TERMS OF USE

 

Last Updated: 01 August 2023

TERMS OF USE

 

Last Updated: 01 August 2023

We would like to invite our site users to read these terms and conditions carefully. A reference to this "website" is to websites owned and/or operated by Orchard Turn Developments Pte Ltd ("ION Orchard") including but not limited to the information, text, images, links, graphics and video sequences displayed therein (the "Materials").

 

Site users, by accessing this website and any web pages thereof, agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this site or any web pages thereof.

 

1   Terms and Conditions

 

1.1 These Terms set out the basis upon which Orchard Turn Developments Pte Ltd (hereinafter "OTD", "we", "us", or "our" as the context requires) makes our ION Orchard application (the "App"), and our website (accessible at https://www.ionorchard.com) (the "Website") available to you. A reference to "App" and "Website" refers to the App and the Website respectively, and includes but is not limited to the information, content, data, text, images, links, sounds, graphics and video sequences displayed therein ("Materials") and the services offered therein ("Services"), collectively the ("Content").

 

1.2 In these Terms, the individual, entity or person to whom these Terms apply to shall hereinafter be referred to as "User", "Customer", "you", "your", or "yours" as the context requires. In these Terms, the "Group" means Orchard Turn Development Pte Ltd and its related corporations and affiliates, our agents, our tenants, our business partners and our service providers, as well as CapitaLand Limited and its related corporations and affiliates (the "CapitaLand Group"), and Sun Hung Kai Properties Limited and its related corporations and affiliates (the "Sun Hung Kai Properties Group"). You and we shall collectively be "Parties".

 

1.3 PLEASE READ THESE TERMS CAREFULLY. BY SIGNING UP FOR AN ACCOUNT WITH US ON THE APP AND/OR USING THE CONTENT ON THE WEBSITE AND/OR THE APP, YOU WILL BE DEEMED TO HAVE AGREED TO THESE TERMS. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, PLEASE DO NOT USE THE APP AND/OR THE WEBSITE (OR IMMEDIATELY DISCONTINUE YOUR ACCESS OF THE SAME).

 

1.4 We may change these Terms from time to time, so please review these Terms regularly. You acknowledge and agree that we may, at our sole discretion, amend or modify any Content and these Terms from time to time, and that any impact and/or consequences of such modification may have on your use of the App and the Website are solely at your cost and risk.

 

1.5 You are deemed to have read and accepted all the Terms by downloading the App, by continuing to access or use the App, and/or by continuing to access or use the Website. If you do not accept any of these Terms, please cease all use of the App and/or the Website, and please uninstall the App.

 

1.6 The "Merchant" or "Service Provider" are references to the third party entity whose products and/or Services are promoted through the App and/or the Website.

2  Use of the App and/or the Website

 

2.1 The App is provided to you as a convenience and use of the App is subject to these terms and conditions.

 

2.2 You will be required to register for an ION+ Rewards account with us before you are entitled to use the functionalities within the App, subject to the prevailing ION+ Rewards Terms and Conditions, available at https://www.ionorchard.com/ionrewards. We shall have the sole and absolute discretion in approving any applications for an account.

 

2.3 Your use of the App's and/or the Website's:

 

a. ION+ Rewards and Carpark$ features shall be subject to the prevailing ION+ Rewards Terms and Conditions, available at https://www.ionorchard.com/ionrewards;

 

b. ION+ Points promotion campaign (including without limitation the 10thAnniversary Spend and Redeem) shall be subject to the respective campaign's Terms and Conditions, available at https://www.ionorchard.com/ionrewards and

 

 

2.4 You agree:

 

a.that 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 authorised such activities or actions;

 

b. not to impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;  

 

c. 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 the App and/or the Website;

 

d. not to gather and use the information and/or particulars posted or transmitted through the App and/or the Website for unsolicited advertising or other unauthorised purposes;  

 

e. not to use the App and/or the Website for illegal purposes; 

 

f. not to infringe the rights of any third party, including but not limited to any third party's intellectual property rights or other proprietary rights or rights of publicity or privacy;

 

g. not to install or use the App on any devices which have been rooted, jailbroken or had the system controls disabled or altered as this may render the device (and your use of the App) more prone to viruses and malware; and

 

h. that we shall have the right to investigate and prosecute any violation of any of the provisions in the preceding paragraphs to the fullest extent of the law. We may involve third parties including Merchants, Service Providers, and/or our tenants in such investigations, and we will involve and cooperate with law enforcement authorities in prosecuting Users who violate the above provisions.

