Please read these terms and conditions carefully.
Unless the context requires otherwise, “MPH”, “we” and “us” refer to Mandai Park Holdings Pte. Ltd. and “you” or “your” refers to each such party who is given access or use of the Platform (or part thereof) by us.
Access to and use of password-protected and/or secure areas of the Platform and use of the Services are restricted to authorised users only. You may not obtain or attempt to obtain unauthorised access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Computer Misuse Act (Cap. 50A) of Singapore or equivalent legislation in your home jurisdiction.
1. Definitions and interpretation
2. Licence to use Platform
2.2 You may not under any circumstances:
(a) copy, sell, resell, assign, licence, distribute, transmit, publicly display, rent, lease, lend, export, offer on a “pay-per-use” basis, publish or otherwise reproduce the Platform or any part thereof in any form by any means;
(b) adapt, modify, decompile, disassemble, localise, port and/or reverse engineer the Platform or any part thereof;
(c) remove, obscure or destroy any copyright, trade secret, proprietary or confidential legends or marking placed upon or contained within the Platform;
(d) prepare or develop derivative works based on the Platform;
(f) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(g) attempt to gain unauthorised access to or otherwise interfere or disrupt other systems or networks connected to the Platform or Services;
(h) post, promote or transmit through the Platform or Services any Prohibited Materials;
(i) interfere with another’s utilisation and enjoyment of the Services and/or the Platform;
(j) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another User’s Device or the Services and/or the Platform;
(k) take any action or use the Platform or the Services in a manner which may adversely affect the regular operation of the Platform and/or the Services (including without limitation, actions which excessively overload the systems); or
(l) use the Platform or the Services other than in conformance with the acceptable use policies of any connected networks, any applicable Internet standards and any other applicable laws, or view, listen to, download, print or use the Materials other than as allowed under applicable laws.
2.3 For the avoidance of doubt, we shall not at any time be obliged to provide any adaptations, enhancements and/or modifications to the Platform, including any updates, patches, bug-fixes and/or upgrades to the Platform or any new versions and/or releases of the Platform which incorporate new features or functions.
3. General use of Services and/or access of Platform
3.1 Guidelines to the use of Platform: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of or access to the Platform and/or the Services, as well as any amendments to the aforementioned, issued by us, from time to time. These notices, guidelines and operating rules and policies will generally be notified to you via email, push notification(s) and/or publication on the Platform or such other method of notification as may be designated by us, which you acknowledge shall be sufficient notice for the purpose of this clause. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
3.2 General terms of access and use: The Services may only be accessed by you with the use of your Username and Password (as registered by you in accordance with Clause 4.1). You agree to access and/or use the Platform and/or Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Platform and/or Services in good faith.
3.3 Availability of Platform and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform and/or any Services and shall not be liable if any such upgrade, modification, suspension, discontinuation or removal prevents you from accessing the Platform and/or any part of the Services.
3.4 Right, but not obligation, to monitor content: We and our service providers reserve the right, but shall not be obliged to:
(b) suspend, prevent, disable, terminate or restrict any access to and/or use of the Platform and/or the Services (or part thereof) by any User or Third Party;
(c) report any activity we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities;
(d) request any information and data from you in connection with your use of the Services and/or access to the Platform at any time and to exercise our right under this Clause 3.4 if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data; and/or
(e) without stipulating any reason and in our sole discretion, remove, block, suspend, modify, reject or edit any User Content. For the avoidance of doubt, the foregoing shall permit us or our service providers to reject or remove any User Content for whatever reason.
3.5 User Content: We and our service providers are entitled and authorised to host, represent, display or signify on or through the Platform and/or any Services that any User Content are from you. We and our service providers neither endorse nor assume any responsibility for the contents of your postings, transmissions or communications through the Platform and you are solely responsible therefor.
4. Access to and/or use of Authorised User-only Services
(a) Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the Platform.
(b) We may at any time in our sole and absolute discretion forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any loss or damage suffered by or caused by you or arising out of or in connection with or by reason of such invalidation.
(c) You hereby agree to change your Password from time to time and to keep the Username and Password confidential and protected against unauthorised access at all times. You shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorised use of the Username and/or Password.
