TERMS OF USE

The following terms and conditions create a legally binding agreement between you and Banyan Tree Hotels & Resorts Pte Ltd ("banyantreeresidences.com", "we" or "us" as the context may require). You acknowledge that your use of www.banyantreeresidences.com (the "website") is on condition that you accept without variation the terms and conditions set out herein which we may vary at our absolute discretion from time to time with or without notice to you. You acknowledge that your use of this website constitutes your agreement to all the terms and conditions in force for the time being as set out herein. If you do not agree to any part of the following terms or conditions, you must not use this website nor the services provided therein.

You acknowledge that your use of www.banyantreeresidences.com (the "website") is on condition that you accept without variation the terms and conditions set out herein which we may vary at our absolute discretion from time to time with or without notice to you.

You acknowledge that your use of this website constitutes your agreement to all the terms and conditions in force for the time being as set out herein. If you do not agree to any part of the following terms or conditions, you must not use this website nor the services provided therein.

1. REGISTRATION

  • In order to use the website and the products and services provided herein, you must provide all the necessary equipment such as an internet-ready computer and modem; pay any fee (including telephone charges) associated with the provision of access to the internet; you may also have to provide certain current, complete and accurate information about yourself as prompted by our registration form; maintain and update such registration details so as to keep the same current, complete and accurate.
  • We reserve the right to terminate your account and your use of this website without notice to you if it comes to our attention that any of the registration details you have provided is not current, incomplete or inaccurate.

2. YOUR OBLIGATIONS

You shall:

  • Keep your username and password secure and protected from unauthorized access or use;
  • Be entirely responsible for any and all activities that occur under the use of your username and password whether or not actually or expressly authorized by you;
  • Immediately email us at residences@banyantree.com if you become aware of, or suspect, that your username and password have been misused or compromised in any way, or any other breach of security that comes to your attention
  • Not use this website in any way which interferes with its availability to other users nor do anything that degrades the operational performance of the website
  • Not post or transmit onto the website or to any other users, any unlawful, harassing, abusive, threatening, libelous, defamatory, obscene , indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law
  • Not interfere with other users' use and enjoyment of the website and the services therein or engage in surveys, contents, chain letters or post/transmit "junk mail", "spam" or any unsolicited mass dissemination of email
  • Not upload or distribute any files that contain viruses, corrupted files or any other similar computer program that may adversely affect the operational performance of another computer
  • Not use any device, software or routine or attempt to interfere with the proper functioning of the website or any transaction offered at this website
  • Not use the website for any illegal purpose; and
  • Not use this website to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.

3. REPRESENTATIONS & WARRANTIES

You represent and warrant that:

  • You are of sufficient legal age and capacity to use this website in accordance with all terms and conditions herein and to create binding legal obligations in relation to the access and use of this website and the services therein;
  • You are legally and financially responsible for all uses of this website under your username and password whether or not actually or expressly authorized by you; and
  • All information supplied by you is true, current complete and accurate.

4. DATA PROTECTION & PRIVACY

Please refer to our Privacy Policy for more information.

5. PROPRIETARY RIGHTS

  • You acknowledge that the content of the website, including but not limited to data, text, software, music, sound, photographs, video, graphics or other material contained in any form including but not limited to advertisements or commercially produced information presented to you through the website, by us, or our advertisers or other content providers, is protected by copyright, trade marks, service marks, trade secrets, patents, database rights, moral rights, publicity rights, confidentiality or other proprietary rights and laws, belong to banyantree.com or such third party identified therein. The name of banyantreeresidences.com or the trade marks, service marks and logo used and displayed on this website may not be used in any way, including in advertising or publicity, without prior written permission of banyantreeresidences.com.
  • You may make a copy of the content on this website for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not further copy, modify, edit, reproduce, create derivative works or materials, republish, upload, post, transmit, or distribute in any way the content available through the website, including code and software. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, databases or directory is prohibited.
  • You are not to download or otherwise export or re-export any software or underlying information or material available through this website, except to the extent that such downloading occurs in the course of using this website in accordance with our written instructions or otherwise as expressly permitted in this Agreement.
  • This clause shall survive any termination of this Agreement.

