TUAS POWER SUPPLY'S STANDARD TERMS AND CONDITIONS FOR CUSTOMER PORTAL (CUSCARE)


Contents

Terms of Use CusCare


1. Scope

Any use of the CusCare provided by Tuas Power Supply Pte Ltd (“TPS”) is subject to these terms of use. Users may only enter this secured web portal after having received authorised User ID and password via electronic or written consent from TPS. New developments may necessitate changes to these terms at any time. Please read the following terms carefully before the first use. These terms of use shall be governed by, and construed in accordance with, laws of Singapore. In the event of any complaint relating to CusCare, the User shall refer the matter to TPS’s Client Relations Department and the parties shall attempt to amicably resolve the complaint.


2. Services
2.1 CusCare makes available specific information, data files, and documents for viewing and downloading.


3. Registration and Password

3.1  The User of CusCare shall provide accurate information for registration and, where such information changes over time, update such information without undue delay. The User shall ensure that the contact details provided to TPS is valid and at which the user can be contacted.

3.2  Upon registration, the User will be issued with a User ID and a password. The User ID and password allows User to view information, download files or documents.

3.3  The User shall ensure that the User ID and password are not accessible by third parties and is liable for all transactions and other activities carried out under its User ID and password. If and to the extent the User becomes aware that third parties are misusing the User ID and password, the User shall notify TPS without undue delay, in writing and, as the case may be, by email in advance.

3.4  Upon receipt of the notice under paragraph 3.3, TPS will deny access to the password-protected area under such User ID and password. Access by the User will only be possible again upon the User’s application to TPS.


4. Suspension and Termination of Access

4.1 The pages of CusCare are password protected. In the interest of safety and security of the business transactions, only registered users may access said pages. TPS reserves the right to deny registration to any user. TPS is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected pages by blocking its User data (as defined below), in particular if the user:
  1. uses false data for the purpose of registration;
  2. violates these terms of use or neglects its duty of care with regards to user data;
  3. violates any applicable laws in the access to or use of the CusCare;
  4. violates any intellectual property right or any other proprietary rights;
  5. transmits, stores or uploads hyperlinks or contents to which the user is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful;
  6. downloads any file or materials that cannot be copied or otherwise used;
  7. hacks into CusCare (in particular areas that you are not permitted to access with your User ID and password), make excessive traffic demands, deliver viruses or otherwise engage in any other behaviour that my reasonably be expected to inhibit other users from using and enjoying the CusCare or damage or destroy the reputation of TPS; or
  8. has terminated the contractual relationship with TPS.
4.2 The User may at any time cancel their access to CusCare by notifying TPS in writing and, as the case may be, by email. In such circumstance, TPS will terminate the user access.

4.3 The Customer shall notify TPS as soon as practicable when its employee having access to CusCare leaves the company and TPS shall in its discretion be able to terminate those customer accounts.

4.4 The User acknowledges that TPS may suspend, without advanced notice, the operation in full or in part at any time for repair, maintenance work, update and/or upgrade the contents or functionality of the CusCare. Due to the nature of the Internet and computer systems, TPS cannot accept any liability for the continuous availability of the CusCare.


5. Hyperlinks

5.1 The CusCare may contain hyperlinks to the web pages of third parties. The User acknowledges and agrees that TPS shall have no liability for the content of such web pages and does not make representations about or endorse such web pages or their content as its own, as TPS does not control the information on such web pages and is not responsible for the content and information given thereon. The use of such web pages shall be at the sole risk of the User.


6. Liability for Defects of Title or Quality

6.1 Insofar as any information, data files or documentation is made available at no cost, any liability for defects as to quality or title of the information, data files and documentation especially in relation to the accuracy, completeness and/or fitness for purpose is excluded. The User shall indemnify TPS for any direct or indirect losses resulting from the use of the information, data files or documentation from CusCare. All documents on Cuscare remains the property of Tuas Power Supply Pte Ltd and shall not be misused or reproduced by the User.


