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EPEX SPOT SE
5 Boulevard Montmartre
75002 Paris
France
Email: info@epexspot.com

Trade regristry: Paris 508 010 501
Share Capital: 6.167.858,60 Euros

Director of Publication: Mr. Jean-François Conil-Lacoste
 

Fotos: Eric Fisher, flickr.com/dalbera, Benh Lieu Song, Dominik Wolf, Antonis Lamnatos

 
Conditions of Use www.epexspot.com

The Conditions of Use of this website www.epexspot.com set forth the terms and conditions under which one may use this website and in particular the rights of use of the information, content and data provided on this website and the rights, obligations and liability of EPEX SPOT SE in this respect.
 

Liability of EPEX SPOT SE

The information, content and data provided through this website are made available for information purposes only ; they are not legally binding and do they constitute any advice. They are in no way intended as a mean of soliciting business or offering securities to any person, in any country, directly or indirectly.

The user uses the information, content and data available at its own risks and under its own responsibility. EPEX SPOT SE advises no to base any on the content of its website before having checked its correctness or completeness.

EPEX SPOT SE provides its best efforts to ensure the accuracy of the information, content and data available on its website. EPEX SPOT SE may not be held liable for any loss or damage caused by the incompleteness or incorrectness of the information, content and data available on its website.

EPEX SPOT SE may not be held liable for any loss, damages, costs or expenses arising from, amongst others, errors, omissions or alterations, in the information, content and data that is available on its website.

EPEX SPOT SE may not be held liable for loss or damage caused by the actions of third parties taken on the basis of information, content and data available on its website.

EPEX SPOT SE may not be held liable for loss or damage resulting from the temporary or permanent, full or partial unavailability of websites operated by EPEX SPOT SE. 

Use of data


EPEX SPOT SE has the exclusive control on any data (in particular market data such as prices) published on its internet website. The user of this website may not download, reproduce, license, cease or use it for commercial purposes (inter alia for indexation purposes) without the explicit prior approval of EPEX SPOT SE. The information found on this website is for the personal use of individual visitors only.



Links

The reproduction, copying, duplication, transfer or creation of hypertext links, in any manner, of all or part of the information that appears on the site also requires the prior written approval of EPEX SPOT SE.

EPEX SPOT SE reserves all rights to request the deletion or disable links or frame of any third party websites 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 right.


Website and content copyright

The design of this website and the text, images, graphics, layout, audio documents and video clips as well as databases contained herein are protected by copyright and are owned by EPEX SPOT SE, except when otherwise stated. Neither this website nor the contents made available therein (including; graphic representations, audio and video clips, html code, buttons and text) may be copied, reprinted, published, transmitted, transferred, disseminated or distributed in any manner without the prior written approval of EPEX SPOT SE. However, the preparation of a single copy for exclusive personal, non-commercial use by downloading onto an individual personal computer (including permanent or temporary saving on said PC, displaying of the contents in the offline mode and the preparation of a print-out of parts of the content) are expressly permitted. However, this shall be subject to the precondition that such activity does not involve changing the website and its content and that all references to copyrights, patents, trademarks and other property rights are contained in the copies made or that a corresponding reference is inserted. Any commercial use shall only be permitted with the express written approval of EPEX SPOT SE. 

The authors of this website comply with the copyright law regarding the graphics and texts used in all publications. They use graphics and text which they have developed themselves or graphics and texts which are not subject to a license. As soon as knowledge of an infringement of copyright is gained, such contents are removed forthwith. 

The content of this website cannot be construed as conferring a license and/or the title to a copyright, patent, trademark or any other property right from EPEX SPOT SE or a third party in any way. 

EPEX SPOT is a trademark registered by EPEX SPOT SE. The use of the registered trademarks of EPEX SPOT SE is not permitted without the prior written permission of EPEX SPOT SE.


Applicable law and validity

The use of www.epexspot.com and this Conditions of Use are governed by French law. The ineffectiveness or invalidity of individual phrases within this text shall not affect the validity of the remainder of the text.
 
