Terms of Use

Access to this site is granted by us, CapitaCommercial Trust Management Limited ("CCTML"), the manager of CapitaCommercial Trust (CCT), and CapitaLand Commercial Management Pte Ltd, the property manager and attorney appointed by and acting for HSBC Institutional Trust Services (Singapore) Limited as trustee of CCT, 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 us and which is presently at [www.cct.com.sg] and/or such other URLs as may be designated by us from time to time, including but not limited to the information, data, text, images, links, sounds, graphics and video sequences displayed herein (the "Materials"). A reference to the "Services" includes a reference to the services, products, leases and licences offered through this website or for which payment is made through this website.


By accessing this website and/or using the Services, you agree to be bound by and becoming party to a legally binding contract (the “Contract”) between yourself and HSBC Institutional Trust Services (Singapore) Limited as trustee of CCT (the “CCT Trustee”), that is governed by the terms and conditions below ("Terms") and any operating rules or policies that we may publish from time to time and/or make available at this website including the privacy policy. The provision of a specific Service may in addition be subject to specific terms and conditions governing that Service, which for the avoidance of doubt, shall be part of the Contract, and such additional terms and conditions shall prevail over these Terms in relation to such specific Service, in the event of any conflict or inconsistency. If you do not agree to any of these Terms, please discontinue your access immediately.


Use of CCT Car Park System


In using the CCT Car Park System and/or in applying for an account to access or utilize Services on the CCT Car Park System, you warrant that:


  1. you are at least 18 years of age;
  2. you possess the legal authority to create a legally binding obligation between yourself and the CCT Trustee;
  3. 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 CCT Trustee and the said corporate/business entity.
  4. you will use the Services in accordance with the terms and conditions in the Contract;
  5. all information supplied by you for the use of the Services, on this website is true, accurate, current and complete during the registration process and you shall update such information to keep it accurate, current and complete; and
  6. 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 authorized such activities or actions.

Your obligations


You acknowledge and agree that you shall be solely responsible for compliance with any and all laws, rules and regulations that may apply to your access and use of this website and/or Services.


In relation to your use of this website and/or the Services, you warrant, represent and agree:-


  1. where applicable, to use the unique accounts and passwords, assigned by us, to gain access to this website;
  2. not to share any assigned accounts;
  3. to change your password at least once every 6 months;
  4. that your password shall be at least 8 characters, consisting of alphabets and numbers;
  5. not to share your password;
  6. that you shall be responsible to protect your password and not communicate the password to other user or keep a record of the password;
  7. to change the assigned password upon your first login;
  8. to report the following matters to the IT Helpdesk immediately (ask-us@capitacommercial.com): (i) irregularities found for granted access; and (ii) suspicion that your password and/or our information has been compromised;
  9. to comply fully with all the directions and/or instructions issued by us from time to time in respect of the use of this website;
  10. to abide by all applicable laws and regulations in the use of this website;
  11. not to share or disclose your UserID and Password (defined below) to any other party;
  12. not to impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
  13. 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;
  14. not to gather and use the information and/or particulars posted or transmitted through this website for unsolicited advertising or other unauthorised purposes;
  15. not to use this website and/or the Services for illegal purposes;
  16. 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;
  17. 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;
  18. not to use this website or Services for any other purposes that are not expressly permitted by the Contract;
  19. not to infringe the rights of any person or entity, including but not limited to, their intellectual property rights, privacy, or contractual rights;
  20. not to register for more than one account with us, except with our express consent;
  21. not to attempt to probe, scan, or test the vulnerability of our system or network or breach any authentication measures;
  22. not to avoid, bypass, deactivate, remove, or otherwise circumvent any technological measures implemented by us or any of our providers to protect this website; and/or
  23. not to advocate, encourage or assist any third party in doing any of the foregoing.

You acknowledge and agree that we shall have the right to investigate and prosecute any violation of any of the subprovisions in the preceding paragraph to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the above subprovisions.


For the avoidance of doubt, you acknowledge and agree that we have no obligation to monitor your access and use of this website or Services, but we retain the right to do so.


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. If new or different versions of the web browser and/or other software and/or hardware and/or equipment necessary for the operation of our website becomes available, we reserve the right not to support any prior version of the web browser or other software. If you fail to upgrade the relevant software and/or web browser or to use the enhanced version of software and/or web browser as required by us, we may reject your transactions, or process your transactions incorrectly, or you may not be able to obtain access to all features and/or Services available, and neither we nor the CCT Trustee shall be held liable as a result thereof.


