End-user License Agreement (EULA)

This End-user license agreement defines the rules and technical conditions for the provision by the GGP of Services available within the BASIC Package and/or the ADVANCE Packageand the rules of using the Platform.

 

1.      Definitions

The terms used in this EULA mean:

GGP (Gulf Gas and Power):

GGP B.V. with its registered office in ‘s Hertogenbosch

End-user:

a natural person, a legal person or an organizational unit without legal personality, who uses the Services available within the BASIC Package and/or the ADVANCE Package made available through the Platform

Services:

content available within the BASIC Package or within the ADVANCE Packageon the Platform.

End-user Desktop:

Basic Client Desktop or Advance Client Desktop received by the End-user for the Basic or Advance Package respectively.

Platform:

an Internet based (www.emo.xxxxxx Service) environment through which GGP provides Services to the End-user.

Registration:

GGP’s actions necessary for the End-user to gain access to the Services, consisting in the creation of an individual End-user account on the Platform, secured with a Login and a Password based on the End-users’ registration form.

Login and Password:

a sequence of letter, digital and special characters. The password in conjunction with the End-user’s Login entitles the End-user to use the End-user’s individual account on the Platform

Electricity and/or gasAgreement:

an agreement concluded between the End-user and GGP under which electricity and/or gas is sold against payment of a price and whereby the End-User has the option to buy/sell (‘click’) electricity and/or gas.

BASIC Package

a)      market news of the energy sector

b)      read-only rights on aggregated level regarding  the electricity and/or Gas as defined in the Agreement.

c)      Energy market prices as indicated on the Registration form

ADVANCE Package

Services available within the BASIC Package up to 6 persons indicated in the Registration Form and

d)      Possibility to buy/sell (‘click’) electricity and/or gas as defined in the Agreement

e)      previews of reports and charts showing the current contractual position of the End-user.

 

2.      Types and scope of Services

2.1.        GGP provides Services within the BASIC Package on request and against payment of an annual feeas agreed at the time of Registration.

2.2.        GGP provides Services within the ADVANCE Package only to End-users party to an Electricity and/or Gas Agreement with GGP.

2.3.        After the finalization of the Registration the End-user receives a Login and Password from GGP and obtains access to the Platform.

 

3.      Appropriate use of the Platform

3.1.        From the date of Registration, GGP grants the End-user a non-exclusive, non-transferable, non-sublicensable, revocable, limited End-user license for own use only during the term as agreed on the Registration form. For the avoidance of doubt this includes that End-User is not allowed to distribute or otherwise share the data provided.

3.2.        When using the Platform, it is prohibited to use viruses, bots, worms or other computer codes, scripts or programs that may in any way endanger the functioning of the Platform or technical infrastructure or otherwise enable unauthorized use of or access to the Platform. This includes the acknowledgement of fair use.

3.3.        If GGP receives a reliable message about the End-users’ use of the Platform in a manner contrary to this EULA and/or other non-compliant use, the End-users usage rights will immediately be suspended. GGP will inform the End-user by e-mail (e-mail address provided in the Registration Form) as soon as possible in order to resolve this non-compliance. 

4.      Security and passwords

4.1.        The End-users shall ensure that the Platform is kept secure, and shall use the best available security practices and systems applicable to the use of the Platform to prevent, and take prompt and proper remedial action against amongst others unauthorized access of the Platform.

4.2.        If the End-user becomes aware of any misuse of the Platformany Data, or any security breach in connection with this EULA that could compromise the security or integrity of the Platform or otherwise adversely affect GGP, the End-user shallpromptly notify the GGP and fully co-operate with GGP to remedy the issue as soon as reasonably practicable.

4.3.        The End-user agrees to co-operate with GGPs reasonable security investigations.

 

5.      Technical requirements for the usage of the Platform

5.1.        The minimum technical requirements concerning the use of the Services are as follows:

·         Internet connection

·         Web browser (standard equivalent to Internet Explorer 8 or higher, Firefox 3.X or higher, Opera 10.x, Chrome 11.x or higher, Safari 5.x),

·         Screen resolution - min. 1024x800,

·         Javascript and Cookies scripts enabled,

·         E-mail account,

5.2.        If the End-user uses hardware or software that does not meet the technical requirements specified in clause 5.1, GGPcan’t guarantee the correct functioning of the Website including the fact that this may have a negative impact on the quality of the Services provided.

6.      Maintenance

6.1.        GGP shall, if certain maintenance on Platform results in temporary unavailability of the Services, notify the End-user of the planned unavailability at least 7 days before the planned technical interruptions, by sending information to the e-mail address provided in the Registration Form.

6.2.        GGP informs and the End-user acknowledges that the use of the Internet may involve a risk of damage, which the End-user may incur as a result of threats occurring on the Internet, in particular burglary into the End-users IT system, taking over passwords by third parties, infecting the End-user's IT system with viruses.

 

7.      Liability

7.1.        GGPnor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered via the Platform for any particular purpose. The End-user acknowledges that such information and materials may contain inaccuracies or errors and GGP expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

7.2.        The use of any information or materials on this Platform is entirely at the End-user’s own risk, for which GGP shall not be liable. It shall be the End-users’ own responsibility to ensure that any Services or information available through this Platform meet his/her specific requirements.

 

8.      Conclusion and termination of the EULA

8.1.        This EULA enters into force on the date of Registration.

8.2.        GGP shall have the right to terminate the EULA without notice and

to discontinue the Services in the following cases:

·         the End-user's breach of material provisions of the EULA,

·         termination of the Agreement,

·          the End-user’s use of the Services contrary to their intended use.

 

9.      Processing and protection of personal data

9.1.        The End-useragrees to the processing of personal data (name and e-mail address) by GGP who will process the personal data according to relevant legislation, including the GDPR.

9.2.        GGP reserves the right to make the data available to offices and bodies authorized to process data on the basis of the applicable provisions of law.

9.3.        GGP uses "cookies", i.e. small text files sent to the End-user's computer which contain information necessary for the proper functioning of the Platform, in particular the authorization process. Cookies do not process or store personal data.

9.4.        Cookies are used to simplify or cancel a given operation, including, among other things, remembering the data necessary to log in the End-user, better adjustment of the Services to the Buyer's needs. The condition for the operation of "cookies" is their acceptance by the browser and their non-removal.

9.5.        After the end of the use of the Services by  GGP, the Seller will not process the above mentioned personal data, except for those data which are: allowed to be processed on the basis of law or contract, necessary to clarify the circumstances of unauthorized use of the Services.

 

10.  Final provisions

10.1.    The End-user may submit any question, remark or complaint by e-mail to the e-mail address: operations@gulfgasandpower.nl

10.2.    Each party irrevocably agrees that the court of the Netherlands shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).