 

2.5 We may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, the App, the Website and/or any information, Materials, Services, functionality or products provided therein and shall not be liable if any such upgrade, modification, suspension or alteration prevents you from accessing the App, the Website and/or any information, Materials, Services functionality or provided or any part or feature thereof.

 

2.6 From time to time we may but shall not be obliged to update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App, and the Materials and/or Services contained therein and we may terminate your account and access to the App.

 

2.7 Notwithstanding any other terms or conditions of the Terms, if we do make updates to the App available, we cannot guarantee your continued access of the App (including without limitation, your continued access to updates on our programmes and membership), if you fail to update the App when use of a newer version of the App is available.

3   User Generated Content

 

3.1 For the purposes of the Terms, "User Content" refers to content created, transmitted, posted and/or uploaded by you on our App and/or Website, including materials, information, news, advertisements, listings, data, input, text, songs, audio, videos, photographs, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, and other content, while "Third Party User Content" means all User Content which is not created, transmitted, posted and/or uploaded by you.

 

3.2 You are solely responsible for making backups of any postings you make or any User Content you upload. We may move, remove or delete User Content at any time without notice to you.

 

3.3 All User Content are not monitored by us. We do not pre-screen nor do we exercise editorial control over any User Content, and are not responsible for the same.

 

3.4 We shall have the right to screen, delete and/or remove any User Content if we receive a complaint from another User or a notice of intellectual property infringement or other legal instruction for removal, or which in our sole and absolute opinion violates these Terms, or is otherwise illegal or objectionable, or any other reason as we may see fit.

 

3.5 We may also block communication by you (including but not limited to feedback, postings, messages and/or chats) to or from the App and/or Website as part of our effort in protecting the App and/or Website or other Users, or otherwise enforcing the provisions of these Terms.

4 Intellectual Property and Content Use Conditions

 

4.1 As between you and us, the App and/or the Website, as well as all Content, User Content and/or Third Party User Content provided via the same, and all intellectual property rights comprised therein respectively (including but not limited to goodwill and copyright) ("Properties"), shall vest in and remain with us, and/or our licensors, Merchants and/or Service Providers, and save as expressly provided herein, you acquire no right, title or interest to the same.

 

4.2 While we do not claim ownership of your User Content, by your creation, transmission, posting and/or uploading of User Content on or through the App and/or the Website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable right to use and exercise any of the rights comprised in any intellectual property and other rights (including without limitation, rights in copyright, publicity and database rights) you have in your User Content in connection with hosting, using, distributing, modifying, running, copying, publicly performing, communicating, displaying, translating and creating adaptations and derivative works of your User Content.

 

4.3 No part of the Properties may be reproduced, adapted, republished, translated, published, displayed, communicated, hyperlinked, posted, transmitted, broadcasted, podcasted, webcasted, distributed, sold, traded or exploited in any manner or by any means or stored in an information retrieval system except to the extent permitted and with our prior written permission and/or that of the relevant rights owner.

 

4.4 The trade marks which appear on the App and/or the Website are registered or unregistered trade marks of us or third parties. Your use of the App and/or the Website shall not be construed as granting you (by implication or otherwise) any license or right to use any trade marks displayed on the App and/or the Website, and you may not do so without our written permission, or the written permission of any other applicable trade mark owner.

 

4.5 Without prejudice to the generality of the foregoing, you agree not to reproduce, display or otherwise provide access to the Properties on another website or server, for example through framing mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without our prior written permission.

 

4.6 You may, for your personal non-commercial use:

 

     a. retrieve and display the Properties on any compatible device owned by you; and

 

     b. store such Properties in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).