Disclaimer on information in respect of CCT


The information provided in this website in respect of CapitaCommercial Trust (CCT), CapitaCommercial Trust Management Limited, the manager of CCT, CapitaLand Commercial Management Pte Ltd, the property manager of CCT, and HSBC Institutional Trust Services (Singapore) Limited as trustee of CCT, is provided "as is" and "as available". We do 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..


The information 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 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


We reserve the right, but shall not be obliged to:-


  1. 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;
  2. investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;
  3. in our absolute discretion, and without stipulating any reason, prevent or restrict your access to this website or any part thereof;
  4. in our absolute discretion, and without stipulating any reason, stop, suspend, modify, delete or edit any Material appearing on this website or part thereof;
  5. request from you information and data relevant to your use of this website and/or the Services at any time and to exercise our rights under this Terms of Use if you refuse to divulge such information and/or data or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data; and
  6. 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.

We may at our absolute discretion make changes or modifications from time-to-time (including changes to its standards and procedures relating to the Services, whether or not it results in an upgrade or a downgrade of Services performance), without notice.


Intellectual Property


The copyright in this website is owned by CCT and/or CCTML 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 our prior written permission 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 our 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 CapitaLand Limited, CCT, CCTML and others. Nothing on this website should be construed as granting, by implication, or otherwise, any license or right to use any Trade Mark displayed on this website, without our written permission or other Trade Mark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law. We prohibit the use of the Trade Marks, the name of CapitaLand, CCT, CCTML or any other trade mark owned by the same as a "hot" link to any website unless establishment of such a link is approved in advance by us in writing.


We do not represent or warrant that your use or application of this website and/or the Services will not constitute an infringement or misuse of any intellectual property rights.


You agree to assume all risks arising out of or relating to your use of this website and the Services. Notwithstanding anything that may be to the contrary, we make no warranty that any information, software or any material made available by us via the Internet relating to this website and/or the Services does not contain computer viruses and CCTML accepts no responsibility or liability whatsoever relating to the aforesaid.


Third party products and services


We 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. We do 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 us, and shall be subject to the terms and conditions of the individual third parties. We shall not be deemed to be a party to any contracts for such products and/or services.


We 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.


Exclusion of liability


You acknowledge that use of this website and/or the Services presents the possibility of human and machine errors, omissions, delays, and losses, including the inadvertent loss of data which may give rise to loss or damage suffered by you, and you agree not to hold us or the CCT Trustee liable in any way whatsoever for the said loss or damage.


We make no guarantee, representation or warranty whatsoever :


  1. that this website and/or the Services will be available on a continuous or 24x7 basis; and
  2. of the effect or benefits that can be derived by you from using this website and/or the Services.

You acknowledge that our systems, servers and equipment, or such other third party systems, services and equipment, used to operate this website, may from time to time be inoperative or only partly operational as a consequence of mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other causes whatsoever. We may schedule downtime for this website for maintenance purposes without giving notice thereof. We shall not be liable for any loss, damage, claims, costs or expense of any kind arising from any such downtime, or from any unavailability or inoperability of any telecommunications systems or internet, technical malfunction, error, omission, interruption, delay in operation or transmission, computer error or viruses, any failure in communication lines or telecommunications networks, or any corruption or loss of data or other disruption of any kind.


All express and implied warranties or conditions, statutory or otherwise as to completeness, accuracy, sufficiency, quality or fitness of this website and/or the Services for any purpose or any business whatsoever whether known to us or otherwise, are hereby excluded. We give no condition, warranty, or undertaking, and makes no representation about the:


  1. a) suitability of, or fitness of this website and/or the Services for your purposes; or
  2. b) availability of this website and/or Services or operational availability of this website and/or the Services.

We shall not be liable for our failure to perform our obligations if, and to the extent that, such failure results from you failing to perform any of your obligations under the Contract.


We and the CCT Trustee 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 Services provided 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 Services, products, information, data, software or other material obtained from this website or from any other website linked to this website,

even if we or its agents or employees are 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.


Nothing in the Contract shall in any way exclude or restrict a party’s liability for death or personal injury resulting from the negligence of that party.


Indemnity


Notwithstanding anything that may be to the contrary, you undertake to indemnify and at all times hereafter to keep each of the CCT Trustee, CCTML and its related corporations (together with their respective officers, employees and agents) (each an “Affected Party”) indemnified against any and all losses, damages, actions, proceedings (whether such proceedings have been brought or are threatened to be brought), costs, claims, demands, liabilities (including full legal costs on a solicitor and client basis) which may be suffered or incurred by the Affected Party or asserted against the Affected Party by any person whatsoever, in respect of any matter or event whatsoever arising out of, in the course of, by reason of or in respect of:


  1. the performance of the Services;
  2. a breach by you of any of the provisions in the Contract, including but not limited to a breach of any of the warranties or undertakings in the Contract; and
  3. an act or omission of you or your employees, agents or sub-contractors.

