Terms and Conditions

 


 

SECTION 1: TERMS & CONDITIONS OF MEMBERSHIP AGREEMENT


 

NOTE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

By clicking on “ACCEPT & CONTINUE”, you acknowledge that you have read and understood all the terms and conditions of this Membership Agreement and agree to be bound by the terms and conditions of the Membership Agreement.

 

 

 1.             USE of thebridge SPACE

 1.1           Use

 1.1.1        ASB FLEX permits the Member to access and use thebridge Space for the Term in consideration of the Membership Fee reserved by and other covenants on the part of the Member under this Membership Agreement.

 1.2           Permitted Use

 1.2.1        The Member shall use thebridge Space only for the Permitted Use.

 1.3           Rights

 1.3.1        The right granted to the Member to access and use the Common Areas and/or thebridge Space is non-exclusive.

 1.3.2        The rights to access and use thebridge Space and/or the Common Areas set out in Clause 1.3.1 may also be used by the Head Lessor, ASB                         FLEX and any persons authorised by the Head Lessor or ASB FLEX.

 1.4           Exceptions

 

 

 

2.             CONDITION OF thebridge SPACE

 

2.1           The Member accepts and agrees to take and accept thebridge Space on an “as is, where is” and not to object to the state and condition of thebridge Space existing as at the Commencement Date.

 

2.2           The Member shall not load any part of the floors of thebridge Space with a weight more than the floor loading limit weight set out below, or such other weight as may be set by ASB FLEX:

 

 

                Floor Loading Limit:      Floor Loading   KN per square metre

                                                                                               5

 

 

3.             MEMBER'S OBLIGATIONS

 

                The Member covenants with ASB FLEX that:

 

3.1           Membership Fee and Other Payments

 

 

               

ASB FLEX’s Prescribed

Mode of Payment:

(a)     Cheque

 

Cheque should be crossed and made payable to “ASB Flex Pte. Ltd.

 

(b)     Credit Card

 

The Member may make payment by Visa/MasterCard Credit Card and payments will be processed by ASB FLEX’s designee, via 3rd party payment gateway STRIPE at “_______________________”.

 

(c)     Telegraphic Transfer to:

 

(i)      Bank Account Holder Name:            ASB Flex Pte. Ltd.

(ii)     Name of Bank:                                   Citibank, Singapore

(iii)    Bank Code:                                        7214

(iv)    Account No:                                       0-863707-005

(v)     SWIFT Code:                                     CITISGSG

 

 

 

 

 

 

 

 

3.2           Interest

 

 

3.3           Security Deposit

 

 

 

 

 

 

3.4           Insurance

 

 

3.5           Not to Void Insurance

 

 

3.6           Maintenance

 

3.6.1        The Member shall keep thebridge Space and/or the Common Areas, including all furniture, fixtures and fittings (whether belonging to ASB FLEX or the Head Lessor) in good condition (fair wear and tear excepted) and immediately make good, to the satisfaction of ASB FLEX, any damage caused by the Member to the Common Areas and/or thebridge Space (including the Head Lessor and/or ASB FLEX’s furniture, fixtures and fittings in it) or any other part of the Building or the Park.

 

3.7           ASB FLEX’s Right of Inspection and Repair

 

 

 

3.8           Vacating the thebridge Space

 

 

 

3.9           Assignment and Subletting

 

 

 

(a)        the Member shall remain principally liable to ASB FLEX in respect of the Member’s obligations under this Membership Agreement and shall ensure that the Member’s Permitted Occupiers do not create a breach by the Member of any of the Member’s obligations under this Membership Agreement;

 

(b)        in the event this Membership Agreement is terminated by expiry or otherwise, the Member’s Permitted Occupiers’ occupation shall automatically ends and the Member shall ensure that all the Member’s Permitted Occupiers vacate thebridge Space in accordance with the provisions of the Membership Agreement; and

 

(c)        the Member shall procure and ensure that each of the Member’s Permitted Occupiers logs on to thebridge website (https://community.thebridge-asb.com) and completes and accepts the terms and conditions therein before allowing the Member’s Permitted Occupiers to occupy and use thebridge Space and/or any part of the Common Areas. In the event of breach by any of the Member’s Permitted Occupiers, Clause 3.9.2 (a) shall be applicable.

 

 

 

3.10         No Rights Granted

 

 

3.11         Compliance with the Law

 

 

 

3.12         Head Lease

 

3.12.1      The Member shall comply with the Head Lease so long as the provisions relate to thebridge Space, the Building and (where applicable) the Park.

 

3.13         ASB FLEX’s House Rules and Terms & Conditions For WIFI Access

 

3.13.1      The Member shall comply with ASB FLEX’s House Rules and the Terms & Conditions For WIFI Access and shall ensure that the Member’s Permitted Occupiers, agents, independent contractors, visitors, invitees and others under its control comply with ASB FLEX’s House Rules and the Terms & Conditions For WIFI Access. ASB FLEX may add or vary ASB FLEX’s House Rules and/or the Terms & Conditions For WIFI Access at any time.

