AIMS APAC REIT - Season Parking

TERMS AND CONDITIONS GOVERNING THE USE OF THE CAR PARK SYSTEM

Prior to submitting your Season Parking Application and/or using the car park system, please read carefully the Terms and Conditions below. By submitting your Season Parking Application and/or using the car park system, you are deemed to have accepted these Terms and Conditions (as may be applicable).

All applications for season parking shall be made online at the following Website (https://parking.aimsapacreit.com) (“Website”) . By submitting an application through this Website, you shall be deemed to have:

declared that the particulars and information submitted are true and accurate;
consented to the collection, use and disclosure of your personal data by us (namely, (i) HSBC Institutional Trust Services (Singapore) Limited, in its capacity as trustee of AIMS APAC REIT (“Building Owner”); (ii) AIMS APAC REIT Management Limited (“REIT Manager”) (iii) AIMS APAC Property Management Pte. Ltd.(“Property Manager”), (iv) the outsourced facility manager (which includes Colliers International Consultancy & Valuation (Singapore) Pte Ltd and its successor(s), if any; “Facility Manager”), and (v) the third party service providers (as the case may be) of the Building Owner, REIT Manager, Property Manager, and/or Facility Manager (“Third Party Service Providers”) in connection with the car park system and such other incidental purposes as may be deemed appropriate or necessary by the Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers;
read, understood and agreed to be bound by the Terms and Conditions set out herein;
agreed that applications for season parking rights and season parking rights are only transferable in accordance with Clauses 5(b) to (d) herein.

Season Parking Lots Entitlement and Allotment

Building Tenant – Each tenant’s entitlement of season parking lots shall be as set out in its lease agreement with the Building Owner or as allocated by the Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers. Due to limited number of parking lots, allotment of additional season parking lots shall be subject to availability of the lots at the sole and absolute discretion of the Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers.
Non-tenant – Due to limited number of parking lots, allotment of season parking lots to non-tenant applicant shall be subject to availability of the lots, with priority given to tenants, and at the sole and absolute discretion of the Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers. The Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers shall at its sole and absolute discretion be entitled to revoke any season parking issued to a non-tenant by giving one (1) month prior written notice.

Personal Data

You hereby agree and consent to the Building Owner, REIT Manager, Property Manager, Facility Manager, and/or Third Party Service Providers collecting, using and disclosing your personal data to the relevant personnel of the Building Owner, REIT Manager, Property Manager, Facility Manager, and/or Third Party Service Providers for the purposes in connection with the car park system and such other incidental purposes as may be deemed appropriate or necessary by the Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers.
You further acknowledge and agree that the personal data submitted by you may be used for the purpose of identification, administration, and to facilitate contact and communication in connection with operational and legal matters. In addition, your personal data may be disclosed to third parties where necessary in connection with car park operations and/or the car park system, such as where payments are made via third party payment service providers.
If you have submitted any personal data relating to a third party to us, you hereby represent and warrant to us that you have obtained the consent of such third party to provide us with their personal data for the intended purposes.

Charges and Payment

When you have been allocated or are renewing a season parking lot, you will be directed to make payment of the season parking fees based on the permitted payment methods indicated on this Website. If you are directed to the website of our third party payment processor, you will be subject to terms and conditions governing the use of that third party’s service and personal information collection and retention practices. We shall not be responsible for any loss or harm to you resulting from your use of that third party’s service.
The permitted payment methods refers only to payment via Visa / MasterCard credit cards issued in Singapore. You shall provide customary billing information such as name, billing address, credit card information to us and/or our third party payment processor, where requested. You agree that any failure to provide or the provision of false or inaccurate information shall render your application incomplete and the Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers shall not be liable for any losses suffered as a result of the failure to process such applications. By selecting payment via credit card and providing details of your credit card, you confirm that you are the person to whom the credit card is issued, and you authorize the Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers to collect (whether directly or indirectly) such amounts by charging your credit card and processing such payments via a third party online payment processor.
You shall be responsible for any fees that may be charged to you by your bank in relation to any payments.
Season parking fee shall be paid for a full month, and all payments shall be made in Singapore Dollars.
For renewals, if full payment of season parking fee for the full duration of the month is not received by the 23rd day of the preceding month, the season parking contract shall be deemed terminated with effect from the first day of the month for which the fee is not paid.
For new applications, if full payment of the season parking fee is not received by the end of the day following the date the application is submitted via the Website, the application shall be deemed to be withdrawn.
The rates of the season parking fees may be revised from time to time by the Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers at their sole and absolute discretion. The revised rates shall be notified to all season parking holders 1 month in advance and the season parking holders shall be liable to effect top-up payments in accordance with the terms set out in such notice.

