TREETOPS EXECUTIVE RESIDENCES

TERMS & CONDITIONS OF STAY

 

 

 1.             ABOUT THIS DOCUMENT

 

1.1 This Terms & Conditions of Stay (“T&C”) is between:

(a)   British and Malayan Trustees Limited, in its capacity as the sole trustee of the Settlement as defined below (“BMT”) trading as Treetops Executive Residences; and

(b)   the party to whom any Offer of Accommodation (as defined below) is addressed as contracting on in its own account (“the Licensee”),

collectively referred to in this T&C as “the Parties”.

1.2 This T&C may be updated from time to time.  Notice of these changes will be given to the Licensee by delivery to the Apartment (as defined below) or company if made during the Licence Period.  It is a condition of the Licensee’s Agreement with Treetops Executive Residences that any new changes will take effect on the date stipulated on these Notices.

1.3 Except where expressly provided for by separate written agreement between the Parties or as provided in the Offer of Accommodation, the terms of this T&C shall apply and prevail over any contradiction with any other documents and no other terms or conditions set out in any invoices, delivery orders, forms or other documents shall apply to the Licence (as defined below). The Parties further agree that where applicable, this T&C shall prevail over any contrary term in Annex B to the Offer of Accommodation. Unless expressly provided for, the T&C and Offer of Accommodation constitute the whole of the Licence and supersedes all previous agreements between the Parties.

 2.             DEFINITIONS

 

2.1 In this T&C, the following words will have the following meanings:

“Accommodation Charge” means such amounts which are due from the Licensee to Treetops Executive Residences under this agreement as:

(i) licence fees for the use of the Apartment;

(ii) for the hire of the Chattels, maintenance charges, provision of Services and utility charges; and

(iii) goods and services tax.

 “Apartment” means the apartment or apartments referred to in the Offer of Accommodation forming part of the premises (“Premises”) known as Treetops Executive Residences at 7 Orange Grove Road, Singapore 258355.

“Chattels” means the fixtures, fittings, furniture, furnishings, appliances and crockery described or referred to in the Offer of Accommodation. A full list can be found in Annex C of the Offer of Accommodation sent to you earlier.

 “BMT” includes its successors-in-title and/or such other trustee or trustees of the Settlement as may be appointed for the time being and shall in each case include the person for the time being entitled to the reversion immediately expectant upon the determination of this Agreement.

“Incidentals” is as defined at clause 4.2 of this Licence.

“Licence” means the agreement for the use and occupation of the Apartment and provide the Services, including the Offer of Accommodation and the T&C.

“Licence Period” means the period of stay which is provided for in the Offer of Accommodation as may be subsequently amended in accordance with this T&C,

“Licensee” refers to the contracting party and includes its successors in title and permitted assigns.

“Occupants” means any person who occupies the Apartment on the Licensee’s account.

“Offer of Accommodation” means the letter, e-mail or document, including any annexes, and any letter, e-mail or document, including any annexes sent by Treetops Executive Residences, formally giving an offer of accommodation which incorporates and refers to this T&C.

“Rules and Regulations” means the rules and regulations of Treetops Executive Residences prescribed by Treetops Executive Residences or any other proper authority from time to time and any amendments thereto. The Rules and Regulations can be found in Appendix A of this T & C.

“Services” means such domestic services and other services as may be rendered to the Licencee, the Occupants or Visitors.

“Settlement” means the Family Settlement dated 7 October 1933 and entered into between Shaik Sallim Bin Mohamed Bin Sallim Bin Talib (“Settlor”) of the first part of the Settlor and Shaik Jaffar and Shaik Abdullah, sons of the Settlor of the second part and Shaik Mohsin, son of the Settlor of the third part and two Supplemental Indentures dated 28 March 1935 and 31 August 1935 respectively made between the Settlor of the first part, and the Settlor and his said sons Shaik Jaafar, Shaik Abdullah and Shaik Mohsin of the second part.

“Treetops Executive Residences” means Treetops Executive Residences, the Registered Business Entity (Business Reg. No. 52908421W) and all references to rights, powers and obligations accruing to Treetops Executive Residences shall also be deemed to include and enure to BMT as the registered proprietor of Treetops Executive Residences.

“Visitors” means any persons whom the Licensee or its Occupants invites to the Apartment or the Premises, including without limitation, employees, independent contractors, agents, servants, visitors, invitees and licensees.