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General terms and conditions applicable to the training services provided by EPEX SPOT SE dated 21 September 2015

Déclaration registered under n° 11 75 53061 75 with the Préfet of Ile de France
SIREN Number : 508 010 501
 
The sending of a dully filled-in and executed Registration Form to EPEX SPOT SE   involves the entire acceptance without reserve of these General Terms and conditions applicable to the e-learning training services provided by EPEX SPOT SE (“GTC”).

1.    Scope and Contractual documents

The purpose of these GTS is to define the terms and conditions according to which a company (the “Client”), shall subscribe e-learning modules for the member of its staff (“the Registered Users”), or Individual Subscribers, as the case may be, shall have access to the e-learning training services offered by EPEX Spot SE.

The act of placing the order in the E-learning Platform and clicking on the icon “Order” implies total commitment to these GTC.

EPEX SPOT SE shall not be bound by any variations from or additions to these GTS whether contained in any purchase order or other document submitted by the Client.

These GTC and, when applicable, the registration form dully filled in by the Client or the Individual Users (the “Registration Form”), are part of the contract (the “Contract”).


2.    Nature of the training

Pursuant to article L. 6313-1-6° of the Labor code, the training modules are aimed at acquiring, refreshing, or enhancing knowledge          (Actions d'acquisition, d'entretien ou de perfectionnement des connaissances).

The training modules covered by this Contract are e-learning modules.

3.    Access to the training

E-learning training modules are provided through an Internet interface (the “E-learning Platform”) and accessible with an individual login code given to the Registered User or the Individual Subscriber. The Client shall procure that the Registered Users will not to disclose, such login code, or make any improper use of it. The login codes are strictly individual and may not under any circumstances be transferred to any other person than the one to whom it was transmitted by EPEX SPOT SE.

4.    Entry into force – Duration – Revocation – Termination

The Contract shall be effective as of the reception by EPEX SPOT SE of the Registration Form, duly filled in and executed by the Client, or the Individual Subscriber.
Individual Subscribers may cancel their Registration within ten (10) days as from execution of the Contract, by sending EPEX SPOT SE a registered letter with acknowledgement of receipt. In such case, no payment shall be due. After that, EPEX SPOT SE will not accept any cancellation.

Upon payment (for individual subscribers – upon payment of the first installment), EPEX SPOT SE shall provide each Registered Users with a login code and password to access the E-learning Platform.

Login codes shall be valid during one year as from the reception of the Registration Form by EPEX SPOT SE, regardless of the actual time spent on the E-learning Platform.

The Contract shall be automatically renewed for one year except if one party or the other terminates it with a two (2) month prior notice.

Time actually spent by the Users in training modules is automatically given by the E-learning Platform.    

Progression on the training modules is given by the automatic system of the E-learning Platform.

5.     Price and Payment

Prices for the training modules are displayed in the training catalogue available on the EPEX SPOT website at the following address: https://www.epexspot.com/fr/elearning  

Prices are in Euro and excluding VAT.

Provisions applicable to Client

Prices are depending on the number of Registered Users.

Price shall be paid yearly.

The payment shall be due on the date mentioned in the invoice issued by EPEX SPOT SE, and shall in any event, precede the handover by EPEX SPOT SE of any login or passwords.

Registration may be cancelled in writing with a ten (10)-day prior notice. In such case, the Client shall be entitled to a voucher (excluding any refund) valid for one year as from cancellation date.

The Client may replace a Registered User with another member of its staff in written.

Provisions applicable to Individual Subscribers

Individual Subscribers shall pay the training services as follows:
- After the ten (10)-day cancellation deadline set forth above, a first installment of [          ] Euros (this amount shall not exceed 30 % of the total price).
- the outstanding balance shall be paid monthly.

In case of late payment, penalties equal to 3 (three) times the legal interest rate shall  automatically apply to the sums due by the Client pursuant to article L. 441-6 of the French Commercial Code,  without prejudice to the right to terminate the Contract and claim for compensation in case of related damage suffered by EPEX SPOT SE.
In case of breach of the Contract by the Client or the Individual Subscribers, EPEX SPOT SE may terminate the Contract by sending a registered letter. Termination shall be effective immediately on the reception of the registered letter by the breaching party. Such termination shall be without prejudice to compensation EPEX SOIT SE may claim for related damage.

