Terms of Use

Terms of Use

1. Agreement - Terms

All access of any area of www.poweringlives.gov.sg ("The Website") is governed by the terms and conditions below ("Terms"). If you do not accept any of these Terms, exit immediately. Continue only if you accept these Terms. In these Terms, the words "we", "our" and "us" refers to the Energy Market Authority.

2. Access To The Website

The accessibility and operation of The Website relies on technologies outside our control. We do not guarantee continuous accessibility or uninterrupted operation of The Website.

3. Relying On Information

We provide The Website as a general information source only and we are not involved in giving professional advice here. The Website may not cover all information available on a particular issue. Before relying on The Website, you should do your own checks or obtain professional advice relevant to your particular circumstances.

4. Security

Where appropriate, we use available technology to protect the security of communications made through The Website. However, we do not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through The Website. Internet communications may be susceptible to interference or interception by third parties. Despite our best efforts, we make no warranties that The Website is free of infection by computer viruses or other unauthorised software. You should take appropriate steps to keep your information, software and equipment secure. This includes clearing your Internet browser cookies and cache before and after using any services on The Website. You should keep your passwords confidential. Please note that we will never ask you for your SingPass or any other login password.

5. Hyperlinks

We are not responsible or liable for the availability or content of any other Internet site (not provided by us) linked to or from The Website. Access to any other Internet site is at your own risk. If you create a link or frame to The Website, you do so at your own risk. We reserve the right to object or disable any link or frame to or from The Website. We reserve the right to change the URL of The Website.

6. Intellectual Property

Materials, including source code, pages, documents and online graphics, audio and video in The Website are protected by law. The intellectual property rights in the materials is owned by or licensed to us. All rights reserved. Energy Market Authority © 2014.

Apart from any fair dealings for the purposes of private study, research, criticism or review, as permitted in law, no part of The Website may be reproduced or reused for any commercial purposes whatsoever without our prior written permission.

7. General Disclaimer And Limitation Of Liability

We will not be liable for any loss or damage (i) that you may incur on account of using, visiting or relying on any statements, opinion, representation or information in The Website, (ii) resulting from any delay in operation or transmission, communications failure, Internet access difficulties or malfunctions in equipment or software, or (iii) the conduct or the views of any person who accesses or uses The Website.

8. Fees

We reserve the right to introduce new fees from time to time. We are not responsible for any fees charged by any other Internet site (not provided by us).

9. Applicable Laws

Use of The Website and these Terms are governed by the laws of Singapore. Any claim relating to use of The Website shall be heard by Singapore Courts.

10. Variation

We may revise these Terms at any time by updating this page. You should visit this page from time to time and review the then current Terms because they are binding on you. We may modify or discontinue any information or features that form part of The Website at any time, with or without notice to you, and without liability.

Terms of Use of Datasets

Acceptance of Terms of Use

1. By accessing and using the datasets provided in this Website or other Websites owned by the Energy Market Authority of Singapore (“EMA”) that are linked from this Website, you shall be deemed to have accepted to be legally bound by these Terms of Use. If you do not agree to these Terms of Use, do not use the datasets.

2. This Website may also provide links to datasets which are available only on payment or under other terms of use. You will be informed of such other terms of use before you access or download such datasets. Your use of such datasets will be subject to those other terms of use.

3. These Terms of Use may change from time to time without notice. Please check the Terms of Use whenever you access or download the datasets for use.

Conditions of Use

4. Subject to these Terms of Use, EMA grants you a worldwide, royalty-free, non-exclusive use of the datasets for the following purposes:

i. copying, distribution or transmission of the datasets;

ii. modification or adaptation of the datasets to suit your needs;

iii. use of the datasets for applications that you develop; or

iv. sharing or commercialisation of the applications that you develop using the datasets,

5. You must:

i. clearly state in your applications or websites containing the datasets the source of the datasets and the date the datasets were downloaded from this Website;

ii. clearly indicate that any analysis or transformation of data are made by you and shall not be attributed to EMA;

iii. clearly state in your applications or websites containing the datasets: "The datasets provided by the Energy Market Authority of Singapore (EMA) via WWW.poweringlives.gov.sg are governed by these Terms of Use. To the fullest extent permitted by law, EMA is not liable for any damage or loss of any kind caused directly or indirectly by the use of the datasets or any derived analyses or applications.”;

iv. include the same requirements stated in paragraphs (i), (ii) and (iii) in any sub-licences that you grant, and require your sub-licensees to do the same; and

v. cease to use the datasets and remove them from your applications or websites upon the request of EMA in the event that the datasets are no longer provided on WWW.poweringlives.gov.sg or of a breach of any of these Terms of Use.

6. You must not use the data for purposes deemed inappropriate and/or misleading to the general public. Such instances include, but are not limited to:

i. presenting the datasets in a misleading or incorrect manner, or misrepresenting the data; or

ii. using the data to promote or support any illegal activities.

6a. The breach of any of these Terms of Use shall result in the cancellation of the licence to use the datasets granted to you under clause 4. These Terms of Use (except for clause 4) shall survive the cancellation of the licence under clause 4.

Disclaimers

7. The datasets are provided on an "as is" basis without warranties of any kind. EMA does not make any representations or warranties whatsoever and, to the fullest extent permitted by the law, hereby disclaim warranties, whether express, implied or statutory, to you or any third party in relation to the use of the datasets, including but not limited to any warranty as to the accuracy, correctness, reliability, timeliness, non-infringement, title, quality or fitness for any particular purpose of the datasets.

8. To the fullest extent permitted by law, EMA shall not be liable to you or any third party for damage or loss of any kind, including but not limited to direct, indirect, punitive, special or consequential damages, loss of goodwill, loss of business resources, income, revenue or profits, lost or damaged data, or damage to your computer or other property, arising directly or indirectly from your or any third party’s use of, or inability to use, the datasets or the relevant Websites.

9. EMA reserves the right at any time, without notice or liability, to remove the datasets from the relevant Websites.

Indemnity

10. You agree to fully indemnify EMA and to hold EMA harmless from any and all claims, demands, losses, liabilities, costs and expenses (including but not limited to legal costs) against EMA arising directly or indirectly from:

i. your use of the datasets;

ii. your breach of any of these Terms of Use;

iii. your violation of any rights of another; or

iv. any claim made by a third party in connection with the third party’s use of the datasets or any derived analyses or applications which you have provided.

Intellectual Property

10a. You acknowledge and agree that all intellectual property rights subsisting in or used in connection with this Website or the datasets are the property of EMA.

10b. You have no authority to enforce any intellectual property rights belonging to EMA in respect of the data sets except with the prior written approval of EMA.

Governing Law

11. These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Singapore. You irrevocably agree for the exclusive benefit of EMA that the Singapore courts shall have exclusive jurisdiction in relation to any dispute arising from or relating to these Terms of Use, and for such purposes irrevocably submit to the jurisdiction of the Singapore courts. EMA reserves its rights to commence or maintain proceedings for such a dispute in the court of any other country claiming or having jurisdiction in respect thereof and you irrevocably waive any objection you may have to such proceedings being brought in any such court.

Meaning of Terms

12. In these Terms of Use:

• “relevant Websites” means this Website or other Websites owned by EMA that are linked from this Website;

• “use of the datasets” includes accessing, downloading, copying, distribution, transmission, modification and adaptation of the datasets, or any derived analyses or applications, for commercial purposes or otherwise.