4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to the Username and Password shall be deemed to be, as the case may be:
(a) use of or access to the Platform and/or the Services by you; or
(b) information, data or communications posted, transmitted and validly issued by you.
You agree to be bound by any use of or access to the Platform and/or any Services which are referable to your Username and Password (whether such access or use is authorised by you or not) and you agree that we and our service providers shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us and all other Mandai Entities against any and all Losses, damages and expenses (including legal fees) attributable to any use of any Services and/or access to the Platform referable to the Username and Password.
4.3 If you connect to any third party system through the Platform or the Services, you must comply with the relevant terms and conditions for such third party system. You are responsible for the registration and use of any usernames or passwords required to connect to any third party system.
5. Intellectual Property Rights
5.1 Ownership of Platform and Materials: The Intellectual Property Rights in and to the Platform and the Materials are owned, licensed to or controlled by us, our Affiliates, our licensors or our service providers. We reserve the right to enforce its Intellectual Property Rights to the fullest extent of the law.
5.2 Rights in User Content: You warrant and represent that you have the right and authority to submit your User Content and that the User Content or any part thereof does not infringe the Intellectual Property Rights or any other rights of any Third Party. You hereby consent and grant to us, our Affiliates and our service providers a non-exclusive, world-wide, royalty-free, irrevocable licence and right to host, transmit, distribute or use (which will include the right to copy, reproduce and/or publish) the User Content in connection with the Platform and/or the Services.
5.3 Restricted use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant Intellectual Property Right owners. Subject to Clause 5.4, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses if the download or printing functionality is available (e.g. by means of a download or print button), provided always that:
(a) you do not modify the Materials and that we or the relevant Intellectual Property Right owners retain all copyright and other proprietary notices contained in the Materials; and
(b) you do not reuse or retransmit any such Materials (or part thereof) to any other person or entity without our prior written approval or that of the relevant Intellectual Property Right owners.
6. Our limitation of responsibility and liability
6.1 No representations or warranties: The Services, the Platform and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of Third Party rights, title, merchantability, satisfactory quality or fitness for a particular purpose or use, are given in conjunction with the Platform, the Services or the Materials. Without prejudice to the generality of the foregoing, we do not warrant:
(a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Materials;
(b) that the Platform, the Services or that any of the Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected. Where the Platform and/or the Services are unavailable, Users may be able to continue accessing the Services through alternative means as may be determined by and notified to Users at our sole discretion;
(c) that the Platform or the Services will be compatible with any hardware or software, or the files on your browser and/or operating system;
(d) that the Platform, the Services or the Materials are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; and
(e) the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorised Third Parties and/or disclosed by us or our officers, employees or agents to Third Parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
6.2 Exclusion of liability: Mandai Entities shall not be liable to you for any Losses, damages or expenses (including, any direct, indirect, incidental, special, consequential or punitive damages or economic loss or any claims for loss of profits or loss of use) whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use (including prohibitions, restrictions, interruptions and delays in the use of) the Platform or the Services;
(b) any inaccuracies, error or omission, regardless of cause, in the Materials;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, virus or other malicious, destructive or corrupting code, agent program or macros;
(d) any use of or access to any other website or webpage linked to the Platform, even if the Mandai Entities may have been advised of, or otherwise might have anticipated, the possibility of the same;
(e) any services, products, information, data, software or other material obtained or downloaded through the Platform, Services and/or Materials or from any other website or webpage provided through the Platform, Services and/or Materials or from any other party referred through the Platform, Services and/or Materials, or through the use of the Platform, Services and/or Materials;
(f) your use or misuse of the Platform, Services and/or Materials; or
(g) any reliance on the Platform, Services and/or Materials.
6.3 At your own risk: Any risk of misunderstanding, error, Loss, damage or expense resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefor.
7. Hyperlinks, alerts and advertising
7.1 Hyperlinks: For your convenience, we may include hyperlinks to other websites, mobile applications or content on the Internet that are owned or operated by Third Parties. Such linked websites, mobile applications or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website or mobile application. Any hyperlinks to any other websites, mobile applications or content are not an endorsement or verification of such websites, mobile applications or content and you agree that your access to or use of such linked websites, mobile applications or content is entirely at your own risk.