 

4.7 You may not decompile, reverse engineer or otherwise attempt to discover the source code of our Properties, except under any specific circumstances expressly permitted by law or by us in writing.

5 Applications and Websites Linked to the App and/or the Website

 

5.1 We may from time to time permit Merchants and/or Service Providers to promote products and/or Services via the App and/or the Website, and include hyperlinks on the App and/or the Website to products and/or Services available on the Merchants' and/or the Service Providers' website(s) and/or application(s). You hereby agree that:

 

a. we do not make any representation in relation to, or warranty or endorsement of any of the products and/or Services provided by any Merchants and/or Service Providers nor of such Merchants and/or Service Providers themselves;

 

b. all products and services promoted and information provided by such Merchants and/or Service Providers are those of the respective Merchants and/or Service Providers and not us, and shall be subject to the terms and conditions of the individual Merchants and/or Service Providers. We shall not be a party to any contracts for such products and/or Services; and

 

c. we do not have control over, and shall not be liable for the quality, safety, morality or legality of any aspect of products and/or Services offered by any Merchants and/or Service Providers, the accuracy of the products and/or Services which are offered by the Merchants and/or the Service Providers.

 

 

5.2 All Contents on the App and/or the website, any hyperlinks to any other websites on the App and the Website, and/or any APIs or functionality embedded within the App which feature third party content, are provided on an "as is where is" basis, and accessed and used at your own risk. We do not warrant the accuracy, reliability or integrity of the content, material, resources and other links provided by these third party elements, and have not investigated, verified, monitored the same, nor do we endorse any of the same. You bear the responsibility of satisfying yourself of the fitness, suitability, quality, legality, appropriateness, or any other aspect of third party sites and their products and/or Services before clicking on any link.

 

5.3 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 the third party sites.

 

5.4 Statistical data provided on the App and/or Website may include rounding. Any prices and rates posted are subject to change without prior notice and at our absolute discretion. We assume no responsibility for errors (including factual or other inaccuracies or typographical errors) or omissions (if any) present in the App and/or Website.

 

5.5 The information and data contained in the App 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 the App 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.

6 Personal Data

 

6.1 By submitting your personal data (such as your name, date of birth, email address, telephone numbers, business, nationality or residential address) on or through the App and/or the ION+ Rewards Sign Up form made available at our website:

 

a. you consent to us collecting, using and disclosing your personal data for purposes connected with your account with us, your order and ancillary purposes related thereto;

 

b. in particular, you consent to us:

 

i. using your personal data to maintain and operate your account with us, establish and verify your identity and communicate with you; and

 

ii. disclosing your personal data (where necessary) to:

 

A. the Merchant and/or the Service Provider in order for it to attend to any queries or matters in relation thereto, and

 

B. our financial service providers (whether located within or outside of Singapore) such as our payment gateway providers, credit card companies and banks who are involved in the payment process, who may use, process and store such data to facilitate payments that you now or subsequently make for orders placed. In order to process your payment instructions, it may be necessary to transmit your payment details overseas, and you agree and acknowledge to the transfer of your personal data in connection therewith, and that such transfer is at your request;

 

 

iii. you represent and warrant to us that the personal data and other information that you submit (including credit card details) is true and accurate and up-to-date. If the information provided by you is incorrect or untrue, we may reject and/or cancel your order and suspend and/or terminate the provision of part or all of the Services hereunder;

 

iv. you agree that you may only submit to us or to a Merchant and/or Service Provider the personal data of other persons on behalf of such persons only if and to the extent that those other persons have expressly consented to this and only in connection with an order; and

 

v. you agree that your personal data may be used by the Group and CapitaLand Group and Sun Hung Kai Properties Group in research and analytics for the purpose of developing and enhancing its products, Services, quality, and strategies.

 

 

c. Further, if you consent to receiving promotional emails, you allow the Group to:

 

i. send you marketing communications (such as our newsletter) in relation to our sales, products, Services, promotions or the App and/or the Website;

 

ii. send you marketing communications in relation to the sales, products, services or promotions of Merchants and/or Service Providers;

 

 

(In this Clause 6, "we" and "us" includes our related corporations and affiliates, our agents, tenants, business partners and service providers, as well as the CapitaLand Group and Sun Hung Kai Properties Group).

