Terms of Use: Open Electricity Market Website

Open Electricity Market Website | Price Comparison Tool | Self Service Portal For Retailers

 

IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE ("WEBSITE") AND/OR USING ANY OF THE ONLINE SERVICES BEING OFFERED HERE (INCLUDING DOWNLOADING, INSTALLING OR USING ANY ASSOCIATED SOFTWARE), THE USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF USE STATED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, THE USER MUST IMMEDIATELY DISCONTINUE THE ACCESS AND USE OF THIS WEBSITE AND/OR THE ACCESS AND USE OF ANY OF THE ONLINE SERVICES.

The Services (defined below) on this Website is owned and provided by SP Services Limited (hereinafter called the "Service Provider"). These Services may only be accessed and/or used by the User (defined below) through the use of the User's E-Account and/or business registration number, User IDs and/or passwords (as applicable).
 

These Terms & Conditions of Use shall govern the Services and the access and use of this Website as well as the Services by the User. By accessing this Website and/or if applicable, completing the registration or subscription process and clicking the 'Finish' button and thereafter clicking the "I Accept" button, the User agrees to be bound by all of the terms and conditions set out herein.
 

The following terms and expressions shall have the meanings stated hereunder except where the context otherwise requires:

1. "Act"
   the Electricity Act or as applicable, as may be changed from time to time.
    
2. "Affiliate"
   Singapore Power Limited, any persons or entities that are Controlled directly or indirectly by Singapore Power Limited, or are under common Control with, or are Controlled by, Service Provider.
    
3. "Content"
   means all information, text, design, sound recordings, music, Software, photographs, videos, images, graphics, data, messages, links and any other content and materials made available through or provided by the Service Provider as part of or for purposes of or in connection with the Website and/or Services.
    
4. "Control"
   means the beneficial ownership of more than 50% of the issued share capital of a company or the legal power to direct or cause the direction of the general management of the company, and “controls”, “controlled” and the expression “change of control” shall be construed accordingly.
    
5. "E-Account"
   a registered account with the Service Provider for the purposes of using and/or accessing the Website and its Services.
    
6. "Intellectual Property Rights"
   includes but is not limited to any rights, title and interest in patents (including utility models), designs (whether or not capable of registration), semi-conductor topography rights, rights in layouts of integrated circuits, copyrights, Moral Rights, database rights, trademarks, service marks, trade and business names, domain names, and any rights of goodwill associated therewith, rights to sue for passing off, rights in the nature of unfair competition rights, trade secrets, confidentiality and other proprietary rights including rights to know-how, rights to technical and other information, rights to apply for registration of any of the foregoing, rights to take action for past, present and future infringements in respect of any of the foregoing, and all rights in the nature of any of the foregoing anywhere in the world whether registered or unregistered, whether subsisting now or in the future.
    
7. "Malware"
   any and all forms of malicious, surreptitious, destructive or corrupting code, agent, macro or any other program which is designed to permit unauthorized access, to disable, erase, corrupt or otherwise harm or damage software, hardware or data; or any device, method, or token whose apparent or intended purpose is to allow circumvention of the normal security of software or the system containing the code.
    
8. "Moral Rights"
   The rights as described in Article 6bis of the Berne Convention for Protection of Literary and Artistic Works 1886 (as amended and revised from time to time), being "droit moral" or other analogous rights arising under any law, that exist or that may come to exist, anywhere in the world, in relation to any works or other subject matter.
    
9. "Personal Data"
   data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which the Service Provider has or is likely to have access.
    
10. "Retailer"
    an entity that has a licence under the Act to sell or offer to sell electricity to a consumer in accordance with its licence.
     
11. "Security Credentials"
    the E-Account, business registration number, user identification code ("User ID"), passwords and any other devices or information that may be issued by or which may be accepted by the Service Provider from time to time for use by the User for the purposes of authenticating the User’s access and/or use of the Website, the Services and/or the Content.
     
