Terms and Conditions
Terms and Conditions
Terms and Conditions
The use of this website (powerselect.sg) (“Website”) is subject to the terms and conditions set out below (“Terms”). By accessing any part of this Website, you agree to be legally bound by, and to comply with, these Terms. If you do not agree to these Terms, please leave 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.
1. Access to our Website
You may access and use our Website for the purposes of receiving the retail platform services and/or such other services provided by us through our Website.
By posting, submitting, publishing, uploading or making available materials on or through or in connection with the Website (whether done by you or on your behalf), you hereby grant EMC a perpetual, non-exclusive, royalty-free licence to use, process, display or otherwise deal with such materials, or any part thereof, without any payment as it deems fit for the purpose of administering to the retail platform or such other purposes such as publicity, promotion and/or advertising or marketing, without notice to you.
2. Proprietary Rights
All information, data, documents and other matter that is made available on this website (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 and services.
Unless otherwise stated, all rights, title and interests in and to our Website and the Materials are owned, licensed to or controlled by Energy Market Company Pte. Ltd. (“EMC”). All rights relating to our Website and the Materials not expressly granted herein are reserved, and you acknowledge that you do not acquire any right, interest or any licence, except as expressly provided in these Terms, to the Materials by virtue of your use of our Website.
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 trademark infringement.
3. No Unlawful or Prohibited use of our Website and Materials
You hereby undertake that 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;
- 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 internal business purposes. 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 / Links to External Websites
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.
We reserve 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 shall 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.
Our Website may contain links to external websites outside the Website which are not maintained by EMC (“External Websites”). Links to External Websites are provided for your convenience only, and EMC is not responsible for and does not undertake to ensure that such links are current or maintained. EMC is not responsible or liable, has not provided or reviewed, does not approve or endorse, and makes no representations or warranties in respect of the contents or the privacy practices of the External Websites, any products or services which may be advertised, sold or otherwise made available on such External Websites. EMC shall under no circumstances be considered to be associated or affiliated with any statement, opinion, trade or service marks, logos, insignias or other devices appearing on External Websites, or any products or services which may be advertised, sold or otherwise made available on External Websites, or with the operators or owners of External Websites or any person which may be related to any External Website in any manner whatsoever.
5. 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, copy, 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.
6. Disclaimers, Exclusion of Liability and Indemnity
Whilst we have taken reasonable care in the preparation of the Materials, the Materials are of a general nature and are provided to you on an “as is” and “as available” basis, and we disclaim all representations, conditions and warranties of any kind, express or implied, in relation to our Website and the Materials, including without limitation all implied conditions and warranties of satisfactory quality, merchantability, fitness for a particular purpose and non-infringement. Further, the information on our Website may have been obtained via third party sources. EMC does not warrant, represent or endorse the accuracy or reliability of such third party content and shall not be liable for such third party content.
We do not warrant that our Website and the Materials will be free from errors, delays, omissions, interruption, breach of security, corruption, unavailability of access or inaccuracies (“Defects”) and/or malicious software, including but not limited to viruses, computer worms, Trojan horses, spyware or other harmful components (“Malicious Software”).
We shall not be liable for any loss or damage incurred by a user or a third party due to trouble or dispute arising between users or a user and a third party.
Under no circumstances shall we be liable for any losses, damages, claims, liabilities, fees, costs and/or expenses arising out of or in connection with:
- any Defects or the transmission of Malicious Software via our Website;
- anything done or omitted to be done in relation to the Materials;
- the use of the Materials; and/or
- the use or access, or inability to use or access, our Website.
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, 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. The Website provides only general information in relation to the electricity market. EMC does not provide or endorse, and the provision of such information must not be construed as EMC providing or endorsing, financial advice or recommendation for any product or transaction. You shall rely on your own independent assessment and judgement in respect of any proposed transaction and seek independent advice as necessary from your own financial, legal, tax or other professional advisors.
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;
- your breach of any of these Terms; and/or
- any misuse of your username and/or login password.
7. 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.
We may collect certain personal information, including but not limited to (a) identification data (for example your name, e-mail address, mailing address, contact number, birth date, age, occupation, educational level, income level, gender, industry of work); (b) information about your usage of and interaction with our Website (for example computer and connection information, device capability, bandwidth, statistics on page views, frequency of use and traffic to and from our Website); (c) electronic identification data (for example internet protocol address and cookies); and (d) your user profile (for example identification key and password) ((a) to (d) collectively, “Personal Information”) via our Website or when you apply, register for and/or access any of the services made available, whether by subscription or otherwise. The provision of such Personal Information by you is not mandatory, but may be required in order for you to use or access certain web pages and/or sections of our Website or our services.
We are committed to protecting your privacy. We do not disclose specific information about our users to any third parties unless required by law or any government agencies, to comply with legal processes, where necessary to enforce these Terms, to respond to claims from third parties, to protect the safety, interests, rights or property of ours and others or otherwise as permitted under these Terms.
In addition, you agree that we may collect, use and/or disclose your Personal Information under any of the following circumstances:
- to provide the services that you have requested for or to verify and process your personal particulars and payments;
- to communicate with you and to respond to your requests and queries;
- to send you information, notifications, updates and reports in relation to the requested services;
- for user profile and statistical analysis;
- to third parties who, on behalf of us, provide services to you (we will only provide such third parties the relevant information required for the provision of the services, and the third parties are prohibited from using such Personal Information for any other purpose);
- certain web pages and/or sections of our Website may use “cookies”, which are small data files sent to your computer, to store and track information about you when you access such web pages and/or sections of our Website. The cookies track information such as users’ profiles, the number of users, their frequency of use and their preferred websites; and/or
- for any other purposes for which we have obtained your consent.
You also acknowledge and agree that Personal Information that we collect may be stored or processed in, or transferred to, servers of our service providers.
While we will take reasonable care in preventing the loss, misuse or alteration of your Personal Information, you acknowledge that data transmission over the Internet is insecure and we cannot guarantee the security of the data transmitted over the Internet.
9. Changes to these Terms
We reserve the right to modify these Terms from time to time and at any time. Your use of our Website after such changes have been posted on our Website constitutes your agreement to these Terms, as modified.
10. Termination and Suspension
We reserve the right, in our absolute discretion, to monitor any and all access and use of our Website. We reserve the right in our sole discretion to restrict, suspend or terminate your access to and/or use of our Website and the Materials or any part thereof and/or to or terminate, withdraw or suspend the operation of our Website or the Materials, in all cases, without assigning any reason.
The invalidity, illegality or unenforceability of any of these Terms shall not affect the validity, legality and enforceability of the remaining provisions of these Terms.
12. 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.
13. Rights of Third Parties
Except as provided under paragraph 6, 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.
14. 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.