Introduction

These terms and conditions (the “Terms and Conditions”) govern the use of Swing By @ Thomson Plaza’s website (the “Website”).

The Website is operated by Link Property Management (Redwood) Private Limited and its affiliated organisation(s) (collectively the “Link Group”), the owner of Swing By @ Thomson Plaza (“Swing By @ Thomson Plaza” or “we” or “us”). By accessing and/ or using the Website, you agree to be bound by the Terms and Conditions. If you do not accept the Terms and Conditions, please refrain from accessing or using the Website.

Terms and Conditions of Use

Conditional Use

1. You understand that all contents and materials on the Website are the exclusive property of Swing By @ Thomson Plaza and agree that you will only download or print such content or material for your own personal and non-commercial use.
2. You will not, without our prior written consent, sell or rent any content or material on the Website.
3. You will not use the Website to commit, engage in, perpetuate or abet any breach of security, fraud, criminal act or offence.
4. You will not assume a false identity or the identity of another user when using the Website.
5. You will not use the Website for any unlawful or illegal activities, including but not limited to spamming, harassing or otherwise causing distress to other users.

Intellectual Property Rights

6. No part of the Website shall 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 consent of Swing By @ Thomson Plaza.
7. You shall not, without Swing By @ Thomson Plaza’s prior written consent, insert a link on the Website or from any other website, frame or “mirror” any material contained on the Website or from any other server to the Website.
8. All trademarks, service marks and logos displayed in the Website are the property of Swing By @ Thomson Plaza and where applicable, third parties identified in the Website. No right or licence is given to you or any other party accessing the Website to download, reproduce or use any of such trademarks or service marks. No such trademark or service mark may be used as a link or to mark any link to Swing By @ Thomson Plaza’s website or any other site.
9. By submitting content, ideas, suggestions, documents, and/ or proposals to Swing By @ Thomson Plaza through the Website, you agree acknowledge and agree that:
1. you will not include any content that is or could be unlawful, defamatory, offensive, obscene, dangerous or false or any content that is protected by copyright or other intellectual property right, without first obtaining permission of the copyright owner or rights-holder, or any contents that contain any viruses, bugs or other harmful elements;
2. you thereby grant Swing By @ Thomson Plaza a perpetual, worldwide, irrevocable, non-exclusive, royalty-free and sub-­licensable right and licence to use and exercise all copyright and publicity rights you have in any media and for any purpose; and
3. you are not entitled to any compensation or reimbursement of any kind from Swing By @ Thomson Plaza under any circumstances.

Personal Data

10. You agree that any personal data (such as your name, NRIC number, address, telephone number or email address) you transmit using the Website will be collected, used and/ or disclosed in accordance with our Privacy Policy.

Disclaimers

11. In no event shall Swing By @ Thomson Plaza be liable to you or any third party for any damages, losses, expenses or costs whatsoever (including without limitation, any direct, indirect, special, incidental or consequential damages, or economic loss or loss opportunity) in connection with or arising out of your use of the Website, or reliance on any information, materials or online services contained or referred to in the Website, regardless of the form of action and even if Swing By @ Thomson Plaza had been advised as to the possibility of such damages. This exclusion clause shall take effect to the fullest extent permitted by Singapore law.
12. While Swing By @ Thomson Plaza has made reasonable effort to ensure the information or materials on the Website is free from error, Swing By @ Thomson Plaza does not warrant the accuracy, adequacy or completeness of the information or material on the Website. The information and materials contained in the Website, including any services, products, information, data, text, graphics, audio, video, links and other items are provided “as is”, and “as available”. We expressly disclaim liability for errors or omissions in the information and materials.
13. The use of any information or materials on the Website is entirely at your own risk. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
14. It shall be your own responsibility to ensure that your access to or use of the Website is not illegal or prohibited by laws which apply to you.

No Warranties/ Representations Made

15. To the extent permitted by law, any condition or warranty which would otherwise be implied into the Terms and Conditions of Use is hereby excluded. Swing By @ Thomson Plaza makes no representation or warranty of any kind whether express, implied or statutory (including but not limited to any warranties of title, non-infringement of third party rights, satisfactory quality, fitness for a particular purpose and freedom from viruses and malicious destructive or corrupting codes, programs or similar items or processes) in conjunction with the Website, or any information and materials contained or referred to in the Website.
16. In addition and without prejudice to Clause 15 above, Swing By @ Thomson Plaza makes no representation or warranty that access to the Website or any part or parts hereof will be provided uninterrupted or free from errors or that any identified defect will be corrected.
17. In addition and without prejudice to Clause 15 above, Swing By @ Thomson Plaza makes no representation or warranty that any product or services advertised on the Website will be available for purchase at any Swing By @ Thomson Plaza shops at the specified price or at all. Responsibility for the content of any advertisements appearing on the Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and/ or services and each advertiser is solely responsible for any representations made in connection with its advertisement(s).
18. The contents of the Website are subject to change by Swing By @ Thomson Plaza at any time without prior notice.

Indemnity

19. You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms and Conditions by you or any other liabilities arising out of your access or use of the Website, or the access or use by any other person accessing the Website using your personal information.

Third Party Links/Content

20. From time to time, the Website may also include links to other websites. These links are provided for your convenience only. They do not signify that we endorse these other websites. We have no responsibility for the content of and do not prescribe the terms and conditions of use these other websites. We make no representations or warranties of any kind in respect of these other websites, in particular, we make no representation or warranty that these other websites do not infringe the intellectual property rights of any person. We are not authorising the reproduction of material found on these other websites. We reserve the right to terminate any link to the linked websites at any time.

Governing Law

21. The Terms and Conditions shall be governed and construed in all respects in accordance with the laws of the Singapore but in enforcing the Terms and Conditions we shall be at liberty to initiate and take actions or proceedings or otherwise against you in Singapore or any other jurisdiction as we may deem fit, and you hereby agree that where any actions or proceedings are initiated and taken in Singapore, you shall submit to the jurisdiction of the courts of Singapore in all matters connected with your obligations and liabilities under or arising out of the Terms and Conditions.

Contract Rights of Third Parties

22. A person who is not a party to any agreement governed by the Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any of the terms of such agreement.

Severability

23. If any of the Terms and Conditions is invalid or unenforceable, the remainder of the Terms and Conditions shall continue to have full force and effect.

Termination

24. Your access to the Website may be terminated at any time without prior notice. All disclaimers and limitations of liability by Swing By @ Thomson Plaza will survive such termination.

Rights Reserved

25. The Terms and Conditions replace any other terms and conditions of use of the Website previously published on the Website. Swing By @ Thomson Plaza reserves any rights not expressly granted in the Terms and Conditions.

Variation

26. Swing By @ Thomson Plaza may amend the Terms and Conditions at any time without prior notice. The Terms and Conditions as amended from time to time shall take effect immediately from the time they are published on the Website. Your continued access and/ or use of the Website following such publication will be deemed your acceptance of the Terms and Conditions as amended from time to time.