12. "Services"
    any features, functionalities, services or products which the Service Provider provides to the User through the website from time to time including any value-added features (whether online or otherwise).
     
13. "Software"
    any software programmes including any upgrades.
     
14. "User"
    the user using and accessing the Website and Services and which shall include a Retailer.
     
15. "User Content"
    information, content or materials which the User uploads, submits, stores, sends, receives or makes available to or through the Website and/or Services and any Intellectual Property Rights subsisting therein, and all other information, content or materials made available for purposes of or in connection with the Website and/or Services and any Intellectual Property Rights subsisting therein.

The User will need to register for an E-Account with the Service Provider in order to utilise the Website and the Services, access any information related to the User’s instructions given via the Website and access the User’s E-Account information and any other records associated with the User’s use of the Website.

The User may only register for one E-Account with the Service Provider unless the Service Provider explicitly approves the opening of additional accounts. The Service Provider may refuse the creation of duplicate accounts for the same User. Where duplicate accounts are detected, the Service Provider may close or merge these duplicate accounts without notification to the User.

The Website and Content is proprietary to the Service Provider, its Affiliates and/or its licensors (as may be applicable) and must not be used other than strictly in accordance with these Terms & Conditions of Use. If the User agrees to these Terms & Conditions of Use, the User shall be granted a personal, limited, non-exclusive, non-transferable, non-sublicensable right to use the Website and the Content, subject always to these Terms & Conditions of Use, for the purpose of accessing and using the Services and Content.

The Service Provider reserves all rights not granted hereunder.

The User is permitted to, through Service Provider-designated means, print or download extracts of the Content. Any copies of such Content saved to disk or to any other storage medium may only be used for subsequent viewing purpose or to print extracts for personal and non-commercial use save that a User who is a Retailer may use content relating to its customer for the limited purpose of providing services to such customer in accordance with the Act and its licence. Any other use is strictly prohibited unless with prior approval of the Service Provider.

Without prejudice to the foregoing, the User shall not without the prior written consent of the Service Provider: (i) remove, delete, augment, add to, copy, store, include in any public or private electronic retrieval system or service, create derivative works from or otherwise exploit in any way the Website (or any part thereof), the Services (or any part thereof) or the Content (or any part thereof) in any form and by any means; (ii) reproduce, transmit, publish, perform, broadcast, store, adapt, distribute, display, rent, lease, license, export, participate in the transfer or sale of, or hyperlink the Website (or any part thereof), the Services (or any part thereof)or the Content (or any part thereof) in any form and by any means; (iii) use the Website, the Services and/or Content or any element or portion thereof for any commercial purpose whatsoever; (iv) adapt, alter, modify, decompile, disassemble and/or reverse engineer the Website (or any part thereof), the Services (or any part thereof) or the Content (or any part thereof); (v) create a database whether in electronic or structured manual form by regularly or systematically downloading or storing all or any part of the Website and/or Content, whether or not for personal use.

Any breach of the requirements or restrictions in Paragraphs 5 and 6 shall result in immediate and automatic termination of all rights and licence granted by the Service Provider under these Terms & Conditions of Use.

The User shall (i) abide by all applicable laws and regulations in the User’s access and/or use of the Website, the Services and/or the Content; (ii) not impersonate any person or entity or to falsely state or otherwise misrepresent his/her affiliation with any person or entity; (iii) not send, distribute or upload, in any way, any Malware; and (iv) not post, promote or transmit through the Website and/or the Services any unlawful, harassing, libellous, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

The Service Provider does not endorse nor assume any responsibility for the contents of the User’s transmissions or communications through the Website and/or Services and the User is solely responsible therefor. The User warrants and represents that the User has the right and authority to submit the contents of the User’s transmissions or communications through the Website and/or Services.

The Service Provider shall be entitled to, without giving any prior notice, remove any information or materials submitted by the User or posted by the User through the Website and/or Services.
 

