This Agreement is made between Frasers Property Management Services Pte. Ltd. (UEN: 200201129Z) ("Frasers", "FPMS", "us" or "we" as the case may be) and you with respect to your use of the App and any functionalities, services or features offered via or in connection with the App, and references in this Agreement to the use of the App extend to the use of such functionalities, services or features as well.
You are not eligible to use this App without our consent if you are under 18 years of age. By using the App, you hereby confirm and warrant that you are 18 years of age or older.
You must read in its entirety, agree with, and accept all the terms and conditions contained in this Agreement, including all the service-specific annexes set out below as well as any documents, materials or information incorporated by reference herein, all of which form part of this Agreement, before you use the services provided on the App ("Services").
Frasers may introduce and provide new Services from time to time and shall notify you of any new terms and conditions governing such Services as they are introduced. Such terms and conditions will supplement, form part of this Agreement and take effect from such time you use the particular Service.
We may from time to time update the terms of this Agreement by posting amendments at the following URL: https://www.frasersexperience.com/app-terms-of-use, or whenever we post an update to this App. By your continuing to use this App after any such amendment, you agree to be bound by the Agreement as so amended.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ARE INELIGIBLE TO USE THIS APP, PLEASE UNINSTALL AND DO NOT USE THIS APP.
- Your Use of the App
- Subject always to your continuing compliance with the terms of this Agreement, we agree to grant you a non-transferable, non-exclusive licence to use the App insofar as owned by or licensed through us on the Device and only for your own purposes or internal business purposes, on and subject to the terms of this Agreement. All other rights not expressly granted to you are reserved.
- Some software components used in our App may be offered under an open source or other licence as we may notify you of, in which case your use of those components is governed by such terms to the extent only of any inconsistency between this Agreement and those terms.
- Without prejudice to the generality of the foregoing, you shall not (and shall not, knowingly or otherwise, authorise, allow or assist any third party to):
Nothing herein prohibits your exercise of any express statutory rights you may have under Applicable Law in relation to the App.
- (a) modify or adapt the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other app, programs or other platforms created by you;
- (b) disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code of the App or any components thereof;
- (c) communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the App;
- (d) use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any Singapore or foreign law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to this Agreement), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority (together, the "Applicable Laws"), including in infringement of our intellectual property rights or those of any third party in relation to the App;
- (e) use the App in a way that could damage, disable, impair or compromise the App (or the systems or security of the App or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of Frasers; nor
- (f) use any automated process or service to access and/or use the App.
- You further agree and acknowledge that:
- a) it shall be your sole responsibility to, at your own cost:
- (i) obtain all necessary hardware, software and communications services necessary for your use of the App;
- (ii) install antivirus or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of the App; and
- (iii) make back-ups of your data, as the data on the App may be subsequently deleted by us or our service providers at any time without notice to you;
- (b) the licences granted herein do not confer on you any rights to use "Frasers", "Makan Master Programme", “Frasers Experience”, “FRx”, “Frasers Pay” and any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the App (collectively "Trade Marks"), all of which are and remain the property of Frasers.
- (c) we shall have the right to:
in any such event, you agree that no claims shall lie against us or our agents or our service providers in connection therewith.
- (i) automatically update the App and its components on your Device, add or remove functionalities, features or Services (collectively, "App Functions"), vary or impose user account rights, resource limits or fees or suspend or terminate App Functions and/or user rights;
- (ii) deny or restrict access to this App or any App Functions whether to any user or generally, or to block access from or to any resources, at any time, without ascribing any reasons whatsoever; and
- You acknowledge and agree that this App 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 the use of the App may be made public on the App, and also read or intercepted by others. Use of the App is entirely at your own risk.
- The App may also use digital certificates. You are solely responsible for deciding whether or not to rely on such certificates and your reliance on any digital certificates is at your sole risk.
- You further acknowledge that the App is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the App or the App Functions could lead to death, personal injury, or otherwise result in significant financial loss or business interruption.
- The App may provide links to external sites whose data protection and privacy practices may differ from those set forth here. We are not responsible for the content and privacy practices of these other websites and you agree to review and abide by the data protection and privacy notices of those sites.
- Third Party Content
- You further acknowledge and agree that any use by you of any content made available through the App (including Third Party Content) is entirely at your own risk. Frasers does not verify and is not in a position to verify any party’s rights to submit any content on the App, and Frasers takes no responsibility and assumes no liability, whether direct or indirect or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits or any other commercial damages or losses, for any content provided by any third party, or for your use of the same.