 

3.             LICENCE TO USE THE APARTMENT

 

3.1 In consideration of the Licensee’s payment of the Accommodation Charge, Treetops Executive Residences grants the Licensee a licence to occupy the Apartment and use the Chattels for the duration of the Licence Period. The Licence shall entitle the Licensee to designate any Occupants to stay at the Apartment during the Licence Period provided written notice is given to Treetops Executive Residences.

3.2 This Licence is contractual in nature and does not create or convey any property rights. No exclusive possession is conferred and this Licence does not create the relationship of landlord and tenant between the parties.  The Licensee and/or any Occupants shall not be entitled to a tenancy now or upon the determination of this Licence. Treetops Executive Residences shall retain at all times, a master key to the Apartment. Treetops Executive Residences reserves the right to access the Apartment at any time it deems necessary including, without limitation, to access the Apartment in the event of emergency, to enable Treetops Executive Residences to enter the Apartment to render the Services, to conduct maintenance and repair services, and to ensure that the Apartment is kept in optimum condition. Notwithstanding anything stated in the Licence, Treetops Executive Residences’ only obligation is to exercise access to the Apartment at such times which Treetops Executive Residences considers reasonable.

3.3 The Licence shall entitle the Licensee to designate any Occupants to stay at the Apartment during the Licence Period at such times as may be requested subject at all times to sufficient advance notice as specified in the Master Agreement (if applicable) and subject to availability for the period requested;

3.4 Each Occupant staying at the Premises or any Apartment shall be deemed to be accommodated under the terms of the Licence which shall apply to all such Apartments or stays.

 

4.                     SERVICES

 

4.1 Treetops Executive Residences shall, in consideration of the Licensee’s payment of the Accommodation Charge, also provide, under the Licence, the following domestic services as part of the Services during the Licence Period:

(a)   providing air-conditioning to the Apartment, lift lighting and cleaning services to the common areas of the Premises and generally to manage and maintain the common amenities and recreational facilities

(b)   providing general cleaning of the Apartment six days a week excluding Sundays and Public Holidays;

(c)   changing towels;

(d)   making up beds;

(e)   emptying waste paper baskets and rubbish bins in the Apartment;

(f)   washing of crockery, glassware and cooking utensils which are hired from Treetops Executive Residences; and

(g)   changing linen (twice a week, excluding Weekends and Public Holidays);

4.2 In addition, the Licensee agrees to pay for any further Services (including all miscellaneous charges for any goods sold and delivered and/or services provided to the Licensee or Occupants) (collectively referred to in this Licence as “Incidentals”) which are rendered to the Licensee or any Occupants from time to time during the Licence Period.

4.3 Unless Treetops Executive Residences, in its absolute discretion decides otherwise, the amounts due for such other Services shall be invoiced to the Licensee at the end of each calendar month.

4.4 The Licensee agrees that all Occupants must provide, at the time such person is registered in clause 5.1, a specimen signature to be used for the purposes of determining due authorisation by the Licensee for the rendering of such further Services. Unless otherwise specified, all Occupants are deemed as having the Licensee’s authority to charge any Incidentals to the Licensee. Notwithstanding this, Treetops Executive Residences is entitled to require any Occupant who purchases services or goods from Treetops Executive Residences to identify themselves as such before placing an order.

 

5.             OCCUPANTS & VISITORS

 

5.1 The Licensee agrees to ensure that all Occupants or Visitors are registered.  The Licensee acknowledges that this is required by Treetops Executive Residences for, without limitation, safeguarding the security, peace, service quality and good order of the Premises and to comply with any legal obligations or any other requirement that Treetops Executive Residences considers fit. The Licensee agrees that it is responsible for the acts of any Occupants or Visitors during the Licence Period and for the purposes of the Licence, their acts are deemed as the Licensee’s except where Treetops Executive Residences, in its discretion, considers otherwise.

5.2 Treetops Executive Residences reserves the right to treat any persons referred to in clause 5.1 not so registered or any Visitors as trespassers and to require such persons to leave the Apartment or Premises including, where Treetops Executive Residences considers necessary, such lawful action as may be required to eject such persons. Treetops Executive Residences shall not be liable to the Licensee for any claims arising from any demand or requirement on such persons to leave the premises including the use of any lawful means of ejection.

