NOMADX TERMS & CONDITIONS

NOMADX TERMS & CONDITIONS

PLEASE REVIEW THE TERMS OF THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT ENTER THE NOMADX PREMISES NOR PARTICIPATE IN ANY ACTIVITIES RELATING TO THE SAME (INCLUDING THE NOMADX APPLICATION).

WE MAY FROM TIME TO TIME UPDATE THE TERMS OF THIS AGREEMENT. THE MOST CURRENT VERSION OF THIS AGREEMENT WILL BE AVAILABLE AT < www.capitaland.com/NomadX>. YOU AGREE TO THE PREVAILING VERSION OF THIS AGREEMENT WHENEVER YOU ENTER THE NOMADX PREMISES OR PARTICIPATE IN ANY ACTIVITIES RELATING TO THE SAME.

1.            NOMADX EXPERIENCE

1.1          These NomadX Terms & Conditions, together with any annexures and schedules thereof (collectively “Agreement”) constitute an agreement between CMA Excellence Pte. Ltd. (“we”, “us”, “our” as the case may be) and you with respect to your use of any content, modules, hardware, software, tools, functionalities (including the NomadX Application”), features and/or services by third-party vendors (“Vendors”) or third-party retailers (“Retailers”), offered or made available to you in connection with your retail experience at any location or premises operated by us which we refer to as a NomadX location (each a “NomadX Location”) (collectively the/your “NomadX Experience”).

1.2          By using the NomadX Application, participating in the NomadX Experience or entering any NomadX Location:

(a)           you acknowledge and undertake that you have read and understood the terms of this Agreement and you agree to be bound by all the terms of this Agreement; and

(b)           in addition to the foregoing, you hereby confirm and warrant that (i) you are 13 years of age or older; (ii) if you are entering any NomadX Location with any child or ward who is below 13 years of age, you agree both on behalf of yourself and such child or ward to be bound by the terms of this Agreement and to ensure due performance by such child or ward, and (iii) if you are a minor (i.e. below 21 years of age), you have obtained the consent and agreement of your parent or legal guardian to ensure that you duly perform the terms of this Agreement in their entirety.

1.3          If you are the parent or legal guardian of a minor (i.e. below 21 years of age), you agree and acknowledge:

(a)           that you should and shall carefully supervise that the minor’s use of any services provided by us at any NomadX Location or in relation to or any NomadX Experience (“Services”);

(b)           that it is the responsibility of parents and legal guardians to determine whether any part of the NomadX Experience is appropriate and/or safe for that minor;

(c)           to pay in full all sums due from that minor to us (or any Third Party Provider in relation to the minor’s NomadX Experience;

(d)           that data (including Personal Data) of children may be captured in the NomadX Location according to the terms of this Agreement; and

(e)           that YOU HEREBY EXPRESSLY CONSENT on behalf of that minor to the collection, use, disclosure and/or processing of the minor’s Personal Data according to all the terms set out hereunder, including Clause 5 below, and you agree that we may deem the same.

1.4          You agree that your participation in the NomadX Experience shall be subject to any additional policies and guidelines prescribed by us from in connection with the same from time to time, as well as all applicable laws.

1.5          The provision of any Quick Response Code found on any of the notices available at the entrance of the NomadX Location (each a “QR Code”) is for your convenience only, and you acknowledge and agree that each QR Code is provided on an “as is” basis only and we make no representations or warranties of any kind, express or implied, about the accuracy, reliability or availability with respect to each QR Code, including as to its functionality and whether the QR Code will meet your requirements. We shall not be held responsible for any loss or damage suffered as a result of your use of any QR Code, which shall be entirely at your own risk. IF YOU ARE UNWILLING TO UNDERTAKE SUCH RISK, DO NOT USE THE QR CODE. As an alternative, you may access the NomadX Terms & Conditions via https://www.capitaland.com/nomadx.html.

2.            NOMADX APPLICATION

2.1          Subject always to your continuing and full compliance with the terms of this Agreement, during the term of this Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable licence to use the NomadX Application under the terms of this Agreement and only for your personal and non-commercial use. You agree that all rights not expressly granted to you are reserved by us.