- We shall have the right (but not the obligation) to remove or disable access to any content which we deem to be potentially defamatory of any person, unlawful, objectionable in any way, in violation of any third party rights, or for any reason whatsoever. Any editing or removal of any such content from the App shall be without prejudice to our other rights and remedies available at law.
- No Endorsement
- You agree that all content (including Third Party Content) made available on the App is of a general nature and does not purport, and shall not in any way be understood as constituting an offer or provision of any inducement, invitation or recommendation relating to any products, services or investments nor constitute investment, financial, legal or tax advice or recommendation.
- You acknowledge and agree that Frasers:
- (a) does not endorse or recommend any products or services via this App and that any arrangement entered into between you and any other user of the App or any third party named or linked to from the App is at your sole risk and responsibility; and
- (b) is not responsible for any Third Party Content or any decisions made by you based on any information posted on the App. You further understand, acknowledge and agree that we make no warranties or representations in respect of, nor do we guarantee the accuracy, timeliness, completeness, integrity or quality of any Third Party Content or any other content or material which may be accessed or made available via the App.
- Third Party Sites and Links
- Links to third party sites may be made available on the App. We have no control over such third party sites, and you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or materials on or available through such sites or resources, including Third Party Content. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site or resource.
- You further acknowledge that your access to and/or use of third party sites is entirely at your own risk, and that third party sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those sites and resources.
- We do not warrant that the third party sites will meet your requirements or that the same will not cause you any loss of any kind, and you agree that to the maximum extent permitted by law, Frasers shall not be liable for any loss or damage of any kind incurred in connection with your use or reliance on any content, information or other materials on or available through such third parties.
- Disclaimer of Warranties and Liability
- To the maximum extent permitted by law, you irrevocably agree and acknowledge that:
- (a) the App (together with any App Functions, Third Party Content or other content or information provided via the App) are provided on an "as is" and "as available" basis, with all faults and without warranty of any kind. Your use of the App is at your own risk and you are responsible for compliance with all Applicable Laws;
- (b) we do not warrant that the App Functions contained in or performed, provided or enabled by or through the App will meet your requirements, that the operation of the App will be uninterrupted or error-free, or that defects in the App will be corrected. Without prejudice to the foregoing, Frasers does not warrant and hereby disclaims any representation, warranty or term with respect to the App, whether express, implied or statutory, including but not limited to:
- (i) merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement of third party rights, or as to the accuracy, correctness, reliability, timeliness, non-infringement of or compliance with any laws, regulations and/or third party rights in connection with the App, App Functions or Third Party Content;
- (ii) the App or any App Functions associated therewith being uninterrupted or error-free, or that defects will be corrected or that this App and any related computer system is and will be free of all viruses and/or other harmful elements;
- (iii) the App or any App Functions or Third Party Content will at all times be available and/or accessible;
- (iv) non-interference with your enjoyment of the App; and
- (v) the App being compatible or working with any third party software, applications or third party services.
- You expressly acknowledge and agree that, to the maximum extent permitted by Applicable Law, use of the App and any App Functions performed
- Further, nothing in this Agreement constitutes any representation or warranty by Frasers as to your rights (if any) to use any content submitted by any third parties, including Third Party Content, all of which representations and warranties are expressly disclaimed.
Limitation of Liability
- You agree to fully indemnify and hold harmless Frasers, our affiliates, officers, employees, agents and service providers (collectively, the "Indemnitees") from and against any claim, demand, loss, damage, cost, or liability (including legal fees) which any of the Indemnitees may suffer or suffers in connection with or arising from (a) your breach of this Agreement; (b) your access or use of the App and the App Functions; (c) any action taken by us either as part of our investigation of any suspected breach of this Agreement or as a result of our finding or decision that a breach of this Agreement has occurred; (d) your breach of any rights of any other person.
- This Clause 7 shall survive the termination or expiration of this Agreement (howsoever caused).
- To the maximum extent allowed under Applicable Law:
- (a) Frasers, our affiliates, members, officers, employees, agents, partners and service providers shall not be liable for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result (direct or indirect) of or otherwise in connection with your use of or reliance on the App, including but not limited to any claim, damage or loss suffered (whether incidental, special, indirect or consequential) as a result of or in connection or in reliance of any Third Party Content or other content or any other information made available or accessed on or through the App or contained in or available from the App or your use or reliance on any products or services available on or accessed via the App and / or the App Functions or any infringement of any rights arising in connection therewith, including without limitation any loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, regardless of the cause thereof and even if we have been advised of the possibility thereof; and
- (b) in no event shall Frasers, our affiliates, members, officers, employees, agents, partners and service providers be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the App or any third party software or applications in conjunction with the App, howsoever caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.
