not obligated to disclose the reason behind the termination and/or suspension.
10.2 In the situation whereby you violate or we have reason to suspect that you breach any of these Terms, or if any material information provided or representation made by you to us is untrue or misleading or otherwise has an adverse material impact on us or the Merchants and/or the Service Providers, we reserve the right of immediate suspension and/or termination of your account.
10.3 Upon suspension or termination of your use of the App, you remain liable for all payment transactions and/or any other obligations you may have incurred under these Terms.
11. Notification of Infringement
11.1 We reserve the right to investigate notices of copyright, trade mark, and other intellectual property infringement ("Infringement") with respect to the App Properties, User Content and other material on the App ("Infringing Material") and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this App, please notify us in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) ("Infringement Notice").
11.2 All Infringement Notices shall be sent to us addressed to:
12. Force Majeure
Save as is otherwise specifically provided in the Terms, we shall not be liable for failures or delays in performing our obligations hereunder arising from any cause beyond our reasonable control, including without limitation, acts of God, outbreak of hostilities, civil disturbance, acts of civil or military authority, fires, strikes, lockouts or labour disputes or industrial action of any kind, epidemics, governmental restrictions, wars, terrorist acts, riots, explosions, fire, earthquakes, storms, typhoons, floods and breakdowns in electronic and computer information and communications systems, and in the event of any such delay, the time for our performance shall be extended for a period equal to the time lost by reason of the delay and any additional recovery time required by us.
13.1 Each of the terms and conditions in these Terms is severable and distinct from one another and if at any time, any one or more of these terms and conditions or any part thereof is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will not thereby be affected or impaired in any way and will remain in force.
13.2 The rights and remedies provided in these Terms are cumulative and not exclusive of any other right or remedies (whether provided by law or otherwise).
13.3 No failure on our part to exercise and no delay on our part in exercising any right or remedy under these Terms will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right of remedy. Any waiver by us of our rights or remedies in respect of any terms under these Terms or any breach of these Terms on your part must be in writing and may be given subject to such terms and conditions as we may deem fit and is effective only in the instance and for the purpose for which it is given.
13.4 Unless the context otherwise requires, words importing the singular shall also include the plural and vice versa. Words denoting the masculine gender include the feminine gender and both shall include the neuter gender.
13.5 The headings in these Terms are inserted for ease of references only and shall not affect the construction of these Terms.
13.6 The App's General Terms and Conditions, including Specific Terms and Conditions governing other functionalities of the App, contains the entire agreement between you and us with respect to your use of the App. In the event of any conflict between the General Terms and Conditions, and the Specific Terms and Conditions, the relevant terms of the General Terms and Conditions shall take precedence.
13.7 You may not assign these Terms or any of its rights or obligations under these Terms to any Party. Save for any member of the CapitaLand Limited group, a person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Rev. Ed. 2002, Chapter 53B) to enforce any of its terms.
14. Governing Law
Your access and use of the App as well as these Terms shall be governed by Singapore law and you agree that the Singapore courts shall have exclusive jurisdiction over all disputes relating thereto.
15. Amendments to Terms
We may impose such further terms and conditions and make such amendments to these Terms as we may in our discretion deem fit from time to time by posting the amendments online at this App, which you agree shall be sufficient notice for the purpose of this paragraph.
16. Contact Us
If you have any queries, you may contact us by email at email@example.com.