TERMS AND CONDITIONS OF THE TOTAL GAS & POWER CLICK MANAGEMENT PLATFORM
Lampiris SA (“Total Gas & Power”), whose registered office is located at rue Saint Laurent 54, 4000 Liège, company number 0859.655.570, gives access to the click management platform to the Customer (“Customer”) under the terms and conditions as set out in these specific terms and conditions of use for the platform (hereinafter “Specific Terms and Conditions of Use of the Platform”).
ACCESS, REGISTRATION AND USE OF THE PLATFORM
Access and use of the Platform are reserved for a user who has a contract for the offtake and/or injection of electricity and/or gas with Total Gas & Power, free of charge.
Registration and creation of an account
Registration as a user on the Platform is carried out using the email address used as a means of communication with Total Gas & Power. All messages and notifications sent by Total Gas & Power to the email address provided during registration are considered to have been received by the user. It is up to the user to update their contact details and to inform Total Gas & Power of a change in their email address.
Registration leads to the opening of a personal user account, accessible by means of an email address and a password. These allow the user to manage their participation in the Platform. The password is to be defined by the user when opening the account. The user is therefore required to keep them confidential and is solely responsible for their use. The password can be changed by the user at any time. The user agrees not to communicate their username and password to third parties. If they still wish other people to access the Platform, they can contact the “Care” department of Total Gas and Power via the email address email@example.com for this purpose. Access and use of the Platform by third parties that the user has requested are not the responsibility of Total Gas & Power.
The user's account cannot be transferred or assigned to third parties.
If applicable and by way of derogation from article 2 of the legal notices of this platform, it can be considered as meeting a particular need for use to the extent detailed here as well as in the contract between the user and Total Gas & Power.
Total Gas & Power cannot be held responsible for the consequences of illegitimate and unlawful use of the Platform using the user's email address and password. The user is responsible for all use of their email address and password. The user agrees not to communicate their email address and password to third parties.
If at any time the user has access to data which they assume does not fall within the scope of their user rights, Total Gas & Power requests to inform it immediately via the email firstname.lastname@example.org. Total Gas & Power undertakes to process the request as quickly as possible.
The user agrees to use the Platform in a manner that complies with applicable law or legal or other rules that apply specifically to the user. In addition, Total Gas & Power agrees not to use any “deep links”, “robots” or any other technology on the Platform by which the Platform or its content is used for any purpose other than that indicated in these Specific Terms for Use of the Platform. The user cannot access the content of the Platform that is not intended for them, for example via “hacking”, “password mining” or any other technique. In addition, the user agrees not to test or explore the possible vulnerability of the Platform. The user agrees not to take any action that would cause a disproportionately large load on the Platform, network or Total Gas & Power systems with the aim of provoking a “Denial of Service” or similar attack. The user may also not make use of any technology that could compromise the proper functioning of the Platform.
FUNCTIONAL ORGANISATION OF THE PLATFORM
The user will have access to the futures market prices within the framework of the execution of their contract(s) with Total Gas & Power and will be able, in an automated way, to execute clicks on transaction values (reference www.theice.com) via the Platform. On each click, a confirmation email (“approved transaction”) is sent to the user's email address. It is only when this email has been sent that the transaction is considered to be definitively completed.
A summary of all clicks and all open positions (i.e. volumes not yet clicked) will also be available to the user through the Platform.
The user is prohibited from carrying out transactions beyond the scope defined by contract and linking it to Total Gas & Power.
In the event of a malfunction or non-accessibility of the Platform, a backup system in manual mode is made available to the user to execute the transactions (see the Contract for the terms). The user will communicate by email or by telephone with the services of Total Gas & Power; the exchange concluding with a confirmation email from the Total Gas & Power “Care” teams. It is only by sending this email that the transaction will be considered definitively completed. All these transactions carried out manually will subsequently be visible on the Platform. Use of this backup system is limited to users who can click through the Platform.
In the event of a discussion as to the completion of a transaction, the records from the user's operations in Total Gas & Power's computer system will be the only valid evidence.
For security reasons, Total Gas & Power will keep the data exchanged with the user. This data will concern in particular the times of connection to the Platform, the IP address used, the details of the transactions executed, etc. The data stored by Total Gas & Power will not be released under any circumstances, except in the event of a dispute between the user and Total Gas & Power relating to the use of the Platform and its security.
NATURE OF THE INFORMATION - LIABILITY
Nature of the information
Total Gas & Power makes every effort to ensure that the information provided is complete, correct, accurate and up to date. However, if the information disseminated on this Platform is incomplete and/or inaccurate, Total Gas & Power will make all reasonable efforts to rectify it as soon as possible. All information related to consumption/injection volumes present on the Platform is based on historical information available to Total Gas & Power for purely indicative purposes and is only provided in the interests of providing the user with most complete information possible. Total Gas & Power makes no commitment that these reflect absolutely reliably the actual consumption of the customer and specifies that these data for volumes consumed/withdrawn are not those taken into account in the invoicing issued to the Customer.
Furthermore, Total Gas & Power undertakes to make commercially reasonable efforts to secure the Platform using all reasonable means, and to limit as much as possible any inconvenience caused by technical problems. Total Gas & Power cannot, however, exclude the possibility that incorrect technical operations and/or unlawful interventions may occur, or that access to the Platform may be interrupted.
Total Gas & Power can in no way be held liable, directly or indirectly, in general or in particular, for direct or indirect damage due to the use of the Platform or of another website, in particular as a result of the use of links or hyperlinks, including, but not limited to, any loss, interruptions of work, damage to programs or other data on the computer system, hardware, software or otherwise of the user.
The content of the Platform (including links) can be adapted, modified or supplemented at any time without announcement or notification. Total Gas & Power cannot give any guarantee as to the proper functioning of the Platform and can in no way be held responsible for a malfunction or temporary (non-)availability of it or for any form of damage, direct or indirect, that may result from access to the Platform or its use.
The Platform may contain hyperlinks to other websites that may not be technically controlled or subject to modification by Total Gas & Power. Therefore, Total Gas & Power cannot guarantee the completeness or accuracy of the content offered through such links, nor the availability of such websites, and therefore Total Gas & Power assumes no responsibility for any direct or direct damage or indirect caused by the use of these websites. Access to and use of these websites involves risks which are assumed by the user.
Unless specified otherwise, the intellectual property rights on all texts, images, database rights, video images, programming and any other information on or from the Platform, as well as all brands appearing on the Platform, belong exclusively to Total Gas. & Power and/or its licensees. Unless otherwise agreed in writing from the Head of B2B of Total Gas & Power, the user is not authorized to import published or copyrighted content from the Platform to other programs or websites nor to use any such content in any other way. Nothing on the Platform will be interpreted in such a way as to grant the user or a third party any right to use or appropriate the information on the Platform.
CONSEQUENCES FOR THE GENERAL TERMS AND CONDITIONS OF SALE
Total Gas & Power has the right to modify these Specific Terms and Conditions of Use of the Platform at its sole discretion, without prior notice and without assuming any liability in this regard. It is the user's responsibility to regularly consult the applicable terms and conditions. The most recent publication of the Specific Terms and Conditions of Use of the Platform is always the one that will apply.
The Specific Terms and Conditions of Use of the Platform and the user's access to the Platform are governed by Belgian law.
By using the Platform, the user accepts that in the event of a dispute, the courts and tribunals of Liège will have sole jurisdiction to adjudicate on such a dispute.
Name: Lampiris SA
Registered office: Rue Saint Laurent 54, 4000 Liège
Company number: 0859.655.570