Terms and Conditions

 

Please read these terms and conditions of use (“Terms”) carefully. By accessing and using this web page and the other web pages owned or operated by Energy Market Company Pte Ltd (“EMC”) or accessing and using our online services  (our “Website”), you will be conclusively presumed to have notice of, and you acknowledge that you agree to comply with and be bound by, these Terms, as amended from time to time. These Terms govern the relationship with you in relation to this Website. If you disagree with any part of these Terms, you must immediately discontinue your access or use of this Website.

 

Specific terms and conditions of use appearing on specific web pages and/or sections of this Website may be applicable to such web pages and/or sections of this Website. Such specific terms and conditions of use shall constitute part of these Terms. In the event of any conflict between such specific terms and conditions of use and these Terms, the specific terms and conditions of use shall prevail to the extent of such conflict.

 

The term ‘Energy Market Company Pte Ltd’, ‘Energy Market Company’, ‘EMC’, ‘we’ or ‘us’ refers to Energy Market Company Pte Ltd and its affiliates (where applicable), and the term ‘our’ has a correlative meaning. The term ‘you’ refers to the viewer or user of this Website, and term ‘your’ has a correlative meaning.

 

1. Access to our Website

 

You may access and view our Website and may save an electronic copy or print out a copy of the information, data, documents and other matter that is made available on this Website (the “Materials”) solely for your own personal and non-commercial use. If you make a copy of the Materials, you must ensure that such copy is in the form as presented on our Website and includes all applicable copyright and other notices on our Website.

 

Except with our prior written permission, you may not copy, store (either in hardcopy or in an electronic retrieval system), adapt, alter, decompile, reverse engineer, disassemble, adapt, translate, transmit, disseminate, distribute, perform, broadcast, publish, reproduce, publicly display, hyperlink, sell, exploit, license, rent, lease or otherwise transfer any of the Materials to any other person (whether for direct commercial purpose or monetary gain or otherwise) or otherwise use in whole or in part any of the Materials in any manner other than for the purposes stated above.

 

Except with our prior written permission, you may not create a derivative work from the Materials, nor decompile, reverse-engineer or disassemble the Materials.

 

2. Proprietary Rights

 

The Materials are protected by copyright, trademarks and other forms of proprietary rights. Such Materials include, but are not limited to, any price information, data, photographs, graphics, illustrations, designs, trademarks, trade names, service marks, product names, domain names, logos, insignias or other devices, software programmes, downloadable files, software applications, interactive features, tools, services, articles, videos or other information or content made available on or through our Website. The presentation and layout of the Materials is also protected by copyright, trademark, service marks, international treaties and other proprietary rights and laws of Singapore and other countries.

 

Unless otherwise stated, all rights, title and interests in and to our Website and the Materials are owned, licensed to or controlled by EMC. Any rights relating to the Materials and our Website not expressly granted herein are reserved and no licence or right is granted to you by implication, estoppel or otherwise.

 

You shall not use any of the names, marks, designs and logos owned or controlled by EMC and/or EMC’s affiliates (collectively, “EMC Marks”, including EMC’s logo and other service marks, trademarks, trade names, slogans, symbols, designs, insignia, emblems and other identifying characteristics associated with EMC and/or its affiliates, whether used alone or in conjunction with any other name, words or marks) without EMC’s prior written consent.

 

Any use and/or reproduction of any EMC Mark shall be in accordance with these Terms and EMC’s and/or EMC’s affiliates’ relevant branding guidelines. EMC and/or any EMC affiliate may in its sole discretion request you to modify or remove any EMC Mark, including where such use or reproduction may affect EMC’s and/or EMC’s affiliates’ rights. EMC and EMC’s affiliates reserve all rights to take action against any misuse or infringement of any EMC Mark and/or violations of applicable laws. In the event you enter into any definitive agreement with EMC and/or any of EMC’s affiliates relating to any EMC Mark, the terms of such definitive agreement shall prevail in the event of conflict between such definitive agreement and any of these Terms.

 

All trademarks, trade names, service marks, product names and logos contained herein that are not owned by, licensed to or controlled by us are used in an editorial fashion only, and to the benefit of respective owners, with no intention of infringement of any trademark or any other intellectual property rights.

 

3. No Unlawful or Prohibited use of our Website and Materials

 

You acknowledge and agree that, as a condition of your access and use of our Website, you will not:

 

• use the Materials or our Website for any purpose that is unlawful or prohibited by these Terms;
• use our Website in any manner that could damage, disable, overburden or impair any EMC server, or the networks connected to any EMC server, or interfere with any other party’s access and use of our Website;
• use any automated systems or software to undertake or perform any systematic data collection, data gathering or data extraction activities, including but not limited to the use of any spider, scraper, deep link, robot, algorithms or methodology to undertake any data mining, data harvesting and scraping activities;
• attempt to gain unauthorised access to our Website, or any services provided via our Website, other accounts, computer systems or networks connected to any EMC server or to any of the services provided via our Website, through hacking, password mining or any other means; and
• obtain, or attempt to obtain, any Materials or other information through any means not intentionally made available on or through our Website.