- In no event shall Frasers', our affiliates', officers', employees', agents', partners and service providers' total liability to you for any and all damages not excluded (other than as may be required by Applicable Law in cases involving personal injury) exceed in aggregate S$10.
- We reserve the right to terminate or suspend your use of the App without prior notice to you, at any time and for any or no reason. Without limiting the foregoing, if you breach this Agreement, or conduct yourself in a manner that we deem to be detrimental to the integrity, security and operation of the App or any information systems connected or in operation with the same, we reserve the right to suspend or permanently terminate your access to the App for any reason in our sole and absolute discretion.
- You agree and acknowledge that any suspension or termination of your access to the App may be effected without prior notice, and agree that the App may immediately deactivate.
- This Agreement constitutes the entire agreement between you and Frasers relating to the App and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding on Frasers unless in writing and signed by Frasers' authorised representatives.
- 1.1 Any translation of this Agreement is only for informal guidance, and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.
- 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.
- The provisions of this Agreement are severable, and if any provision, or any portion thereof, is determined by a competent court or tribunal to be illegal, invalid or unenforceable for any reason, 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 intention of the parties' to this Agreement.
- No omission or delay on a party to this Agreement in exercising any or part of its rights under this Agreement shall operate as a waiver thereof.
- The rights provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
- You shall not delegate, assign, sub-license, sub-contract or otherwise deal with any of your rights and/or obligations under this Agreement without Frasers' prior written consent. Frasers may, by way of written notification to you, delegate, assign, sub-license, sub-contract or otherwise deal with any of its rights and/or obligations under this Agreement.
- The parties to this Agreement hereto are independent contractors, and nothing in this Agreement shall create, or be deemed to create, a partnership between the parties to this Agreement.
- A person who is not a party to the Agreement shall have no right to enforce or enjoy the benefit of any term of this Agreement under the Contracts (Rights of Third Parties) Act (Chapter 53B).
Notice and Procedure for Making Claims of Copyright Infringement
- This Agreement (including the specific sets of terms and conditions governing each Service on the App) shall be governed by, and construed in accordance with, the laws of Singapore. You hereby submit to the non-exclusive jurisdiction of the Singapore courts.
- If you believe that your copyright material has been copied in a way that constitutes copyright infringement, please provide written notice to us with full details as prescribed in Part IXA of the Singapore Copyright Act (Chapter 63), to be submitted to our designated representative, as follows:
Ms. Fara Hatta, Senior Manager, Marketing
438 Alexandra Road, #21-00, Singapore 119958
Contact: Fara.H@frasersproperty.com, +65 6276 4882
- We will only process notices in the English language that comply with the Singapore Copyright Act, other Applicable Laws and this Agreement. Any notices that do not comply with the above will be rejected.
- Upon receipt of a compliant notice of infringement, Frasers may take further steps in depending on the nature of the alleged infringement described in the notice, which may include the matters described in the Singapore Copyright Act as applicable to network service providers.
Annex 1 – Digital Gift Cards Terms and Conditions
Consumer advisory — Frasers Property Management Services Pte. Ltd, the holder of Frasers Property Singapore Gift Card stored value facility, does not require the approval of the Monetary Authority of Singapore. Consumers (users) are advised to read the terms and conditions carefully.
- The Frasers Property Gift Card stored value facility is provided to you by FPMS. As the holder of the stored value facility in respect of the Frasers Property Gift Cards, FPMS holds the stored value in your Frasers Property Gift Cards.
- The terms and conditions in this annex ("DGC Terms") form part of the Agreement and will apply to your use of the Frasers Property Gift Cards held in electronic form on the App ("Digital Gift Cards"). In the event of any conflict or inconsistency between these DGC Terms and any other provisions in the Agreement, these DGC Terms will prevail.
- All capitalised terms in the DGC Terms will have the same meaning ascribed to them in the Agreement, unless indicated otherwise.
- Digital Gift Card
- The Digital Gift Card:
- (a) may be purchased at a minimum value of S$10, or any larger value in multiples of S$10, up to a maximum of S$500 per Digital Gift Card;
- (b) may be redeemed at participating retailers ("Gift Card Participating Merchants") at the malls managed by FPMS ("Frasers Property Malls"), the full list of which may be obtained from https://www.FrasersExperience.com.