 

6.             PAYMENT

 

6.1 The Licensee shall pay Treetops Executive Residences the Accommodation Charges:

(a)     without demand and clear of all deductions monthly and proportionately for any part of the month the following sums;

(b)     in respect of monthly licences, on the first day of each month in advance, or in all other cases, on such other date as may be stipulated by Treetops Executive Residences; and

(c)     the first payments of the Accommodation Charges are to be made on or before the commencement of the Licence Period.

6.2 The Licensee agrees to pay invoiced sums on any Incidentals at such dates as may be otherwise stated in the invoices.

6.3 All cheque payments are to be made payable to “Treetops Executive Residences”.

6.4 Where any Accommodation Charge, Incidentals or any other payment is unpaid for seven (7) days after becoming due under the terms of this Licence, Treetops Executive Residences is entitled to charge interest at the rate of one point five per cent (1.5%) per month calculated from day to day on the basis of a 30-day month, and calculated from the due date for payment until the actual date of payment.

6.5 Where any third party purports to be liable or agrees to pay Treetops Executive Residences any sums due by the Licensee under this Licence and authorises Treetops Executive Residences to take such payment, any agreement by Treetops Executive Residences to take such payment shall be without prejudice to Treetops Executive Residences’ rights to recover any sums due from the Licensee save that Treetops Executive Residences shall give credit for any amounts actually received from such third party. In such event, where there remains any shortfall on any amounts due from Licensee to Treetops Executive Residences, the Licensee remains liable for the same. Notwithstanding any term of this Licence, the Licensee shall remain the principal debtor for such sums to Treetops Executive Residences.

6.6 In the event of any arrangement or agreement for payment by a third party in accordance with clause 6.5, unless where expressly agreed to by Treetops Executive Residences in writing, Treetops Executive Residences is not obligated to withhold any legal action for such sums.

6.7  All charges will be in Singapore dollars. Any currency exchange variances and applicable bank charges will be borne by the Licensee.

 

7.             DEPOSIT

 

7.1 The Licensee agrees to deposit, at the commencement of the Licence, and maintain with Treetops Executive Residences such sums described as a “Security Deposit” in the Offer of Accommodation. In the event that no such sum prescribed, the sum of one (1) months’ Accommodation Charge shall be payable as a Security Deposit.

7.2 The Parties agree that the Security Deposit shall act as security for the due performance and observance by the Licensee of the Licensee’s obligations herein.  The said deposit or any part thereof may be applied by Treetops Executive Residences in or towards payment of any sums due (including without limit, sums due for breach of any obligation under this Licence) to Treetops Executive Residences but subject as aforesaid shall be refunded without interest to the Licensee (less any deductions by Treetops Executive Residences) within twenty-one (21) days of the expiration of the Licence Period.  Provided always that no part of the said deposit shall without the written consent of Treetops Executive Residences be set-off by the Licensee against any rent or other sums owing by the Licensee.

 

8.             TERMINATION

 

8.1 No premature or early termination of the Licence Period by the Licensee is permitted.

8.2 Treetops Executive Residences shall have an absolute right to forfeit and to retain all monies paid, terminate the Licence and/or be entitled to grant a Licence to any other party to occupy the Apartment without further notice to the Licensee, without prejudice to any other rights or remedies available to Treetops Executive Residences under law or equity, or to Treetops Executive Residences’ rights of compensation of any kind in any of the following events:

(a)     if any cheque paid to Treetops Executive Residences for Accommodation Charge or Incidentals is not honoured on first presentation;

(b)     if the Licensee does not comply with the Agreement;

(c)     if the Licensee fails to proceed to occupy the Apartment under the Licence granted;

(d)     if the Licensee seeks to terminate the Licence prior to the completion of the Term without prior mutual agreement with Treetops Executive Residences; or

(e)     if the Licensee (including any Occupants or Visitors whose acts are regarded as the Licensee’s) breaches a term of this Licence which is not capable of remedy or which if, capable of remedy, is not remedied within such notice period as may be set out by Treetops Executive Residences in writing to the Licensee informing the Licensee of such breach.

8.3 In the event the Apartment or any part is damaged or destroyed and therefore becomes unfit for occupation and use, either party may give forty-eight (48) hours’ notice in writing to the other to terminate the Licence. The Licensee’s right to terminate shall not apply if such damage or destruction is caused by the act or default of the Licensee, Occupants or Visitors.

