Terms and Conditions

Effective date: 26 February 2024
Last updated: 26 February 2024

Please read the Terms and Conditions ("Terms") carefully prior to accessing the Frasers Property Brand Hub ("Brand Hub") at https://brandhub.frasersproperty.com. By accessing and using any materials, content, or resources provided on the Brand Hub, you agree to abide by these Terms without restriction or reservation. If you do not agree with these Terms, please refrain from using the Brand Hub.

In these Terms, references to “Brand Hub” shall be deemed to include all works, information and materials (including without limitation Frasers’ brand assets ("Brand Assets"), documents, policies, data, descriptions, names, logos, graphics, images, software, source codes, application programming interfaces, music, audio files or other sounds, photographs, videos, test environments, and images) which we may deploy or use in connection with the Brand Hub, as the case may be (collectively, "Content").

1. Ownership and Usage

1.1. The Brand Hub is owned by Frasers Property Limited and managed by Frasers Property Corporate Services Pte. Ltd. (collectively "Frasers"/ "We"/ "Our"/ "Us") and is intended solely for Frasers and/or its affiliate(s)’ employees, partners, contractors, and other relevant parties ("Users"/ "You"/ "Your"). If you are accessing or using the Brand Hub on behalf of an entity, (a) "Users", "You" and "Your" in these Terms include you and that entity; and (b) you represent and warrant to us that you are an authorised representative of that entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.

1.2 You hereby agree and acknowledge that, subject always to your full and continuing compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence during the term of these Terms to use and access the Brand Hub and the Content therein for your personal and internal business purposes, provided further that:

1.2.1. where you download Content (including without limitation the Brand Assets), you ensure that the source of the Content is appropriately credited;

1.2.2. you shall handle Content in a way that is in accordance with these Terms and in accordance with all applicable laws;

1.2.3. no Content or part thereof (including without limitation Brand Assets, graphics, names, logos, symbols, trademarks) should be modified in any way without permission from Frasers;

1.2.4. no materials, content or resources should be altered or adapted in a manner that might express or imply endorsement or sponsorships of any commercial product, service or activity;

1.2.5. you are to strictly comply with the Frasers’ Brand Guidelines on the positioning, colours and size of representation of Brand Assets and the way in which they are used, while seeking approval, guidance or permission where prompted;

1.2.6. you are to ensure that the Brand Assets are not used in any way that can be deemed unsuitable or inappropriate for Frasers;

1.2.7. you shall be responsible for ensuring that the usage of Brand Assets, even when distributed to a third party, remains in full compliance with these Terms;

1.2.8. notwithstanding any other term herein, you shall, upon Frasers’ request, cease to use any and all Content, delete, deliver them up and/or destroy them.

1.3. Except insofar as expressly permitted in writing by us or incapable of exclusion by agreement under applicable law, you shall not (and shall not knowingly allow, permit, nor assist any person to):

1.3.1. copy, rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify, disassemble, decompile, reverse-engineer, reverse-assemble, attempt to derive the source code of, edit, sell, assign, transfer, distribute, license, sub-license, or create derivative works based on, the whole or any part of the Brand Hub;

1.3.2. attempt to probe, scan, test the vulnerability of or gain unauthorised access to a system or network relating to the Brand Hub, and/or to breach or circumvent security or authentication measures relating to the Brand Hub without proper authorisation;

1.3.3. make alterations to, or modifications of, the whole or any part of the Brand Hub, nor permit the Brand Hub to be combined with (or become incorporated with or in) any other program(s);

1.3.4. use the Brand Hub in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, including but not limited to any act or omission that encourages or involves conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;

1.3.5. transmit any unlawful, harmful, offensive, threatening, abusive, libellous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, during the course of your use of Frasers Brand Assets and/or the Brand Hub;

1.3.6. use automated scripts to collect information from or otherwise interact with the Brand Hub, or otherwise conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Brand Hub or any services provided via, or in relation to, the Brand Hub. This includes using (or permitting, authorising or attempting the use of):

1.3.6.1. any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Brand Hub or any data, content, information or services accessed via the same; and

1.3.6.2. any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations;

1.3.7. create a false identity on the Brand Hub, impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;

1.3.8. mask or alter the geographical location from which you appear to our systems to be accessing and/or using the Brand Hub; and/or

1.3.9. use the Brand Hub in a way that could damage, disable, overburden, impair or compromise the Brand Hub or interfere with another person's usage or access to the Brand Hub, including without limitation attempting to transmit a Malicious Code (defined below) on or through the Brand Hub, or overloading, "spamming", "flooding", "mailbombing" or "crashing" the Brand Hub.

