Terms of Use

By accessing and using ACFA’s Website (“this Website”), you shall be deemed to have read, understood and agreed to be legally bound by these Terms of Use. If you do not agree to these Terms of Use, please do not access and/or use this Website.

General

These Terms of Use may be amended from time to time. Please refer to Clause 12 of these Terms of Use for more information. Your continued use of this Website after such amendments are effective shall constitute your agreement to be bound by the revised Terms of Use.

Privacy Policy

You accept the inherent security risks of providing information and dealing over the internet. Hence, please do not share any of your personal data with this Website unless your personal data is required when you wish to be registered as a user and/or in order for us to provide our services to you, you agree that we are not liable for any breach of security or for any losses incurred as a result of such disclosure. For more information on personal data protection, please refer to our Privacy Policy.

Intellectual Property Rights and Proprietary Rights

This Website is owned and maintained by the Asian Clean Fuels Association (ACFA).

All information, data, written text, graphics, images, photos, drawings, contents, materials and software of whatever nature and form found or located on this Website (“Website Contents”) are owned by ACFA and/or third party licensors and protected by copyright, trademark, design, patent and other forms of intellectual property rights and proprietary rights under applicable law.

All rights, title and interest in the Website Contents are owned by, licensed by third parties to and/or controlled by ACFA and shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any form or manner without the prior written consent of ACFA.

Any unauthorised amendment, copying and/or use of the Website Contents shall be deemed to be an infringement of ACFA's copyright, other intellectual property rights and proprietary rights for which ACFA shall be entitled to commence appropriate legal action and have recourse to remedies available at law and/or in equity.

User obligations

You are solely responsible for your own actions while accessing or using this Website, and for any consequences thereof.

You agree to use this Website only for legal and proper purposes in accordance with these Terms of Use and any applicable laws or regulations, including without limitation, you may not on your own or allow any third party to send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content; distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any items of a destructive or deceptive nature; impersonate another person; upload, post, transmit or make available through this Website, any content that infringes the legal or intellectual property or proprietary rights of any party; engage in, promote, or encourage illegal activity (including, without limitation, money laundering); interfere with other users' use of this Website; use this Website for any unauthorised commercial purpose; modify, adapt, translate, or reverse engineer any portion of this Website; remove any copyright, trademark or other proprietary rights notices contained in this Website; use any technology to collect information about this Website for any unauthorised purpose; access or use this Website for the purpose of creating a competitive product or service.

If you engage in any of the activities prohibited above, we will not hesitate to commence legal action to protect our rights and have recourse to our rights and remedies at law or in equity.

Disclaimer of Warranties

The Website Contents are provided on an "as is" basis without warranties of any kind. To the fullest extent permitted by applicable law, ACFA does not in any way, warrant and hereby disclaims any warranty of any kind as to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of the Website Contents, that the Website Contents will always remain available through this Website or access to the Website Contents will be uninterrupted or error-free, or any defects will be corrected or that this Website and its server are and will be free of all viruses and/or other harmful elements at all times.

Without limitation to the foregoing, we, our affiliates, and licensors do not represent or warrant that your access to or use of this Website will meet your requirements or that such access or use will be uninterrupted, timely, secure or error free; that usage data provided through this Website will be accurate; that this Website or any content, services, or features made available through it are free of viruses and the like or that any data that you disclose when using this Website will be secure.

Exclusion of Liability

To the maximum extent permitted by applicable laws, save for personal injury or death directly caused by ACFA’s negligence which cannot be excluded by applicable law, you agree that we will not be liable to you or to any third party for any direct, indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused, including, without limitation, any loss of data, profits, revenue or business (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, as a result of use of this Website, including without limitation to any loss or damage suffered as a result of reliance on the contents of the Website Contents found in or available from this Website and such contents include without limitation to third party content in the form of articles authored by third parties and/or press releases even if we have been advised of the possibility of such damages.