 

You may only download, store or use the Materials for your own personal and non-commercial use. The download, storage or use of the Materials is subject to any further terms or conditions which may be specifically provided by us from time to time in respect of such Materials, whether on this Website or elsewhere.

 

4. Limited Linking and Framing of our Website

 

Unless our written permission has been obtained, you may not link (including, but not limited to, hyperlink, in-line link or deep-link) (hereinafter collectively referred to as “Link”), mirror or frame our Website or any part thereof to any other web page, website, server or otherwise. Unless our prior written permission has been obtained, no trademark, trade name, service mark, product name or logo may be used as a Link or to mark any Link to our Website or any part thereof.

 

You hereby undertake that you will not:

 

• deep-link to our Website or any part thereof which was dynamically created by our system and customised for particular usage sessions; and
• hyperlink or deep-link to our Website or any part thereof from any web page or website which contains materials or information which is inappropriate, profane, defamatory, infringing, obscene, indecent, vulgar, harassing, privacy invading, abusive, threatening, harmful, tortious, objectionable, unlawful or violates any applicable intellectual property or proprietary rights.

 

Notwithstanding anything to the contrary in these Terms, EMC reserves all rights to terminate any Link from any website to our Website for any reason. Upon our instructions, you must disable, remove and terminate any Link from any web page or website, or any mirroring or framing of our Website or any part thereof immediately.

 

Notwithstanding the above, we have no responsibility for the content available on any webpage or website which Links, mirrors or frames our Website or any part thereof. In no circumstances will we be considered to be associated or affiliated in whatever manner with such third party webpage or websites, including any trademarks, trade names, service marks, logos, insignia or other devices used or appearing on those webpages or websites that Links, mirrors or frames our Website or any part thereof.

 

5. Links to other websites

 

Any Links provided on our Website are provided for your convenience only. Should you leave our Website via such a Link, the content that you view in such linked web page or website owned or operated by third parties is not provided or controlled by us. We have not developed or reviewed, and are not responsible for the consequences of your accessing the linked web page or website, and/or the content at those web pages or websites. We make no guarantee, representation or warranty as to, and have no liability for, any content at those websites, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose or any representations or warranties arising from usage, custom or trade or by operation of law.

 

Any such Link to other linked web pages or websites on our Website does not constitute (a) an endorsement, authorisation, verification or representation that we are affiliated with the operators or owners of those linked websites; or (b) an endorsement, authorisation, verification, or representation of or as to the contents of such linked websites.

 

You agree that your access to and/or use of such linked web pages or websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein (including without limitation their privacy and data processing policies and practices).ave as expressly permitted by these Terms, you may not in any form or by any means, and shall not permit any affiliate to, copy, use, adapt, reproduce,

 

6. Other Prohibited Actions

 

Save as expressly permitted by these Terms, you may not in any form or by any means, and shall not permit any affiliate to, use, adapt, reproduce, distribute, publicly perform, communicate to the public, publish, transfer, sell, rent, lease,  license, decompile, reverse engineer, assign (whether directly or indirectly, by operation of law or otherwise), transmit, disclose or otherwise make the Materials, whether wholly or in part, available to any other person, or on another website, on-line service or bulletin board, or in hard copy, or on any other media (“Republication”), without our express prior written consent, or in the case of third party material, from the owner of the proprietary rights in that material. Without prejudice to the requirement to obtain our prior written consent for any Republication, or any remedy that we may have in the event of a breach of this paragraph, you acknowledge and agree that we shall have the further right to impose a fee for the Republication or distribution of the Materials made by you for any purpose other than the purposes permitted under these Terms.

 

7. Disclaimers, Exclusion of Liability and Indemnity

 

W​​​​​​The Materials are of a general nature which have not been verified, considered or assessed by us and are provided to you on an “as is” and “as available” basis without warranties of any kind. Your use of the Materials is at your own risk. We hereby disclaim all liability and responsibility to update the Materials. We do not make any representations, and hereby disclaim all warranties, express or implied, statutory or otherwise to the extent permitted by law, in respect of our Website or Mobile App or the Materials, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose, or any representations or warranties arising from usage, custom or trade or by operation of law.

