From time to time, we may collect and use information from you including but not limited to the following situations:
Our Services offer features which allow users to connect and communicate with others, and to share information with each other in order to complete a transaction. We generally do not monitor the information which you share. You are responsible for the information you choose to share with other users.
We may use and disclose the Personal Information collected from you including but not limited to the following purposes (collectively “Permitted Purposes”):
We may share Personal Information about you including but not limited to the following ways:
We respect your privacy and we will not sell your personal information to any third party.
The security of your information is important to us. We have reasonable security measures in place to protect against the loss, misuse and alteration of information under our control. We also follow generally accepted industry standards to protect the information transmitted to us over the Internet, both during transmission and once we receive it. Sensitive information are encrypted using secure socket layer technology (SSL). However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security. It is important that you protect against unauthorised access of your Account and Personal Information by choosing your password carefully, and keeping your password and Account secure (e.g. by signing out after using our Services).
You may access and update your Personal Information within our Services through the “Dashboard” page of your Account. Where you provide Personal Information about yourself to us, you are responsible for providing accurate, not misleading, complete and up-to-date information about yourself and any other person whose personal information you provide to us. You shall update us in a timely manner any Personal Information you provided to us accordingly when there are any changes You may withdraw your consent given for any or all purposes set out in this Privacy Notice in writing by writing to our Personal Data Protection officer at firstname.lastname@example.org.
We may use tracking technologies on our Services. These enable us to understand how you use our Services which, in turn, helps us to provide and improve our Services. However, the tracking technologies do not access, receive or collect information which can be used to identify you. We have listed below some examples of the tracking technologies used on our Services:
By accessing and using our website, you consent to the storage of cookies, web beacons, any similar storage technologies and information on your devices. You also consent to the access of such cookies, web beacons, any other similar storage technologies and information on your devices by us.
The Power Bersama Platform is an online marketplace that enables registered electricity retailers (“Electricity Retailers”) to make offer(s) to sell electricity on the Power Bersama Platform and to communicate and transact directly with Consumers that are seeking to procure electricity (““Consumers”) for their premise(s). Both Electricity Retailers and Consumers are referred to collectively as (“Members”) in these Terms. The terms of the electricity retail agreement shall be negotiated directly between Electricity Retailers and Consumers. Electricity Retailers may offer various electricity products, tips for electricity savings, and a variety of other power related services (“Retailer Services”).1.2
As the provider of the Power Bersama Platform, Power Bersama does not generate, provide, control, manage, offer, sell or supply electricity. The Electricity Retailers are solely and wholly responsible for their offer(s) and service(s) to Consumers. When Electricity Retailer and Consumer make or accept an offer, both parties are entering into a contract directly with each other. Power Bersama is not and does not become a party to or participant in any contractual relationship between the Electricity Retailer(s) and Consumer(s), nor is Power Bersama to be regarded as an electricity broker or insurer. Power Bersama is not acting as an agent in any capacity for any Member.1.3
Power Bersama has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Retailer Services, (ii) the truth or accuracy of any descriptions, Ratings, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Power Bersama does not endorse any Member and/or Retailer Services. Any references to a Member being "verified" (or similar language) only indicates that the Member has completed the relevant verification and/or identification process and nothing else. Any such description of a Member on the Power Bersama Platform is not an endorsement, certification or guarantee by Power Bersama about any Member, including of the Members’ identity or background or whether the Member is trustworthy, safe or suitable. Electricity Retailer(s) should always exercise due diligence and care when deciding whether to offer Retailer Service(s), or communicate and interact with Consumer(s), whether online including on Power Bersama’s messenger or in person.1.4
The Power Bersama Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subjected to different terms and conditions and privacy practices. Power Bersama is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such ThirdParty Services are not an endorsement by Power Bersama of such Third-Party Services.1.5
Due to the nature of the Internet, Power Bersama cannot guarantee the continuous and uninterrupted availability and accessibility of the Power Bersama Platform. Power Bersama may restrict the availability of the Power Bersama Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Power Bersama Platform. Power Bersama may improve, enhance and modify the Power Bersama Platform and introduce new Power Bersama Services from time to time.