Indemnity

You shall indemnify and hold ACFA, its officers, employees, agents and business partners harmless at all times against all actions, proceedings, costs, claims, expenses (including legal costs on a fully indemnity basis), losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise) whatsoever which ACFA, its officers, employees, agents and business partners may suffer arising out of your breach of your obligation at Clause 4.2 of these Terms of Use.

Right of Access

This Website contains hyperlinks to websites which are not owned or maintained by ACFA. ACFA is not responsible for the contents of those websites and shall not be liable for any loss or damage arising from your access to those websites. Use of the hyperlinks and access to such websites are therefore entirely at your own risk.

Links from this Website to other websites

ACFA reserves all rights to deny or restrict access to this Website to any particular person, or to block access from a particular Internet address to this Website, at any time, without providing any reasons.

Hyperlinks to other websites are provided to you purely for convenience. In no circumstances shall ACFA be considered to be associated and/or affiliated with the owners or operators of these other websites or any trade or service marks, logos, insignia or other devices used or appearing on websites to which this Website is linked.

Links to this Website from other External Websites

Except as provided herein, caching and links to, and the framing of this Website or any of the Website Contents are prohibited.

You must obtain consent from ACFA prior to hyperlinking to, or framing, this Website or any of the Website Contents, or engaging in similar activities. ACFA reserves the right to impose conditions when permitting any hyperlinking to, or framing of this Website or any of the Website Contents.

Your linking to, or framing any part of this Website or the Website Contents constitute acceptance of these Terms of Use. This is deemed to be the case even after posting of the amended Terms of Use. If you do not accept these Terms of Use, you must discontinue linking to, or framing of this Website or any of the Website Contents.

In no circumstances shall ACFA be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on websites that link to this Website or any of the Website Contents.

ACFA reserves all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.

ACFA reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other site reached by links to or from this Website or any of the contents.

Entire Agreement

These Terms of Use constitutes the entire agreement between us and supersedes and cancels in all respects all previous agreements between us with respect to the subject matter hereof.

Amendment

These Terms of Use are subject to change, please check them periodically. Any changes to these Terms of Use will be effective on the date that they have been updated on this Website. Your continued access to or use after such update will constitute your binding acceptance of the revised Terms of Use. If you do not agree to any revised Terms of Use, please do not access or use this Website.

Force Majeure

ACFA shall not be liable for any delay or failure to perform its obligations pursuant to these Terms of Use as a result of any cause beyond its reasonable control; including but not limited to acts of God, acts of governments, acts of terrorism, hostilities between nations, war, strikes, boycotts, lockouts, industrial and labour dispute, infectious diseases and epidemics.

Assignment

You may not assign nor transfer your obligations under these Terms of Use without the prior written consent of ACFA. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of either party.

Feedback

All comments, bug reports, ideas or other feedback about this Website, including improvement of this Website (“Feedback”) are welcomed. By submitting any Feedback, you agree that we are free to use such Feedback in any way we elect without compensation to you and you hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license to incorporate and use the Feedback for any purpose.

Waiver of Breach

The waiver by either party of a breach or default of any of the provisions of these Terms of Use shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power privileges that it has or may have hereunder operate as a waiver of any breach or default by the other party.

Contracts (Rights of Third Parties) Act 2001

A person who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons.

Governing Law and Dispute Resolution

These Terms of Use shall be governed and construed in accordance with laws of the Republic of Singapore.

All disputes, controversies, or differences arising out of or in connection with these Terms of Use including any question regarding its existence, validity or termination (“Dispute”) shall first be submitted to the Singapore Mediation Centre for resolution. The Dispute shall be referred within thirty (30) days from the time they arose, in accordance with the Mediation Procedure for the time being in force, unless any of the parties serve a written notice on all the other parties and the Singapore Mediation Centre stating that it does not agree to submit the matter to mediation. The parties agree to participate in mediation in good faith and undertake to abide by the terms of any settlement reached.

In the event that the Dispute remains unresolved, thirty (30) days after it has been referred to mediation, then it shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force which rules are deemed incorporated by reference to this Clause. The Tribunal shall consist of one arbitrator to be appointed by the Chairman of the SIAC. The language of the arbitration shall be English.