7. Other liability – Viruses

7.1 Although TPS makes endeavour to keep CusCare free from viruses, Trojan horses and other harmful pro-active systems, the User acknowledges and agrees that TPS cannot make any guarantee that it is virus-free. The User shall, for their own protection and in order to keep CusCare virus-free, take the necessary steps to ensure appropriate security measures and shall utilise a virus scanner before downloading any information data files or documents; and the User shall indemnify TPS for any direct or indirect losses resulting from the use of CusCare.





Terms of Use e-Invoice


1. Eligibility
1.1. CusCare (electronic invoice) e-invoice shall be made available to any Customer who has an existing active CusCare account with Tuas Power Supply Pte Ltd (TPS).

1.2. To be eligible to apply for CusCare e-invoice, the Customer must have an active CusCare account with TPS at the point of registration and the Customer must submit an active e-mail address to TPS.


2. Engagement of Cuscare e-invoice
2.1. Whilst CusCare e-invoice is in activation, the Customer may log-on to CusCare to view the present and past month’s electricity invoices online and/or to carry out services available on TPS CusCare Portal.

2.2. TPS shall notify the Customer via e-mail to the e-mail address last notified by the Customer to TPS, immediately upon presentation of the Customer's latest e-invoice on CusCare.

2.3. In the event of any non-delivery, wrong delivery or failure in delivery of notification of e-invoice presentation by TPS to the e-mail address provided by the Customer, notification shall be deemed delivered to the Customer on the date of the first transmission or transmission attempt by TPS to the last known e-mail address.

2.4. The Customer shall be responsible to log-on and view the e-invoice in a timely manner and to notify TPS if there is any delay or failure in e-invoice presentment.

2.5. The time for making payment of the invoice and for notifying TPS of any error, inaccuracy or discrepancy with respect to any amount stated in the invoice shall remain unaltered by TPS and these invoicing terms shall continue to be governed by TPS’s General Terms and Conditions of Service.


3. Charges
3.1. CusCare e-invoice is a free service offered by TPS. TPS reserves the right to make changes to the free services at any time by prior notification to the Customer.

3.2. In the case of persistent failure of delivery of e-Mail notification to the Customer, TPS has the sole discretion to de-activate CusCare Paperless invoice. Upon such de-activation, TPS shall resume sending hard copy invoices by post to the Customer's correspondence address last known to TPS. Each invoice will be charged at SGD$2.14 (7% GST included) to the Customer until the end of the contract period with TPS.

3.3. In the case of persistent failure to receive any payment despite the sending of the e-invoice to the Customer via CusCare, TPS has the sole discretion to de-activate CusCare Paperless invoice. Upon such de-activation, TPS shall resume sending hard copy invoices by post to the Customer's correspondence address last known to TPS. Each invoice will be charged at SGD$2.14 (7% GST included) to the Customer until the end of contract period with TPS.


4. Disruption to CusCare e-invoice
4.1. The Customer acknowledges that CusCare e-invoice is available on a 24 hours basis, subject to service disruption that may be caused by scheduled maintenance, electrical or network failure or other causes beyond TPS’s control. TPS shall not be liable to the Customer for any such disruption in access to CusCare e-invoice. TPS shall use its best efforts to restore CusCare e-invoice in the event of disruption caused by an external event.


5. Liability
5.1. TPS shall not be liable to the Customer for any direct or indirect damages suffered or incurred by the Customer which may arise (whether in contract, tort or otherwise) by reason of or in connection with the provision of CusCare e-invoice.

5.2. To the extent permitted by law, TPS excludes all warranties, rights and remedies (including warranties implied by statute or otherwise) that the Customer would otherwise be entitled to by law.


6. Miscellaneous
6.1. These Terms and Conditions may be amended by TPS from time to time by notice to the Customer in accordance with TPS’s General Terms and Conditions of Service. The Customer shall be bound by the Terms and Conditions so amended. In any event if the Customer continues to participate in CusCare Paperless invoice after such notice the Customer shall be deemed to have accepted the amendments.

6.2. These Terms of Use shall be subject to and construed in accordance with the laws of the Republic of Singapore and the Customer hereby agrees to submit to the exclusive jurisdiction of the courts of the Republic of Singapore.





