These Terms and Conditions of Use (the “Terms of Use”) apply to your access and use of the ICE web site at https://ice-coalenergy.sg and sub-sites operated by members of the ICE Group around the world as the context requires (collectively, the “Site”). The Site is the property of International Coal Energy Pte. Ltd. (ICE)  (Reg no. 202340544Z) (“ICE”) and its licensors. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY OPERATING POLICIES THAT MAY BE PUBLISHED BY ICE AND/OR MADE AVAILABLE AT THE SITE FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE AND DISCONTINUE YOUR ACCESS IMMEDIATELY.

ICE reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

1. Content

1. 1.1. All intellectual property rights in and to materials and content contained on the Site (including copyright in works and others) (collectively, “Content”) are owned, controlled or licensed by or to ICE. No part of the Site and no Content may be reproduced, republished, adapted, distributed, downloaded, uploaded, posted, broadcast, hyperlinked or transmitted in any manner or by any means to any other computer or information retrieval system without ICE’s express prior written consent.
2. 1.2. You may use information made available by ICE for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, and (3) do not modify any such information.
3. 1.3. The trade marks and logos (“Trade Marks”) used and displayed on the Site are registered and unregistered Trade Marks of the relevant mark owners of the ICE Group and other third parties. Nothing on the Site should be construed as granting any licence or right to use any Trade Mark displayed on the Site without ICE’s written permission or that of other Trade Mark owners.

2. Your use of the Site

1. 2.1. You agree:
   
   1. 2.1.1. to comply fully with all directions issued by ICE from time to time in respect of the use of the Site;
   2. 2.1.2. to comply with all applicable laws and regulations in the use of the Site;
   3. 2.1.3. not to impersonate any person or entity or to falsely state or otherwise misrepresent your association with any person or entity;
   4. 2.1.4. not to “deep-link” to any part of the Site or use other automatic program or methodology, or any similar manual process, to access, copy or monitor any portion of the Site or any Content, or to obtain or attempt to obtain any information through any means not purposely made available through the Site;
   5. 2.1.5. not to upload or distribute in any way files which you know or have reason to suspect contain viruses, corrupted files or any other similar software or files that may interfere with the operation of the Site or to do anything which would create or impose a disproportionately large load on the Site;
   6. 2.1.6. not to disassemble, decompile, reverse-engineer, attempt to derive the source code of, conduct load testing, port scans, vulnerability assessments or other security testing, communicate, republish, transmit, edit, assign, transfer, distribute, license, sub-license or create derivative works based on the whole or any part of the Site; 
   7. 2.1.7. not to use the Site and/or the Content for illegal purposes or purposes prohibited by these Terms of Use;
   8. 2.1.8. not to post, promote or transmit information through the Site which may infringe the rights of any third party, including but not limited to any third party’s copyright, trade mark, trade secret or other proprietary rights or rights of privacy; and 
   9. 2.1.9. not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any other person’s use of the Site.
2. 2.2. You are responsible for obtaining and using the necessary web browser and/or other software necessary to obtain access to the Site at your own risk and expense. We reserve the right not to support any prior version of the web browser or other software necessary for the operation of the Site. If you do not upgrade the relevant software and/or web browser as required, you may not be able to obtain access to all available features and ICE shall not be held liable as a result thereof.

3. Other terms and conditions

1. 3.1. Additional terms and conditions may apply to specific portions of the Site, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for a specific portion of the Site, the latter terms shall prevail with respect to your use of that portion of the Site.
2. 3.2. ICE may make changes to any products or services offered on the Site at any time without notice. The materials on the Site with respect to products and services may be out of date and ICE does not commit to update the materials on the Site with respect to such products and services.

4. ICE’s rights

1. 4.1. You agree and acknowledge that ICE has the right to:
   
   1. 4.1.1. monitor, edit, censor or otherwise control any activity, content, communication or material on the Site;
   2. 4.1.2. investigate any violation of these Terms of Use and take any action ICE deems appropriate; 
   3. 4.1.3. preserve any transmittal or communication by you with ICE through the Site and may also disclose such data if required to do so by law or ICE determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of ICE, its employees, users of or visitors to the Site, and the public;
   4. 4.1.4. in its absolute discretion, terminate, prevent or restrict your access to the Site or any part thereof;
   5. 4.1.5. in its absolute discretion, stop, delete or edit any Content or part thereof;
   6. 4.1.6. terminate your access to the Site or any part thereof if it receives any complaints or suspect that you may have engaged in any fraudulent, illegal, unlawful or other activities which may infringe the rights of or be actionable by any person or entity; and
   7. 4.1.7. report any activity ICE suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities.
2. 4.2. If you breach these Terms of Use, your authorisation to use the Site automatically terminates and ICE has the right to refuse any and all current or future use of or access to the Site by you.

5. Personal data

1. 5.1. ICE’s Personal Data Policy applies to use of the Site and its terms are made a part of these Terms of Use by this reference. We may collect, use and disclose personal data obtained from or provided by you through your use of the Site in accordance with our Data Protection Notice. Please see the Data Protection Notice for more information on how we may collect, use and disclose your personal data. 
2. 5.2. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others even if there is a notice that a particular transmission is encrypted.

