POLICIES & TERMS

TERMS OF USE

1. By using any of the websites (each a "Site") operated by or for and on behalf of PacificLight Power Pte Ltd, PacificLight Energy Pte Ltd and any of its related corporations (collectively "PacificLight" or "we") in any way, you agree to be bound by the following Terms of Use (the "Terms of Use").

2. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. You can determine when we last changed these Terms of Use by referring to the 'LAST UPDATED' statement below. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

3. Further, there may be certain services which PacificLight offers through the use of the Site and which are only available if you request for such service. The use of these services offered or made available to you may be subject to additional terms and conditions. You will be required to indicate your acceptance of such additional terms prior to use of these services.

4(1). If any part of the Site requires you to register or open an account, you must provide us with accurate, complete and updated registration information. You may also be requested to choose a login name and a password (collectively and individually, "Identification". You are responsible for all access to the Site using your Internet connection and/or your Identification even if the access is by another person and PacificLight shall be entitled to treat any access using any of the above as access by you.

4(2). For the avoidance of doubt, you agree and undertake you shall at all times keep your Identification and any other information related to the security of your access to and use of the Site confidential and shall not share or disclose in any manner whatsoever the same to any person whatsoever.

4(3). Any instructions, messages or payments received by PacificLight through the use of the Site shall be deemed to have been given by you or the person having access and use of your Identification, and you shall be bound by and be responsible for such instructions or messages.

4(4). PacificLight is entitled to rely on and treat such instructions or messages as being genuine and having been made, submitted and effected by you and accordingly, PacificLight shall not be responsible or liable for any loss which you may suffer whether directly or indirectly as a result of the same.

5. We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).

6. Although PacificLight will adopt certain industry-accepted standards to secure the Site or any part thereof, you agree and accept that:

• such precautions do not guarantee that the use of the Site will be absolutely secure against all security breaches;
• PacificLight does not provide any guarantee or warranty or representation that use of the Site is protected from all viruses, worms, Trojan horses, and other vulnerabilities;
• PacificLight cannot and does not assume responsibility for malfunctions in public communications facilities not under its control that may affect the accuracy or timeliness of email messages you receive; and
• PacificLight will not be liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any decision made using this information.

7. You agree that you will not intentionally provide false information when accessing or using the Site. You also agree that you will not falsify, forge, or otherwise tamper with any information you receive from PacificLight via the Site.

8. When you access the Site, we may collect the following information:

• anonymous web statistics collected as you browse the Site;
• Personal Data you knowingly provide us.

9(1). Some portions of the Site may require that you provide your Personal Data. If you do provide your Personal Data, you agree and acknowledge that PacificLight may maintain, use and disclose your Personal Data in accordance with its Personal Data Protection Policy, which shall be deemed incorporated into these Terms of Use,

9(2). PacificLight’s Personal Data Policy is available at: https://pacificlight.com.sg/notices-terms/terms-of-use. If you have any questions, comments or requests for information regarding your Personal Data, please contact our Data Protection Officer at: [email protected].

10. We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.

11. The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.

12(1). We provide the Site on an “as is” basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:

• all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and
• any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.

12(2). Clause 12(1) is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

13. Your permission to use the Site is personal to you and non-transferable. You understand that you are responsible for any content that you post or transmit on or through the Site. You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to PacificLight or any of its customers or users of the Site by any means. You further agree to use the Site in a manner consistent with all applicable laws and regulations, in particular, you agree not use the Site to post, transmit, distribute, link to, or solicit content that:

• contains any advertising and promotional message;
• violates or infringes any laws, regulatory requirements or codes applicable in Singapore;
• infringes or violates any copyright, trademark or any other intellectual property, personal or proprietary rights of any person, or violates any obligation of confidence or any other proprietary right;
• contains any obscene, offensive, defamatory or otherwise actionable material;
• undermines the security or integrity of the Site, including without limitation by importing any viruses, Trojan horses, time bombs or other disabling devices intended to detrimentally interfere, damage, surreptitiously intercept or expropriate such equipment, systems or networks;
• contains any errors, whether technical or otherwise; or
• contains any material in any form that would otherwise render PacificLight liable or expose PacificLight to any proceedings whatsoever

14(1). You may not use any device, software, routine or other automatic or manual device or process to monitor or copy PacificLight our web pages or any portion of the content contained herein without the express written permission of PacificLight.

14(2). You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or to impose an unreasonable or disproportionately large load on the servers serving the Site.

14(3). You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the Site or create derivative works based on the Site. For purposes of these Terms of Use, "reverse engineering" shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Site’s underlying technology.

15. PacificLight shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any content that is available via the Site. Without limiting the foregoing, PacificLight shall have the right to remove any content that violates these Terms or is otherwise objectionable.

16(1). The Site may provide links to other websites and online resources. Such other websites and online resources may be neither maintained nor controlled by PacificLight, or may contain content posted on or via the Site by third parties.

16(2). You agree and accept that PacificLight shall not be responsible for any errors or omissions in any content in the Site, or the content, products or services of any hyperlinked website or any hyperlink contained in a hyperlinked web site, nor for the privacy and security practices employed by these other websites.

16(3). You further agree and accept that PacificLight shall not be liable for any loss or damage of any kind incurred as a result of the use of any content posted or contained in e-mails or otherwise transmitted or displayed via the Site, or arising from access to those websites.

16(4). Use of the Site and any hyperlinks and access to such hyperlinked websites are entirely at your own risk.

17(1). You agree to defend, indemnify and hold harmless PacificLight from any and all claims, liabilities, damages, losses, legal fees (on a solicitor-client basis), expenses, or costs whatsoever proceedings which may be sustained, instituted, made or alleged against, or suffered or incurred by PacificLight, including without limitation any direct or indirect, special, incidental or consequential damages, loss of profits or lost opportunity, arising (whether directly or indirectly) out of or in connection with any act or omission relating to:

• your use of this website or the services, (as may be requested by you from time to time) or reliance on any information, materials or online services provided at or through the Site;
• the placement or transmission of any message, information, software or other materials or content on or through the Site by you or users of your user account or other identification, related to any violation of these terms and conditions by you or users of your account; or

17(2). If you are dissatisfied with any portion of the Site, or with any of these Terms, of Use, your sole and exclusive remedy is to discontinue using the Site.

18(1). Your access to or use of the Site, as well as these Terms of Use shall be governed by, and construed in accordance with the laws of the Republic of Singapore and you agree to submit to the exclusive jurisdiction of the Singapore courts.

18(2). PacificLight's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

18(3). If any part of these Terms of Use is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.

18(4). These Terms of Use are for the benefit of PacificLight and its directors, officers, employees, suppliers, licensors, agents, and any third party content providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

19. If you have any queries or concerns over access or the content available on the Site, please contact us at: [email protected]. We will endeavour to investigate all matters brought to our attention.

LAST UPDATED: March 2018