This is the application form for membership of the EMC Data Subscription Service (the "Subscription Service
By completing and submitting this application form to the Energy Market Company Pte Ltd ("EMC
") in accordance with these explanatory notes and the terms and conditions stated below, you are deemed to have agreed to such terms and conditions and be legally bound by the same if your application is successful.
Please therefore read the terms and conditions carefully and ensure that all the information details that you provide in this application form are true, accurate, complete and current.EMC DATA SUBSCRIPTION SERVICE TERMS AND CONDITIONS
The following terms and conditions, as unmodified, shall apply to the access and use of the EMC wholesale market data (the "Data
") as accessible on the Subscription Service provided by EMC at its trading website (the "Website
") or such other form as maybe applicable for the transmission or communication of the Data. These terms and conditions must be read in conjunction with any other applicable terms and conditions that govern the use of the Website as well as EMC's general terms and conditions. Please refer to EMC's general terms and conditions at http://www.emcsg.com.
EMC reserves the right to modify these terms and conditions from time to time and at any time, and your continued access to and use of the Subscription Service and the Data after such modifications have been posted on the Website shall constitute your agreement to the terms and conditions as modified. You acknowledge and agree that it is your sole responsibility to check for any such changes, and that you are deemed to have consented to such modification upon the publication of such modified terms and conditions on the Website. If you do not agree with any of these terms and conditions, please do not access or use the Subscription Service and the Data.
Data as provided by the Subscription Service shall be construed to include without limitation, all reports, summaries, text, graphs, logos, databases, designs, screen shots, and other documents that will be made available or shall be accessible at to subscribers of EMC Subscription Service.
In order to gain access to and use the Subscription Service and the Data, you must first submit an application for membership of the Subscription Service in the form set out above ("Application Form
"). You must submit your completed Application Form by facsimile transmission to fax number 6779 3030 (attention to Pricing & Information) first, followed by actual post. EMC will inform you of the result of your application. For the avoidance of doubt, a "business day" as used herein shall mean a normal business day of EMC excluding Saturdays, Sundays and gazetted public holidays.
You agree to ensure that the information details you provide are complete, true and accurate at all material times. Further, if there is any change to your information details as originally supplied, you shall notify EMC of the relevant change without delay.
Notwithstanding anything in this Agreement, EMC reserves the right to reject any Application Form without notice or assigning any reason thereto.
Subject to Clause 11 below, your membership is non-transferable and shall commence upon notification by EMC to you about EMC's acceptance of your application. Your membership shall continue indefinitely thereafter until such time when you terminate such membership by prior written notice to EMC or when the Subscription Service is no longer available, whichever occurs earlier.
Upon the expiration or earlier termination of your rights of access to and use of the Subscription Service and the Data, the token id that was issued to you shall lapse and you will not be able to access and use the Subscription Service and the Data further.
You agree to pay the amount corresponding to the subscription package selected above (the amount excluding GST) for the Subscription Service ("Subscription Fee
") by way a cheque made payable to "Energy Market Company Pte Ltd" by the 17th day of the calendar month. The payment shall be for access to and use of the Subscription Service and the Data in the following calendar month. The amount payable shall be subject to GST.
To receive the Historical Trading Package or Historical Data set, payment must be made by way of cheque made payable to "Energy Market Company Pte Ltd" or by telegraphic transfer (remittance details can be found on the invoice). The payment shall be for access to and use of the Historical Trading and Historical Data as specified.
If EMC has not received the Subscription Fee accordingly, EMC will proceed to terminate your access to and use of the Subscription Service and Data and revoke the token issued to you under clause 11 below.
3. Subscription Service and Data
All Data provided by EMC under the Subscription Service is provided in good faith. You acknowledge and agree that any Data provided by EMC is intended as general information only and is not to be construed as advice. EMC derives its Data from sources which EMC believes to be accurate and up to date as at the time of publication on the Subscription Service. EMC nonetheless, reserves the right to update the Data at any time without notice.
EMC does not make any representations and warranties that:
(i) the Data provided under the Subscription Service is reliable, accurate, complete or updated; or
(ii) your access and/or use of the Subscription Service will be uninterrupted, timely or secure.
EMC is not and shall not be liable for any loss resulting from any action or omission or reliance made by you on any Data posted by EMC. You are strongly advised to make your own inquiries and seek independent advice from the relevant industry professionals before acting or relying on any Data that is made available to you pursuant to the Subscription Service.
EMC does not owe you or any third party any obligation to establish and/or maintain any system whatsoever in order for you to gain and/or maintain access to and use of the Subscription Service and the Data. You agree that you shall be solely responsible to establish and/or maintain any such system.
You agree that your access to and use of the Subscription Service and the Data shall at all times be subject to and in accordance with the data access guidelines stipulated in Appendix A hereto.
4. Proprietary Rights
The Data provided on the Subscription Service is protected by copyright, trademarks and other forms of proprietary rights. All rights, title and interest in and to the Data are owned, licensed to or controlled by EMC. You acknowledge that you do not acquire any rights or interests, or any licenses to the Data except as expressly provided in these terms and conditions.