Terms of Use Mobile Application


1. General

1.1. By installing the Application (as defined below), you agree to be bound by these terms of use (“appterms”). Please review them carefully before installation and/or acceptance.

1.2. TPS reserves the right, at its sole discretion, to modify, replace and/or change the appterms from time to time. You accept that it is your responsibility to check the appterms periodically for changes. In any event if you continue to use the Application following the posting of any changes to the appterms, you shall be deemed to have accepted those changes.


2. Definations

The “Application” shall mean the software provided by Tuas Power Supply Pte Ltd (“TPS”) to support TPS Automated Meter Readings (“AMR”) Solutions services related to TPS, TPS’ services and its partners’ services, to be used on Apple iOS devices including any upgrades from time to time and any other software or documentation which enables the use of the Application. Before you can use the Application, you need to be an existing TPS’ customer who is equipped with AMR meters (installed / managed by TPS or its appointed sub-contractors or agents) as well as a registered CusCare account with TPS.


3. Data Protection

Any personal information you provided to TPS when using the Application will be governed by TPS’ Privacy Policy.
  1. You (including your employee, representative or authorised person (collectively “Representatives”) consent to the collection, usage, disclosure, storage and processing of information about you and your Representatives (“Data”) including but not limited to your Representatives’ name, title, address, identification number, telephone number, contact details and other personal details (“Personal Data”); and
  2. TPS may, without prejudice to its rights at law, use the abovementioned Data (including Personal Data) in relation to you or the Representatives for TPS’ business. In addition, TPS may collect and use in any manner anonymous web statistics as you browse the site. For information on TPS’ personal data protection policy, please contact:-

    General Manager
    Tuas Power Supply Pte Ltd
    111 Somerset Road #13-06
    Singapore 238164

4. TPS AMR Solutions Application

The Application allows you to access certain functionalities available on TPS’ website at https://cuscare.tpsupply.com.sg. Such access will be governed by TPS’ website’s Terms of Use.


5. Conditions Of Use

5.1. You acknowledge and agree that the Application and any necessary software used in connection with the Application, contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Application is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by TPS or other proper third party rights holders, you will not allow third parties on your behalf to modify, rent, lease, loan, sell, distribute, transfer, reproduce or create derivative works based on the Application or other software in relation to the Application, in whole or in part except as specifically authorised in a separate written agreement.

5.2. The Application is currently made available to you free of charge for your personal, non-transferrable, non-exclusive and non-commercial use. TPS reserves the right to amend or withdraw the Application, or charge for the Application or service provided to you in accordance with these appterms, at any time and for any reason without prior notices.

5.3. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

5.4. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.


6. Availability

6.1. This Application is available to Apple iOS devices running iOS 6 or later and IPad. TPS will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside TPS’ control.

6.2. TPS, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.


7. System Requirements

7.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').

7.2. The Software Requirements are as follows: Apple iOS devices running iOS 6 or later. Language: English

7.3. Compatible with iPhone and iPad.

7.4. The version of the Application software may be upgraded from time to time to add support for new functions and services. You are responsible to update the version of the Application from time to time.


8. Termination

8.1. TPS may terminate use of the Application at any time.

8.2. Upon any termination, (i) the rights and licenses granted to you herein shall terminate; (ii) you must immediately cease all use of the Application.


9. Limitation Of Liability

9.1. In no event will TPS be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.

9.2. TPS is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.


10. Disclaimer Of Warranties

You expressly understand and agree that:

10.1. Your use of Application is at your sole risk. Services in respect of the Application and any other softwares are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, TPS expressively disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

10.2. TPS does not warrant that (i) the services in respect of the Application will meet your requirements, (ii) the Application will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Application will be accurate or reliable, (iv) the quality of any products, services, information, and (v) any errors in the Application will be corrected.

10.3. Any material downloaded or otherwise obtained through the use of the Application is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other devices or loss of data that results from the download of any such material.

10.4. No advice or information, whether oral or written, obtained by you from TPS in connection with the Application shall create any warranty not expressly stated in the appterms.