 

Due to the inherent defects of electronic distribution, there may be errors, delays, omissions, interruption, breach of security, corruption, unavailability of access in connection with or inaccuracies in the Materials or our Website (“Defects”). We do not guarantee, represent or warrant that access and use of our Website will be uninterrupted. We assume no responsibility for consequences of any such Defects even if either of us had been advised as to the possibility.

 

We do not guarantee, represent or warrant that our Website is free of malicious software, including, but not limited to, viruses, computer worms, Trojan horses, spyware or other harmful components (“Malicious Software”). We accept no liability for any loss, damage, claim liability, expense or costs that may result from any transmission of such Malicious Software via our Website (including, but not limited to, files downloaded from our Website).

 

​​​​​​​You should not take any action, or omit to take any action, in reliance on the Materials or our Website without independent verification or advice.

 

​​​​​​​We will not be liable to you or anyone for any loss, damage, claim, liability, expense or costs, whether in contract, tort (including negligence) or otherwise, arising out of or in relation to:

 

• anything done or omitted to be done in relation to the Materials or any delay, inaccuracies or omissions in the Materials or any interruption to the supply of Materials;
• the use of the Materials; and/or
• the use or access, or inability to use or access, our Website.

 

We will not be liable for any direct, indirect, consequential, incidental, special or punitive loss, damage, claim, or liability including, but not limited to, loss of data, profits, business contracts or business opportunities, whether in contract, tort (including negligence) or otherwise.

 

The availability of any Materials on, or the grant of access or use of, our Website should not be taken in any way as an inducement to trade or a solicitation for any orders or entry into any legal relations, nor taken as intended in any way to prompt any action or decision on your part whether or not to undertake or consider undertaking any investment decision, trading activity or any other proposed transaction.

 

You hereby agree to indemnify and hold us, our affiliates, officers, agents, partners and employees harmless against all demands, proceedings, losses, damages, claims, liabilities (including statutory liability and liability to third parties), penalties and/or costs (including without limitation, legal costs on a full indemnity basis) arising out of or in connection with:

 

• your connection, access and/or use of the Material or our Website;
• any other party’s access of the Website and/or use of the online services using your username and/or login password;
• your breach of any of these Terms; and/or
• any other party's breach of any of these Terms where such party was able to access and/or our Website or Mobile App and/ by using your identification key and/or your password.

 

8. Jurisdictional Issues

 

This Website is owned and operated by EMC. We make no representation that our Website or the Materials are appropriate for use in your location. Those who choose to access our Website from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

9. Privacy Policy

 

EMC may collect certain personal data from you from time to time via our Website. We are committed to protecting your privacy. EMC’s personal data policy statement is set out at https://www.powerselect.sg/personal-data-notice, and is deemed incorporated into these Terms. Please refer to the statement for further information on our collection, retention, use, disclosure and protection of your personal data.

 

10. Violation of these Terms

 

We reserve the right, in our absolute discretion, to monitor any and all access and use of our Website. We reserve our right to terminate your access and/or use of our Website or any part thereof and we may block access from a particular internet protocol address to our Website or any part thereof in the event of any violation of these Terms. In addition, we reserve the right to seek all remedies available under these Terms, at law and in equity for violations of these Terms. These may include, without limitation, take-down requests to online locations, network service providers, search engines and/or app stores and/or notification to domain registration service providers.

 

11. Changes to these Terms

 

We may, from time to time and at any time, update or revise these Terms. Such update or revision is effective upon publication on our Website. You are responsible for ensuring that you have read the most current version of these Terms. Your continued access and/or use of our Website will be deemed to constitute your conclusive acceptance of the updated or revised Terms. The Materials are subject to change including, without limitation, modification, deletion or replacement thereof without notice.

 

12. Severability

 

If any provision of these Terms, in whole or in part, is held to be illegal, invalid or unenforceable under any enactment or rule of law or by any court in any jurisdiction: (a) such provision or part will, to that extent, be deemed not to form part of these Terms, but the legality, validity and enforceability of the remainder of these Terms is not affected; and (b) the legality, validity and enforceability of that or any other provision or part under any other jurisdiction will not be affected.

 

13. Relationship of Parties

 

Nothing in these Terms shall constitute or be deemed to constitute an agency, partnership or joint venture between us and neither party shall have any authority to bind the other in any way.

 

14. Rights of Third Parties

 

Except as provided under the section “Disclaimers, Exclusion of Liability and Indemnity”, a person or entity who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any term of these Terms.

 

15. Governing Law and Jurisdiction

 

These Terms shall be governed by, and construed in accordance with, the laws of Singapore. You agree to submit to the non-exclusive jurisdiction of the Singapore courts.

 

16. Contact

 

If you have any specific queries about the Materials, you should contact us at the following email address: support@powerselect.sg