2.2          Except insofar as expressly permitted under this Agreement or otherwise in writing by us or as may be allowed by applicable law and where incapable of exclusion by agreement, you may not (and may not knowingly allow, permit, or assist any person to):

(a)           copy, rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the NomadX Application;

(b)           make alterations to, or modifications of, the whole or any part of the NomadX Application, nor permit the NomadX Application or any part of it to be combined with (or become incorporated with or in) any other program(s);

(c)           disassemble, decompile, reverse-engineer, reverse-assemble, attempt to derive the source code of, communicate, republish, upload, post, transmit, edit, re-use, adapt, modify, rent, lease, loan, sell, assign, transfer, distribute, perform, display, license, sub-license or create derivative works based on the whole or any part of the NomadX Application;

(d)           provide or otherwise make available the NomadX Application in whole or in part (including object and source code), in any form to any person without our prior written consent;

(e)           use the NomadX Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, including but not limited to:

(i)            using the NomadX Application in any manner (or as part of any attempt to) harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person; and/or

(ii)           transmitting or allowing the transmission via the NomadX Application of any unlawful, harmful, vulgar, obscene material or any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation; and/or

(f)            use the NomadX Application in a way that could damage, disable, overburden, impair or compromise the NomadX Application (or the systems and/or security thereof, including the cybersecurity of the NomadX Application) or interfere with another person’s usage or access to the NomadX Application, including without limitation:

(i)            attempting to probe, scan, test the vulnerability of or gain unauthorised access to a system or network or to breach or circumvent security or authentication measures without proper authorisation; and/or

(ii)           submitting a computer virus to this NomadX Application, or overloading, “flooding”, “mailbombing” or “crashing” the NomadX Application.

2.3          The NomadX Application may contain hyperlinks to external websites which are not managed by us (“External Websites”). For example, External Websites may include the websites of Third Party Providers providing you services. You agree and acknowledge that:

(a)           we do not investigate, verify or monitor the contents of External Websites, nor do we represent, warrant, or undertake to do so for you;

(b)           hyperlinks to External Websites are not an endorsement by us of those External Websites and we do not make representations or warranties about any hyperlinked External Websites which you may come across or access through the NomadX Application;

(c)           we shall not be held responsible for the information, products, services or other material obtained on External Websites, and we shall not be liable for any damages or losses arising from your access to or use of External Websites; and

(d)           you are hereby put on notice that any access by you of such hyperlinked External Websites shall be at your sole risk.

2.4          You acknowledge that the NomadX Application may display, publish or make available content that is provided by third parties (including, for example, content from other users, or content provided by Third Party Providers) (“Third Party Content”). You agree that Third Party Content is the sole responsibility of the person that makes it available, and we make no representations or warranties as to the veracity or accuracy of such content. You further acknowledge and agree that any use by you of Third Party Content is entirely at your own risk, and we take no responsibility and assume no liability (whether direct or indirect, or any incidental, special, consequential damages whatsoever), including without limitation any damages for loss of profits or any other commercial damages or losses in connection with your use of Third Party Content.

2.5          USE OF THE NOMADX APPLICATION IS ENTIRELY AT YOUR OWN RISK. You acknowledge and agree that the NomadX Application 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 your use of the NomadX Application will always carry the risk of becoming made public, and/or read or intercepted by others (regardless whether accidentally, maliciously, or otherwise).

2.6          You agree that we shall be entitled:

(a)           to terminate or suspend your use of the NomadX Application or to deactivate the NomadX Application or any functionality therein, in whole or in part, at any time (and for any or no reason), without prior notice and without liability to you, including (without limitation) if:

(i)            you have breached any term of this Agreement;

(ii)           you have violated (or we suspect that you have violated) any applicable laws or regulations;

(iii)         we in our sole or absolute discretion determine or suspect that you have engaged in unethical or other conduct or practices which we consider to be objectionable or if there arise other issues which we consider to be disruptive to our business and/or reputation; and/or

(iv)          you have infringed a third party’s rights or interests; and

(b)           at our sole and absolute discretion to remove, modify or reject any content that you submit to, post or display on (or through, or by way of) the NomadX Application which in our sole opinion is unlawful, violates this Agreement, or could subject us or any member of the Group or Third Party Providers to liability under applicable law. We shall have the right to take any enforcement actions as we deem appropriate at our sole discretion, including but not limited to:

(i)            giving a written warning to you;

(ii)           removing any content we deem inappropriate without notice to you;

(iii)          recovering damages (or other monetary compensation) from you;

(iv)          suspending or terminating any user account you may have with us, or suspending your access to the NomadX Application (including temporarily or permanently); and

(v)           to restrict, refuse or ban you from any and all future use of any product, service and/or facility provided or offered by us.