 

3.14         Confidentiality of Information

 

 

3.15         Indemnity by Member

 

3.15.1      The Member undertakes to indemnify ASB FLEX fully against all claims, demands, actions, proceedings, judgements, damages, losses, costs and expenses of any nature which ASB FLEX may suffer or incur arising from or in connection with any act, omission or default by the Member in the observance or performance of the Covenants.

 

3.16         Termination and Renewal

 

 

 

 

 

 

4.             ASB FLEX NOT LIABLE

 

4.1           No Claim by Member

 

 

 

 

(c)     leakage or defect in the piping, wiring and sprinkler system or defect in the structure of thebridge Space or the Building;

 

(d)    the use of the car parks in the Building;

 

(e)     the non-compliance of ASB FLEX’s House Rules by the other tenants, employees, agents, independent contractors, Permitted Occupiers, visitors, invitees, licensees and others in thebridge Space;

 

(f)      any failure or delay by ASB FLEX to adequately take or implement any measures to prevent any outbreak or spread whatsoever of any Infectious Disease in thebridge Space;

 

(g)    any terrorist act regardless of any other cause or event contributing to the loss (including but not limited to any action taken to control, prevent, suppress or howsoever taken in relation to any terrorist act);

 

(h)    any Force Majeure;

 

(i)      any failure or inability or defect in the supply or character of electricity, water (including chilled water) or where applicable, gas, supplied to thebridge Space by any service provider of electricity, water (including chilled water) or where applicable, gas, to the Building; or

 

(j)      for accidents, injuries, loss or damage to property or persons in thebridge Space, Building or Park.

 

 

5.             OTHER TERMS

 

5.1           Costs and Expenses

 

5.1.1        The Member shall pay ASB FLEX (on a full indemnity basis) immediately on demand, all ASB FLEX's costs and expenses (including but not limited to legal fees, administrative charges and stamp duty) incurred as a result of any default by the Member under this Membership Agreement.

 

5.2           Remedial Measures

 

5.2.1        If the Member fails to comply with this Membership Agreement, ASB FLEX may, without prejudice to any other rights or remedies of ASB FLEX, carry out such remedial measures as ASB FLEX may specify. All costs and expenses incurred by ASB FLEX together with Interest shall be paid by the Member. ASB FLEX shall not be liable to the Member for any loss, damage or inconvenience caused by ASB FLEX in carrying out the remedial measures, provided that it shall not be construed to affect any other rights and remedies of ASB FLEX.

 

5.3           Refusal of Entry

 

 

 

5.4           Removal of property

 

 

 

 

5.5           ASB FLEX may Assign

 

 

(a)     is treated to have agreed to the transfer;

 

(b)     shall release ASB FLEX from all its obligations under this Membership Agreement; and

 

(c)     if required by ASB FLEX, shall be a party to and sign the assignment or novation agreement for this Membership Agreement with ASB FLEX and its transferee. The assignment or novation agreement shall be prepared by ASB FLEX or its transferee at its cost and expense.

 

 

Limitation of Liability

 

Notwithstanding any contrary provision in this Membership Agreement, it is hereby agreed and acknowledged that HSBC Institutional Trust Services (Singapore) Limited (“HSBCITS”) is entering into this Membership Agreement only in its capacity as trustee of Ascendas Real Estate Investment Trust (the “REIT”) and not in its personal capacity. As such, notwithstanding any provisions in this Membership Agreement, HSBCITS has assumed all obligations under this Membership Agreement in its capacity as trustee of the REIT and not in its personal capacity and any liability of or indemnity given or to be given by ASB FLEX and any power and right conferred on any receiver, attorney, agent and/or delegate by ASB FLEX shall be limited to the assets of the REIT over which HSBCITS, in its capacity as trustee of the REIT, has recourse and shall not extend to any personal assets of HSBCITS or any assets held by HSBCITS in its capacity as trustee of any other trust. This Clause shall survive the termination or rescission of this Lease. The provisions of this Clause shall apply, mutatis mutandis, to any notice, certificate or other document which ASB FLEX issues under or pursuant to this Membership Agreement, as if expressly set out in such notice, certificate or document.”

 

5.6           Government Acquisition and Head Lease Termination

 

5.6.1        If (a) the Building or any part of it is acquired by any Authorities or if any notice, order or gazette(s) notification is issued for the acquisition of the Building or any part thereof by any Authorities; or (b) the Head Lease is terminated for any reasons whatsoever, ASB FLEX may terminate this Membership Agreement, without compensation, by giving the Member notice. This Membership Agreement shall end upon the Member’s receipt of ASB FLEX's notice without affecting any rights or remedies of ASB FLEX for any previous default by the Member under this Membership Agreement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6.             DEFINITIONS

 

                In this Membership Agreement, the following terms shall have the meanings as set out below: