Terms and Conditions
Access to this website is granted by CapitaLand Mall Asia ("CMA") subject to the following terms and conditions. A reference to "this website" is to the website on the Internet which is owned and operated by and which is presently at www.capitalandmallsasia.com and/or such other URLs as may be designated by CMA from time to time, including but not limited to the information, data, text, images, links, sounds, graphics and video sequences displayed herein ("Materials"). By accessing this website, you agree to be bound by the terms and conditions below ("Terms") and any operating rules or policies that may be published from time to time by CMA and/or made available at this website. If you do not agree to any of these Terms, please discontinue your access immediately.
You agree:- (a) to comply fully with all the directions and/or instructions issued by CMA from time to time in respect of the use of this website; (b) to abide by all applicable laws and regulations in the use of this website; (c) not to impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; (d) 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 website, or to do anything which would create or impose an unreasonable or disproportionately large burden or load on this website; (e) not to gather and use the information and/or particulars posted or transmitted through this website for unsolicited advertising or other unauthorised purposes; (f) not to use this website and/or the Materials for illegal purposes; (g) not to post, promote or transmit information through this website which may infringe the rights of any third party, whether in statute or common law, including but not limited to any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (h) not to post, promote or transmit through this website any unlawful, harassing, libellous, defamatory, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
You shall be responsible for obtaining and using the necessary web browser and/or other software and/or equipment necessary to obtain access to this website at your own risk and expense.
This website is provided "as is" and "as available". CMA does not warrant the accuracy, adequacy or completeness of this website, including without limitation the Materials, and expressly disclaims liability for 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 this website, the Materials. CMA 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 website and/or any information, Material or products provided therein and shall not be liable if any such upgrade, modification, suspension or alteration prevents you from accessing this website, Materials or any part or feature thereof. The information and/or any other Material contained in this website may be modified, deleted or replaced from time to time and at any time in the absolute discretion of CMA.
CMA does not warrant that the Materials or this website will be provided uninterrupted or free from errors or that any identified defect will be corrected; further, no warranty is given that this website and the Materials are free from any virus or other malicious, destructive or corrupting code, programme or macro.
The information and data contained in this website are of a general nature which have not been verified, considered or assessed by CMA 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 website 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.
RESERVATION OF RIGHTS
CMA reserves the right, but shall not be obliged to:- (i) monitor, screen, moderate, edit, censor, or otherwise control any activity, content or material including, without limitation, discussions, chats, postings, transmissions, forums, message boards, bulletin boards, and the like on this website; (ii) investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate; (iii) in its absolute discretion, and without stipulating any reason, prevent or restrict your access to this website or any part thereof; (iv) in its absolute discretion, and without stipulating any reason, stop, suspend, modify, delete or edit any Material appearing on this website or part thereof; (v) request from you information and data relevant to your use of this website at any time and to exercise its rights under this clause if you refuse to divulge such information and/or data or if CMA has reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data; and (vi) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities.
The copyright in this website is owned by CMA and/or its licensors, merchants and/or service providers. No part of parts hereof may be reproduced, distributed, republished, displayed, broadcast, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of CMA and/or the copyright owner provided that permission is granted to download and print the Materials on this website for personal, non-commercial use only provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. You also may not, without CMA's permission, insert a hyperlink to this website on any other website or "mirror" any Material contained on this website on any other server.
The trade marks, service marks, and logo ("Trade Marks") used and displayed on this website are registered and unregistered Trade Marks of CMA and others. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Mark displayed on this website, without the written permission of CMA or other Trade Mark owner. CMA aggressively enforces its intellectual property rights to the fullest extent of the law. CMA prohibits the use of the Trade Marks, the name of CMA or any other trade mark owned by CMA as a "hot" link to any website unless establishment of such a link is approved in advance by CMA in writing.
You agree that all information and/or particulars sent or submitted by you through this website is non-confidential and non-proprietary unless otherwise expressly indicated in writing by you and may be used by CMA. You hereby consent to the disclosure by CMA of all information and particulars to third parties without further notice to you. You further undertake not to submit any information and/or other materials which are or may be offensive, illegal or which may not be lawfully disseminated under the laws of Singapore or any other relevant country.
THIRD PARTY PRODUCTS AND SERVICES
CMA may, from time to time, permit a third party to offer products and/or services via the website and/or include hyperlinks on the website to third party products and/or services available on third party websites. CMA does not make any representation in relation to, or warranty or endorsement of any of the products and/or services provided by any third parties nor does it make any representation in relation to, or warranty or endorsement of any such third parties. All products sold, services rendered and information provided by such third parties are those of the respective third parties and not CMA, and shall be subject to the terms and conditions of the individual third parties. CMA shall not be a party to any contracts for such products and/or services.
CMA shall not be liable to you for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with such third parties 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 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.
AMENDMENTS TO TERMS
CMA may impose such further terms and conditions and make such amendments to these Terms as CMA may in its discretion deem fit from time to time without further reference to you.
EXCLUSION OF LIABILITY
CMA shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special, or consequential damage, or economic loss arising from or in connection with:
any access, use or the inability to access or use this website and/or the Materials therein, or reliance on the Materials and/or any information in this website;
any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
any use of or access to any other website linked to this website; and
any products, information, data, software or other material obtained from this website or from any other website linked to this website,
even if CMA or its agents or employees were previously advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement or verification of such websites and such websites should only be accessed at your own risk. This exclusion clause shall take effect to the fullest extent permitted by law.
By accessing this website and its contents, you agree that Singapore law (including without limitation, the provisions of the Evidence Act (Cap. 97) and the Electronic Transactions Act (Cap. 88), shall govern such access and you agree to submit to the non-exclusive jurisdiction of the Singapore courts. You agree that CMA's records and any records of communications, instructions made, performed, processed or effected through this website by either party, whether stored in electronic or printed form, shall be binding and conclusive evidence of such communications or instructions. You agree that such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were in electronic form or were produced by or are the output of a computer system.
GENERAL TERMS & CONDITIONS FOR SOCIAL MEDIA CONTESTS
The following terms and conditions apply to contests organised by or on behalf of malls owned and/or managed by CapitaLand Mall Asia Limited (“the Organiser”) conducted through various social media platforms:
- Contests (“Contest”) are open to all registered social media platform users of at least 18 years of age with local residential addresses.
- Only one entry is allowed per user per Contest and each registered user cannot win more than one prize within the year. Participants found cheating (for instance, creating shell social media accounts to take part in the Contest) will be disqualified immediately.
- No responsibility is accepted for any contest entries that are incomplete, tagged incorrectly, unreadable, ineligible, corrupted, misdirected, lost or delayed or are unable to be sent/ published due to technical or transmissions failures of any kind or any other reason.
- Participation in the Contest constitutes acceptance of the terms and conditions of the Contest. Prizes will be provided in accordance with and subject to these terms and conditions. Any entry not compliant with these terms and conditions will be deemed invalid. The Organiser reserves the right to amend the terms and conditions of the Contest at any time without prior notice.
- In order to enter into any Contests held via Instagram, participants must ensure that his/her Instagram account settings allow for public view during the duration of the Contest. In the event the Organiser is unable to verify the entry due to incorrect account settings, the entry will be considered invalid and voided.
- Entries are deemed to be received at the time of receipt of the Contest entry by the Organiser’s Facebook and/or Instagram account.
- Entries will be judged by the Organiser on their merits and/or be selected at random based on the fulfillment of criteria stated for the Contest(s).
- Prize winners will be notified via the mode of entry submission unless otherwise stated and be required to private message the Organiser via the social media platform of the Contest they participated in to inform of their personal details (name, NRIC, email and contact number) for the purposes of identity verification for prize collection.
- Should the winner be un-contactable, the Organiser reserves the right to award the prize to a replacement winner, forfeit the prize or donate the prize to charity.
- In the event of a dispute, the winner’s entitlement is subject to the sole discretion and final decision of the Organiser. The Organiser’s decision is final and no correspondence will be entertained.
- Items/Prizes must be taken as they are and are strictly not refundable or exchangeable for cash or extendable in validity. The management reserves the right to replace items/ prizes with items of similar value.
- It is a condition of entry that winners consent to the publication of their names and social media platform identifiers (in the format of username, profile picture and/or submitted photo) on Facebook and/or Instagram for publicity purposes.
- Winners must also present their NRIC at the point of redemption for verification purpose.
- The Organiser is not liable for any damage, loss, injury or disappointment suffered by any participant as a result of entering the Contest or accepting the prize or any injury or damage to the participant's or any other person's personal property including but not limited to a computer or mobile telephone relating to or resulting from participation in or downloading/uploading any materials in connection with the Contest.
- Any cost associated with entering the Contest is the participant’s responsibility and is dependent on the software and internet service provider used.
- Participants warrant that the entry submission is the original work of the participant and, as such, the participant is the sole and exclusive owner and rights holder of the submitted work, and that the participant has the right to submit the work to the Contest and grant all required licenses. Each participant agrees not to submit any entry that:
- infringes any third party's proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity, or confidentiality obligations; or
- otherwise violates any applicable laws and regulations.
- All entries submitted must NOT contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales or use of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing or which is otherwise inappropriate, in the sole discretion of the Organiser, nor may the name submitted contain any derogatory references to the Organiser or any other person or entity including brands or trademarks of the organizer or any other person or entity.
- The Organiser does not assume any liability for any unlawful or unlawfully produced content entry.
- The Organiser reserves the right to remove, in its sole and absolute discretion, any submission deemed inappropriate or that is not in compliance with the terms and conditions of the Contest.
- If for any reason the Contest is not conducted as planned, whether caused by infection of computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Organiser which corrupt or affect the administration, security, fairness or integrity of the Contest, the Organiser reserves the right in its sole discretion, to cancel, terminate, modify or suspend the Contest.
- In the event of war, terrorism, state of emergency or disaster the Organiser reserves the right to cancel, terminate, modify or suspend the Contest.
- Facebook and Instagram are not sponsors of the Contest. The Contest is in no way endorsed or administered by or associated with Facebook or Instagram. You understand you are providing your information to the Organiser and not to Facebook or Instagram.
- Any personal information collected by the Organiser is for the sole purpose of conducting the Contest including the judging of entries and notification of the winners of the Contest under these terms and conditions. By participating in any such Contest, participants consent to the Organiser's use of their personal information in accordance with the terms and conditions of the Contest.
- The Organiser reserves the right to suspend and/or disqualify any participant from participating in any Contest and the Organiser shall not be required to provide any reason or justification to such participant.