By accessing or using the Power Bersama Platform you represent and warrant that you have the legal capacity and authority to enter into a contract. You shall indemnify Power Bersama and keep Power Bersama fully indemnified at all time against all liabilities, costs, expenses, damages and losses incurred arising from your representation, warranty or action.2.2
You will comply with all and any applicable laws in Singapore including, but not limited to, the Singapore Electricity Act (Cap. 89A).2.3
Power Bersama does not assume any responsibility for the accuracy and/or confirmation of any Member’s identity as provided and/or indicated by the respective Member(s). Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of identification or any other information or undertake additional checks designed to help verify the identities or backgrounds of Members, and (ii) screen Members against third party databases or other sources and request reports from service providers.2.4
The access to or use of certain areas and features of the Power Bersama Platform may be subjected to separate policies, standards or guidelines, or we may require that you accept additional terms and conditions, as the case may be. If there is a conflict between these Terms and the terms and conditions applicable to a specific area or feature of the Power Bersama Platform, the latter terms and conditions will prevail and take precedence in respect to your access to or use of that area or feature, unless specified otherwise.2.5
If you access or download the Application from the Apple App Store or Google Play Store, you are deemed have agreed to the Apple’s Licensed Application End User License Agreement and/or Google Play’s Terms of Service, whichever is applicable.
Power Bersama reserves the right to modify these Terms at any time in accordance with this provision. Any changes and/or modification to these Terms, will be posted on the Power Bersama Platform and/or sent to the Master Account Managers, with such changes and/or modifications taking effect on the date they are posted or notified as aforesaid. Your continued access to or use of the Power Bersama Platform will constitute acceptance of the revised Terms.
Consumer may create and register an account (“Power Bersama Account”) to access and use certain features of the Power Bersama Platform, such as posting an Electricity Request, or accepting any offers from Electricity Retailers. If you are registering a Power Bersama Account for and on behalf of a company or any legal entity, you are deemed to represent and warrant to Power Bersama that you have the authority to legally bind the entity represented by you in connection with the Terms.4.2
You can register a Power Bersama Account using an email address and creating a password.4.3
You must provide accurate, current and complete information(s) during the registration process and keep your Power Bersama Account and public Power Bersama Account profile page information up-to-date at all times.4.4
You may not register more than one (1) Power Bersama Account unless Power Bersama authorizes you to do so. You may not assign or otherwise transfer your Power Bersama Account to another party without prior written consent of Power Bersama.4.5
You are responsible for maintaining the confidentiality and security of your Power Bersama Account credentials and may not disclose your credentials to any third party. You must immediately notify Power Bersama in writing if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Power Bersama Account. You are at all times, responsible and/or liable for any and all activities conducted through your Power Bersama Account.
Power Bersama may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Power Bersama Platform (“Member Content”); and (ii) access and view Member Content and any content that Power Bersama itself makes available on or through the Power Bersama Platform, including proprietary Power Bersama content and any content licensed or authorized for use by or through Power Bersama from a third party (“Power Bersama Content” and together with Member Content, “Collective Content”).5.2
The Power Bersama Platform, Power Bersama Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Singapore. You acknowledge and agree that the Power Bersama Platform and Power Bersama Content, including all associated intellectual property rights, are the exclusive property of Power Bersama and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Power Bersama Platform, Power Bersama Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Power Bersama used on or in connection with the Power Bersama Platform and Power Bersama Content are trademarks or registered trademarks of Power Bersama in Singapore and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Power Bersama Platform, Power Bersama Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.5.3
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Power Bersama Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Power Bersama or its licensors, except for the licenses and rights expressly granted in these Terms.5.4
Subject to your compliance with these Terms, Power Bersama grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Power Bersama Platform and accessible to you, solely for the purposes of these Terms.5.5
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Power Bersama Platform, you grant to Power Bersama a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Power Bersama Platform, in any media or platform. Unless you provide specific consent, Power Bersama does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.5.6
You are solely responsible for all Member Content that you make available on or through the Power Bersama Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Power Bersama Platform or you have all rights, licenses, consents and releases that are necessary to grant to Power Bersama the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Power Bersama's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright,trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.5.7
You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any Power Bersama policy. Power Bersama may, without prior notice, remove or disable access to any Member Content that Power Bersama finds to be in violation of these Terms or otherwise may be harmful or objectionable to Power Bersama, its Members, third parties, or property.5.8
Power Bersama respects copyright law and expects its Members to do the same. If you believe that any content on the Power Bersama Platform infringes copyright you may own, please notify us in writing, after which Power Bersama will conduct an investigation and/or inquiry to verify the same.
Power Bersama does not impose any Service Fees on Consumers
Electricity Retailers may offer different price plans to sell electricity to Consumers as follows: -7.1
Fixed Price means fixed energy charge throughout the contract period. All other charges such as Transmission Charges, Energy Market Company (EMC) Charges, and Market Support Services (MSS) Charges may apply.
Discount off Tariff
Discount off Tariff means fixed percentage discount off the regulated tariff published by SP Services for the contract period. All other charges such as Transmission Charges, EMC Charges, and MSS Charges may apply.
Power Bersama will continue to work with Electricity Retailers to offer more price plans for the benefit of the Members.