6. Links to other sites and to the Site

1. 6.1. This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under ICE’s control and ICE is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. In addition, ICE does not make any representation or warranty in relation to any of the products and/or services provided by any third parties nor of such third parties themselves.
2. 6.2. Any links to any Linked Site are provided on an “as is where is” basis, and accessed and used at your own risk. ICE does not warrant the accuracy, reliability or integrity of the content, material and other links provided by these third party elements, and has not investigated, verified or monitored the same.
3. 6.3. Third party Web sites usually have their own terms and conditions over which ICE has no control and which will govern your rights and obligations with respect to the use of the third party sites.

7. Disclaimers

1. 7.1. ICE does not promise that the Site or any content, service or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected. The Site and the Content are delivered on an “as-is” and “as-available” basis. All information provided on the Site is subject to change or removal without notice or reason. ICE cannot ensure that the Site and Content will be free of viruses or contamination or destructive features. ICE disclaims all warranties, express or implied, including any warranties of accuracy, completeness, non-infringement, merchantability and fitness for a particular purpose. ICE disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or any ICE services. You assume total responsibility for your use of the Site and any Linked Sites.
2. 7.2. ICE reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site or any portion thereof; (2) to modify or change the Site or any portion thereof, and any applicable policies or terms; and (3) to interrupt the operation of the Site or any portion thereof, as desired to perform maintenance, error correction or other changes.

8. Limitation of liability

1. 8.1. To the maximum extent permitted under law, in no event shall ICE be liable for any damages whatsoever arising out of or in connection with the use of the Site and/or the Content, including those resulting from loss of use, data or profits, even if ICE has been advised of the possibility of such damages.
2. 8.2. If, notwithstanding the other provisions of these Terms of Use, ICE is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, ICE’s liability shall in no event exceed S$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

9. Indemnity

1. You agree to indemnify and hold ICE and its related corporations, and their respective officers, directors, shareholders, employees and agents, harmless from any demands, loss, damage, liability, claims or expenses (including attorneys’ fees on a full indemnity basis), made against ICE by any third party directly or indirectly due to or arising out of or in connection with your use of the Site including without limitation breach of any of these Terms of Use.

10. Governing law and jurisdiction

1. 10.1. By accessing the Site and the Content, you agree that Singapore law shall govern such access and you agree to submit to the non-exclusive jurisdiction of the Singapore courts. You agree that ICE’s records and any records of communications, instructions made, performed, processed or effected through the Site, whether stored in electronic or printed form, are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were in electronic form or were produced by or are the output of a computer system.
2. 10.2. Any claim under these Terms of Use must be brought within 12 months after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between ICE and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 30 days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

11. Miscellaneous

1. 11.1. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
2. 11.2. These Terms of Use constitute the entire agreement between you and ICE with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and ICE with respect to such use are hereby superseded and cancelled.
3. 11.3. ICE’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by ICE of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between ICE and you or any other party be deemed to modify any provision of these Terms of Use. Any waiver by ICE of its rights or remedies in respect of any terms under these Terms of Use or any breach of these Terms of Use on your part must be in writing and may be given subject to such terms and conditions as ICE may deem fit.
4. 11.4. The rights and remedies provided in these Terms of Use are cumulative and not exclusive of any other right or remedies (whether provided at law, in equity or otherwise).
5. 11.5. You may not assign these Terms of Use or any of its rights or obligations under these Terms of Use to any party. Save for any member of the ICE Group, a person who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act to enforce any of its terms.

12. Feedback and information

1. 12.1. If you have any feedback or enquiries relating to the Site and/or the Terms of Use, please contact us. 
2. 12.2. Any feedback you provide at the Site shall be deemed to be non-proprietary and non-confidential. ICE shall be free to use and disclose such information on an unrestricted basis.
3. 12.3. If you provide any reviews, information and comments on the Site (through our “Contact Us” page or otherwise) or to ICE (“User Material”), you hereby grant ICE a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable, transferable licence to do all acts comprised in the intellectual property rights in respect of such User Material, including without limitation the rights to use, exercise, reproduce, display, modify, communicate, adapt, perform, distribute or develop the same in all forms of media whether now known or in the future invented, for the purposes of operating the Site and for ICE’s business purposes. You represent and warrant that you own or have the necessary rights, consents and permissions to grant the foregoing rights to ICE and that your User Materials are your own original works and creations and/or in any case do not and will not infringe the intellectual property or other rights of any third party. You agree and acknowledge that: (i) ICE is not responsible for any User Material (whether provided by you or by third parties) which may be made available on the Site, and (ii) use of any such User Material is at your own risk and that ICE does not provide any warranties in relation to the same.
4. 12.4. ICE has the right at its sole and absolute discretion to remove, modify or reject any content that you submit to, post or display on the Site (including any User Material) which in ICE’s sole opinion is unlawful, violates these Terms of Use or could subject ICE or any of its related corporations, directors, employees, officers or third party service providers to liability. ICE shall have the right to take any enforcement actions as it deems appropriate at its sole discretion, including but not limited to giving a written warning to you, removing any User Material, recovering damages or other monetary compensation from you or suspending your access to the Site.

The information contained in the Site is subject to change without notice.

Copyright © International Coal Energy Pte. Ltd. (ICE). All rights reserved.
Last Updated: 14/10/2023