Terms of Use of the Website

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

+33 1 73 03 96 00 (standard cost rate)
 

Trade registry: Paris 508 010 501
Share Capital: 6.167.858,60 Euros
VAT number: FR10508010501
Director of Publication: Mr. Ralph Danielski Hosting Company: EPEX SPOT SE
Photos:

 

Terms of Use of the Website 
The Terms of Use of www.epexspot.comhttps://webshop.eex-group.com and all related FTP Servers and other websites operated by EPEX SPOT SE (the “Website”) set forth the terms and conditions under which one (the “User”) may use the Website and in particular the rights of use of the information, content and data provided on the Website and the rights, obligations and liability of both EPEX SPOT SE and the User in this respect.
 
Liability of EPEX SPOT SE

The information, content and data provided through the Website are made available for information purposes only ; they are not legally binding and do not 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 its Website.  
 

Liability of the User
The access and use of the Website requests the unconditional acceptance by the User of these Terms of Use. The User also agrees to comply with all applicable laws and regulations, including not to provide or disclose any information, content, image or message that may be considered illegal under these provisions.

The User also agrees to respect the rights of third parties including intellectual property and privacy rights.

The User agrees further not to alter the operation of the Website and computer systems, nor to usurp or deflect the identifiers, names, attributes of other Users, and generally not to achieve in any way any action likely to create confusion in the minds of Users.

The User also undertakes not to adopt a behavior likely to harm the image, interests and rights of EPEX SPOT SE or of a third party, or to carry out any action likely to damage, alter, interrupt, overload, hinder the normal operation of the Website. In case of any breach by the User of these Terms of Use, EPEX SPOT SE reserves the right to limit, suspend and stop the access of the User to the Website and to take all the technical measures to that effect.

The User is solely responsible for the use he/she makes of the services available on the Website, whether in free access without identification or from his/her account. The User is also responsible for the contents, messages, information or images that he/she provides and will therefore be held liable for any direct or indirect damage of any nature whatsoever, caused by any use of the Website or any other breach of these Terms of Use.

These Terms of Use are governed by French law. All disputes arising out of or in connection with these Terms of Use shall be submitted to the CMAP (Centre for Mediation and Arbitration of Paris, Paris Chamber of Commerce and Industry - 39, avenue Franklin D. Roosevelt, 75008 Paris) Rules of Mediation) and, in the event that no settlement is thereby reached, to the Paris Mediation and Arbitration Centre (CMAP) Rules of Arbitration, to which the Parties undertake to adhere, by three arbitrators appointed in accordance with the said Rules. The arbitration shall be conducted in English.

Nothing in the provisions above shall preclude the Parties from applying for interim or conservatory measures or any other injunctive relief in summary proceedings before the competent courts. The application of a Party to a judicial authority for such measures or for the implementation of any interim or conservatory measures ordered by the arbitration tribunal shall not be deemed as an infringement or a waiver of the arbitration agreement and shall not affect the relevant powers reserved to the arbitration tribunal. Any order or provision issued by the judicial authority must be notified without delay to the arbitrators.


Use of data
EPEX SPOT SE has the exclusive control on any data (in particular market data such as prices) published on its Website. The User 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, which may require to enter into a dedicated written agreement with EPEX SPOT SE or at least, accept the general conditions for the use of market data. The information found on the 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 Website 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 the 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 the 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 into 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 the 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 the 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 the Website and these Terms 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.