Consumers may post an Electricity Request (“ER”) to request for quotes from Electricity Retailers. Consumers shall state the estimated monthly consumption and the required contract period of the electricity supply in each ER. The commencement date of the electricity retail agreement shall not be earlier than 1 month from the date the ER is posted. The Bidding Period (“BP”) of each ER shall be for a period of at least 7 days.8.1.2
After the BP is closed, Consumers are allowed 7 days ("Evaluation Period” or “EP”) to make a decision whether to accept any bid(s) made by any Electricity Retailer. At any time before the end of EP, Consumers may communicate with the Electricity Retailers via the Power Bersama Platform to clarify on the commercial details, and shall within the said 7 days choose whether to accept the quote provided by its chosen Electricity Retailer in relation to the ER.8.1.3
The chosen Electricity Retailer is required to provide the Consumer with the applicable terms and conditions including the amount of security deposit required, payment term, payment modes available and early termination charges (where applicable) as well as a copy of the draft electricity retail agreement to be signed between the parties.8.1.4
Upon acceptance of the quote by the Consumer(s), Member(s) may rate each other based on factors such as experiences and interaction on Power Bersama Platform.8.1.5
If the chosen Electricity Retailer is not the incumbent Electricity Retailer, the chosen Electricity Retailer is required to take all necessary steps or actions to transfer the Consumer’s account from the incumbent Electricity Retailer to the chosen Electricity retailer within 14 days from the acceptance of quote by the Consumer.8.2 Standing Offers
Electricity Retailers may offer their Fixed Price Standing Offers (Energy Charge only) for both high and low tensions Consumers. Electricity Retailer is required to provide consumer with the applicable terms and conditions including the amount of security deposit required, payment term, payment modes available and early termination charges (where applicable) as well as a copy of the draft electricity retail agreement to be signed between the parties.8.2.2
Electricity Retailer(s) are solely responsible for setting all the applicable rates (including but not limited to all the applicable third party charges and taxes) for their Standing Offer(s) posted on the Power Bersama Platform. Once a Consumer accepts the Standing Offer(s), Electricity Retailer shall honor its offer and supply electricity to the Consumer(s) at the offered rate.8.2.3
Consumer will at least state the estimated monthly consumption, contract period (which commencement date of the electricity retail agreement shall be at least 14 days from the acceptance of the Standing Offer by the Retailer).8.2.4
Upon acceptance of the Standing Offer by the Consumer(s), Member(s) may rate each other based on factors such as experiences and interaction on Power Bersama Platform.8.2.5
If the chosen Electricity Retailer is not the incumbent Electricity Retailer, the chosen Electricity Retailer is required to take all necessary steps or action to transfer the Consumer’s account from the incumbent Electricity Retailer to the chosen Electricity Retailer within 14 days from the acceptance of quote by the Consumer.
Member(s) are not allowed to modify or cancel accepted Electricity Request or Standing Offers unless such modification or cancellation is agreed between the Member(s) and Power Bersama. In certain circumstances, Power Bersama may decide, in its sole discretion, that it is necessary to cancel an awarded Electricity Request. This may be for reasons where Power Bersama believes in good faith, while taking the legitimate interests of both parties into account, that this is necessary to avoid significant harm to Power Bersama, other Members, third parties, or for any of the reasons set out in these Terms.9.2
In addition to any remedy that Power Bersama may have against the Member(s) or any third parties, Power Bersama reserves its right (i) to impose a cancellation fee of S$50 and/or (ii) revoke and/or suspend any of the Member(s) from participating in any transaction available on Power Bersama Platform, as determined by Power Bersama in its sole discretion.
Within a certain timeframe after accepting a quote in respect of an Electricity Request or a Standing Offer, the Consumers and Electricity Retailers can submit a star rating (“Rating”) about each other. Any Ratings reflects the opinion of the individual Members and does not reflect the opinion of Power Bersama. The Ratings are not verified by Power Bersama for accuracy and Power Bersama is not responsible and/or liable for any incorrect Rating.10.2
Ratings by the Consumers and Electricity Retailers must be fair, truthful and factual and must not contain any offensive and/or defamatory language.10.3
Members are prohibited from manipulating the Ratings system in any manner, such as instructing a third party submit a positive or negative Rating about another Member.
You are solely responsible for the compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Power Bersama Platform. In connection with your use of the Power Bersama Platform, you will not and will not assist or enable others to:
You acknowledge that Power Bersama has no obligation to monitor the access to or use of the Power Bersama Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Power Bersama Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Power Bersama in good faith, and to provide Power Bersama with such information and take such actions as may be reasonably requested by Power Bersama with respect to any investigation undertaken by Power Bersama or a representative of Power Bersama regarding the use or abuse of the Power Bersama Platform.