 

d. In addition, by using the App and/or Website, you would also have read, understood and agreed to be bound by Orchard Turn Development Pte Ltd's Data Protection Policy, available at https://www.ionorchard.com/data-protection-policy, and Orchard Turn Development Pte Ltd's Cookie Policy available at https://www.ionorchard.com/data-protection-policy.

 

e. You may withdraw your consent given to our collection, use and/or disclosure of your personal data for any or all purposes set out herein by contacting us at the email address stated below to give us reasonable notice of your withdrawal. However, if you do so and depending on the nature of your request, we may not be in a position to continue to provide our products or Services to you or deliver ordered items to you.

7 Indemnity

 

7.1 You agree to indemnify and hold the Group, the CapitaLand Group, Sun Hung Kai Properties Group, our respective officers, our respective agents, our respective co-branders or our respective other partners and employees harmless from any claim or demand, including reasonable legal fees made by any third party due to or arising out of your use of the App and/or Website, your breach of the Terms, or your breach of any rights of another.

 

7.2 In this Clause 7, "our" includes the CapitaLand Group and Sun Hung Kai Properties Group.

8 Exclusion of Liability

 

8.1 You agree that:

 

a. the App, the Website, and the Materials, Services and/or the Content therein are provided on an "as is" and "as available" basis. We do not warrant the accuracy, adequacy or completeness of the App and/or the Website, including without limitation the Materials, Services and/or the Content therein, and expressly disclaim liability for errors or omissions in the Materials, Services and/or the Content;

 

b. no warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose, is given in conjunction with the App, Website, Materials, and the products and/or the Services. All such warranties, conditions, terms and representations are specifically excluded. In particular, we do not warrant that the Content, the App and the Website will be provided uninterrupted or free from errors or that any identified defect will be corrected; further, no warranty is given that the App, Website, and Content are free from any virus or other malicious, destructive or corrupting code, programme or macro; and

 

c. we shall not be liable to you for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with such Merchants and/or Service Providers 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 and/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.

 

 

8.2 To the maximum extent permitted by law, we shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special, or consequential damage, inconvenience, moral stress, cost and expense or economic loss of any nature (including, without limitation for any act, omission, neglect or wilful default on the part of our agents, contractors, correspondents and/or their respective officers and employees), arising from or in connection with:

 

a. any access, use or the inability to access or use the App, the Website, the Materials, the products and/or the Services therein, or reliance on the Materials, products, Services and/or any information in the App and/or Website;

 

b. any failure of performance, server or connection failure, error, omission, interruption, defect, delay or failure in operation or transmission, or computer virus or line or system failure;

 

c. vulnerabilities arising from or in connection with your use of our App and/or Website on platforms which do not meet our minimum operating requirements, and such platforms shall include devices which have been rooted, jailbroken or had the system controls disabled or altered;

 

d. any use of or access to any other website linked to the App and/or the Website;

 

e. any participation in respect of or in connection with any of our rewards, redemption or membership programmes (including the ION+ Rewards Programme);

 

f. any products, information, data, software or other material obtained from the App and/or the Website or from any other website linked to the App and/or the Website; and/or

 

g. any use of the Services provided under the App and/or the Website,

 

even if we or our agents or employees were previously advised of the possibility of such damages, losses and/or expenses.

9 Assignment

 

You agree that we may assign and/or transfer your contract(s) with us and our rights and obligations thereunder: (a) to any of our related entities (meaning, CapitaLand Group and Sun Hung Kai Properties Group), and/or (b) in connection with a merger, acquisition, sale or transfer of or involving our assets (including the ION+ Rewards Programme).

 

10 Termination

 

10.1 We (including the CapitaLand Group and the Sun Hung Kai Properties Group) have the right to terminate and/or suspend your access to any App functionality or the App or the Website as a whole at any time for whatsoever reason, and are not obligated to disclose the reason behind the termination and/or suspension.