6.    Traders’ training

Pursuant to EPEX SPOT Trading Agreement, A trader’s examination is required for the qualification as an Exchange Trader on EPEX Spot SE markets (the “Trader’s Examination”).

Upon completion of the Trader’s Examination, EPEX SPOT SE shall deliver a certification to the subscriber allowing him/her to trade on EPEX SPOT SE’s markets pursuant to the Trading Agreement.

Access to the Trader’s Examination will be automatically suspended by EPEX SPOT SE in case of suspension of the Exchange Member pursuant to EPEX SPOT Trading Agreement.

7.    Tests and certificates

On request of the Client or the Individual Subscriber, EPEX Spot SE shall provide a attendance certificate to the trainee upon successful completion of the training module.

Intermediate and final tests resume key points to be reminded.

In principles, the User shall have only one try to obtain the required score. Nevertheless, in case of failure on final tests, the parties will contemplate to find an appropriate solution. If no agreement is found, the training will not be certified.

8.    Obligations – Liability 

8.1     Obligations of EPEX Spot SE:

All EPEX Spot SE obligations under the Contract shall be best effort except the provision of the login code which is a result obligation.

EPEX SPOT training modules are provided without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose,

EPEX SPOT SE does not warrant that the training modules will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Client’s responsibility.

EPEX SPOT SE shall provide its best effort in order to give access to the E-learning Platform, seven days a week and 24 hours a day,.

In case of maintenance operation, EPEX SPOT SE shall provide its best efforts to limit the unavailability of the training modules on the E-learning Platform.

EPEX SPOT SE reserves the right to modify the training modules (including for updating and improvement purpose) without any compensation being due to the Client or the Individual Subscriber.

Unless in case of gross negligence or intentional misconduct, in no event shall EPEX SPOT SE be liable for any damages in excess of the amount EPEX SPOT SE paid by the Client.

8.2    Obligations of the Client:

The Client and the Individual User shall be responsible for obtaining the necessary Internet connection in order to allow users to access the E-learning Platform. 

The Client and the Individual Users shall not make any improper use of its login codes, neither transmit it to any person other than the one(s) designated in the Registration Form.

The Client shall procure that the Registered Users do not make any improper use of their login codes; neither transmit it to any person.

The Client and the Individual Subscribers shall be responsible for the management, conservation and use of their logins and passwords.

Consequently, the Client and the Individual Subscribers shall take any appropriate measure to protect them from loss or fraudulent use.  

EPEX SPOT SE shall not be held liable for any fraudulent use of the Client logins and passwords.

The Client and the Individual Subscribers further undertake to inform EPEX SOPT SE of any fraudulent use of the login or passwords, as soon as they become aware of it.

9.     Intellectual property rights

For the purpose of this clause, “Intellectual Property Rights” shall mean  all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

All Intellectual Property Rights related to the training modules shall rest with EPEX SPOT SE.

EPEX SPOT SE grants the Client and the Individual Subscribers with an individual, non-exclusive and non transferrable license to use the training modules.

Consequently, the Client and the Individual Subscribers shall not copy, broadcast, and/or cede any or all parts of the training modules.

The Client shall further procure that the Registered Users shall not copy, share, modify, transmit, distribute, or in any way, exploit the trading modules EPEX SPOT SE other than for their own individual training.

10.     Force majeure

EPEX Spot SE and the Client shall not be held responsible in case of force majeure events preventing them from complying with their respective obligations under the Contract. 

If such an event lasts during more than one (1) month, either party will be allowed to terminate the Contract by sending a registered letter.
 
The use of www.epexspot.com and this Conditions of Use are governed by French law. The ineffectiveness or invalidity of individual phrases within this text shall not affect the validity of the remainder of the text.
 