3.            ACCESS TO NOMADX LOCATIONS

3.1          You agree that we reserve the right to refuse entry to you, or require you to leave any NomadX Location, without refund or compensation, if in our sole and absolute determination, we are of the opinion that you:

(a)           have behaved in a manner which, in our opinion, has affected (or is likely to affect) the safety or enjoyment of other persons at any NomadX Location, or will otherwise cause distress, discomfort or inconvenience to other persons at any NomadX Location;

(b)           have used threatening, abusive and/or insulting words, or have behaved in any manner which is violent, threatening, abusive and/or insulting, or have caused assault or provocation or otherwise engaged in conduct which may result in a breach of the peace or which may constitute an offence at any NomadX Location;

(c)           are disorderly or disruptive to other persons at any NomadX Location, or otherwise behave in a manner involving any hazard or risk to yourself or to other persons or to property at any NomadX Location;

(d)           have failed to comply with any part of this Agreement or instructions given or issued by us and/or our authorised representatives (including employees of the Group);

(e)           are (or appear to be) under the influence of intoxicating substances (including drugs and/or alcohol), or any psychoactive drugs; and/or

(f)            are found to be carrying illegal items or carrying out illegal activities at any NomadX Location.

3.2          You agree that you shall not (nor attempt to):

(a)           smoke within the NomadX Location. This prohibition extends to any use of electronic cigarettes, personal vaporisers or any other similar imitation tobacco products which emit fumes (regardless whether pungent or not); and/or

(b)           engage in any activity which may (or is likely to) cause interference with or disruption to the activities (including the NomadX Experience of other persons) in the NomadX Location.

3.3          You acknowledge that aspects of your NomadX Experience may be provided directly by Vendors and/or Retailers (each a “Third Party Provider”), and you agree and acknowledge that:

(a)           such services or experiences may be subject to such further terms and conditions of Third Party Providers (including their respective privacy policies) over which we have no control, and that these terms and conditions will further govern your rights and obligations in relation to those Third Party Providers. Without prejudice to the generality of the foregoing or Clause 5, you agree and acknowledge that your Personal Data may be collected, used, disclosed and/or processed by such Third Party Providers under their respective data protection practices which we may not have control over, and we shall not be responsible for their respective compliance (or non-compliance) with applicable data protection laws, including in relation to any consents required to be separately obtained from you by such Third Party Providers. We encourage you to learn about the data protection practices of the respective Third Party Providers to determine how they will handle any Personal Data they may collect from you;

(b)           Third Party Providers are independent contractors and for which we have no responsibility, and that to the fullest extent permitted by applicable law, we shall not be responsible for any Third Party Provider’s conduct, performance or non-performance of its obligations to you, or any damage or loss arising from any delays or inability of any Third Party Provider to provide you with goods and/or services. Your access to and/or use of any services provided directly by Third Party Providers shall be at your own risk;

(c)           we do not endorse and are not responsible or liable for any content, advertising, products, services or materials made available to you by a Third Party Provider within any NomadX Location (including such descriptions or statements about products and/or services advertised by Third Party Providers);

(d)           we do not make (and we expressly disclaim) all warranties and representations in relation to Third Party Providers and their respective products and/or services (including as to the availability or the timely delivery of goods and/or services provided directly to you by Third Party Providers in any NomadX Location). You bear the responsibility of satisfying yourself of the fitness, suitability, quality, legality, appropriateness, or any other aspect of a Third Party Provider’s products and/or services before accepting them (if at all) within any NomadX Location; and

(e)           we shall not be liable for (nor responsible to resolve) any dispute arising from or relating to the goods and/or services provided by Third Party Providers to you in any NomadX Location. You shall fully release and discharge any member of the Group (and its respective officers, directors, employees and agents) from any and all injury, loss, claims, liabilities, damages and costs suffered by you in connection with any act or omission of any Third Party Provider or the products and/or services provided by it.

3.4          You agree that we shall have the right, in our absolute discretion (regardless whether with or without prior notice, or whether for safety, medical and/or emergency reasons or otherwise), to close any part of any NomadX Location, withdraw, add to or modify services or experiences provided at any NomadX Location, or to modify, substitute, postpone, interrupt, or stop any programmes and/or campaigns carried out at any NomadX Location. We do not make any warranties, representations, or assurances to you as to the continuity of any NomadX Experience programmes notwithstanding any marketing (including advertisements) by us in relation to those programmes.

4.            INTELLECTUAL PROPERTY

4.1          You acknowledge that all information (including without limitation documents, data, information, descriptions, names, logos, graphics, images, software, music, audio files or other sounds, photographs, videos, and images) which we may deploy at or use in relation to any NomadX Location or NomadX Experience and all the intellectual property rights associated therewith (collectively the “NomadX Content”) which you may have access to as part of your NomadX Experience are owned by us or respective Third Party Providers (as the case may be, and as applicable).