Change of Vehicle

Season parking shall be to the vehicle identified in your application made via the Website.
Requests for transfer of season parking to another vehicle may only be made in the following circumstances:
1. new vehicle – applicant to provide new vehicle log card;
2. leased vehicle – applicant to provide lease agreement;
3. registered vehicle is under repair and a replacement vehicle is used – applicant to provide service sheet proving registered vehicle is under repair;
For the avoidance of doubt, transfer of season parking may only be made between vehicles used by the applicant and transfer of season parking rights to persons other than the applicant is strictly not permitted.
For the avoidance of doubt, notwithstanding anything herein, any transfer of season parking to another vehicle shall be subject to the sole and absolute discretion of the Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers.

Termination

The Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers may terminate an existing season parking contract if such season parking holder is in default of its season parking fees or is found to be in contravention of any of the car park usage terms and conditions set out in these Terms and Conditions. Such termination of the season parking contract shall take effect immediately upon service of notice to such season parking holder. Upon such termination of the season parking contract by the Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers, the vehicle may still be parked at the car park at the applicable hourly rates. For the avoidance of doubt, in the event that the season parking contract is terminated by the Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers, pursuant to this Clause 6(a), there shall be no refund of any fees paid by the season parking holder.
The Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers may at its sole and absolute discretion terminate a season parking contract by giving at least one (1) month’s written notice to the season parking holder. Such termination of the season parking contract shall take effect on the date stated in the notice of termination. In the event that the season parking contract is terminated by the Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers, pursuant to this Clause 6(b), the unutilized portion of the season parking fees paid by the season parking holder (if any) shall be refunded to the season parking holder on a pro-rata basis.
Season parking holders may cancel/terminate the season parking contract. However, refunds of season parking fees (which have been paid in advance by the season parking holder) will only be made if notice of such cancellation/termination and the request for a refund of season parking fees (which have been paid in advance by the season parking holder) are made via the Website latest by the 23rd day of the preceding calendar month. For the avoidance of doubt, there shall be no refunds of season parking fees for any unused period in the month in which the season parking usage is cancelled or terminated.
Refunds for payments made by Visa / MasterCard credit cards can only be made once per transaction reference number.

Carpark Usage

All carpark users shall abide with the carpark rules and regulations which may be issued by the Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers (including but not limited to any notices or signages displayed at the car park) from time to time, and with the instructions and directions given by the authorized personnel of the Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers (as the case may be), as well as with any authorized notices, signs or markings displayed or affixed in the car park. For the avoidance of doubt, in the event of inconsistencies, these Terms and Conditions shall prevail.
Carpark users shall not cause any damage to the carpark (including but not limited to any equipment located therein), bring any hazardous or combustible material into the car park, park their vehicle in unauthorised places, or engage in illegal, offensive or immoral activities within the car park;
Vehicles which are improperly parked (including parking at unauthorised places) or parked outside of designated areas, or which have caused damage to the carpark or its equipment, may be wheel-clamped, and a release fee (at such rates imposed from time to time) shall be payable for the release of the wheel-clamp.
You hereby agree to indemnify the Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers against all claims, demands, actions, proceedings, judgements, damages, losses, costs and expenses of any nature which the Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers may suffer or incur for death, injury, loss and/or damage caused, directly or indirectly by your usage of the carpark.