8.4 Where the Licensee wishes to renew or extend the Licence Period for the Apartment, Licensee shall provide prior written notice to Treetops Executive Residences at least fourteen (14) days before the expiry of the Licence Period. Treetops Executive Residences reserves the right to accept or confirm the extension subject to availability. Unless stated elsewhere, the renewal will be on the same terms as this Licence.

8.5 Where the Licence is terminated (for any reason), the Licensee must remove or ensure the removal of all or any goods (including any personal property of every description, or the personal property of any of the Licensee’s Occupants or Visitors, or of any third party) from the Apartment.

8.6 The Licensee will be deemed to have abandoned the Apartment, if the Licensee or its Occupants are not in occupation of the Apartment for a continuous period of fourteen (14) days and the Accommodation Charge or any part thereof is outstanding. In the event of the end of the Licence or abandonment, Treetops Executive Residences will be entitled to mitigate its damages by entering the Apartment and to sell or otherwise dispose of the goods in the Apartment on the Licensee’s behalf at such time and price Treetops Executive Residences shall in its absolute discretion think fit, without prejudice to Treetops Executive Residences’ other rights and remedies. Treetops Executive Residences shall after payment out of the proceeds of sale or the costs and expenses connected with the sale, apply the net proceeds of sale towards payment of all arrears of the Accommodation Charge, Incidentals or any other monies and the interest thereon and all other sums of money due and payable to Treetops Executive Residences under the Licence. The balance (if any) will be paid to the Licensee. The Licensee agrees to indemnify Treetops Executive Residences and hold Treetops Executive Residences harmless against any claims for conversion in respect of any goods found in the Apartment and sold in accordance with this clause.

 

9.             TRANSFER OF APARTMENT

 

9.1 Where requested by the Licensee in the form prescribed by Treetops Executive Residences, and subject to availability, Treetops Executive Residences may, at its discretion, agree to any request of the Licensee to have the Licensee or Occupants stay at a different apartment(s) in which case the new apartment(s) (together with any other apartment originally covered by this Licence and not changed, if any) will be deemed the Apartment under this Licence for all purposes from the date of the transfer.

9.2 The Licensee agrees that where, in any transfer to a new apartment in accordance with clause 9.1:

(a)   any items are moved by the Licensee, Occupants or any Visitors shall be moved at the Licensee’s sole risk and liability;

(b)   where the Licensee requests the assistance of Treetops Executive Residences in moving or transfer any items, the Licensee (or the Occupant on the Licensee’s behalf) shall be required to complete and countersign an inventory with Treetops Executive Residences or Treetops Executive Residences’ staff of such items, with any notation of the condition of any items to be recorded;

(c)   Treetops Executive Residences shall not be liable for any items alleged as lost in any transfer which are not recorded in compliance with clause 9.2(b) and Treetops Executive Residences shall not be liable for any damage where the condition of any item transferred by Treetops Executive Residences in clause 9.2(b) was not noted in the inventory;

(d)   for the purposes of the transfer, the Licensee (or the Occupant on the Licensee’s behalf) will comply with any directions Treetops Executive Residences may provide as to the storage or transfer of any items; and

(e)   the Licensee (or the Occupant on the Licensee’s behalf) shall be entitled to supervise any transfer of any items which Treetops Executive Residences agrees to assist in moving but Treetops Executive Residences shall be entitled to take such steps as may be reasonable to ensure the efficiency of the same without disruption to any of Treetops Executive Residences’ operational requirements of other residents in the Premises.

 

10.             RULES & REGULATIONS

 

10.1 During the Licence Period, the Licensee and the Occupants must perform and observe the Rules and Regulations which is attached as Appendix A in this T & C. The Licensee agrees to procure the performance and due observance of the Rules and Regulations by the Licensee’s Occupants and Visitors.

10.2  The Rules and Regulations may be amended from time to time. Notice of these changes will be given to the Licensee by delivery to the Apartment (as defined below) or company if made during the Licence Period.  It is a condition of the Licensee’s Agreement with Treetops Executive Residences that any new changes will take effect on the date stipulated on these Notices.