4.2          You agree that you shall not reproduce, distribute, adapt, modify, republish, display, broadcast, hyperlink, frame or transmit in any manner or by any means or store in an information retrieval system, any part(s) of the NomadX Content without the prior written permission of the relevant owner. Any rights not expressly granted herein are expressly withheld.

5.            PERSONAL DATA

5.1          You agree to our collecting, using, disclosing and processing of your Personal Data according to CapitaLand Group’s Personal Data Protection Policy available at: https://www.capitaland.com/en/legal-notices/privacy-policy.html or at such other URLs as may be prescribed by us from time to time.

5.2          Without limiting the generality of the foregoing, in addition, you hereby grant to us and to all other persons involved in the operation of the NomadX Application and/or the provision of the NomadX Experience or any Services your consent for the collection, use, disclosure and processing of your Personal Data by each entity in the Group to provide you with an enhanced experience when visiting each NomadX Location, and you further also consent to:

(a)           allowing your likeness to be captured and processed by cameras and systems deployed within the NomadX Location to identify you on your subsequent re-visits and providing you with customised recommendations;

(b)           your likeness being featured on the social walls or displays utilised in the NomadX Location;

(c)           the creation or updating of your profile (including a CapitaStar membership profile) and linking your Personal Data (including your name, gender, age and/or mobile phone number with your facial data) to such profile, or linking such Personal Data to any existing profile which you may already have with any entity of the Group;

(d)           the application of facial recognition and other behavioural analysis technologies for consumer research and identifying products and services that may be relevant to you;

(e)           verification or re-verification of your identity (including by reference to existing customer databases);

(f)            marketing research conducted by any entity of the Group using your Personal Data so collected, used, stored, and/or processed; and

(g)           processing your Personal Data for purposes which are reasonably related to any of the purposes stated above, including disclosure to and processing by any entity of the Group and/or Third Party Providers.

For the avoidance of doubt, your likeness, if captured by cameras and systems deployed within the NomadX Location, may be processed by facial recognition and other behavioural analysis technologies to convert such images to a tokenised identifier (the/ “Tokenised ID”). The Tokenised ID, and not your facial image, may be used, processed and stored by us for the purposes stated above (save for the purpose stated in Clause 5.2(b)). The Tokenised ID and your Personal Data will not be linked to any profile (including your CapitaStar membership profile) unless you provide consent via the NomadX Application.

For the avoidance of doubt, Personal Data may also be independently collected, used or disclosed by Retailers in the NomadX Location on such terms as may be determined by them. Such Retailers (and not CMX) are solely responsible for any such collection, use, disclosure and processing of your Personal Data.

5.3          While we will take reasonable steps to accurately record your Personal Data, we require that you provide accurate and complete Personal Data, and update such Personal Data with us from time to time.

5.4          Any consent which you provide for the collection, use, and disclosure of your Personal Data will remain valid until such time it is being withdrawn by you in writing. While we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing the NomadX Experience (or any aspect thereof) to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described hereunder.

If you should choose to cease to use the NomadX Application or cease to participate in any NomadX Experience, you may withdraw your consent to our use and/or processing of your Personal Data for any such purposes as stated herein at any time. For the avoidance of doubt, this will not affect any consents which you have already provided in relation to your Personal Data to any entity comprised in the Group and/or the use of your Personal Data (including without limitation your Singapore telephone number(s)) for receiving marketing or promotional information or other advertising or messages.

·         If you wish to withdraw your consent, or have any questions or complaints relating to your Personal Data, or you would like to obtain access and make corrections to your Personal Data in relation to the NomadX Application or the NomadX Experience, please contact us at support@nomadxsg.com.

·         Similarly, if you wish to withdraw your consent to the use of your Personal Data for receiving marketing or promotional information or other advertising or messages in relation to the NomadX Application or the NomadX Experience, which you had separately provided, please contact us at support@nomadxsg.com. For the avoidance of doubt, such withdrawal will not affect any consents you have provided in relation to your Personal Data for the purposes as stated herein.

If you wish to withdraw your consent to the use of your Personal Data in connection with the CapitaStar Rewards Programme, please contact the CapitaStar team at ask_us@capitastar.com,  Upon receipt of your written request to withdraw your consent, you may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we will use reasonable endeavours to process all such requests within 10 Business Days for withdrawal requests and 30 days for access and correction requests, and in any event, within the stipulated periods (if any) under all applicable data protection law.