"Malicious Code" means malicious software or firmware intended to perform unauthorised processes that will have an adverse impact on the confidentiality, integrity, or availability of a computer system, for example: virus, worm, trojan horse, spyware and forms of adware or other code-based entity that infects a host.

2. Licensed Access and Share Link

2.1. Employees of Frasers shall use One-Frasers single sign-on (SSO) to log in to access the Brand Hub.

1.2. If you are not an employee of Frasers ("External User"), and you require access to the Brand Hub, you will need to request for access rights via an application form for a share link ("Share Link").

2.3. If you are an External User and request for a Share Link, you shall comply with all requirements, rules, directions, standards, guidelines, operating procedures, and policies relating to the Share Link as may be prescribed by us from time to time in our sole and absolute discretion.

Without prejudice to the generality of the foregoing:

2.3.1. the issuance of the Share Link shall be subject to our approval (at our sole discretion), and we shall have the right to:

2.3.1.1. prescribe eligibility criteria for the issuance of the Share Link and your use of the Brand Hub or other interaction with us;

2.3.1.2. prescribe such other requirements, procedures or policies in relation to such issuance as we may specify from time to time; and

2.3.1.3. require you to submit information for us to authenticate or verify your identity,

and any decision by us in connection with any of the foregoing Clauses 2.3.1.1 to 2.3.1.3 shall be final and binding on you;

2.3.2. if you are an External User, you shall only access and/or use the Brand Hub through the Share Link issued to you upon approval of your request for access rights. In addition:

2.3.2.1. any Share Link for access to the Brand Hub issued by us may only be accessed and used by specified users as we may authorise from time to time and you shall not further share or distribute that Share Link;

2.3.2.2. any use and/or access of the Brand Hub associated with the Share Link issued to you shall be deemed your use and/or access (as the case may be). You accept sole responsibility for any and all activities that occur via the Share Link issued to you, and Frasers is entitled to treat all activities that occur through that Share Link as having been conducted with your knowledge and authority;

2.3.2.3. you shall be fully responsible for the use of any Share Link issued to you, and you shall (i) further procure that there shall at all times be no unauthorised use of any Share Link and (ii) immediately notify us in writing, as well as your local Frasers representative, if you have reason to suspect that there has been any unauthorised disclosure or use of the Share Link;

2.3.2.4. you shall ensure that your Share Link shall not be: (i) shared with or used by any other person other than you; or (ii) used to provide access to the Brand Hub to individuals who are not the individual associated with the corresponding Share Link;

2.3.2.5. we shall be entitled at our sole and absolute discretion at any time to: (i) limit access to and/or suspend your access to the Brand Hub or your Share Link in the event we suspect you have breached these Terms; or (ii) terminate your Share Link without giving any reason or notice therefor, and we shall not be liable to you for any loss or damage as a result thereof; and

2.3.2.6. your Share Link is to be used solely by you, and shall not be transferred or pledged as security in any way, and you shall not, without our prior written consent, assign, charge and/or encumber your Share Link or your rights therein or create or confer in favour of any person any interest in your Share Link. You agree and acknowledge that we shall not be obliged to recognise any person other than you as having any interest in your Share Link (if at all).

2.4. For the avoidance of doubt, we reserve the right, without prior notice and without liability to any party, to reject your application for a Share Link without having to provide you with any reason for such rejection, and/or to limit, suspend, deactivate or terminate your Share Link or any of your rights as a Share Link holder if you are in breach of these Terms or otherwise in Frasers' sole and absolute discretion at any time and without assigning any reason.

3. Intellectual Property Rights

3.1. In these Terms:

3.1.1. "Intellectual Property Rights" or "IPRs" includes patents, trade marks, service marks, logos, get-ups, trade names, goodwill and the right to sue for passing off or unfair competition, internet domain names, rights in designs, copyright (including rights in computer software), Moral Rights (defined below), database rights, semi-conductor topography rights, rights in integrated circuit layout designs, utility models, rights in know-how and trade secrets, and other intellectual property rights, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world; and

3.1.2. "Moral Rights" shall include without limitation any and all rights as defined in Part 7 of the Copyright Act 2021 of Singapore, as well as other analogous rights arising under any laws anywhere in the world, whether now or in the future.