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Data privacy

EPEX SPOT SE and its affiliates (collectively, "EPEX SPOT") respect your concerns about privacy. This Privacy Notice (the “Notice”) applies to personal information we collect and/or that is processed on (i) our website, (ii) contact directories, (iii) mailing systems, (iv) Customer Center, (v) E-Learning Platform and more generally (vi) all databases and software of EPEX SPOT (collectively, the "Databases"), and (vii) through any other channels described below. EPEX SPOT is responsible for this website.

The Privacy Notice describes the types of personal information we collect on this site, in our Databases, and in other ways discussed below, how we may use that information and with whom we may share it. The Notice also describes the measures we take to protect the security of the personal information. We also tell you how you can exercise your right to (i) access, change, recover, opposition, erasure, portability and to be forgotten personal information you have provided to us, (ii) withdraw any consent you previously provided to us, (iii) tell us to refrain from communicating with you about our products or services, and (iv) answer any questions you may have about our privacy practices.

Should we collect personal data from legal entities, such entities, acting thus as data controllers, guaranty that the personal data they provide us with have been legally obtained from data subjects and transferred to us according to applicable (data privacy) laws. Related data subjects have thus consented with this transfer/processing and are aware of their rights, including but not limited to access, change, recover, opposition, erasure, portability and to be forgotten. 
 

Information we collect and how we use it

Individuals may choose to provide personal information, such as name and contact details, through this website, in our Databases and through any other channel described below. Here are the ways you may provide the information and the types of information you may submit. We also tell you how we may use the information.

  • Our Website

Registration and Login
You may be able to register/log on our website. To do so, we ask for information such as your name, your company, email address, login name and password in order to access the online information and services.

Newsletters
You may sign up on this site to receive electronic newsletters and promotional emails sms or any other telecommunication mean from EPEX SPOT, including member communication, media information and event information. To sign up, we may ask you for information such as your name, email address, postal address, telephone number, and gender and email preferences. We use this information to (i) inform you about our products and services, (ii) to tailor our services, (iii) to administer and carry out our contractual obligations in relation to any agreement you might have entered upon with EPEX SPOT (iv) to create products or collect information that meets your needs and (v) to conduct statistical analyses of the Website and services.

Webshop
When you buy products or obtain services online, we request information we need to process your purchase or provide you with the services you purchased. Depending on the payment method you use, and as permitted by applicable law, we may ask for information such as your name, mailing address, telephone number, checking information, payment method, prices, and the item(s) bought. We use this information to process your transaction.


Contact Us
If you communicate with us through the "Contact Us" link on this site, we may ask you for information such as your name, company, email address, zip code and telephone number. We use this information to respond to and communicate with you about your questions and comments.

Information Collected by Automated Means
We obtain certain information by automated generation of web server logs. The information we collect in this manner includes the IP address of the device you use to connect to the Website, information on actions taken on our site, dates and times of website visits and the pages accessed. The collection of these information aims at ensuring the security of the systems.
 
  • Contact directories
Your contact details, such as email address, telephone, post address, name, function, can be registered in our contact directories in order to ease the communication with you and perform our obligations.
 
  • Mailing systems

Your personal information, such as email address, telephone number, post address, name and function, can be included in mails exchanged within EPEX SPOT or between EPEX SPOT and you or, if necessary, with partners, subcontractors, service providers or any other third party. These information are necessary to perform the services requested by you or EPEX SPOT, or to comply with any obligation according to applicable law or contractual engagements (please refer to Information We Share).

 
  • Customer Center

Your contact details such as name, mailing address and telephone number may be provided on our Customer Center Platform, an interface used by the members to provide and update their contact details. The information you provide in this platform is used by EPEX SPOT to operate and monitor the market. This interface and any derivative thereof, including Customer Relationship Management Tools (CRM) are also used to inform and communicate with the members.

 
  • E-learning Platform
As a Customer, you can buy training courses offered by our E-Learning services and will therefore be registered as user of the E-learning Platform once you have been granted access. In order to do so, your name, name of the company and e-mail address are registered on the platform.
 