You may only download, store or use the Data for the purpose of your own personal use and research or for the official business of your company or firm. Save as expressly provided by these terms and conditions, you may not in any form or by any means adapt, reproduce, distribute, publicly perform, communicate to the public, publish, sell, rent, lease or license or otherwise make the Data available to any other person, or on another website, on-line service or bulletin board, or in hard copy, or on any other media without the express prior written consent of EMC or in the case of third part material, from the owner of the proprietary rights in that material.
5. Member's Use and Conduct
As a condition of use of the Subscription Service and Data, you warrant and undertake to EMC that you shall not access or use the Website, Subscription Service and Data contained therein for any purpose that is unlawful or that is prohibited by these terms and conditions. In particular, you warrant and undertake:
(i) to keep your token, User ID, password or CDROM secure, confidential and protected against unauthorised access or use;
(ii) to be solely responsible for any and all activities that occur under the access to and use of the Subscription Service and Data through your token, User ID and password or CDROM regardless of whether such access and/or use was authorised by or known to you or not;
(iii) to ensure that you only employ one (1) designated personal computer for your access to and use of the Subscription Service;
(iv) not to use the Website or Subscription Service in any way which interferes with its availability to other users nor do anything that degrades the operational performance of the Website or the Subscription Service;
(v) not to upload or distribute any files that contain viruses, corrupted files or any other similar computer program that may adversely affect the operational performance of another computer;
(vi) that your access or use of the Subscription Service and Data is not illegal or prohibited by laws or contractual obligations which apply to you personally or to persons in the country from which you are currently accessing this Subscription Service and Data;
(vii) not to use any device, software or routine or attempt to interfere with the proper functioning of the Website or Subscription Service or any transaction offered at the Website or Subscription Service;
(viii) not to post or transmit onto the website or to any other users, any unlawful, harassing, abusive, threatening, libelous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law; and
(ix) not to interfere with other users' use and enjoyment of the Subscription Service and the services therein or engage in surveys, contents, chain letters or post/transmit "junk mail", "spam" or any unsolicited mass dissemination of email.
You agree to indemnify EMC for any loss, damage or claim that EMC may incur that is the result of your breach of any of the terms and conditions herein.
7. Disclaimers and Specific Warnings
Save as expressly provided in these terms and conditions, EMC makes no representation nor warranty of any kind in respect of the Website, the Subscription Service and the Data. To the maximum extent permitted by law, any representation or warranty which would otherwise be implied in respect of the Website, the Subscription Service or the Data is hereby excluded.
You acknowledge that part or all of the Data may be provisional in nature and may be subject to revision, change or modification, whether pursuant to the Market Rules or otherwise. You therefore acknowledge that the Data (whether provisional or otherwise) is provided on an "as is" basis solely for reference and does not constitute advice or solicitation, and are not the subject of, and shall not constitute the basis of any binding representation, warranty, contractual obligation, or reliance on your part of any nature.
EMC does not warrant that the Website, the Subscription Service or the Data will be provided free of interruptions or errors or external interference of any nature, or that any identified defect will be corrected, or that the Website, the Subscription Service or the Data are free of computer viruses or other malicious, destructive or corrupting code, program or macro. You undertake to take your own precautions (at your own expense) to ensure that the processes and measures which you employ for accessing the Website, Subscription Service and Data do not expose you to the risk of computer viruses or other malicious, destructive or corrupting computer code or other forms of interference or damage to your own computer system. EMC shall in no event be responsible or liable for any damages, loss or expense, including any interference or damage to your computer system, in connection with your access or use of the Website, Subscription Service or the Data.
Save as expressly provided herein, EMC expressly disclaims any responsibility and liability (to the maximum extent permitted by law) for the accuracy, adequacy or completeness of the Website, Subscription Service and Data, and for any errors or omissions in the Data, and does not undertake to update or correct the Website, Subscription Service or Data.
EMC shall in no event be responsible or liable for any damages, loss or expense, including without limitation direct, indirect, consequential or special damage or economic loss arising from or in connection with EMC's negligence, your access or use of the Website, the Subscription Service or the Data, or your construction, interpretation or, reliance on the aforesaid, or any system, server or connection failure, error, omission, interruption, delay in transmission, interference, computer virus or other malicious, destructive or corrupting code, program or macro in relation to your use of the Website, the Subscription Service or the Data.
You hereby acknowledge and agree that all disclaimers and exclusions of liability contained in these terms and conditions represent a fair and reasonable allocation of the risks and benefits of the agreement between you and EMC, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to EMC and the availability and costs of insurance with respect to the said risks. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.
8. Information Sent or Submitted by You
You agree that all information, including any of your particulars, which are sent or submitted by you to EMC in relation to or in the course of your access or use of the Subscription Service and Data, is non-confidential and non-proprietary unless otherwise expressly indicated by you. In the event that you indicate any information to be confidential or proprietary, you hereby grant to EMC an irrevocable, worldwide, transferable, sub-licensable, royalty-free licence to use such information for its own purposes as it deems fit in its sole discretion.