- (c) may be used multiple times until its stored value is exhausted;
- (d) may be combined with other modes of payment accepted by the Gift Card Participating Merchant, if its stored value is insufficient;
- (e) may be combined with one or more other Frasers Property Gift Cards (whether a Digital Gift Card or a bearer Frasers Property Gift Card in physical form ("Physical Gift Card")) as payment for a single purchase; and
- (f) can only be used / redeemed through the App.
- The holder of the Digital Gift Card will not be entitled to earn points under the Frasers Experience programme for the purchase value of the Digital Gift Card.
- Purchases of Digital Gift Cards
- Purchases of Digital Gift Cards may be made via:
- (a) the App using the payment methods made available on the App by FPMS from time to time
- (b) the purchase of a Physical Gift Card at any Customer Service Counter and thereafter loading the Physical Gift Card on to the App as a Digital Gift Card. For the avoidance of doubt, this set of terms will not apply to the use of Physical Gift Cards which are directly used at Gift Card Participating Merchants (i.e. where the Physical Gift Card is not loaded on to the App as a Digital Gift Card).
- You may purchase multiple Digital Gift Cards subject to an aggregate maximum value of S$2,000. Please contact firstname.lastname@example.org for any bulk purchases of Digital Gift Cards exceeding S$2,000 in aggregate.
- Redeeming Gift Cards
- Digital Gift Cards cannot be used to purchase other Frasers Property Gift Cards.
- If the value of your purchase exceeds the value of the Digital Gift Card, any outstanding purchase balance must be paid using a different payment method.
- Loading on the App / View your balance
- You may load your Digital Gift Card on the App, and view your Digital Gift Card balance, by following the relevant on-screen instructions.
- While you may load multiple Digital Gift Cards on your App, each Digital Gift Card will be reflected separately on the App (i.e. each Digital Gift Card and its individual balance will be reflected separately instead of one combined balance).
- If the Digital Gift Card has not been reflected in your App within 24 hours after you have made a purchase of a Digital Gift Card on the App, or loaded the Digital Gift Card on your App, please contact FRhelp@frasersproperty.com. Please refer to your Digital Gift Card number, or be ready to supply your email address.
- Gifting of Digital Gift Cards
- When you purchase a Digital Gift Card for the purposes of gifting it to a recipient, the recipient will receive an email confirmation containing instructions to load the Digital Gift Card onto his/her App. We are not responsible for Digital Gift Cards that are undeliverable or not received due to your failure to enter an accurate email address for the recipient. If the recipient has not received the email confirmation within a reasonable period after the gifting has been initiated, the following is a list of the most common reasons why delivery may have failed:
If a spam filter is blocking our emails from getting to the recipient’s inbox, the email options/settings of the recipient will need to be modified so that our emails are not considered spam.
- (a) spam filter blocked email or routed it to a bulk/spam folder;
- (b) recipient's firewall blocked the email;
- (c) email inbox has exceeded its size limit; or
- (d) invalid email address.
- If the recipient has not yet received an email confirmation within 24 hours after you have initiated the purchase of the Digital Gift Card for the purposes of gifting it to a recipient, or if you need further assistance, please contact FRhelp@frasersproperty.com. Please refer to your Digital Gift Card number, or be ready to supply your email address.
- The stored value in the Digital Gift Card is valid for 1 year from date of activation unless otherwise stated. No extension or refund of the unutilised stored value will be granted.
- The Digital Gift Card is a stored value gift voucher. It is not a cash card or a substitute for cash. The stored value in the Digital Gift Card is a non-refundable pre-payment for goods and services at Gift Card Participating Merchants and may only be redeemed for such goods and services. It may not be refunded, converted to or exchanged for cash, or transferred to another Digital Gift Card or Physical Gift Card, regardless of whether the stored value has been fully or partially unutilised.
- FPMS shall not be responsible for any of the Gift Card Participating Merchants withdrawing from the Frasers Property Gift Card programme. The list of Gift Card Participating Merchants are subject to change at any time without notice.
- If FPMS intends to terminate the Digital Gift Card (or the Frasers Property Gift Card) programme for any reason, you will be given a grace period of at least 6 months to redeem at Participating Merchants.
- Once loaded onto the App, the value in the Digital Gift Cards cannot be transferred to any other person.
- While you are permitted to give a Digital Gift Card as a gift, a Digital Gift Card may not be resold by the purchaser or user for money or money's worth.
- Rights of FPMS
- FPMS may in its discretion invalidate any Digital Gift Card which is suspected of being cloned, stolen, fraudulently issued or used, in which case the unutilised stored value will not be refunded.
- FPMS shall be entitled to correct the stored value balance on any Digital Gift Card to rectify any accounting or processing error.