  • Our Databases

Here are some of the ways we collect personal information in our Databases and a description of how we use them.

Access to market data
As customer and according to our General Conditions Applicable to EPEX Information And API Services, you may be provided with an access to our market data. To do so, we ask for information such as your name, your company and email address in order to create your login.

Surveys
We may ask our members or customers to complete a satisfaction survey or any other survey. If you choose to do so, you may provide on an optional basis information such as your name, email address, telephone number, in addition to your comments. We use these information to contact you in order to improve our products and services, and enhance your user and customer experience.
 
  • Other Ways We Collect Personal Information

Assistance

You may contact us for information about our products, services, markets or any other information. If you do so, we may ask you for information such as your name, email address, postal address and telephone number. We use this information to respond to your request.     

Phone recordings

You may contact our Sales, Market Operation and
Market Surveillance Departments to raise a concern on the Company, the market/exchange, our activity or any other concern. Please be aware that these telephone conversations may be recorded in order to ensure the security of the Company, the market /exchange and the stakeholders, as well as to improve our activity and the quality of the services we provide you with.

Information We Share
 
We do not sell or otherwise disclose your personal information, except as described herein. We may share the personal information you provide to us with our affiliates worldwide, licensees and joint venture partners for the purposes described in this Privacy Notice. We also may share the information with our service providers who perform services on our behalf based on our instructions. They are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.
We also may disclose information about you (i) if we are required to do so by law or legal process (such as a court order), (ii) in response to a request by law enforcement authorities, or (iii) when such disclosure is deemed necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer personal information in the event of a sale or transfer of all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Notice. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.

 
Transfer of Personal Information to Other Countries
 
We may transfer your personal information to recipients in countries other than the country in which you originally provided it. These countries may not have the same data protection laws as the country in which you provided the information. In such a case, we will comply with applicable legal requirements providing adequate protection for such transfer.
 
How We Protect Personal Information
 
We maintain appropriate administrative, technical and physical safeguards to protect the personal information you provide on this website or in our Databases against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use and other unlawful forms of processing. You can check the security of your connection by looking at the URL line of your browser, when accessing a secure site, the first characters of the site address can/should change from "http" to "https."
 
Right of access, correction, limitation, opposition, recovery, portability, erasure and shelf life
 
Subject to applicable law, we provide you with access to your personal information we process and the ability to review, correct, update, recover or delete the information where it is inaccurate or not. You also have the right to ask for the limitation of the processing thereof, as well as a right of erasure and portability of said information. Therefore, you may withdraw any consent you previously provided to us or object at any time to the processing of your personal information, and we will apply your preferences going forward. Besides, you can choose not to receive member or customer communications from us by updating your details in Customer Center or contacting us as specified in the "How to Contact Us" section below. You also have the right to ask about the shelf life of your personal information, which is limited to a reasonable and proportional duration with regard to the aim of the processing. Subject to applicable law, we may limit or deny access to personal information where providing such access is unreasonably burdensome or expensive under the circumstances.

Please submit your request to the address specified in the "How to Contact Us" section below; include your name, email address and postal address in your request. Said information may be provided by e-mail as well, on an exploitable support.
 
Links to Other Sites
 
This website may contain links to other sites for your convenience and information. These sites may be operated by other companies than EPEX SPOT. Linked sites may have their own privacy policies, which we strongly suggest you review if you visit any of them. EPEX SPOT shall not be responsible for the content of these websites, any use of thereof, or their privacy practices.
 
Children's Privacy
 
This website is not directed to children under the age of thirteen and we do not knowingly collect personal information from children under the age of thirteen on the site. If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen on this site, we will delete the information from our records.
 
Updates to Our Privacy Notice
 
This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices or relevant laws. We will post a prominent notice on the site to notify you of any significant changes to our Privacy Notice and indicate at the top of the notice when it was updated.
 
How to Contact Us
 
If you have any questions or comments about this Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact us as indicated below:

EPEX SPOT SE    
(5 boulevard Montmartre
75002 Paris)

privacy@epexspot.com


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