11.             EXCLUSIONS, LIMITATION & INDEMNITY

 

11.3 Treetops Executive Residences will not be liable to the Licensee in respect of any interruption in or failure of any of the Services or for accommodation to be provided under the Licence for any reason such as necessary repair, maintenance, installation of apparatus, damage or destruction, which results from or is in connection with fire, water, act of God or other cause beyond Treetops Executive Residences’ control or by reason of mechanical or other defect or breakdown of machinery or plant or shortage of manpower, fuel, electricity, water or by reason of labour disputes or other inclement conditions or by any act, omission, default, misconduct or negligence of any employee, agent or independent contractor of Treetops Executive Residences’ in or about the performance or purported performance of any duty relating to the provision by Treetops Executive Residences of the Services. 

11.4 Treetops Executive Residences will not be liable to the Licensee for any interruption or stoppage of Services by reason of act of God, shortage of materials or water, labour disputes or any other cause or circumstances beyond Treetops Executive Residences’ control nor for any loss or damage to any property (whether belonging to the Licensee or otherwise) in the Apartment, unless such accident results in death or injury, or is due to the negligence of Treetops Executive Residences’ servants or agents. In such event, Treetops Executive Residences’ liability to Licensee shall not exceed Dollars Three Hundred (S$300.00) for any one occasion, except where such limitation is not permitted by law.

11.5 Treetops Executive Residences, its agents, servants, employees and contractors shall not be liable or be in any way responsible to the Licensee, or any of your Occupants or Visitors or to any person for any injury, loss or damage sustained to any property or goods (whether belonging to the Licensee or to others, or whether entrusted to Treetops Executive Residences’ agents, servants, employees and contractors) deposited in the Premises including that which has been deposited expressly for safe custody in the safe located in each apartment howsoever occurring (including theft, or the overflow of water from any other premises or parts of the Apartment).

11.6 Treetops Executive Residences, its agents, servants, employees and contractors shall not be liable or be in any way responsible to the Licensee, Occupants or Visitors or to any person for any injury, loss or damage which may be suffered by any person or sustained to any property or goods (whether belonging to the Licensee, Occupants or Visitors, Treetops Executive Residences or to the others whether entrusted to Treetops Executive Residences, its agents, servants, employees and contractors) deposited in the Premises including that which has been deposited expressly for safe custody in the safe located in each apartment howsoever occurring including but not limited to theft as well as that caused by the overflow of water from any other premises or parts of the Premises nor for any consequential loss resulting from short circuit of electrical wiring, fire, explosion, falling plaster, steam, gas, electricity, water, rain or leaks from any other place or by dampness from the Premises or the Apartment or any appurtenances being out of repair nor shall Treetops Executive Residences, its agents, servants, employees and contractors be liable for any such damage caused by other tenants or persons in the Premises or by any construction or other building operations in the neighbourhood provided always that Treetops Executive Residences shall not be liable to the Licensee nor shall the Licensee have any claim against Treetops Executive Residences in respect of any damage, injury or loss arising from the leakage of piping, wiring and sprinkler system in the Premises or buildings thereon and/or the structure of the Premises or buildings thereon.

11.7 Treetops Executive Residences is not liable for any consequential loss of any kind, howsoever arising.

12.             INDEMNITIES

 

12.1 Licensee agrees to indemnify and keep indemnified Treetops Executive Residences against all claims actions damages costs and expenses of any nature which Treetops Executive Residences may suffer or incur as a consequence of or arising from or out of any breach of this Licence or any occurrence at the Apartment or the Premises (or any buildings thereon) caused directly or indirectly by the Licensee, its Occupants or Visitors.

12.2 Licensee agrees to indemnify Treetops Executive Residences and keep Treetops Executive Residences indemnified and hold Treetops Executive Residences harmless from and against:-

(a) all claims, demands, writs, summonses, actions, suits, proceedings, judgments, orders, decrees, damages, costs, losses and expenses of any nature whatsoever which Treetops Executive Residences may suffer or incur in connection with loss of life, personal injury and/or damage or loss to property arising from or out of any occurrence in, upon or at the Apartment or the use of the Apartment or the Premises or the facilities and Services provided by Treetops Executive Residences or any part thereof by the Licensee, Occupants or Visitors; and

(b) all loss and damage to the Apartment and the Premises and to all property therein caused directly or indirectly by the Licensee, Occupants or Visitors and in particular but without limiting the generality of the foregoing, directly or indirectly by the use of misuse or waste of water, electricity or gas or by faulty fittings or fixtures.