- FPMS reserves the right at any time and at its sole discretion, to limit, add, amend, replace or delete in whole or part any of these DGC Terms. The amendment shall be binding on the Digital Gift Card purchaser or user upon publication of the amended version on FPMS website at https://www.FrasersExperience.com or on the App. In case of any inconsistency between the online and printed versions of the terms, the online version shall prevail. In any event, if you continue to use the Digital Gift Cards after such amendment, you shall be deemed to have accepted the amendments.
- FPMS makes no representation or warranty that the use or processing of the Digital Gift Card will be error-free or prompt, or that the Digital Gift Card will be accepted by all retailers at the Frasers Property Malls.
- Risk of loss
- Once purchased, ownership and risk of loss of Digital Gift Cards passes to you as soon as we send our confirmation to you. We are not responsible for lost or stolen Digital Gift Cards, and such lost or stolen Digital Gift Cards shall not be replaced.
- Customer Service
- If you need assistance with any aspect of the Digital Gift Cards, including but not limited to purchases, ownership or use of the Digital Gift Cards, please contact FRhelp@frasersproperty.com. Please refer to your Digital Gift Card number, or be ready to supply your App account details.
- Limitation of Liability
- FPMS shall not be liable for any indirect or consequential loss or damage, including any loss of income, business, goodwill or profits. FPMS' liability for any claim arising from or in relation to any Digital Gift Card(s) shall in any event be limited to the last stored value balance(s) on such Digital Gift Card(s).
Annex 2 – Makan Master Programme Terms and Conditions
- The Makan Masters Service is provided to you by FPMS.
- The terms and conditions in this annex ("MM Terms") form part of the Agreement and will apply to your use of the Makan Masters Service. In the event of any conflict or inconsistency between the MM Terms and any other provisions in the Agreement, these MM Terms will prevail.
- All capitalised terms in the MM Terms will have the same meaning ascribed to them in the Agreement, unless indicated otherwise.
- Use of the Makan Master Programme
- By accessing and using the Makan Master Programme on the App, you agree to be bound by the MM Terms.
- The Makan Master Programme provides you with the ability to order now, order ahead, make reservations, takeaway orders, dine in and pay at table at participating retailers at the malls managed by FPMS ("Makan Masters Participating Merchants") through the App, as and when each of these features are made available by FPMS on the App in FPMS' sole discretion.
- While you may effect payments to Makan Masters Participating Merchants through the Makan Master Programme on the App, you acknowledge and agree that such payments are processed operated by third parties and FPMS is not in any way involved in the payment or settlement process.
- Acknowledgement and Agreement
- You acknowledge and agree that:
- (a) FPMS is not involved in handling any payments to Makan Masters Participating Merchants under the Makan Masters Programme, and will not be liable to you in respect of any disputes relating to such payments;
- (b) FPMS reserves the right to investigate complaints regarding the use of the Makan Master Programme or reported violations of these MM Terms and to take any action FPMS deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, the appropriate authorities or regulators and disclosing any information necessary or appropriate to such officials, authorities or regulators;
- (c) any feature or functionality of the Makan Master Programme may be changed at any time without any prior notice to You. Your continued participation in the Makan Master Programme shall be deemed to be your conclusive acceptance of such changes; and
- (d) FPMS reserves the right to alter, modify, add to or otherwise vary these MM Terms from time to time, and in such manner as FPMS deems appropriate. You shall be bound by the terms and conditions so amended. In any event, if you continue to participate in the Makan Master Programme after such amendment, you shall be deemed to have accepted the amendments.
- Limits of Responsibility and Liability
- FPMS is not liable for any loss suffered by you or any third party arising from and in connection with your registration of, access to and use of the Makan Master Programme except where such loss is respectively attributable to FPMS’ negligence or wilful default. Without prejudice to the foregoing, FPMS will not be liable for any inconvenience, loss, cost, damage or injury suffered by you or any third party arising from or in connection with:
- (a) use of the Makan Master Programme by third parties, whether authorized or unauthorized by you;
- (b) theft or loss of your device, hardware and/or equipment on which the App is installed;
- (c) your device being rooted and/or jailbroken;
- (d) you being deprived of the use of the Makan Master Programme;
- (e) any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), or any agent or subcontractor of any of the foregoing; or
- (f) any act or omission by FPMS in compliance with any Applicable Laws, including laws governing personal data protection, and any instructions and/or directions given by any local or foreign regulatory body, government agency, statutory board, ministry, departments or other government bodies and/or its officials.
- FPMS shall not be responsible in any way for any direct, indirect, special or consequential, economic or other damages arising in any way from your entering into any transaction on the Makan Master Programme.
