1. Contracting Parties and Scope of Application
These Terms of Use regulate the usage of the „Virtual Interactive Energy Management WebPortal“ and the use of the dataVIEW, forecastVIEW, portfolioVIEW und OTC Report applications (all, individually and jointly, hereinafter referred to as „VIEW“) of RWE Supply & Trading GmbH (hereinafter „RWEST“) and the person accessing VIEW (hereinafter referred to as „User“), as well as the company (hereinafter referred to as „Customer“) having entered into an agreement with RWEST or a third party under which the right to use VIEW is granted and on whose behalf the User acts. These Terms of Use also include the obligations of the Customer and the User in connection with the use of VIEW. RWEST is solely responsible for VIEW and its contents.
In any case the Customer is obliged to ensure that all User complies with these Terms of Use.
The prerequisite for the use of VIEW is (a) the existence of a valid individual customer agreement between the Customer and RWEST and (b) the consent of each User to these Terms of Use.
In individual cases, these Terms of Use may be supplemented, modified or replaced by other terms. The Terms of Use shall also apply to all upgrades provided by RWEST replacing or supplementing the original web portal. They may be changed unilaterally by RWEST at any time. RWEST will always inform the Customer resp. the User as a receiving agent of the Customer of any change in the Terms of Use. The use of VIEW shall only be permitted subject to the approval by the Customer and the User of the Terms of Use and only for the duration of the right of use.
RWEST provides the Customer with login names and passwords for the agreed number of Users (jointly referred to as „Access Data“) allowing the respective Users access to VIEW.
2. Right of Use and Protection of Intellectual Property
RWEST grants the Customer the non-exclusive right, which may not be transferred to third parties, to permit Users to access VIEW and to use the information and data provided. Access and use can only be permitted to the Users to the extent agreed with the Customer or, if nothing has been agreed, to the extent of the purpose pursued with the provision of VIEW and the contents, information and data contained therein. The use of VIEW is exclusively permitted for the entrepreneurial purposes of the Customer.
The User is free to view the contents, information and data contained in VIEW on a web browser. However, without the prior written consent of RWEST, the User may not reproduce, modify, link, make available to a third party, publicly perform, distribute or transmit any content, information and data contained in VIEW in any form or by any means whatsoever.
The contents of VIEW are protected by copyright. All rights to protect intellectual property (e.g. copyrights and/or trademark rights) in the contents of VIEW shall remain with RWEST or its licensors. By registering with VIEW, the User does not acquire any rights or licenses to the contents of VIEW. The reproduction of contents, information or data, in particular the use of texts, parts of texts or images, requires the prior written consent of RWEST.
3. Contents and Use of VIEW
Customer and User are obliged to protect the contents from unauthorised access by a third party. In particular, the Customer and the User undertake to protect the respective Access Data from unauthorised access and use by a third party. The Customer is responsible towards RWEST for any damage culpably caused by the unauthorised and incorrect use of Access Data.
The Customer is responsible for the provision and continuous availability of the technical requirements for accessing and retrieving contents.
RWEST reserves the right to remove, terminate, expand or restrict individual contents, information, data, functions etc. of VIEW at any time. RWEST is entitled to make updates of the software at its discretion. The Customer is not entitled to claim the implementation of a change or an update. There is no right to claim a timely provision of data or download of contents.
4. Liability
RWEST will always endeavour to provide a technically proper access to VIEW.
Due to the nature of the Internet, however, a trouble-free operation cannot be guaranteed at any time. Access to VIEW may also be occasionally interrupted or restricted e.g. in order to enable repairs, maintenance or the introduction of new facilities or services. RWEST will attempt to limit the frequency and duration of any such temporary interruption or limitation. The Customer is obliged to inform RWEST immediately of any malfunctions.
The information (general and customer-specific) published in VIEW has been carefully researched and selected. No guarantee can be assumed for the suitability for a certain purpose, the correctness, completeness and up-to-dateness of the contents as well as the non-existence of viruses and error-free transmission.
The contents of VIEW do not represent recommendations or requests for the Customer; in particular, they also do not replace a consultation. RWEST shall not be responsible for commercial decisions the Customer takes on the basis of this information.
If the User initiates or concludes legal transactions with a third party on the basis of information provided in VIEW, RWEST shall not be a party to such business. There shall be no rights or obligations towards RWEST resulting from such legal transactions. RWEST assumes no liability in this respect.
VIEW may contain links to other (external) websites. VIEW only provides access, but does not consider their contents its own. Their contents shall be the sole responsibility of the respective operator. RWEST assumes no liability in this regard.
Apart from that, RWEST shall be liable for any culpably caused violation of essential contractual obligations according to the legal regulations, in case of minor negligence, however, only up to the amount of the foreseeable, contract-typical damage. Essential contractual obligations are those that characterise the contract and on which the client must be able to rely on.
RWEST shall be liable for the breach of non-essential contractual obligations only in case of intent or gross negligence.
Liability for damages to persons, assurances, acceptance of guarantees as well as according to mandatory provisions shall remain unaffected by the above-mentioned regulations.
To the extent, RWEST's liability is restricted or excluded due to the aforementioned paragraph, this shall also apply with regard to the personal liability of the respective RWEST employee, staff member and bodies as well as RWEST's vicarious and disposing agents, including their employees, staff members and bodies.
5. Data Protection
RWEST shall be obliged to treat all personal data in compliance with the provisions of the data protection regulations. RWEST shall be entitled to store and process, in connection with the use of VIEW, the personal data provided by the Customer and User for the execution of the use process, for the performance of certain functions of VIEW. You will find our data protection information under the following link: Data protection for VIEW
6. Governing Law, Place of Jurisdiction, Severability Clause
All legal issues connected with the use of VIEW shall only be governed by the law of the Federal Republic of Germany, except for the provisions under the Private International Law.
The exclusive place of jurisdiction for all legal disputes in connection with the use of VIEW shall be Essen, unless compulsory legal regulations require another place of jurisdiction.
If one of the provisions of these Terms of Use is or becomes invalid, the validity of the remaining parts of these Terms of Use shall not be affected. The invalid provision shall be replaced by another legally permissible provision which comes as close as possible to the purpose of the invalid provision. The same shall apply in case of an unintended incompleteness of the Terms of Use.
Should the provisions of the individual customer agreement on which they are already based conflict with these Terms of Use, these Terms of Use shall prevail in their current form. The provisions of the individual customer agreement on which they are already based shall remain unaffected in other respects.
Please note that this a non-binding translation of the Terms of Use for VIEW as set out in German (Nutzungsbedingungen). In case of conflict between this translation and the Terms of Use as set out in German, the German version of the Terms of Use shall prevail.
As of: November 2019