T&CS (AMPERKZ MOBILE APP)  

1. TERMS OF USE
The AMperkz mobile application (“Mobile Application”) is a lifestyle mobile application managed by AsiaMalls Management Pte Ltd ("AsiaMalls") for and on behalf of Century Square Holding Pte Ltd, ARMF (TBP) Pte Ltd, ARMF (Hougang Mall) Pte Ltd, ARMF (Whitesands) Pte Ltd, ARMF II (Liang Court) Pte Ltd and ARMF II (Tampines) Pte Ltd (individually "Mall", collectively "Malls").

By downloading, browsing, accessing or using the AMperkz mobile application, you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Mobile Application and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.

In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your operator, and not all Mobile Services may work with all operators or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Registered Account information to ensure that your account information are not sent to any other person. The Mobile Application may not be available on all devices. We do not guarantee that all or any features or functionalities of the application will work on any particular device.

If you use the Mobile Services you must also comply with the terms and conditions of the Apple App Store, Google Play or any other app store from which you download the mobile application. There may be updates to the Mobile Application and you are responsible for installing updates as prompted by your device or app store. You may not be able to access or use the Mobile Application unless you install updates.

2. DEFINITIONS In these Terms and Conditions of Use, the following capitalised terms shall have the following meanings, except where the context otherwise requires:In these Terms and Conditions of Use, the following capitalised terms shall have the following meanings, except where the context otherwise requires: "Account" means an AMperkz account created by a User on the Mobile Application as part of Registration. "Merchant" refers to any entity whose products or services can be purchased and/or redeemed (as the case may be) via the Mobile Application. "Redeem" means to redeem AMperkz reward points or any promotional giveaway on these Terms and Conditions of Use and "Redemption" means the act of redeeming such reward points or giveaways. "Register" means to create an Account on the Mobile Application and "Registration" means the act of creating such an Account. "Vouchers" means vouchers from Asiamalls or any participating Merchant, and "Voucher" means any one of them. "Services" means all the services provided by Asiamalls via the Mobile Application to Users, and "Service" means any one of them, "Users" means users of the Mobile Application, including you and "User" means any one of them.

3. GENERAL ISSUES ABOUT THE MOBILE APPLICATION AND THE SERVICES

3.1 Applicability of terms and conditions: The use of any Services and/or the Mobile Application and the making of any Redemptions are subject to these Terms and Conditions of Use.

3.2 Location: The Mobile Application, the Services and any Redemptions are intended solely for use by Users who access the Mobile Application in Singapore. We make no representation that the Services (or any goods or services) are available or otherwise suitable for use outside of Singapore. Notwithstanding the above, if you access the Mobile Application, use the Services or make any Redemptions from locations outside Singapore, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

3.3 Scope: The Mobile Application, the Services and any Redemptions are for your non-commercial, personal use only and must not be used for business purposes.

3.4 Prevention on use: We reserve the right to prevent you using the Mobile Application and the Service (or any part of them) and to prevent you from making any Redemptions.

3.5 Equipment and Networks: The provision of the Services and the Mobile Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile Application or the Services or make any Redemptions. To use the Mobile Application or Services or to make Redemptions, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the Mobile Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

3.6 Permission to use Mobile Application: If you are not the bill payer for the mobile telephone or handheld device being used to access the Mobile Application, you will be assumed to have received permission from the bill payer for using the Mobile Application.

3.7 License to Use Material: By submitting any text or images (including photographs) (“Material”) via the Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services.

4. AMperkz Loyalty Programme

4.1 Participation of the AMperkz Loyalty Programme in the mobile application, activities include but not limited to scanning of receipts and redemption of reward points are subjected to AMperkz Loyalty Programme terms & conditions and privacy policy. Visit AMperkz.com.sg for more information.

5. E-vouchers

5.1 Any redemption, conversion to, usage or purchase of Asiamalls e-vouchers are managed by V-aap from the WIND group. We will not be held responsible for any lost transactions due to unforeseeable circumstances or situations.

5.2 The above and any related activities such as V-aap account registration that happen on V-aap mobile application via Mobile Application or web services, will be subjected to WIND group’s terms & conditions and privacy policy. Refer to https://www.v-aap.com/Content/term.html for more information.

6. LOCATION ALERTS AND NOTIFICATIONS

6.1 You agree to receive pre-programmed notifications (“Location Alerts”) on the Mobile Application from Merchants if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).

7. YOUR OBLIGATIONS

7.1 Merchant terms: You agree to (and shall) abide by the terms and conditions of the relevant Merchant for which your activity relates to, as may be amended from time to time.

7.2 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.

7.3 Content on the Mobile Application and Service: It is your responsibility to ensure that any products or information available through the Mobile Application or the Services meet your specific requirements before making any Redemption.