3.2. You acknowledge, agree, and undertake to us that:

3.2.1. all Content, works, information and materials (including without limitation documents, policies, data, reports, charts, graphs, descriptions, names, logos, graphics, images, software, source codes, application programming interfaces, music, audio files or other sounds, photographs, videos, test environments, and images), which we may deploy or use in relation to the Brand Hub (including any part thereof) and all the IPRs associated therewith (collectively "Brand Hub IPR") which you may be granted access to are owned by us and/or the relevant third parties. Unless otherwise stated, the rights, titles and interests to Brand Hub IPR are owned by, licensed to, or controlled by us; and

3.2.2. you shall not, and shall not permit anyone to, reproduce, distribute, adapt, modify, republish, display, broadcast, link, mirror, frame or transmit in any manner or by any means or store in an information retrieval system, any part of Brand Hub IPR, including any part thereof, without the prior written permission of the relevant owner or unless otherwise permitted in these Terms.

3.3. Any rights not expressly granted to you herein are expressly reserved.

4. Third Party Elements

4.1. You acknowledge and agree that, where any product/service/content/functionality originates from or is provided by a third party (each a "Third Party Provider"), and any part of the Brand Hub (including, for the avoidance of doubt, functionalities thereof) displays, publishes, makes available, incorporates, interfaces with, interoperates with, integrates with, or links to any such product/service/content/functionality (each a "Third Party Element"):

4.1.1. we shall not be responsible for any Third Party Element, and the fullest extent of our obligation in connection with any such Third Party Element is to only facilitate the making available of such Third Party Element (or part thereof) to you on a pass-through basis and "as received" by us. We have no control over and are not responsible for any Third Party Provider's performance or non-performance of any obligation in connection with any Third Party Element or arising in any other way;

4.1.2. each Third Party Element is the sole responsibility of the person that makes it available, and we neither have control over the selection thereof, nor routinely monitor it. Any use by you of any Third Party Element on or through the Brand Hub is entirely at your own risk. Third Party Elements may be subject to 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 access and/or use thereof. You agree to and shall comply with any end-user license agreement and/or licence terms which may be prescribed by providers of Third Party Element(s);

4.1.3. Third Party Elements are subject to availability and location serviceability, as well as these Terms and any additional terms and conditions of the Third Party Providers as may be notified by to you from time to time. In the event that a Third Party Provider suspends, discontinues or terminates: (i) a Third Party Element; and/or (ii) its agreement(s) with us and/or you, we may, in our sole and absolute discretion, suspend, discontinue or terminate all or any affected part of the Brand Hub;

4.1.4. to the maximum extent permitted under applicable laws, you agree not to make any claim against us in respect of any losses which may arise from or in connection with any Third Party Provider's performance or non-performance of the transaction, or which may arise from or in connection with the nature, quality or fitness for purpose of the Third Party Element supplied by the Third Party Providers (or due to any defect therein), or arising in any other way , and you shall release and hold us harmless against any such losses.

4.2. You further acknowledge and agree that any use by you of Third Party Element(s) is entirely at your own risk. We may (but shall not be obliged to) verify any party's rights to transmit content on the Brand Hub, and we take no responsibility and assume 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 Third Party Element, or for your access and/or use of the same.

4.3. Notwithstanding the use of or reference to Third Party Provider(s) and/or Third Party Element(s) in connection with the Brand Hub, you agree and acknowledge that, unless we expressly and specifically state otherwise, we do not endorse nor are we affiliated with any Third Party Providers.

4.4. For the avoidance of doubt, we shall have the right from time to time to switch, modify, or remove Third Party Provider(s) and/or Third Party Element(s) (e.g. their technology tools and/or services) in connection with the Brand Hub without prior notice to you, and you agree and acknowledge that you shall bear the sole risk of changes in functionality, features, interface, and/or user experience arising from such switching, modification and/or removal from time to time.

