5 Boulevard Montmartre
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
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.
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.
General terms and conditions applicable to the training services provided by EPEX SPOT SE dated 21 September 2015Déclaration 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.
11. Data Privacy
Any information collected by EPEX SPOT SE is only for the purpose of organizing the trainings. EPEX Spot SE undertakes not to communicate the information to third parties.
Pursuant to the law n° 78-17 dated 6 January 1978 as amended from time to time, the Client, the Registered Users and Individual Subscribers have, at any time, a right of access, rectification and opposition to all of personal data. The Client, the Registered Users and Individual Subscribers may exercise their rights by contacting:
EPEX SPOT SE
5 boulevard Montmartre
Tel: 01 73 03 61 06
If any term or other provision of this Contract is determined to be invalid, illegal or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions thereof shall remain in full force and effect.
13. Applicable Law – Language- Dispute settlement
The Contract shall be governed by the Law of France.
French and German translation of these GTC shall be provided on request, for information purpose.
In the event of a discrepancy between the different versions of the GTC, the English version shall prevail.
Any dispute arising out or in connection with this Contract shall be referred to the French competent courts.
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