5.5       We may retain your Personal Data for as long as it is necessary for the purposes it has been collected, or as required or permitted by applicable laws. In general, we will cease to retain your Personal Data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the Personal Data was collected, and is no longer necessary for legal or business purposes.

6.            DISCLAIMER AND EXCLUSION OF LIABILITY

6.1          Each component or activity comprised in the NomadX Experience is provided to you on an “as-is”, “as-available” and “with all faults” basis and all warranties and representations in relation thereto, whether statutory, express or implied, are hereby expressly disclaimed to the maximum extent permitted by law, including warranties and/or conditions relating to merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.

6.2          Without prejudice to the generality of the foregoing, you acknowledge and agree that the access to and participation in any aspect of any NomadX Experience (including the NomadX Application, the NomadX Location, or any Services) shall be entirely at your own risk, including as to satisfactory quality, performance, accuracy and effort. We do not warrant (and we expressly disclaim) any representations and warranties that the NomadX Experience:

(a)           will substantially perform the functions advertised;

(b)           will be available and/or accessible, meet performance standards, be uninterrupted or error-free or defects thereof corrected; or

(c)           will meet your requirements.

6.3          Notwithstanding anything in this Agreement, to the maximum extent permitted by law, the Group (and their respective members, officers, employees and agents) hereby expressly exclude:

(a)           all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, including (without limitation) warranties of accuracy, reliability, merchantability, satisfaction, quality, fitness for a particular purpose, non-infringement and warranties relating to any NomadX Experience, and that the NomadX Application is free from malware, viruses or other potentially harmful attributes or malicious code; and

(b)           any and all claims, loss, damage or liability (howsoever arising) relating directly or indirectly to your access and participation in any aspect of the NomadX Experience (including the NomadX Application, any NomadX Location, or any Services), including (without limitation) any loss of data, profits, goodwill, anticipated savings, reputation, business (or business opportunity), and/or any indirect or consequential loss or damage of any kind, regardless of the cause thereof, and even if we have been advised of the possibility thereof.

6.4          Notwithstanding anything in this Agreement, to the maximum extent permitted by law, you hereby agree and acknowledge that no claim shall lie against us in respect of any loss recoverable or recovered by you from any other third party (including without limitation any Third Party Provider).

7.            INDEMNITY

7.1          You agree to fully indemnify and hold harmless the Group as well as their respective officers, directors, employees and agents (collectively, the “Indemnitees”) from and against all claims, demands, losses, damages, costs, or liabilities (including reasonable legal fees) which any or all Indemnitees may suffer in connection with or arising from your breach of this Agreement and/or your access to or participation in any aspect of the NomadX Experience (including the NomadX Application, the NomadX Location, or any Services).

7.2          This Clause 7 shall survive the termination or expiration of this Agreement (howsoever caused).

8.            GENERAL

8.1          You acknowledge and agree that:

(a)           you have not accepted this Agreement in reliance upon any representation, warranty or undertaking of us which is not set out or referred to in this Agreement;

(b)           save for any entity comprised in the 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, Cap 53B) to enforce any of its terms;

(c)           if any provision of this Agreement is found by a competent court to be invalid, illegal or unenforceable for any reason, you agree that 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 parties’ intentions;

(d)           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;

(e)          you may not assign or transfer all or part of your rights and obligations under this Agreement;

(f)            any failure or delay by us to enforce or exercise any term of this Agreement or any right or remedy under this Agreement shall not 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 by us. Our rights and remedies provided in this Agreement are cumulative and are not exclusive of any rights or remedies provided at law or in equity;

(g)           save as otherwise specifically provided in this Agreement, we shall not be liable for failures and 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;

(h)           the parties to this Agreement are independent contractors and neither of us is a partner or joint venture or employee or agent of the other nor is either of us entitled to act as the other’s agent nor shall the latter be liable in respect of any representation, act, or omission of the former of whatever nature; and

(i)            this Agreement shall be governed by and construed in accordance with the laws of Singapore. You irrevocably agree to submit any dispute arising out of, in connection with, or in relation to this Agreement to the exclusive jurisdiction of the courts of Singapore.

9.            DEFINITIONS AND INTERPRETATION

9.1          In this Agreement, the definition of terms shall be as set out below, except where the context otherwise requires:

9.2          Unless the context otherwise requires:

(a)           words importing the singular shall also include the plural and vice versa;

(b)           words denoting the masculine gender include the feminine gender and both shall include the neuter gender; and

(c)           the term “person” shall include any individual, company, or association or body of persons, regardless whether corporate or incorporate.

9.3          The headings in this Agreement are inserted for ease of reference only and shall not affect the construction of this Agreement.