Termination


Except as may be otherwise stated in the Contract, we may terminate the Contract by providing written notice to you where:


  1. we provide not less than one (1) month’s prior written notice to you (i.e termination without cause); or
  2. if you breach any of the terms and conditions of the Contract and we have given fourteen (14) days’ notice of such breach and you have failed to rectify such breach within that time.

In addition, we may terminate the Contract and cancel your account immediately where :


  1. We are of the opinion that this website and/or the Services has been used by you in any manner unacceptable to us, and where we have given fourteen (14) days’ notice of such breach and you have failed to rectify such breach within that time;
  2. you have outstanding payment or any other monies due and payable to us or the CCT Trustee, if any, which remain unpaid, and where we have given fourteen (14) days’ notice of such breach and you have failed to rectify such breach within that time;
  3. We are unable to provide the Services due to lack of reasonable operating capacity;
  4. you have been adjudged bankrupt or if a receiving order has been made against you, or if you are insolvent or is in liquidation (whether voluntary or compulsory) or if you have made compositions or arrangements with, or assignment for the benefit of, your creditors;
  5. you, in the case of a corporation, have a winding-up petition presented against you, or have a receiver or a receiver and manager or a judicial manager appointed;
  6. you, in the case of a corporation, have in our reasonable opinion, ceased to carry on business;
  7. the continued operation of this website and/or the Services would in our opinion (at our absolute discretion) be unlawful or be commercially non-viable to us;
  8. in our reasonable opinion, you attempted to use, is likely to use or have used this website and/or the Services (whether with or without the authorisation and/or permission of us) in contravention of any law; or
  9. any material information provided or representation made by you to us is untrue, misleading or inaccurate and has an adverse material impact on us or CCT in relation to the provision of this website and/or the Services.

We reserves the right to immediately suspend this website and/or the Services and/or terminate the Contract if we are unable to provide this website and/or the Services or is unable to continue providing this website and/the Services due to a termination of the underlying licence or agreement permitting us to use the software or system through which this website and/the Services are to be provided. We shall not be liable to you whatsoever and you shall not be entitled to receive any compensation from us, arising from such immediate termination.


Regardless of termination of the Contract for any reason, you shall remain obligated to make all payments and any other sums that have accrued or are otherwise owed by you to the CCT Trustee up to the date of termination, if any.


Unless otherwise expressly stated, any termination by either party of the Contract shall be without prejudice to any other rights or liabilities of either party accrued prior to and including the date of termination.


Any termination or suspension of this website and/or the Services by us for whatever reasons shall not entitle you to receive any compensation in respect of the termination. For the avoidance of doubt, notwithstanding termination of the Contract for any reason whatsoever (including where it is terminated by you), payment is not refundable to you and any payment shall be wholly retained by the CCT Trustee for its absolute disposal and use.


Any termination of the Contract (howsoever occasioned) shall not affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.


Governing Law


Any Services offered through this website are strictly for your access and/or use in Singapore. 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 the provision of such Services and you agree to submit to the non-exclusive jurisdiction of the Singapore courts. You agree that our records and any records of communications, instructions made, performed, processed or effected through this website by us, 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.


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. We will notify you of such amendments by posting the amendments on-line at this website or such other method of notification as may be designated by us, which you agree shall be sufficient notice for the purpose of this clause. If you do not agree to be bound by the amendments, you shall cease all access and/or use of this website and/or Services. You further agree that if you continue to use and/or access this website and/or Services after being notified of such amendments to these Terms, such use and/or access shall constitute an affirmative:- (1) acknowledgement by you of these Terms and its amendments; and (2) agreement by you to abide and be bound by these Terms and its amendments.


Miscellaneous


The waiver by a party of a breach or default of any of the provisions of the Contract by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of a party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party. A waiver has to be in writing to be effective.


If any of the provisions of the Contract becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.


You shall not assign, transfer, charge or otherwise deal with the Contract or any obligation under the Contract, without our prior written consent .


We and the CCT Trustee have the right to assign or transfer all or part of its rights, benefits and/or obligations under the Contract.


We and the CCT Trustee have the right to enter into any sub-contract for the performance of any of its obligations under the Contract without your prior consent.


A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any term of the Contract.


Last updated as at 16 November 2016

Copyright © 2013 CapitaCommercial Trust. All rights reserved.