General terms of use

1. General

The following general terms of use (hereafter the “General Terms of Use” or “GTU”) apply to and explain the use of this website (hereafter the “Website”) as well as the use of any and all online services (hereinafter the “Services” or a “Service”) proposed by Encevo S.A., a Luxembourgish public limited liability company with registered office at 2, Domaine du Schlassgoard, 4327 Esch-sur-Alzette, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Companies Registry under number B 11.723, its subsidiary Enovos Luxembourg S.A, a Luxembourgish public limited liability company with registered office at 2, Domaine du Schlassgoard, 4327 Esch-sur-Alzette, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Companies Registry under number B 44.683 or by any other of its direct or indirect subsidiaries (hereinafter “Enovos”).

Enovos reserves the right to modify the present General Terms of Use at any time and at its sole discretion. The updated General Terms of Use will automatically apply to any new Service.

Enovos will provide access to the Website and Services to Customers on a 24/7 basis, subject to maintenance operations and limitations as mentioned in the present GTU.

By accessing the Website and/or using the Services you signify that you have read, understood and agree to be bound by these GTU and to the collection and use of your Data as set forth in the Enovos Privacy Policy , whether or not you are a registered user of our Services.

2. Definitions

2.1 “Customer” means any user using the Website and/or the Services.

2.2 “Data” means all data, including personal information and energy consumption data transmitted to Enovos in order to benefit from the Services. 

2.3 “General Terms of Sale” (“GTS”) means the general terms of sale applying to the purchase of a Service or product by a Customer.

2.4 “Party/Parties” means the Customer or Enovos individually or together.

2.5 “Software” means the computer programs and databases for the automatic processing of data which might be made available to Customers by Enovos in the framework of certain Services.

2.6 “Technical Conditions” means the technical conditions and restrictions for using the Website and/or the Services in terms of compatibility and interoperability.

3. Registration

3.1 When subscribing to certain Services through the Website, you must enter your personal information as requested (name, email address, etc.) in a correct and truthful manner in order to benefit from the relevant Services.

3.2 You must always keep your personal information updated.

3.3 If your Data appears to be incorrect or incomplete, Enovos reserves the right to suspend the Services.

3.4 You are responsible to choose your login details (login ID and password) in order to have access to the Services.

3.5 You must maintain and keep these login details strictly confidential, not disclose them to third parties, even temporarily, in any form whatsoever and use them strictly for personal use. 

3.6 You are solely responsible for the activity that occurs on your account, and must keep your account password secure. You may control your Customer profile and how you interact with Enovos by changing the settings in your profile settings. 

3.7 In case of loss or fraudulent access to any login details, you undertake to promptly inform Enovos by email or any other means of such issue.

4. Maintenance

4.1 By using the Website and/or Services, you acknowledge and accept that Enovos will perform maintenance operations of the Website and the Software and that interruption of access to the Website and unavailability of the Services due to such maintenance operations shall not be deemed to be a faulty behavior of Enovos according to these GTU or the GTS.

5. Warranties

5.1 By using the Website and/or Services, you acknowledge and accept that the Services are provided on an « as is » and « as available » basis for their use, without warranties of any kind, either express or implied.

5.2 By using the Website and/or Services, you acknowledge and accept that the use of the Services is subject to Technical Conditions. You undertake to comply with these Technical Conditions before subscribing to a Service.

5.3 By using the Website and/or Services you confirm that you have the proper hardware in order to use the Services and agree not to use any device or undertake any action that might cause any damage to Enovos.

5.4 By using the Website and/or Services you recognize the characteristics of the Internet network, and agree that Enovos shall not be liable in case of Internet Protocol system interruption due to an act of the Internet service provider or any act outside Enovos’ control.

5.5 You are responsible for taking all actions necessary to limit the damage that could result from possible corruption of files or documents which are included in the Services.

5.6 If you breach any of your obligations as described in these GTU (or in the GTS), such as using the Services for illegal purposes, Enovos may suspend the Services or terminate any contract without prior notice.