- You agree that any complaints, claims, disputes or refunds in relation to goods and services provided by the Makan Masters Participating Merchants shall be resolved between the Makan Masters Participating Merchants and yourself. FPMS is not liable in any way for any claim or dispute arising between yourself and the Makan Masters Participating Merchant in relation to the Makan Master Programme. FPMS is also not responsible for any benefits, discounts or programmes of any Makan Masters Participating Merchant or for delivery of the goods or services provided by the Makan Masters Participating Merchant. FPMS makes no representation as to the quality, provision of performance of any such goods or services. You acknowledge that FPMS is not acting as agent for any Makan Masters Participating Merchant.
- Your use of the Makan Master Programme may be terminated at FPMS's sole discretion at any time.
- You shall not be entitled to any payment, compensation or damages from FPMS in relation to the termination of your access to and use of the Makan Master Programme.
- FPMS’ rights to suspend or terminate, or request suspension or termination of your access to and use of the Makan Master Programme shall be without prejudice to any other rights or remedies which FPMS may have under these MM Terms, the Agreement and conditions and at law.
Annex 3 – Frasers Experience Terms and Conditions
- FPMS, property managers of the malls of Frasers Property Singapore ("Frasers Property Malls"), shall offer its loyalty service known as Frasers Experience ("Programme") on the App upon the terms and conditions as listed below in this annex ("FRx Terms") to each member of the Programme (a "Member").
- The FRx Terms form part of the Agreement and will apply to your participation in the Programme, including your membership and any entitlement to benefits and privileges under the Programme (including the redemption of any such benefits and privileges). In the event of any conflict or inconsistency between the FRx Terms and any other provisions in the Agreement, these FRx Terms will prevail.
- All capitalised terms in the FRx Terms will have the same meaning ascribed to them in the Agreement, unless indicated otherwise.
- Eligibility and Frasers Experience Membership
- The applicant may register as a Member via the App or at any customer service counter of any Frasers Property ("Customer Service Counter"). In order to be eligible to become a Member, during the registration process, the applicant must provide his/her current, complete and accurate personal particulars as requested, including without limitation, his/her full name, NRIC number, passport number, work permit number, employment pass number or dependant’s pass number, date of birth, local address, contact numbers and such other information as may be required by FPMS from time to time.
- The applicant may be required to produce his/her NRIC, passport, work permit, employment pass, dependent’s pass or any other form of identification acceptable to FPMS ("Form of Identification") for verification purposes in connection with the application.
- The applicant represents and warrants that all information provided by him/her in connection with his/her application are accurate.
- Only individuals aged 18 and above and who are residing in Singapore are eligible to apply for membership in the Programme.
- The applicant acknowledges and agrees that the acceptance of his/her application is subject to the approval of FPMS at its sole and absolute discretion and that his/her application may be rejected by FPMS without assigning any reasons thereto.
- Upon approval of an application, a Frasers Experience membership account shall be opened for the Member ("Frasers Experience Membership Account") and the Member shall be entitled to participate in the Programme and enjoy membership benefits and privileges under the Programme.
- The Programme membership and its associated benefits and privileges are for the Member’s sole enjoyment and shall not be transferable. FPMS reserves the right to vary, amend and modify the benefits and privileges and these FRx Terms at its sole and absolute discretion without prior written notice.
- Each Member can only register for one Frasers Experience Membership Account and it is non-transferable. By accepting the Programme membership, the Member agrees and undertakes to provide any merchants who are tenants or licencees located within the Frasers Property and are taking part in the Programme at FPMS’ sole discretion ("FRx Merchants") proof or verification of his/her identity on demand.
- Unless otherwise terminated in accordance with these FRx Terms, the Programme membership shall be valid for such period determined by FPMS at the time of application.
- Unless otherwise determined by FPMS in its sole discretion, the Programme membership (and any benefits from such membership) shall not be valid at: (a) any property which is not managed by Frasers Property; or (b) any merchant which is not a FRx Merchant.
- Frasers Points and Redemption
- Frasers Points
- (a) The Member shall be entitled to earn points known as "Frasers Points" for the total purchase value at any Merchant outlet.
- (b) Subject to Paragraph 5 below, Frasers Points will be awarded only to Members who scan their member QR code in the App at the point of payment at participating FRx Merchants or by such other means as determined by FPMS from time to time. Members who fail to do so shall not be entitled to retrospectively earn or credit any Frasers Points into their Frasers Experience Membership Account for that transaction.