You may terminate this Agreement at any time by sending us an email, giving a 7 days’ notice of your intention to terminate. Upon cancellation, you cease to use any features of Power Bersama Platform.12.2
Your cancellation or cessation of Power Bersama Account shall not affect an accepted Standing Offer or an accepted quote relating to an Electricity Request. Such accepted quote or Standing Offer shall remain valid and binding.12.3
Without limiting any of Power Bersama’s rights contained in this Terms of Service, Power Bersama may suspend or terminate your Power Bersama Account at any time without specifying any reason by giving thirty (30) days' notice via email to your registered email address.12.4
Power Bersama may immediately, without notice suspend or terminate your Power Bersama Account if (i) you have breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Power Bersama believes in good faith that such action is reasonably necessary to protect the personal safety or property of Power Bersama, its Members, or third parties (for example in the case of fraudulent behavior of a Member).12.5
In addition, in any of the following circumstances, viz (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, (ii) if you have breached these Terms, applicable laws, regulations, or third party rights, (iii) if you have provided inaccurate, fraudulent, outdated or incomplete information in the Power Bersama Account registration or thereafter, (iv) you and/or your Standing Offers or Retailer Services at any time fail to meet any applicable quality or eligibility criteria, (v) if you have repeatedly received poor Ratings or Power Bersama otherwise becomes aware of or has received complaints about your performance or conduct, (vi) if you have repeatedly cancelled awarded Electricity Request or failed to respond to awarded Electricity Request without a valid reason and/or (vii) Power Bersama believes in good faith that action is reasonably necessary to protect the personal safety or property of Power Bersama, its Members, or third parties, or to prevent fraud or other illegal activity. Power Bersama may take any of the following measure(s):
In case of non-material breaches and where appropriate, you will be given notice of any intended measure(s) to be taken by Power Bersama and you would be provided an opportunity to resolve the issue within the stipulated time as stated in the notice to Power Bersama's reasonable satisfaction.12.6
Should Power Bersama take any of the measure(s) described above, you will not be entitled to any compensation for any pending or awarded Electricity Request that has been cancelled pursuant to Clause 12.5 above.12.7
When your Power Bersama Account is terminated, you are not entitled to a restoration of your Power Bersama Account or any of your Member Content. If your Power Bersama Account has been suspended or this Agreement has been terminated by us, you may not register a new Power Bersama Account or access and/or use the Power Bersama Platform through another Power Bersama Account of another Member.12.8
The clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the Power Bersama Platform or Collective Content, you do so voluntarily and at your sole risk. The Power Bersama Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.13.2
Members shall satisfy themselves on the relevant laws, rules, regulations or any matters relating to Power Bersama Services and that Members shall not rely upon any statement of law or fact made by Power Bersama (in writing or verbally). Member(s) shall therefore make own inquires and seek such clarifications or professional advice they think necessary.13.3
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.13.4
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Power Bersama Platform and Collective Content, your submitting offer to any Electricity Request and/or publishing any Standing Order via the Power Bersama Platform or any other interaction you have with other Member(s) whether in person or online remains with you.14.2
Neither Power Bersama nor any other party involved in creating, producing, or delivering the Power Bersama Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Power Bersama Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Power Bersama Platform, or (iv) from your publishing, providing or use of Retailer Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Power Bersama has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.14.3
Without prejudice to the 2 foregoing sub-clauses, in no event will Power Bersama’s aggregate liability arising out of or in connection with these Terms and your use of the Power Bersama Platform including, but not limited to, the use or inability to use the Power Bersama Platform or Collective Content and in connection with any Retailer Services, or interactions with any other Members exceed $1,000.
You agree to release, defend, indemnify, and hold Power Bersama, its affiliates, subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Power Bersama Platform or any Power Bersama Services, (iii) your interaction with any Member, sale and purchase of electricity, participation in any events or other Retailer Service, including without limitation to any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, sale and purchase of electricity, participation or use, or (iv) your breach of any laws, regulations or third party rights
These Terms shall be governed by, and construed in accordance with, the laws of Singapore and the parties hereby agree to submit to the non-exclusive jurisdiction of the Singapore Courts. Unless expressly provided to the contrary, any person who is not a party to these Terms shall have no right to enforce any of the terms under the provision of these Terms.
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Power Bersama and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Power Bersama and you in relation to the access to and use of the Power Bersama Platform.18.2
No joint venture, partnership, employment, or agency relationship exists between you and Power Bersama as a result of this Agreement or your use of the Power Bersama Platform.18.3
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deemed to be invalid and will not affect the validity and enforceability of the remaining provisions.18.4
Power Bersama’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Power Bersama in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.18.5
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Power Bersama's prior written consent. Power Bersama may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.