5. Privacy

5.1. It is a continuing condition of your use of the Brand Hub that you agree and consent to the collection, use, disclosure and processing of your personal data for the purposes set out in Frasers’ privacy policy as amended from time to time, available at https://www.frasersproperty.com/privacy-policy.

6. Disclaimer of Warranties and Liability

6.1. To the maximum extent permitted by law, you irrevocably agree and acknowledge that:

6.1.1. The Brand Hub, its content, and functions are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Your use of the Brand Hub, its content, and functions are at your own risk.

6.1.2. Frasers cannot ensure that any brand assets downloaded from the Brand Hub will be free of viruses or contamination or destructive features.

6.1.3. Frasers does not warrant that the Brand Hub, its content, and functions will be uninterrupted or error-free, or that any defects in the Brand Hub will be corrected, or that the use of the Brand Hub will meet your requirements.

6.2. Frasers disclaims (and does not make) any warranties either express, statutory or implied by law, oral or in writing, including warranties of non-infringement of third party rights, title, satisfactory quality, accuracy, adequacy, completeness, timeliness (including without limitation as to the amount of time it may take for us and/or the Brand Hub to process any activity), merchantability, currency, reliability, performance, security, fitness for a particular purpose, continued availability, or inter-operability with other systems or services, and no such warranty or representation is given in conjunction with any Content and/or the Brand Hub. In no event shall Frasers be liable to you for its license or your use of the Brand Assets under any theory of liability including for any direct, indirect, incidental, special, consequential, punitive, exemplary, or other damages. This limitation shall apply even if Frasers was or should have been aware or advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy stated herein.

6.3. The Brand Hub has been developed as a service of Frasers. Like other services, and despite our best efforts, the information within the Brand Hub may become outdated over time. Frasers therefore accepts no liability for the accuracy or completeness or use of, nor any liability to update, the information contained on the Brand Hub.

7. Representations and Warranties

7.1. You represent and warrant that:

7.1.1. if you are not a natural person, you are duly established and existing under the laws of your country of incorporation;

7.1.2. you have full power and capacity, as well as the necessary consents, to enter into and perform these Terms; and

7.1.3. you have made your own independent decision: (i) to perform any activity on the Brand Hub; (ii) to access and/or use the Brand Hub; and (iii) as to whether any such activity/access/use is appropriate or proper for you, based upon your own assessment and judgment, as well as any advice from such advisors as you deem necessary, and not in reliance upon any view, communication and/or representation by or from us.

7.2. You additionally agree and undertake to notify us without delay of any facts or circumstances that would render your representations or warranties under these Terms inaccurate in any respect.

8. Indemnity

8.1. 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:

8.1.1. your breach of the Terms;

8.1.2. your access or use of the Brand Hub and/or Content therein;

8.1.3. any breach of your representations, warranties, undertakings or obligations under these Terms;

8.1.4. your fraud, negligence or misconduct;

8.1.5. any act or omission by you;

8.1.6. any action taken by us either as part of our investigation of any suspected breach of the Terms or as a result of our finding or decision that a breach of the Terms has occurred;

8.1.7. your breach of any rights of any other person, and any claim made by a third party in connection with the Brand Hub and/or Content therein.

9. Limitation of Liability

9.1. Notwithstanding any other provision of these Terms, and to the maximum extent permitted under applicable law, Frasers, our affiliates, members, officers, employees, agents, partners and service providers shall not be liable for any claim, damage or loss of any kind or any nature whatsoever, even if informed of the possibility thereof, caused and howsoever arising as a result (direct or indirect) of or otherwise in connection with:

9.1.1. any other content or any other information made available or accessed on or through the Brand Hub or contained in or available from the Brand Hub or your use or reliance on any products or services available on or accessed via the Brand Hub;

9.1.2. any infringement of any rights arising in connection with the Brand Hub and Content;

9.1.3. any loss of data, revenue, profits, goodwill, anticipated savings, reputation, business or business opportunity;

9.1.4. any breach of your representations, warranties, undertakings or obligations under these Terms;

9.1.5. any unauthorised use of any Share Link and/or the Brand Hub;

9.1.6. any act or omission of Third Party Provider(s), and/or any performance or non-performance by any Third Party Provider of any obligations in connection with the Brand Hub and/or Content therein or arising in any other way;

9.1.7. any access to and/or use of any Third Party Element;

9.1.8. any products, information, data, software or other material obtained from the Brand Hub or from any Third Party Element;

9.1.9. any delays or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet;

9.1.10. losses which are of an indirect, incidental, consequential, special or exemplary nature of any kind, regardless of the cause thereof;

9.1.11. any Force Majeure Event (defined below);

9.1.12. corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses;

9.1.13. the exercise of any of our rights under these Terms, including without limitation our rights of termination;

9.1.14. your use or inability to use the Brand Hub or any third party software or applications in conjunction with the Brand Hub.