You undertake not to submit any information or other materials which are or may be offensive, illegal or which may not be lawfully disseminated under the laws of Singapore or any other relevant country.
EMC will comply with the terms of the EMC Privacy Statement, which may be viewed at http://www.emcsg.com
9. Links to External Websites
The 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.
10. Links to the Website/Framing of the Website
You may not link or create any links to any part of the Website, Subscription Service and Data without our prior written consent.
You may not link to any part of the Website, Subscription Service and Data (including without limitation to www.emcsg.com
) from within a frameset definition, without our prior written consent.
11. Discontinuation of the Subscription Service, Suspension and Termination of Access
You acknowledge and agree that EMC may suspend or terminate, with immediate effect, your access to or use of the Subscription Service and Data including revoking or suspending the token issued to you for any reason, including without limitation, if EMC reasonably believes that you have breached any of your obligations under the terms and conditions hereof.
Further, you acknowledge and agree that EMC may in its sole discretion and at any time discontinue providing the Subscription Service and the Data for any reason whatsoever without any notice and /or incurring any liability to you.
There shall be no refund of any monies paid to EMC for the provision of the Subscription Service and the Data in the event of suspension or termination of access and use of the same for any reason whatsoever.
Clauses 6 and 7 will survive any termination of access to the Subscription Service and Data.
12. Violations of the Terms and Conditions
EMC reserves the right to seek all remedies available at law and in equity in respect of any violation of these terms and conditions, including the right to deny or restrict access to the Website to any particular person, or to block access from a particular Internet address to the Subscription Service and Data, at any time and at its sole and absolute discretion, without providing any reasons whatsoever.
You acknowledge and agree that your violation of these terms and conditions will irreparably harm EMC and that EMC will not have an adequate remedy at law for such breach. You agree and consent that in the event of such breach, EMC shall be entitled, without posting bond and in addition to all other rights and remedies to which EMC may be entitled, to have an order of specific performance or an injunction issued requiring any such violation to be cured and enjoining all persons involved from continuing the
violation. The existence of any claim or cause of action that EMC or any other person may have against you shall not constitute a defence or bar to the enforcement of this clause.
13. Force Majeure
No failure, delay or default in performance of any obligation of EMC shall constitute an event of default or a breach of these terms and conditions, to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of EMC otherwise chargeable with failure, delay or default; including, but not limited to: action or inaction of governmental, civil or military authority, fire, strike, lockout or other labour dispute, flood, war, riot, theft, earthquake and natural disasters. You agree to take all necessary action to minimise the consequences of any such cause.
Failure by EMC to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of EMC's rights hereunder nor in any way affect the validity of the whole or any part of these terms and conditions nor prejudice EMC's rights to take further action.
In the event that any or any part of the terms, conditions and provisions shall be determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
16. Governing Law and Jurisdiction
You agree that your access and use of the Website, the Subscription Service and the Data, and these terms and conditions, shall be governed by and construed according to Singapore law. You further agree to submit to the exclusive jurisdiction of the Singapore courts.
17. Rights of Third Parties
The Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore shall not under any circumstances apply to these terms and conditions and any person who is not a party to these terms and conditions (whether or not such person shall be named, referred to, or otherwise identified, or forms part of a class of persons so named, referred to or identified herein) shall have no right whatsoever under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce these terms and conditions or any of its provisions.
Clause and Appendix headings are inserted for convenience only and shall not affect the construction or interpretation of these terms and conditions. APPENDIX ‘A' (Applicable only to the standard subscription packages) Data Subscription Access Guidelines
Access will be given to the:
1. NEMS Trading Portal
2. NEMS API
3. The Members area of the EMC Corporate Website.
The API specification can be found on EMC's website www.emcsg.com
. Access Requirements
To access EMC's systems a userid, password and token for digital access is required to be issued. The application form for this digital access can also be found on the EMC website.
The Subscriber is restricted to the maximum number of connections as set out in the subscription package and shall be via the userid(/s), password(/s) and token(/s) issued.
On successful application EMC will issue the token via secure courier. Technical Requirements
1. A PC running IE 5 or greater with an internet connection.
2. The provided token should be used for access on this PC.
3. The external company lease line fixed IP address of the user's PC should be supplied to EMC to allow EMC to configure access to the NEMS systems, as these are protected by a firewall. For access to Historical Data Sets
4. Windows 98/XP
5. MS-Excel 2003 or later
6. CD/DVD Rom drive Usage Restrictions
1. No "hammering" of the Trading Website or API is permitted.
2. Repeated requests to the same URL should not be less than every 5 minute apart (e.g. Accessing All DPR Reports).
3. Repeated requests to different URLs for similar data should not be less than every 5 minutes apart (e.g. Access each DPR of a day for every period.