The User shall be responsible for maintaining the confidentiality of the Security Credentials, and agrees to accept responsibility for all activities that are referable to the Security Credentials. The Service Provider reserves the right to terminate any or all existing accounts the User has with the Service Provider in their sole discretion.

All use and/or access (including any purported use and/or purported access) of the Website, Services and/or Content referable to any of the Security Credentials (whether such access or use is authorised by the User or not) shall be deemed to be the use and/or access of the Website, Services and/or Content by the User. The Service Provider shall be entitled to consider any person who gains access to the Website, Services and/or the Content using the Security Credentials to be the User or an individual authorised by the User without further inquiry or investigation. Where applicable, references to the User's use and/or access of the Website, Services and/or the Content shall be deemed to include the use and/or access of the Website, Services and/or the Content by an individual authorised by the User.

The User is able to transmit instructions through the Website and/or Services. All instructions referable to any of the Security Credentials shall be deemed to be instructions validly transmitted and issued by the User. Such instructions shall be deemed to be irrevocable and the Service Provider is entitled to act upon such instructions without requiring further consent. The Service Provider shall not be obliged to investigate or verify the authenticity, the authority or the identity of any persons effecting any instructions or the authenticity, accuracy and completeness of such instructions. Notwithstanding this, the Service Provider shall be entitled, at its own discretion, to decline to act or refrain from acting promptly upon any instructions and to investigate or verify the authenticity, the authority or the identity of such persons effecting the instructions or the authenticity, accuracy and completeness of the instruction. The Service Provider may, in its discretion, refuse to comply with any instruction if the instruction is ambiguous or conflicting, incomplete or inaccurate.

The User shall be responsible for all actions referable to any of the Security Credentials, whether or not authorised by the User. Therefore the Service Provider does not recommend that the User discloses any of the Security Credentials to any third parties. The User shall be responsible for any access and/or use, and any purported access and/or use, of the Website, Services, Content and/or E-Account, whether or not authorised by the User. If the User loses control of the Security Credentials, the User may lose substantial control over his/her personally identifiable information and may be subject to legally binding actions taken on the User's behalf.

The User shall immediately notify the Service Provider if it comes to their knowledge that any of the Security Credentials has been compromised (including any loss, theft, breach of security, or unauthorised disclosure or use) and/or there has been unauthorised use of their E-Account, the Website and/or the Services.

The Service Provider shall not be liable or responsible for any damage, expense or loss of any kind suffered directly or indirectly by the User as a result of any loss, disclosure, theft and/or unauthorised use of the User's Security Credentials.
 

Subject to Clause 14 of these Terms & Conditions of Use, the User hereby grants to the Service Provider, a non-exclusive, world-wide, royalty-free, perpetual and irrevocable, right and licence ("Licence") to use, host, store, reproduce, perform, display, distribute, adapt, modify, re-format and create derivative works of any and all of the User Content, and the right to sublicense or transfer the foregoing rights to its Affiliates and such third parties designated by the Service Provider. The User represents and warrants to the Service Provider that it either owns the User Content and/or has valid licenses or other rights in relation to the User Content and has full authority to grant the Licence to the Service Provider.

The User hereby consents to the Service Provider accessing, collecting and using, and authorises the Service Provider, to access, collect and use, subject to Clause 14, any and all information relating to the User with any relevant organisation, and all User Content, in order to provide the Website and the Services to the User. If the User is not a Retailer, the User also hereby consents for the Service Provider to disclose User Content to a Retailer who may use such User Content for the limited purpose of providing services to such User in accordance with the Act or its licence. To the extent applicable or required, the User hereby warrants and confirms that it has done and will do all things necessary to authorise the access to, collection of and/or use by the Service Provider of (a) any and all information relating to the User with such relevant organisation and (b) all User Content.
 

All Intellectual Property Rights in the Content, Website and/or Services shall be absolutely owned by the Service Provider for the full duration of all such rights and all throughout the world. No licence or right is granted and the User's access to and/or use of this Website, the Content and/or the Services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property Rights in the Website, Content and/or Services without the prior written consent of the Service Provider or its licensors.