- (c) The Frasers Points accumulated by the Member will be credited to their Frasers Experience Membership Account within twenty-four (24) hours or such other time periods as shall be determined by FPMS once transaction is verified to be valid.
- (d) FPMS shall have the sole discretion to deduct, cancel or reject/refuse to award Frasers Points for any purchases which in FPMS’s sole discretion is doubtful or not genuine or deduct, cancel or reject/refuse to award Frasers Points that have been wrongfully accorded.
- (e) The Frasers Points earned and accumulated by the Member shall be valid only for the Redemption Year (as hereinafter defined) in which it is earned. A "Redemption Year" means a period of 12 months, starting 01 October and ending 30 September of the following year.
- Redeemable Rewards
- (a) Upon the accumulation of a pre-determined amount of Frasers Points, the Member may redeem the Frasers Points for "Redeemable Rewards". Redeemable Rewards may include, but are not limited to, gift cards and eVouchers which may be used at various merchants (including FRx Merchants, non-FRx Merchants and other third party merchants not located at Frasers Property). FPMS shall have the sole discretion to determine all terms relating to the redemption of such Redeemable Rewards, including but not limited to: (i) the types of Redeemable Rewards made available; (ii) the terms for redemption and use of each Redeemable Reward; (iii) the accrual rate of Frasers Points; and (iv) the number of Frasers Points required for each Redeemable Reward.
- (b) Redemption of Frasers Points shall be made by the Member by submitting an online point redemption request via the App with their username and password. The Member shall provide an acknowledgement as may be required by FPMS upon redemption of any Frasers Points.
- (c) Upon the Member’s request to redeem the Member’s Frasers Points to Redeemable Rewards, the Redeemable Rewards will be credited to the Member's App within twenty-four (24) hours or such longer time period as shall be determined by FPMS.
- (d) Frasers Points shall only be redeemed by the Member for Redeemable Rewards during each Redemption Year in which it is earned and within the grace period given in accordance with Paragraph 3.2(e) below.
- (e) Any Frasers Points that are not redeemed during the Redemption Year in which they are earned will expire and cannot be rolled over upon the expiry of the Redemption Year, save that the Member shall be given a three (3) month grace period following the expiry of the preceding Redemption Year to redeem any unused Frasers Points earned and accumulated at the end of such redemption year, failing which such Frasers Points shall expire and FPMS shall not be responsible to the Member for any unredeemed Frasers Points.
- (f) The total Frasers Points accumulated by each Member shall determine the Member's eligibility to redeem specific Redeemable Rewards in each Redemption Year.
- (g) The validity of the Redeemable Rewards redeemed by the Member shall have a 1 year validity from the redemption date unless otherwise stated.
- (h) Redeemable Rewards earned that are not utilised within the validity period will expire. FPMS shall not be responsible to the Member for any unutilised Redeemable Rewards.
- Instant Rewards
- (a) In addition to Frasers Points and Redeemable Rewards, the Member shall also be entitled to receive "Instant Rewards" which are rewards offered by the individual Frasers Property that may be redeemed by Members who spend a minimum amount (as may be determined by the individual Frasers Property) per day in the respective malls.
Instant rewards may only be redeemed by Members who first scan their member QR code at participating FRx Merchants before personally presenting their member QR code on the day of the purchase at the Customer Service Counter of the relevant Frasers Property. Should the redemption require proof of payment, the actual receipts and/or payment card must be presented for verification. Please refer to https://www.FrasersExperience.com. for listing of participating FRx Merchants for eligibility of Frasers Points earning. All redemption tiers in respect of the Instant Rewards, including but not limited to setting of minimum and maximum redemption amounts, shall be determined by FPMS and shall be at the sole discretion of FPMS.
- (b) The Instant Rewards and manner of redemption may vary amongst the different Frasers Property. All Instant Rewards are subject to availability.
- (c) FPMS reserves the right to sight purchases or proof of payment before granting Instant Rewards redemption and/or Frasers Points earning at Customer Service Counters.
- Frasers Experience Membership Account
- (a) Once any Frasers Points or Redeemable Reward has been utilised, such Frasers Points or Redeemable Reward cannot be refunded or transferred back into the Member’s Frasers Experience Membership Account.
- (b) The Member agrees and acknowledges that his/her Frasers Experience Membership Account, any Frasers Points earned under the Frasers Experience Membership Account, and any Redeemable Rewards redeemed may only be used by the Member in whose name the particular Frasers Experience Membership Account has been registered.
- (c) Frasers Points accumulated or Redeemable Rewards redeemed under different Members’ Frasers Experience Membership Account are non-transferable and cannot be combined.