7.2 Advertising: We may attach banners, java applets and/or such other materials to the Platform for the purposes of advertising our (or our Affiliates’ and/or Third Parties’) products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
8. Consent to disclosure & provision of information
8.1 Personal data protection policy: Our personal data protection policy explains how we treat your Personal Data when you access the Platform and/or use the Services. By accessing the Platform and/or using the Services, you agree that we can collect, use and disclose any Personal Data you provide to us in accordance with our personal data protection policy (which may be found at https://www.wrs.com.sg/en/about-us/our-policies/data-protection.html), as may be updated and/or amended by us from time to time.
8.2 Collection of data: In addition to the information that you submit via the Platform, you consent to our systems being programmed to gather certain anonymous data to help us understand how the Platform and/or Services are being used and how we can improve it. This automatically gathered data includes your Device’s IP or “Internet Protocol” address, statistics about how you navigate through the Platform and/or Services, and information provided through the use of “cookies”.
8.3 Consent to receive messages: You consent to and authorise the use by us of any information provided by you (including Personal Data) for the purposes of the sending of commercial messages to you. Your agreement to the provisions of this Clause 8.3 shall constitute your consent for the purpose of the provisions of any personal data and spam control laws (whether in Singapore or elsewhere).
8.4 Cookies: During your use of the Platform, we may issue to and request from your Device "cookies" to enable more convenient browsing when you revisit the Platform. You must not alter any cookies sent to your Device from the Platform and must ensure that your Device sends correct and accurate cookies in response to any relevant request from the Platform.
9.2 Consequences of termination
10.1 Notices from us: All notices or other communications given to you if communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast
10.2 Notices from you: You may only give notice to us in writing sent to our designated channels, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
10.3 Other modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
11.3 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
Definitions and Interpretation
1.1 “Additional Terms” is defined in Clause 3.6.
1.2 “Affiliates” in relation to a corporation, means the holding company of that corporation, a subsidiary of that corporation, a subsidiary of the holding company of that corporation, or an associated company of that corporation.
1.3 “Authorised User” means a registered user of the Platform.
1.4 “Device” means a computer, laptop, mobile phone, smartphone, tablet, phablet, kiosk or other device from which the Platform and/or Services can be accessed and used.
1.5 “Intellectual Property Rights” means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.6 “Loss(es)” means all losses, liabilities, settlement sums, costs (including, without limitation, legal costs and costs of other professionals), penalties, fines, charges, expenses, actions, proceedings, claims and demands, whether foreseeable or not.
1.7 “Mandai Entities” means Mandai Park Holdings Pte. Ltd, and its Affiliates, service and data providers, agents and business partners, and their respective officers, directors, employees, shareholders, agents, independent contractors, successors and assigns.
1.8 “Materials” means, collectively, all content, data, information, functionalities, services or materials displayed, provided or made available on the Platform, including but not limited to text, software, code, scripts, webpages, music, sound, photographs, video, graphics, graphical user interface, forms, diagrams or other material contained in the Platform.
1.9 “New Features” is defined in Clause 3.7.
1.10 “Order” means an order for a MPH’s products and/or services made by a User via the Platform.
1.11 “Password” refers to the valid password that you use in conjunction with the Username to access the Platform and/or Services.
1.12 “Personal Data” means any data about you from which you can be identified, either (a) from that data; or (b) from that data and other information to which we have or are likely to have access, including data in our records as may be updated from time to time.
1.13 “Platform” is defined in the recitals.
1.14 “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
(a) contains any virus or other invasive or damaging code, program or macro;
(b) infringes any Third Party’s Intellectual Property Rights or any other proprietary rights;
(c) is defamatory, libellous or threatening;
(d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law; and/or
(e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.15 “Services” means services, information and functions made available by us and/or our Affiliates through the Platform. “Services” do not include the services which are provided by Third Parties other than our Affiliates.
1.18 "Trade marks” means the trade marks, service marks, trade names and logos used and displayed on the Platform.
1.19 “User” means any party with access to the Platform and/or who uses the Services.
1.20 “Username” refers to the unique login identification name or code which identifies you.
1.21 “User Content” means any information, text, graphics, photographs and/or other materials submitted by any User (including you) for inclusion, implementation, hosting and/or posting through the Platform and/or Services or by such other means as we may prescribe.