6. DISCLAIMER

  • You acknowledge that your use of this website is at your sole risk and discretion. This website (including the products and services provided herein) are provided on an "as is" and "as available" basis and you assume total risk and responsibility for any loss or damage arising from or attributable to your use of this website (including the products and services provided herein) including but not limited to any damage to your computer, equipment or loss of your data.
  • Banyantreeresidences.com neither warrants nor makes any representations regarding the accuracy, quality, timeliness, merchantability, fitness for a particular purpose or completeness of this website or of any of the data, communications, transmissions, information or service contained in this website or that the use of this website will be uninterrupted or error free or that any information, data, content, software or other material accessible through this website will be free of bugs, viruses, worms, cancelbots, trojan horses or other harmful components.
  • We may modify or discontinue the website; any of the features or services of the website and the information contained therein, at any time, with or without notice to you, without any liability whatsoever to you or any third party.

7. LIMITATION OF LIABILITY

  • To the maximum extent permitted by any law, banyantreeresidences.com specifically excludes any and all liability for any direct, indirect, special, incidental or consequential damages arising out of or in any way connected with the access to and use of, availability of or inability to access to and use of this website, or the information, products and services obtained through this website, the submission of any personal information, including, but not limited to, bank and credit card details, the performance or non-performance by banyantreeresidences.com, or any unauthorized access or breach of security into this website through the internet or otherwise arising, whether based on contract, strict liability, tort (including negligence), product liability or otherwise even if banyantreeresidences.com or its agents or employees have been advised of the possibility of such damages.
  • Notwithstanding anything to the contrary in this Agreement, the liability of banyantreeresidences.com shall in no event exceed, in aggregate, Singapore Dollars One thousand.

8. ACKNOWLEDGMENT

The disclaimer and limited liability of banyantreeresidences.com as set out in this Agreement are fundamental elements of the basis of the bargain between you and banyantreeresidences.com, and you agree that banyantreeresidences.com would not otherwise be able to offer the products and services on its present basis without such limitations. This clause shall survive any termination of this Agreement.

9. FORCE MAJEURE

banyantreeresidences.com shall not be liable for damages of any kind arising out of any failure or delay by banyantreeresidences.com in performing any or all of our obligations contained herein or in respect of any product or service if the failure or delay is due to circumstances or cause beyond our reasonable control.

10. CANCELLATION OF SERVICE

Cassia.com may without any liability to you whatsoever, at any time and at its sole discretion and without cause or notice, terminate your account or restrict your access to this website or refuse to give effect to any booking or reservation requested by you without being required to give any reasons or advance notice to you.

11. INDEMNITY

You shall indemnify and keep banyantreeresidences.com indemnified against all claims, demands, actions, proceedings made or brought against banyantreeresidences.com arising from your use of this website and/or any breach of any term or condition by you.

12. LINKS TO THIRD PARTIES

This website may contain hyperlinks to websites operated by parties other than banyantreeresidences.com. The inclusion of hyperlinks to such websites does not imply banyantreeresidences.com’s endorsement of such websites nor any association with their operators. banyantreeresidences.com is not responsible for the contents of other websites.

13. VARIATIONS

  • Banyantreeresidences.com may at any time vary these terms and conditions of use (including without limitation banyantreeresidences.com’s conditions of purchase as set out below) with or without notice to you.
  • You acknowledge that your continued use of the website and services provided herein after the variations of these terms and conditions of use shall constitute your acceptance of the same with immediate effect.
  • Please check this website regularly for such variations.

14. SEVERABILITY

Any provision of this Agreement which is invalid, prohibited or unenforceable in any jurisdiction shall:

  • Be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability;
  • Not invalidate the remaining provisions of this Agreement; and
  • Not effect the validity of that provision in any other jurisdiction.

15. RELATIONSHIP BETWEEN THE PARTIES

No joint venture, partnership, employment or agency relationship exists between you and banyantreeresidences.com. as a result of this Agreement or your use of this website.

16. ADDITIONAL TERMS & CONDITIONS

Additional terms and conditions will apply to your booking and purchase of our products and services. You agree to abide by banyantreeresidences.com’s conditions of purchase and/or the terms and conditions of any supplier of the travel-related products or services.

17. ENTIRE AGREEMENT

Subject to clause 13, this Agreement (including banyantreeresidences.com’s conditions of purchase which are set out below) constitutes the entire agreement between the parties in respect of its subject matter and supersedes all prior understandings or agreements (whether oral or written) regarding the subject matter.

18. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Singapore and you submit to the non-exclusive jurisdiction of the courts of Singapore.

 

LBTL’s CONDITIONS OF PURCHASE

Without prejudice to the generality of the banyantree.com User Terms & Conditions, the booking for and purchase of products and services through the website are subject to the following additional terms and conditions and other terms imposed by our affiliates from time to time. In respect of the purchase of Banyan Tree Gallery products, please refer to the posted terms and conditions for purchase of such products for additional terms imposed for such services.

By effecting a booking for or purchase of any product or service through this website, you agree to be bound by LBTL's Conditions of Purchase as per any sales agreements and any respective affiliates's terms as the case may be.

Liability Disclaimer

While every effort has been made to make this website as complete and as accurate as possible, its content should only be used as a general guide and not as an original source of information. Comments, suggestions or corrections relating to possible errors both typographical and content would be much appreciated. LBTL may make improvements and/or changes in this web site at any time.

All transactions concluded on this website is on a caveat emptor basis, you are advised to make your own independent inquiries in respect of the products and services provided.

Sales and Marketing Documents Disclaimer

We have attached and you have access to various sales information on our projects including but not limited to floorplans layouts; sales brochures; aerial view maps; indicative only project maps; factsheets; FAQs; Schedule of Finishes; and electronic marketing brochures and information outlines. We attach each of the disclaimers relating to those documents here www.banyantreeresidences.com

If you have any other questions about the use of this web site, please refer to our User Term & Conditions or e-mail residences@banyantree.com

 

Disclaimers:

1. Fact Sheet

This project is being developed by LBTL only.

Images: The images in this fact sheet comprising graphics; photographs; renderings; drawings and sketches; weather and climate images; landscaping and foliage density and positioning; road or access locations, positioning and/or surfacing are projections and interpretations only and are not final; confirmatory or intended to be a binding representation of any form whatsoever and are design process images only.

Descriptions: All written descriptions are, at the time of writing, prepared with a reasonable degree of care, but are subject to change if the plans of the project change including but not limited to descriptions of unit sizes; orientation; layouts; number of units; landscaping plans; and amenity and facilities descriptions. Any general references to ambience; atmosphere; or generic matters are subjective descriptions and are never intended and shall not be construed as binding representations of matters which are not within the control of LBTL. The use of the word ‘fact’ does not mean fact in so far as an incontrovertible fact, and is only meant to imply that the information is to provide a guide as to the intended description as the time of issuance of the fact sheet always subject to change.

Memberships/Clubs/Programs: Terms and Conditions apply.

Force Majeure: LBTL reserves the right to withdraw this Project in the event of a matter not within its control preventing LBTL from undertaking the project.

 

2. Floor Plans

This project is being developed by LBTL only.

Conceptual Layout Only: A layout is not at the stage of issuance of this layout, a final layout, and is therefore not intended nor shall be construed in any way whatsoever to be an offer to commit to a layout nor binding. At the point of issuing a layout, LBTL continues to develop plans with regards to the positioning of walls; interior and exterior features; dimensions of rooms; ceiling heights; partition locations; lighting design; door locations; space for furniture fittings and equipment and use and location of sanitary ware. No final commitment shall be made until the point of signing of a full sale and purchase; leasehold and related agreements (“Agreements”) in which a layout plan will be attached, but will be subject to any permitted variations in such Agreements.

Descriptions: All written descriptions are, at the time of writing, prepared with a reasonable degree of care, but are subject to change if the plans of the project change including but not limited to descriptions of unit sizes; orientation; layouts; number of units; bedrooms; internal, external areas and configurations.

Force Majeure: LBTL reserves the right to withdraw this Project in the event of a matter not within its control preventing LBTL from undertaking the project.

 

3. Sales Brochure

This project is being developed by LBTL only.

Images: The images in this fact sheet comprising graphics; photographs; renderings; drawings and sketches; weather and climate images; landscaping and foliage density and positioning; road or access locations, positioning and/or surfacing are projections and interpretations only and are not final; confirmatory or intended to be a binding representation of any form whatsoever and are design process images only. There may be images of other Laguna Group projects within this document which are entirely separate to this project.