Any and all Intellectual Property Rights in and to the User Content shall vest in the Service Provider. The User hereby assigns all Intellectual Property Rights in and to the User Content to the Service Provider. The User warrants and represents that any transmissions or communications made by the User via the Website and the User Content do not infringe the Intellectual Property Rights or any other rights of any third party.
 

When the User accesses and/or uses the Website or any of the Services or sends e-mails to the Service Provider's email address made available through the Website, the User is communicating with the Service Provider electronically. The User consents to receive communications from the Service Provider electronically. The Service Provider will communicate with the User by e-mail sent to the last updated address made known to the Service Provider or by posting notices on the Website. Where the communication is given by the Service Provider to the User electronically, it will be deemed to have been received upon delivery (and a delivery report received by the Service Provider will be conclusive evidence of delivery even if the communication is not opened by the User); and where the communication is given to the Service Provider electronically, it will be deemed to have been received upon being opened by the Service Provider. The User agrees that all agreements, notices, disclosures and other communications that the Service Provider provides to the User electronically will satisfy any and all legal requirements that such communications be in writing.
 

The User agrees that these Terms & Conditions of Use in electronic form constitute a written document and therefore the User undertakes not to dispute or challenge the validity or enforceability of these Terms & Conditions of Use on the grounds that it is not a written document and the User hereby waives any such right that the User may have at law.
 

The Website may provide links to websites or services of the Service Provider, the Service Provider's Affiliates and certain other businesses and/or third parties. The Service Provider and its Affiliates are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites or services. The Service Provider does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. The User should carefully review their privacy statements and other conditions of use.
 

In addition to these Terms & Conditions of Use, the access and/or use of specific aspects of the Website, Services and/or the Content may be subject to additional terms and conditions that the Service Provider may prescribe.

Access and/or use of additional services of the Service Provider's Affiliates or other third parties may be provided through the Website and/or Services under separate agreements with the Service Provider's Affiliates or such other third parties where necessary. Such agreements shall strictly be between the User and such Service Provider's Affiliates or other third parties. Under no circumstances shall it be construed that, in the case of the User's access to and use of the additional services of the Service Provider's Affiliates or any third party, the Service Provider is a party to any transaction, if any, between the User and such Affiliate or third party, or that the Service Provider endorses, sponsors, certifies or is involved in the provision of such additional services through the Website and/or Services.
 

Certain links on the Website, Content and/or Services may lead to websites or social media channels or apps not operated by or under the control of the Service Provider or its Affiliates. The User shall access such websites, social media channels or apps at their own risk and the Service Provider accepts no responsibility or liability for any damage caused or alleged to be caused by or in connection with the use of the material or functions contained on those websites, social media channels or app. Some parts of the Website, Content and/or Services may contain information, advertising and/or other materials submitted or provided by third parties (including Energy Market Authority). The Service Provider shall not be responsible for any error, omission or inaccuracy in any such information, advertising or such other materials. Any links to other websites, social media channels, apps or any advertising and/or materials submitted by third parties shall not be considered to be referrals or endorsements of such websites, social media channels, apps, advertising and/or materials and the links are provided purely for convenience or for informational purposes. The User agrees that the access to and/or use of such linked websites, social media channels, apps or advertising and/or materials submitted by third parties is entirely at the User's own risk.

The Website, Services and the Content are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, the Service Provider makes no and expressly disclaims all representations or warranties of any kind, express or implied or statutory, including without limitation to warranties of accuracy, adequacy, completeness, timeliness, merchantability, currency, reliability, satisfactory quality, fitness for a general or particular purpose, title, non-infringement of third party rights and authenticity of any material or claim, continued available or compatibility with any other equipment or other software, and to any implied warranty arising from the course of dealing or usage or trade.

The Content is only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. No oral advice or written information given through the Website and/or the Services or by the Service Provider or its officers, directors, employees, agents, third party service providers or third party content providers shall create a warranty nor shall the User rely on any such information or advice.