 

13.                LICENCE OBLIGATIONS

 

The Licensee agrees with Treetops Executive Residences as follows:-

13.1 To pay any tax levied on the supply of goods and Services or such taxes, or imposition by whatever name called, levied or imposed on the Accommodation Charge or Incidentals and such other monies as are required to be paid under this Licence or under any statutory law during the Licence Period.

13.2 To use the Apartment only as a private residence for the Licensee and for Occupants registered with Treetops Executive Residences.

13.3 Not to do or permit to be done in the Apartment anything which may be or may become nuisance or annoyance to or in any way interfere with the quiet and comfort of adjoining occupiers and not to commit or allow to be committed any illegal act in the Apartment or use the Apartment or allow the same to be used for any illegal or immoral purposes.

13.4 To keep in good and tenantable repair and condition, the interior of the Apartment together with all fixtures and fittings therein (fair wear and tear excepted) and forthwith to make good in a proper and workmanlike manner any damage to the Apartment or to fixtures and fittings therein caused by the Licensee, an Occupant or a Visitor.

13.5 To keep in good and tenantable repair the Chattels (fair wear and tear excepted) and not to remove, sell or dispose of the same and if any of the same shall have been damaged or lost, to compensate Treetops Executive Residences the costs (as determined by Treetops Executive Residences) of the repair or replacement incurred or to be incurred in respect of such repair or replacement.

13.6 Without prejudice to the Licensee’s obligations under this Licence, to permit the Treetops Executive Residences and its agents with or without workmen and others and with or without appliances with prior notice or without notice (in the case of emergency) to enter the Apartment to view the condition thereof and of the fixtures fittings and the Chattels and to co-operate with Treetops Executive Residences in Treetops Executive Residences’ repairs, alterations, improvements or other works as may be required by Treetops Executive Residences.

13.7 Not to assign or otherwise part with or share (except in the case of Occupants registered in accordance with this Agreement) the possession or the use of the Apartment for any period whatsoever, whereby any person not a party to this Licence shall obtain the use or possession of the Apartment.

13.8 Not to make or permit to be made any alterations or additions to the internal construction or appearance of the Apartment or the present scheme of decoration therein or the fixtures fittings and decorations therein.

13.9 Not to install any telephones, facsimile transceivers or teleprinters in the Apartment without Treetops Executive Residences’ prior written consent.

13.10 Not to do anything whereby any insurance in respect of the Apartment or the Premises (or any buildings) may become void or voidable or whereby any insurance premium in respect thereof may be increased and to repay Treetops Executive Residences all sums paid by Treetops Executive Residences by way of increased premium and all expenses incurred by Treetops Executive Residences rendered necessary by a breach or non-observance of this clause. 

13.11 To yield up the Apartment and the Chattels in good and tenantable repair and condition (fair wear and tear excepted) and to remove from the Apartment all personal property not belonging to Treetops Executive Residences at the expiration or sooner determination of the Term.

 

14.             USE OF WI-FI NETWORK

 

14.1 Only the Licensee and Occupants registered with Treetops Executive Residences may use the Wi-Fi Network of Treetops Executive Residences (the “Wi-Fi Network”).

14.2 By accessing and connecting to the Wi-Fi Network, the Licensee or Occupant agrees to the Terms and Conditions on the use of the Wi-Fi Network (the “Wi-Fi T&Cs”) (the “User”), which is available in full at www.treetops.com.sg/wifi.

The following is a non-comprehensive summary of the Wi-Fi T&Cs. Where there is a difference between the following summary and the Wi-Fi T&Cs, the Wi-Fi T&Cs shall prevail.

(a) Usernames and passwords shall remain the property of Treetops Executive Residences, who reserves the right to change them for security purposes.

(b) Treetops Executive Residences shall not be responsible for the data security, privacy, integrity and system security of the User’s system.

(c) User shall be responsible for any use of the Wi-Fi Network with his/her dedicated in-room username and passwords, even if such use is unauthorized or without the User’s knowledge. User shall inform Treetops Executive Residences immediately when he/she becomes aware of abuse of his/her username and/or password by unauthorised parties.

(d) User shall not use the Wi-Fi Network to engage in any activity which constitutes or is capable of constituting a criminal offence, contravenes public order or decency and/or infringes the rights of third parties. User shall be solely responsible for such activities.