6. Responsibility

6.1 By using the Website and/or Services you guarantee at all times that you will not use the Website and/or the Service in order to :

  • (i) represent or advocate for illegal activities, as well as false or misleading information;
  • (ii) provide an illegal or unauthorized copy of works protected by copyright, patents and trademarks;
  • (iii) stimulate, induce or encourage the transmission of emails, chain letters, unsolicited mass mailing, instant messages, unwanted advertising messages or unsolicited mail;
  • (iv) promote or encourage any criminal activity or business, or provide guidance or instruction on how to promote illegal activities, invasion of privacy, dissemination or creation of computer viruses;
  • (v) solicit passwords or personal information from other users for illegal commercial purposes;
  • (vi) distribute, reproduce, publish or modify material protected by copyright, trademark or other proprietary rights of third parties in any way without their prior consent.

6.2 Enovos is not able to guarantee a continuous and permanent availability of the Website and the Services. Enovos will do its best efforts to provide the most efficient Services to its Customers, subject to maintenance periods.

6.3 As stated in Article 4, Enovos reserves the right to interrupt the Website and Services for maintenance operations. These Services’ interruptions may not result in any compensation for the Customer.

6.4 For certain Services, you may open a ticket to report technical problems. For such Services and in case of Services unavailability due to technical malfunctions caused by Enovos, and without them having been resolved at the shortest time, Enovos will do its best efforts to resolve these failures as soon as possible, provided that

  • (i) the you have described them precisely while opening a ticket,
  • (ii) you fully cooperate with Enovos and that
  • (iii) such failures were not generated by your misuse of the Services.

6.5 Enovos shall not be liable for unavailability of the Website, Services or Software or a loss of Data caused by your faulty act or omission.

6.6 More generally, Enovos shall not be responsible in case of interruption or malfunctions of the Website and/or Services due to :

  • (i) Your non-compliance with these GTU, Technical Conditions or any of Enovos’ recommendations;
  • (ii) Your inappropriate or illegal use of the Website and/or Services;
  • (iii) Force majeure events;
  • (iv) Events depending on third parties such as telecommunication operators;
  • (v) Your wrongful act or omission.

6.7 If applicable, in order to correct a malfunction, you undertake to carry out any operation requested by Enovos such as resettlement of Software.

6.8 The maximum amount of Enovos’ direct liability shall not exceed the actual purchase price of any Services, product you aimed to or purchased or the average annual price of the energy you aimed to or purchased during the year of the occurrence of the damage caused by Enovos. Enovos shall not be liable for any indirect damages. However, the limitation on Enovos’ liability does not apply in case of death or physical damage suffered by the Customer resulting from an act or omission on the part of Enovos.

6.9 Whilst using the Website or Services, you may have the possibility to click on links which will redirect you to third party service providers. Enovos shall not be liable for the unavailability of such third party websites or services. More generally, Enovos shall not be responsible for the functioning, the content or any other aspect of such third party websites or services or for any direct or indirect damage you may have due to following such a link to third party websites or services.

7. Termination

7.1 In case of a breach of your obligations under these GTU, Enovos is entitled to terminate or suspend any contract with you.

7.2 Suspension, termination, or cancellation of Services due to your exclusive fault shall not entitle you to compensation of any kind.

8. Intellectual Property

8.1 The Software remains the sole property of Enovos. Licenses granted to you for certain Services do not constitute a transfer of intellectual property rights on the Software.

8.2 If applicable, Enovos hereby grants to you, for the duration of a Service, a non-exclusive, non-transferable and personal license relating to the use of the Software.

8.3 If the Software includes third parties software editors’ rights, the terms of these licenses will apply to you. In this regard, Enovos may not, under any circumstances, grant more rights to you than its editors granted to Enovos on their respective software.

8.4 As a consequence, Enovos undertakes to hold you harmless from any third party’s editor claim that the intellectual property rights within the Software are infringing its intellectual property rights.

9. Governing Law and jurisdiction

9.1 These General Terms of Use shall be governed by and construed in accordance with Luxembourg law or with the law of the country where the consumer has his/her habitual residence.

9.2 In case of dispute and if the Parties are unable to reach an amicable settlement of their dispute, they agree to submit any disputes arising from the conclusion, construction, performance or termination of these General Terms of Use to the Luxembourg courts or to the forum of the competent jurisdiction pursuant to the applicable rules of judicial competence for consumer if different.

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