7.4 Prohibitions in relation to usage of Services or Mobile Application: Without limitation, you undertake not to use or permit anyone else to use the Services or Mobile Application:-

7.4.1 to send or receive any material which is not civil or tasteful

7.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights; 7.4.3

7.4.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world; 7.4.4

7.4.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

7.4.5 to cause annoyance, inconvenience or needless anxiety;

7.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

7.4.7 for a purpose other than which we have designed them or intended them to be used;

7.4.8 for any fraudulent purpose;

7.4.9 other than in conformance with accepted Internet practices and practices of any connected networks;

7.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or

7.4.11 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.

7.5 Prohibitions in relation to usage of Services, Mobile Application: Without limitation, you further undertake not to or permit anyone else to:-

7.5.1 furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;

7.5.2 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);

7.5.3 execute any form of network monitoring which will intercept data not intended for you;

7.5.4 enter into fraudulent interactions or transactions with us or a Merchant (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);

7.5.5 extract data from or hack into the Mobile Application;

7.5.6 use the Services or Mobile Application in breach of these Terms and Conditions of Use;

7.5.7 engage in any unlawful activity in connection with the use of the Mobile Application or the Services; or

7.5.8 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Mobile Application or Services.

8. RULES ABOUT USE OF THE SERVICE AND THE MOBILE APPLICATION

8.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at contact@amperkz.com.sg.

8.2 We do not warrant that your use of the Services or the Mobile Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Mobile Application may be suspended, restricted or terminated at any time.

8.3 We do not give any warranty that the Services and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology.

8.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time. Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Mobile Application at any time.

8.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.

9. SUSPENSION AND TERMINATION

9.1 If you use (or anyone other than you, with your permission uses) the Mobile Application, any Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Mobile Application.

9.2 If we suspend the Services or Mobile Application, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.

9.3 Asiamalls shall fully co-operate with any law enforcement authorities or court order requesting or directing Asiamalls to disclose the identity or locate anyone in breach of these Terms and Conditions of Use.

9.4 Without limitation to anything else in this Clause 9, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Mobile Application; (b) suspend your use of the Services and/or Mobile Application; and/or (c) suspend the use of the Services and/or Mobile Application for persons we believe to be connected (in whatever manner) to you, if:

9.4.1 you commit any breach of these Terms and Conditions of Use;

9.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or

9.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

9.5 Our rights under this Clause 9 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

10. DISCLAIMER AND EXCLUSION OF LIABILITY

10.1 The Mobile Application, the Services, the information on the Mobile Application and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.

10.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application and its contents, including in relation to any inaccuracies or omissions in the Mobile Application, warranties of merchantability, quality, and fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.

10.3 We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

10.4 While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application, we make no warranties or representations as to its accuracy, timeliness or completeness.

10.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

10.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

10.7 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

10.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.

11. INDEMNITY

You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN and/or any identifier number allocated by Asiamalls, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

12. INTELLECTUAL PROPERTY RIGHTS

12.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.

12.2 Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited.

12.3 We will not hesitate to take legal action against any unauthorised usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

13. AMENDMENTS

13.1 We may periodically make changes to the contents of the Mobile Application, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.

13.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.

14. APPLICABLE LAW AND JURISDICTION

14.1 The Mobile Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Mobile Application both you and we agree that the laws of the Republic of Singapore, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Mobile Application.

14.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the Republic of Singapore in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.

PRIVACY POLICY (AMPERKZ MOBILE APP)  

PRIVACY POLICY

Your personal data is important to us and it is our policy to respect the confidentiality of information when you provide us with personal data in person, by email, through our company’s website, mobile application or any communication platforms you have given to us to collect, hold and use and disclosure of your personal data in accordance with this privacy policy. This policy outlines how we manage the personal data we hold in compliance with the Personal Data Protection Act 2012 in Singapore and applies to all ‘affiliated entities/malls’ managed by AsiaMalls Management Pte Ltd.

1. Collection of Personal Data

We may collect and hold personal data of persons/entities including but not limited to: customers; job applicants and employees; shareholders; service providers and other people who we may come in contact. Example of personal data includes name, address, contact details, your preferences, queries, requests and feedback. The submission of your personal information is entirely voluntary.

We may collect your personal data directly or indirectly from you or your authorized representatives in the course of:

2. Use and Disclosure of Personal Data

Please note that we collect, use, disclose and/or share your personal information for the following purposes:

We respect your privacy and do not practice renting or selling of your personal information to third parties. However, we may share your personal information with members of group functions in our company.

Access to your personal information is limited to persons whom we reasonably believe requires access for effective delivery of our services to you, to process your job application or for the purposes set out above.

We may also collect, use and disclose such personal information if so authorized or required by law or the relevant authorities, or exempted under the Personal Data Protection Act 2012 to do so.