(e) The Wi-Fi Network is provided on an “as is, where is” basis.

(f) Treetops Executive Residences and its service providers shall not be liable for any costs or damages arising out of the User’s use of the Wi-Fi Network or the Internet.

(g) Treetops Executive Residences reserves the sole and absolute right to change, limit or discontinue the Wi-Fi Network, change the Wi-Fi T&Cs, or make the Wi-Fi Network chargeable at the sole discretion of its Management.

 

15.             OTHER CONDITIONS

 

15.1  It is hereby agreed between the Parties that nothing herein contained shall be deemed to entitle the Licensee to pursue exercise or enforce any right or remedy in respect of any breach against the personal estate property effects or assets of Treetops Executive Residences other than the monies arising from the Treetops Executive Residences held by Treetops Executive Residences in trust for the Settlement.

15.2 Any notice shall be sufficiently served if sent to the last known address of the party to be notified or if to the Treetops Executive Residences if left at the Apartment.  Notice by post shall be deemed to be received the day after the same is posted.

15.3 The failure of either party to terminate immediately upon the occurrence of any breach shall not be construed as a waiver on the part of that party. Any waiver of a party’s right to terminate shall be express and in writing from them to the other party and the waiver by either party of its right to terminate on the occurrence of any default shall not prejudice its right to terminate upon the occurrence of a similar default in the future. No waiver by either party for any breach of condition, covenant or agreement shall be effective except in respect of the particular breach giving rise to such waiver.

15.4 There are no collateral or precedent representations, agreements, warranties or conditions not specifically set forth herein except and subject to the provisions of this Licence and no modification, amendment or variation hereof shall be effective or binding on the Parties unless agreed by them in writing.

15.5 Each provision of this Licence shall be read and construed independently of the other provisions herein contained so that the invalidity or unenforceability for any reason for any reason of any part of this Licence shall not prejudice or affect the validity or unenforceability of the remainder.

15.6 This Licence shall be construed and interpreted in accordance with the laws of the Republic of Singapore for every purpose. Any dispute difference or question which may arise at any time hereafter between the Parties touching the true construction of this Agreement or the rights and liabilities of the parties hereto shall unless otherwise herein expressly provided be referred to a court of competent jurisdiction in Singapore. Either party may, at its option (except where proceedings have been commenced in the courts of the Republic of Singapore) submit such dispute to the decision of a single arbitrator to be agreed upon between the parties or in default of agreement for fourteen (14) days to be appointed in accordance with the rules adopted by the Singapore International Arbitration Centre and subject to the provisions of the Arbitration Act or any statutory modification or re-enactment thereof for the time being in force.

15.7 Any express statement of a right of Treetops Executive Residences under this Licence is without prejudice to any other right of Treetops Executive Residences expressly stated in this Licence or arising at law.

15.8 Except where expressly stated, nothing in this Licence is intended to grant to any third party any right to enforce any term of this contract or to confer on any third party any benefits under this contract for the purposes of the Contract (Rights of Third Parties) Act 2001 and any re-enactment thereof, the application of which legislation is hereby expressly excluded.

15.9 The Licensee acknowledges that Treetops Executive Residences has entered into this Licence only in its capacity as trustee of the Settlement (and not in Treetops Executive Residences’ personal capacity) and all references to the Treetops Executive Residences” in this Licence shall be construed accordingly. Notwithstanding any provision to the contrary in this Licence, Treetops Executive Residences has assumed all obligations under Licence only in its capacity as trustee of the Settlement and any liability of or indemnity given by Treetops Executive Residences herein is limited to the assets over which Treetops Executive Residences has recourse to the Settlement and shall not extend to any personal, or other assets of the Principal, or any assets held by the Principal as trustee of any trust.

 

 

APPENDIX A

 

RULES & REGULATIONS

 

1. The Occupant shall not use or suffer or permit the Apartment to be used otherwise than as a private residence for the use of the Occupant and his family and not to take in lodgers or guests save and except with the prior written consent of the Treetops Executive Residences and subject to such terms and conditions as the Treetops Executive Residences may reasonably impose.

2. Servants of the Treetops Executive Residences are under no obligation to furnish attendances to the Occupant for their private convenience save and except with the consent of the Treetops Executive Residences.