Descriptions: All written descriptions are, at the time of writing, prepared with a reasonable degree of care, but are subject to change if the plans of the project change. Any general references to ambience; atmosphere; or generic matters are subjective descriptions and are never intended and shall not be construed as binding representations of matters which are not within the control of LBTL.

Memberships/Clubs/Programs: Terms and Conditions Apply.

Force Majeure: LBTL reserves the right to withdraw this Project in the event of a matter not within its control preventing LBTL from undertaking the project.

 

4. Project Map

Map: This map is deliberately not to scale in relation to any aspect including but not limited to density; orientation; position and size and is guiding only as to the selected key features LBTL wishes to depict for convenience of reference. Any depiction of brands of other projects and facilities in the Laguna group reflect the branding at the time of issuance of this map but are subject to change.

Force Majeure: LBTL reserves the right to withdraw this Project in the event of an matter not within its control preventing LBTL from undertaking the project.

 

5. Overhead Photographic Drone Style Photograph

Images: All images of any kind including graphics; photographs; renderings; drawings and sketches; weather and climate images; landscaping and foliage density and positioning; road or access locations, positioning and/or surfacing are projections and interpretations only and are not final; confirmatory or intended to be a binding representation of any form whatsoever are design process images only. The fact that this image appears to be photographic in nature does not mean that it is a representation of fact nor intended to be. The use of photography is designed to provide the user with a quality image, but not designed to commit the image to be binding or final in any way. The photography and blending used in producing this image deliberately includes editing and image manipulation.

Force Majeure: LBTL reserves the right to withdraw this Project in the event of a matter not within its control preventing LBTL from undertaking the project.

 

6. Schedule of Finishes

Descriptions: Descriptions used are limited to the intended descriptions only at the time of issuing this preliminary schedule of finishes. The finishes are based on the current concept of the project which is subject to change by LBTL in consultation with designers; architects; and in relation to finalization of procurement of materials from any contractors/third parties. All such materials are also subject to availability and testing during the construction process.

Change: LBTL may change any of the finishes including any item, fixture, fitting or equipment to be installed to be a different, varied in part of whole or wholly substituted finish of substantially similar quality and type with regard to the functionality of the relevant finishes. Any finishes that are attached to any full sale and purchase; leasehold and related agreements (“Agreements”) shall also be subject to terms and conditions of variation as set out under those Agreements.

Natural and Synthetic Products: Natural and synthetic products included in the design have characteristics and inherent flaws that may lead to uneven wear; minor distortion, colouring; discolouration; fading; warping and/or may have different inconsistent textures and appearances and any feature shall be accepted as a natural consequence of the use of such natural or synthetic product.

 

7. EDM

Whilst every care has been taken in preparing these particulars, LBTL gives no representation or warranty, express or implied, as to the completeness or accuracy of the information contained herein. These particulars are subject to assumptions, errors, omissions, change of price/rental or other conditions, withdrawal without notice, and any special listing conditions imposed. LBTL will not be liable for any direct or indirect consequential losses or damages arising from the use of this information. The information contained herein should not be construed as either projections or predictions or as legal, tax, financial, accounting or any other kind of advice and no reliance should be placed on the fairness, accuracy, completeness or correctness of the information or opinions contained or referred to herein. You should satisfy yourself about the completeness or accuracy of any information or materials and consult your own professional advisors as to the legal, tax, business, financial and related aspects of an investment in this project. This document is for information purposes only and does not constitute and is not intended to constitute or form part of an offer, solicitation or invitation of any offer, to purchase or subscribe for any interests, nor should it or any part of it form the basis of, or be relied upon in any connection with, any contract, commitment or arrangement whatsoever.

 

8. FAQ

Whilst every care has been taken in preparing these FAQs, the developer does not guarantee its accuracy nor intends it to form part of any offer or contract. All information at the time of writing is believed to be correct but is not to be regarded as statements or representations of facts. The developer reserves the right at any time to make changes to the project at its own discretion.

 

9. For all translation disclaimer:

All translations of the materials and information provided in English are unofficial translations only and are not certified as accurate or binding in any respect. All reference to the original content of all materials and information must be to the English versions and in the event of any reference or use of such information in any claim or submission, the English language version must prevail in meaning, noting that in any event all English language materials and information contain disclaimers and such disclaimers are accepted by you.