The Service Provider does not warrant that the Website, Content and/or the Services provided will meet all or any of the User's requirements. In particular, the Service Provider does not warrant that the Website, Content and/or the Services will always be available, accessible, complete, uninterrupted, timely, secure or error free. Further, the Service Provider makes no warranty that the Website, Content and/or Services are free from Malware or defects which may affect the Website, Content and/or Services generally.

The Service Provider reserves the right not to permit the User to access and/or use the Website, Services and/or Content should the Website be incompatible with the User's device (as applicable).

To the fullest extent permitted by law, the Service Provider shall not, in any event, be liable to the User or any other party for any damages, losses, expenses, penalties or costs whatsoever (including without limitation, any direct, indirect, special, incidental or consequential damages, loss of profits or loss opportunity) arising in connection with the User's use of the Website, Content and/or Services, or the User's reliance on any Content and/or Services, regardless of the form of action and even if the Service Provider had been advised as to the possibility of such damages.
 

The User hereby agree to defend, indemnify and hold harmless the Service Provider and its Affiliates, officers, directors, employees, agents, third party service providers, third party content providers and licensors ("Service Provider Indemnitees") from and against all damages, claims, expenses, penalties and costs (including indemnification of legal costs on a full indemnity basis arising out of the User's use of the Website, Content and/or the Services) suffered or incurred by the Service Provider Indemnitees in connection with or arising from (1) the User's access and/or use, or the User's purported access and/or use of the Website, Content and/or Services; (2) the User's breach or purported breach of any of these Terms & Conditions of Use; (3) the enforcement of the Service Provider's rights under these Terms & Conditions of Use or in acting upon any instructions which the User may give in relation to the Website, Content and/or Services; or (4) any negligence, fraud and/or misconduct on the User's part.
 

The Customer may terminate these Terms & Conditions of Use and its E-account by giving 30 days' written notice to the Service Provider.

For the avoidance of doubt, the User may not evade any legal proceedings or investigations by cancelling the User's E-Account with the Service Provider or if the E-Account is terminated by the Service Provider. The User will remain liable for all obligations related to the User's E-Account even after the E-Account is cancelled or terminated.

Failure to comply with these Terms & Conditions of Use constitutes a material breach and may result in the Service Provider taking all or any of the following actions:

1. immediate, temporary or permanent withdrawal of the User's right to use the Website, Content or Services;
2. immediate, temporary or permanent removal of any material uploaded by the User to the Website;
3. issuance of a warning to the User;
4. legal proceedings against the User for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5. further legal action against the User; and/or
6. disclosure of such information to law enforcement authorities as the Service Provider reasonably feel is necessary.

The Service Provider will determine, in its reasonable discretion, whether there has been a breach of these Terms & Conditions of Use through the User's use of the Website and/or the Services. When a breach of these Terms & Conditions of Use has occurred, the Service Provider may take such action as it deems appropriate.

The Service Provider has the right to disable the access of any User at any time, if in its reasonable opinion, the User has failed to comply with any of the provisions of these Terms & Conditions of Use. The Service Provider will notify the User of any suspension or restriction of the User's E-Account and of the reasons for such suspension or restriction as soon as the Service Provider can, unless notifying the User would be unlawful or would compromise the Service Provider's reasonable security interests.

The Service Provider excludes liability for actions taken in response to breaches of these Terms & Conditions of Use. The responses described in these Terms & Conditions of User are not limited, and the Service Provider may take any other action that it reasonably deems appropriate.
 

Please review our other policies, such as the SP Group Personal Data Protection Policy (https://www.spgroup.com.sg/personal-data-protection-policy) which may be updated and/or amended from time to time, which shall be deemed to be incorporated into these Terms & Conditions of Use. By using the Website and/or the Services, the User agrees that all Personal Data of the User may be collected, used and disclosed by the Service Provider, its Affiliates and partners in accordance with SP Group Personal Data Protection Policy, as may be updated and/or amended from time to time.