Further, we may disclose or share your personal data in the following circumstances:

a) Third Party Service Providers:
We may disclose your personal data to third parties (i) contracted by us to assist us in delivering part or all our services to you; and/or (ii) who provide services to us such as professional advisers, IT consultants etc. We will use all commercially reasonable endeavors to ensure that these third parties comply with similar undertakings of privacy;

b) With your consent:
We may seek your consent to collect, hold, use and disclose your personal data for any other purpose not set out herein;

c) Business Transfers:
As we continue to develop our business, we might sell or buy businesses, subsidiaries or business units. In such transactions, customer information may be one of the transferred business assets. Also, in the unlikely event that an AsiaMalls Management Pte Ltd’ entity or substantially all of its assets are acquired, customer information may be one of the transferred assets.

We shall use its best endeavors to ensure that its employees, officers, partners and such other third parties mentioned above who are involved in the collection, processing and disclosure of personal information will observe and adhere to the terns of this Privacy Policy.

We also reserve the right to share your personal information as is necessary to prevent a threat to the life, health and security of an individual or corporate entity. Further, we may disclose your personal information to law enforcement agencies, government representative and our advisers, as is necessary, to investigate suspected unlawful activities including but not limited to fraud, intellectual property infringement or privacy.

3. How do we manage, protect and store your personal data

As required under the Personal Data Protection Act 2012, we will take reasonable care to protect your personal data from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss.

The Internet is not always a secure method of transmitting information. Accordingly, while we seek to protect your personal data, AsiaMalls Management Pte Ltd cannot accept responsibility for the security of information you send to or receive from us over the Internet or for any unauthorized access or use of that information.

4. How to exercise your rights to access the personal data we hold of you?

If you wish to make a request to access your personal data or apply for a copy of the personal data we hold about you, please contact Data Protection Officer (DPO) in writing and using the Request to Access Data Form. We will require you to verify your identity and to specify what data you require. We may charge a fee to cover the cost of verifying the application and locating, reviewing and copying any material requested. It the data sought is extensive, we advise the estimated cost in advance and can help to refine your request if required.

5. How to access and correct your personal data or to withdraw consent?

If you wish to:

(a) apply for a copy of the personal data we hold about you;
(b) request for your personal data to be updated or corrected; or
(c) withdraw consent you previously provided to us to use the personal data we hold about you,

Kindly allow us reasonable time to respond to any request and effect any change. We may ask to verify your identity and for more information about your request. Where we are legally permitted to do so, we may refuse your request and give you reasons for doing so. When you request your personal data to be updated and there is a dispute about the facts, we will make a note on your personal data of such dispute. Where permitted to do so, we may charge an administrative fee for access requests.

6. How to ensure that your personal data is current and accurate.

Please ensure that your personal information is current, complete and accurate
(a) Where you provide personal information about yourself to us, you are responsible to provide accurate, not misleading, complete and up-to-date information about yourself and any other person whose personal information you provide us, and to contact us to update this personal information as and when it becomes inaccurate, misleading, incomplete and out-of-date.
(b) In certain circumstances, you may need to provide to us personal information about someone other than yourself (for example, your referee or guarantor in relation to your job application). If so, we rely on you to inform these individuals that you are providing their personal information to AsiaMalls Management Pte Ltd, to make sure they consent to you giving us their information and to advise them about where they can find a copy of this policy.

7. Third Party Websites and Mobile Application

The websites and mobile application managed by AsiaMalls Management Pte Ltd may contain links to third party sites whose data protection and privacy practices may differ from ours. We are not responsible for the content and privacy practices of these other websites and mobile application and encourage you to consult the privacy notices of those sites.

AsiaMalls Management Pte Ltd is not responsible for any information that is submitted to or collected by these third parties.

8. Cookies

Our websites and mobile application may use cookies to monitor browsing preferences and help us analyze data about webpage traffic in order to make website improvements and for statistical analysis purposes. A cookie does not give us access to your computer or any information about you, other than the data you choose to share with us. Most internet browsers allow you to turn off cookies. Should you do so, you may not be able to experience all of the features of this Website.

9. Retention of your Personal Data

AsiaMalls Management Pte Ltd will retain your personal data for the duration of time to carry out the purposes for which your personal data was collected, for the other purposes set out in this policy, for business purposes and as required by relevant laws.

10. IP Addresses

When you visit our websites and mobile application, our servers may record your IP address together with the date, time and duration of your visit. An IP address is an assigned number, similar to a telephone number, which allows your computer to communicate over the Internet. AsiaMalls Management Pte Ltd may use this information to compile statistical data on the use of our websites and mobile application to track how users navigate through this website so that we can evaluate and improve our websites and mobile application.

11. What if you wish to send feedback?

You can send feedback to the DPO by completing the Feedback Form. We will endeavor to act promptly in response to your feedback. Please use this link to obtain the Feedback Form.

How to contact us?

Data Protection Officer
AsiaMalls Management Pte Ltd
1 Fifth Avenue
#02-04 Guthrie House
Singapore 268880
Tel: 6462 8866
Fax: 6462 0129
Email: dpo@asiamalls.com.sg

12. Changes to Privacy Policy

AsiaMalls Management Pte Ltd may modify this Privacy Policy periodically and also reserves the right to update this Privacy Policy as we expand our services.