10. Termination

10.1. Frasers reserves the rights, without notice, at any time and for any or no reason, to withdraw its approval for your access to the Brand Hub, and/or restrict access from a particular IP address to the Brand Hub (or any portion thereof), including deactivating Share Links in its sole and absolute discretion. In the event of termination of your access and/or use of the Brand Hub, you shall remain liable for all obligations you may have incurred under these Terms.

10.2. Your rights under these Terms shall terminate immediately and automatically upon failure to comply with these Terms.

11. Amendments of Terms of Use

11.1. Frasers reserves the rights to amend the Terms at any time and we may use commercially reasonable efforts to generally notify Users of such changes, such as through a notice on the Brand Hub, following which all use of the Brand Hub and Brand Assets will be governed by that version. We may also update the "Last Updated" date at the top of these Terms, which indicates the effective date of such updated Terms.

11.2. It is therefore Users' responsibility to review the Terms before each visit to the Brand Hub and take into account any amendments. By continuing to access the Brand Hub or use the Brand Assets, you agree to be bound by any changes. If you do not agree to any changes to these Terms, please cease all access and/or use of the Brand Hub.

12. General

12.1. Assignment/Novation: These Terms are personal to you and shall not be assigned or novated either as to the whole or any part thereof, without the prior written consent of Frasers. Frasers may, by notification to you, assign or novate the whole or any part of these Terms to any party. You shall be deemed to have consented to such assignment or novation, which shall be effective on the date that we notify you.

12.2. Entire Agreement: These Terms and the documents referred to in it embody the entire agreement and understanding between you and us relating to the subject matter of these Terms, and supersede all prior agreements and understandings relating to the subject matter hereof.

12.3. Force Majeure: Save as otherwise specifically provided in these Terms, we shall not be liable for failures or delays in performing our obligations hereunder arising from any cause beyond our control, including acts of God, acts of civil or military authority, fires, strikes, lockouts or labour disputes, epidemics, governmental restrictions, wars, riots, earthquakes, storms, typhoons, floods, failure of any Third Party Element, any act or omission of Third Party Provider(s), and breakdowns in electronic and computer information and communications systems ("Force Majeure Event") and in the event of any Force Majeure Event, the time for our performance shall be extended for a period equal to the time lost by reason of the Force Majeure Event which shall be remedied with all due despatch in the circumstances.

12.4. Further Assurance: You shall do and execute or procure to be done and executed all such further acts, deeds, things and documents as may be necessary to give effect to these Terms, and to give Frasers the full benefit of these Terms.

12.5. No Waiver: No failure on the part of Frasers to exercise, and no delay on its part in exercising, any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in these Terms are cumulative and not exclusive of any other rights or remedies (whether provided by law or otherwise). Any provision or breach of any provision of these Terms may be waived only if Frasers so agrees in writing. Any waiver or consent given by Frasers under any provision of these Terms must also be in writing. Any such waiver or consent may be given subject to any conditions thought fit by Frasers and shall be effective only in the instance and for the purpose for which it is given.

12.6. Illegality and Severability: The illegality, invalidity or unenforceability of any provision of these Terms 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 these Terms 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 these Terms, shall remain valid and enforceable to the fullest extent permitted by applicable law in order to give effect to the parties' intentions.

12.7. No Partnership: You and us are independent contractors, and nothing in these Terms shall create, or be deemed to create, a partnership or agency between the parties.

12.8. Third Party Rights: A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 2001 (or other analogous rights of third parties arising under any law (regardless whether under judicial or statutory law, or under any treaty that exists or that may come to exist anywhere in the world)) to enforce any provision of these Terms.

13. Governing Law and Jurisdiction

13.1. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Singapore. You and us agree to submit to the exclusive jurisdiction of the courts of Singapore.