3. The Occupant or his Visitors shall not change or alter or install any lock on any doors of the Apartment.

4. The Occupant shall not erect or permit to project outside the Apartment any wireless or television aerial or other obstruction nor do or permit to be done anything to the external walls of the Apartment which will alter the appearance of the Building save with the prior written consent of the Treetops Executive Residences.

5. The Occupant shall not erect or place or permit to be erected or placed on any erected walls of the Apartment or in any part of the common areas of the Building any sign advertisement or notice of any nature whatsoever.

6.The Occupant shall not allow his children (if any) or his Visitors’ children to loiter or play in or about any entrances, landings, passages, stairways, lifts, public halls or any other common parts of the Building.

7. No Occupant is permitted to drive nails or screws into or otherwise cut, maim, damage, injure or in any way damage or deface any floors, ceilings, wall partitions, timbers or any part of the Apartment.

8. The Occupant shall not install any air-conditioning unit or any other electrical systems or apparatus in the Apartment without prior written consent of the Treetops Executive Residences.

9. The Occupant and Visitors shall not use nor authorize the use of the passenger lifts for the carriage of goods.

10. Children must be accompanied by adults when using the lifts, sauna, Jacuzzi, pool, or playground.

11. The Occupant and Visitors shall ensure that all doors and other means of access to the Apartment must be securely fastened on all occasions when the Apartment is left unoccupied.

12. The Occupant and Visitors must switch off all lights and all electrical appliances when not in use, and in particular when the Apartment is left unoccupied 

13. The Occupant and Visitors shall not cause any obstruction in or on the approaches private roads or passageway adjacent to or leading to the Apartment and/or the Building by leaving or parking or permitting to be left or parked any motor car, motorcycles or other vehicles belonging to or owned by the Occupant or his Visitors.  The Occupant shall also observe all regulations made by the Treetops Executive Residences relating to the parking of such vehicles.

14.  No clothes, towels, linen or other articles shall be hung placed or exposed outside the Apartment so as to be visible from the street or form any other building which in the opinion of the Treetops Executive Residences is incongruous or unsightly or may detract from the general appearance of the Building.

15. The Occupant and Visitors to the Apartment shall not cause or permit to be inserted or placed or left in the sinks, lavatories, cisterns or any pipe any rags, dirt, rubbish, refuse or other substance likely to cause any obstruction or blockage therein.

16. The Occupant and Visitors are not to keep or bring any dog, bird, or other animal(s) into the Apartment.

17. The Occupant and Visitors to the Apartment shall not cause any nuisance, inconvenience or annoyance to the Treetops Executive Residences or other Occupants by the use of any musical or noise producing instrument in or about the Apartment or the Building.

18. The Occupant and Visitors to the Apartment shall not waste or permit to be wasted any water in the Apartment.

19. No toys, bicycles or other vehicles, goods, parcels, cases, refuse, litter or any other things shall be deposited in or upon the common passages, staircases, lifts or any other common parts of the Building. Bicycles, scooters, vehicles etc. are not allowed to be parked within the apartment.

20. The Occupant and Visitors of the Apartment shall dispose of and place all garbage in the proper receptacles provided in the Apartment.

21. The Visitors of the Occupant shall be subject to inspection by the security guards employed by the Treetops Executive Residences for the security of the Building.

22. The Occupant and Visitors must be properly clothed at all times when using the common areas of the Building.

23. The Occupant and Visitors shall notify the Treetops Executive Residences immediately if the key(s) to the Apartment are mislaid or lost.

24. The Occupant and Visitors shall forthwith give notice to the Treetops Executive Residences of any damages that may occur in or to the Apartment and of any defect in the air-conditioning, water pipes, electrical wirings or fittings or other apparatus, sanitary systems, fixtures or other facilities in the Apartment or the common areas of the Building.

25. The Occupant and Visitors shall notify the Treetops Executive Residences and/or its servants of any unauthorised persons found to be loitering in the common areas of the Building.

26.  The Occupant and Visitors should ensure that the balcony door(s) are closed at all times. Should they wish to step out to the balcony, the door(s) should be closed to prevent condensation, which may damage the apartment’s fixtures and wall coverings.

27. The Occupant and Visitors shall observe and comply with all other restrictions, rules and regulations as indicated in the Residence Guide available in the apartment which may from time to time be made or vary or added to by the Treetops Executive Residences or its agents.

 

Updated as of 21 Oct 2015