- (d) Members may be able to check their Frasers Points balance and/or Redeemable Rewards they have redeemed via the App.
- (e) The Member may notify FPMS of any dispute on the Frasers Points and/or Redeemable Rewards by email to FRHelp@frasersproperty.com or such other email address as may be informed by FPMS to the Member at any time or by written notice to FPMS at Frasers Experience Membership, 438 Alexandra Road, #21-00 Alexandra Point, Singapore 119958 within seven (7) days from the date of the transaction. FPMS’ determination of all disputes shall be final, binding and conclusive.
- Personal Data Protection
- Within thirty (30) working days of FPMS’ receipt of the Member’s written notice of withdrawal of consent pursuant to Paragraph 4.2 above, the Member’s Programme membership and entitlement to benefits and privileges under the Programme shall terminate in accordance with these FRx Terms. Upon termination, FPMS shall be released and discharged from any further obligations to the Member.
- If the Member withdraws his/her consent pursuant to Paragraph 4.2 above and/or terminates his/her Membership at any time and for any reason, all unused Frasers Points and Redeemable Rewards shall automatically be cancelled and no longer be available for use by the Member. Upon such termination, the Member’s Frasers Experience Membership Account shall cease to be valid with immediate effect and the Member shall also immediately cease to be entitled to any other benefits and privileges under the Programme.
- Downtime of the App
- In the event of downtime of services available through the App:
- (a) Members can approach the Customer Service Counter at any Frasers Property Mall with their purchases receipt(s) within 7 days, or within the grace period determined by FPMS from time to time;
- (b) Members can return to the respective retailer outlets with purchases receipts made during the downtime, for retrospective Frasers Point earning within 7 days.
- The Member may terminate his/her membership at any time by giving FPMS fourteen (14) working days’ notice in writing.
- FPMS may at its absolute discretion, without prior notice to the Member, suspend or terminate the Programme (in whole or in part) for any reason whatsoever as it deems fit, including but not limited to doubtful or non-genuine activity. FPMS also has the absolute discretion to immediately bar, terminate, change, suspend or cancel the membership or impose additional conditions on the usage of the App. Any failure or delay in taking such actions shall not constitute a waiver of its rights to enforce these FRx Terms.
- If the Programme is suspended or terminated for whatever reason, FPMS shall not be liable to the Members for any losses or damages suffered or that may be suffered by the Member arising either directly or indirectly from the suspension or termination of the Programme.
- Any notice to be given to the Member shall be deemed to have been properly given if sent by prepaid post, email, SMS or any one form of communication mode last recorded in the FPMS’ database system.
- FPMS shall not be responsible for (a) withdrawals of any of the FRx Merchants from the Programme, (b) Frasers Points and/or benefits cancellation caused by withdrawals, or (c) changes or discontinuance of the FRx Merchants which may affect the Frasers Points and/or benefits offered. The list of FRx Merchants are subject to change at any time without notice.
- FPMS shall be entitled to, at any time and without the consent of or notice to the Members, assign or transfer the whole or part of its rights and obligations in relation to the Programme to any other person or entity.
- Limitation of Liabilities
- For the avoidance of doubt, Clauses 6 to 8 of the User Terms and Conditions will apply in relation to each Member's participation in and use of the Programme, and in particular, FPMS will not be liable for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result (direct or indirect) of or otherwise in connection with each Member's participation in and use of the Programme.
Annex 4 – Frasers Booking Services Terms and Conditions
- The Frasers Booking Services ("Booking Services") are provided to you by FPMS.
- The terms and conditions in this annex ("Booking Terms") form part of the Agreement and will apply to your use of the Booking Services on the App. In the event of any conflict or inconsistency between these Booking Terms and any other provisions in the Agreement, these Booking Terms will prevail.
- All capitalised terms in the Booking Terms will have the same meaning ascribed to them in the Agreement, unless indicated otherwise.
- Use of the Booking Services
- FPMS may, from time to time, list events which may be organised by FPMS, its affiliates or other third parties on the App ("Events").
- Where indicated on the App, you may respond via the App to indicate your interest to attend any Event.
- For the avoidance of doubt, your indication of interest for any Event via the Booking Services on the App does not create a legally binding contract between you and FMPS and/or the Event organiser, and in no way guarantees your entry to the Event.
- Limitation of Liability
- Without prejudice to Clauses 6 to 8 of the User Terms and Conditions, and for the avoidance of doubt, FPMS will not be liable for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result (direct or indirect) of or otherwise in connection with your use of the Booking Services, your attendance at any of the Events, or from the cancellation of any Event.