 

10.2 In the situation whereby you violate or we have reason to suspect that you breach any of these Terms, or if any material information provided or representation made by you to us is untrue or misleading or otherwise has an adverse material impact on us (including the CapitaLand Group and the Sun Hung Kai Properties Group) or the Merchants and/or the Service Providers, we reserve the right of immediate suspension and/or termination of your account.

 

10.3 Upon suspension or termination of your use of the App and/or the Website, you remain liable for all payment transactions and/or any other obligations you may have incurred under these Terms.

 

11 Force Majeure

 

11.1 Save as is otherwise specifically provided in the Terms, we shall not be liable for failures or delays in performing our obligations hereunder arising from any cause beyond our reasonable control, including without limitation, acts of God, outbreak of hostilities, civil disturbance, acts of civil or military authority, fires, strikes, lockouts or labour disputes or industrial action of any kind, epidemics, governmental restrictions, wars, terrorist acts, riots, explosions, fire, earthquakes, storms, typhoons, floods and breakdowns in electronic and computer information and communications systems, and in the event of any such delay, the time for our performance shall be extended for a period equal to the time lost by reason of the delay and any additional recovery time required by us.

12 Notification of Infringement

 

12.1 We reserve the right to investigate notices of copyright, trade mark and other intellectual property infringement ("Infringement") in respect of all Content on the App and/or the Website ("Infringing Material") and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify us in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) ("Infringement Notice").

 

12.2 All Infringement Notices shall be sent to us addressed as follows:

 

BSL Corporate Services Pte. Ltd.

220 Orchard Road

#05-01 Midpoint Orchard

Singapore 238852

 

12.3 We will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against us in respect of any Infringing Material, unless you have first given us the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter we refuse or fail to remove the Infringing Material within a reasonable time. Where we remove the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under applicable law which you may have in respect of any Infringing Material appearing on the App and/or the Website prior to such removal by us.

 

12.4 You agree and acknowledge that we have no control and cannot undertake responsibility or liability in relation to: (a) User Content and Third Party User Content, (b) hyperlinks to any other websites on the App and/or the Website, and/or (c) any APIs or functionality embedded within this App and/or the Website which feature third party content.

13 General

 

13.1 Each of the terms and conditions in these Terms is severable and distinct from one another and if at any time, any one or more of these terms and conditions or any part thereof is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will not thereby be affected or impaired in any way and will remain in force.

 

13.2 The rights and remedies provided in these Terms are cumulative and not exclusive of any other right or remedies (whether provided by law or otherwise).

 

13.3 No failure on our part to exercise and no delay on our part in exercising any right or remedy under these Terms will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right of remedy. Any waiver by us of our rights or remedies in respect of any terms under these Terms or any breach of these Terms on your part must be in writing and may be given subject to such terms and conditions as we may deem fit and is effective only in the instance and for the purpose for which it is given.

 

13.4 Unless the context otherwise requires, words importing the singular shall also include the plural and vice versa. Words denoting the masculine gender include the feminine gender and both shall include the neuter gender.

 

13.5 The headings in these Terms are inserted for ease of references only and shall not affect the construction of these Terms.

 

13.6 The Terms, including Specific Terms and Conditions governing other functionalities of the App, contains the entire agreement between you and us with respect to your use of the App. In the event of any conflict between the Terms, and the Specific Terms and Conditions, the relevant terms of the Terms shall take precedence.

 

13.7 You may not assign these Terms or any of its rights or obligations under these Terms to any Party. Save for any member of the Group, a person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Rev. Ed. 2002, Chapter 53B) to enforce any of its terms.

14 Governing Law

 

Your access and use of the App and/or the Website as well as these Terms shall be governed by Singapore law and you agree that the Singapore courts shall have exclusive jurisdiction over all disputes relating thereto.

 

15 Contact Us

 

If you have any queries, you may contact us by email at customercare@ionorchard.com.sg.

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COPYRIGHT © ION ORCHARD 2024
Orchard Turn Retail Investment Pte Ltd. A joint venture company between CapitaLand & Sun Hung Kai Properties.
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