Limitation of Liability

To the fullest extent permitted by law, the Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers (including third party payment processing service providers) and their directors, employees and agents, shall not be liable for, and vehicle owners, season parking holders and/or other carpark users shall not claim against the same in respect of any theft, death, injury, loss or damage or costs or expenses of any nature whatsoever, howsoever caused or incurred, whether due to or arising from their negligence, want of care, acts, omissions or default or otherwise, to or of any vehicle or the fittings or contents of any vehicle moving in and out of or parked in the car park or other personal property. Every vehicle whilst in the car park is entirely at the risk of the vehicle owner and/or the carpark users (as the case may be). Where the vehicle used by the season parking holder is not owned by him/her, the owner of the vehicle shall: (a) be deemed to have been informed by the season parking holder of the terms of this disclaimer, and (b) by permitting the season parking holder to park the vehicle at the car park, be deemed to have agreed to be bound by the terms of this disclaimer.

Notices

Without limiting the generality of the above, a notice, demand, or communication to you shall be in writing and shall be valid and deemed sufficiently served if:-

Sent via fax or email to the fax number or email address provided in your application, on the day the fax or email was sent; or
Delivered by hand to the address provided in your application, on the day it was delivered by hand; or
Sent by registered post to the address provided in your application, 24 hours after posting and in proving it, it will be adequate to show that the envelope containing the notice was addressed, stamped, and posted.

Any notice, demand, or communication to the Building Owner, REIT Manager, Property Manager, Facility Manager, Third Party Service Providers, shall only be valid if sent to the Building Owner c/o AIMS APAC Property Management Pte Ltd at One George Street #23-03 Singapore 049145 and marked for the attention of the Asset Management Department.

10.

General Conditions

The Building Owner, REIT Manager, Property Manager, Facility Manager and Third Party Service Providers reserve the right to revise, amend or alter these Terms and Conditions from time to time. Any changes posted on the Website shall be deemed sufficient notice to all carpark users.
The Building Owner, REIT Manager, Property Manager, Facility Manager and Third Party Service Providers reserves the right at its sole and absolute discretion to reject the application for season parking by any party and/or sale of season parking to any party without having to provide any reason whatsoever for such rejection. Nothing in the contract with the season parking holder creates or shall be construed as creating any tenancy and/or conferring any interest in land upon the season parking holder by way of lease or otherwise in the carpark or any part of it.
The parties to the season parking contract (when entered into) shall be the applicant and the Building Owner.
The parties to a contract for the use of the car park system shall be the user of the car park system and the Building Owner.
Notwithstanding that the REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers are not parties to the season parking contract and/or the contract for the use of the car park system, they shall be entitled to enforce these Terms and Conditions herein as if they had been a party to the contract.
A failure by the Building Owner, REIT Manager, Property Manager, Facility Manager, Third Party Service Providers to exercise or enforce any of our rights under this contract shall not constitute a waiver of any of the rights of the Building Owner, REIT Manager, Property Manager, Facility Manager, Third Party Service Providers so as to bar the exercise or enforcement thereof at any subsequent time.
Except as provided for elsewhere in these Terms and Conditions, all matters (including disputes) in connection with the season parking contract and the use of the car park shall be kept strictly confidential. These Terms and Conditions shall be governed by the laws of Singapore and the parties hereby agree to submit to the jurisdiction of the courts of the Republic of Singapore.
The Privacy Statement shall additionally apply to these Terms and Conditions.
The Terms and Conditions herein shall supersede any prior terms and conditions governing season parking contracts as well as the use of the car park system and shall in no way be modified by any preceding oral discussions. The Building Owner, REIT Manager, Property Manager, Facility Manager and/or Third Party Service Providers shall not be bound by any oral representations and/or oral promises in respect of the use of the Carpark except as expressly set forth in these Terms and Conditions with the object and intention that the whole of the agreement shall be set forth in these Terms and Conditions.

Last updated on 26 Novemer 2020