In addition to and without prejudice to any other consent which the User provides to the Service Provider from time to time (for example through the SP Group Personal Data Protection Policy), the User hereby authorises and consents to the Service Provider, its Affiliates and partners to collect, use and disclose the Personal Data of the User for the following purposes:

1. To provide the User with access to and use of the Website and/or Services;
2. To process other matters in connection with the Website and/or Services;
3. To communicate with the User;
4. To update the Service Provider's records and to maintain the User's E-Account;
5. To verify the identity and authority of the User;
6. In relation to a User who is not a Retailer, to provide to a Retailer who may use such User Content for the limited purpose of providing services to such User in accordance with the Act or its licence.;
7. To carry out analytics, research, planning and statistical assessment.

The Service Provider reserves the right to make such changes to these Terms & Conditions of Use as the Service Provider may in its discretion deem fit from time to time. The Service Provider will notify the User of such amendments by posting the changes on the Website or such other method of notification as may be designated by the Service Provider (such as via email or other forms of electronic communications), which the User agrees shall be sufficient notice for the purpose of this paragraph. If the User does not agree to be bound by the changes to these Terms & Conditions of Use, the User shall immediately cease all access and/or use of the Website and Services. The User further agrees that if he/she continues to use and/or access the Website, Content and/or Services after being notified of such changes to these Terms & Conditions of Use, such use and/or access shall constitute an affirmative: (i) acknowledgement by the User of these Terms & Conditions of Use and its changes; and (ii) agreement by the User to abide and be bound by these Terms & Conditions of Use and its changes.

Where any of part these Terms & Conditions of Use is deemed to be invalid, void, illegal or unenforceable, the legality, validity and enforceability of the remaining parts of these Terms & Conditions of Use shall not be affected or impaired thereby and shall continue in force as if such invalid, void, illegal or unenforceable part of these Terms & Conditions of Use was severed from these Terms & Conditions of Use.

The Content are subject to change (including, without limitation, modification, deletion or replacement thereof) from time to time at the sole discretion of the Service Provider and without notice the User. The Service Provider may upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, this Website, the Content and/or the Services at any time without notice and without assigning any reason therefore. The Service Provider shall not be liable if any such upgrade, modification, suspension or alteration prevents the User from accessing this Website, Content and/or the Services or any part thereof.
 

The User may not assign any of his/her rights under these Terms & Conditions of Use without the Service Provider’s prior written consent. The Service Provider may assign its rights under these Terms & Conditions of Use to any of its Affiliates or any third party.

No failure or delay to exercise the Service Provider’s rights under these Terms & Conditions of Use shall operate as a waiver thereof nor shall such failure or delay affect the right to enforce the Service Provider’s rights under these Terms & Conditions of Use.

A person or entity who is not a party to these Terms & Conditions of Use (other than the Service Provider's Affiliates) shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) or any similar legislation in any jurisdiction to enforce any term of these Terms & Conditions of Use. Without prejudice to the generality of the above, the Service Provider's right to vary, amend or rescind these Terms & Conditions of Use in accordance with these Terms & Conditions of Use may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Use.

The Service Provider agrees and acknowledges that these Terms & Conditions of Use and the Services do not include the provision of Internet access or other telecommunication services by the Service Provider. Any Internet access or telecommunications services (such as data connectivity) required to access and use the Content and/or Services shall be the User's sole responsibility and shall be separately obtained by User, at the User's own cost, from the appropriate telecommunications or internet access service provider.

Nothing herein shall be construed as a representation by the Service Provider and/or its Affiliates that the information and materials contained in or accessed through this Website is appropriate or available for use in geographic areas or jurisdictions other than Singapore. By downloading and accessing and/or using this App and/or the Services, the User agrees that such access and/or use, as well as these Terms & Conditions of Use shall be governed by, and construed in accordance with, the laws of Singapore and the User agrees to submit to the exclusive jurisdiction of the Singapore courts.