Legal Notice

GENERAL CONDITIONS FOR USE OF THE WEBSITE www.subasta-epe.com AND DATA PROTECTION POLICY

Welcome to www.subasta-epe.com (hereinafter the “Website”). Use of this Website and of the information brought to it by its corporate owners is subject to these General Terms and Conditions. MEFF EUROSERVICES S.A.U. reserves the right to amend these Terms and Conditions unrestrictedly, except that any such changes will be notified via this Website.

The Website has been designed to provide the public with information related to 6th and 7th Emisiones Primarias de Energía (Spanish VPP auctions), as regulated in RD 324/2008 of 29th February. Its objective is to assist all those companies interested in participating in Emisiones Primarias de Energía by offering pertinent information on the auctions to be held, the manner of participating therein and the corresponding legal documents to be executed.


I.     GENERAL INFORMATION FOR THE PURPOSES OF ARTICLE 10 OF LAW NO. 34/2002, DATED 11TH JULY, ON THE PROVISION OF COMPUTER INFORMATION AND ELECTRONIC COMMERCE SERVICES

The name and registered office of information service provider is MEFF EUROSERVICES S.A.U., Sociedad de Valores, an Investment Service Firm belonging to the BME Group (http://www.bolsasymercados.es) with its registered office at Via Laietana 58, 08003, Barcelona, Spain and CIF code A 61739694.


II.     ACCESS TO AND USE OF THE WEBSITE

a) Users

By accessing this Website you are deemed to be a user hereof and means you expressly, fully and unreservedly accept the terms of all these General Conditions published by MEFF EUROSERVICES S.A.U.

Any use other than that authorised hereof is expressly forbidden. MEFF EUROSERVICES S.A.U is empowered to refuse or withdraw access to and use of the site, at any time and without prior notice, with respect to any users who fail to comply with these general terms and conditions or any particular conditions that may be applicable.

b) Amendments

MEFF EUROSERVICES S.A.U. reserves the right to amend these general terms and conditions unilaterally, at any time and without prior notice. In any such case the amendment shall be notified and announced with as much prior notice as possible. Likewise, it reserves the right to amend the aspect and configuration of this Website unilaterally, at any time and without prior notice.

c) Access and use of the Website

Access to and use of this Website are free for users and no prior registration is required in general. However, there are some services and data offered through the site for which prior registration by users is required.

Users undertake to employ their user-names and passwords with care, not to disclose them to others and, in the event of loss, theft or any other risk of unauthorised access by third parties, to notify such circumstance to MEFF EUROSERVICES S.A.U. as soon as possible.

d) Restrictions on use

When you access this Website, you are expressly authorised to see all the data held on the site and also to download reproductions of such data to your own computer systems on a private basis, provided that this information is solely for your own use and will not later be ceded to any third party. Accordingly:

  1. any reproduction, copying, distribution, modification, cession or public notification of the information contained in this Website is not permitted, unless prior authorisation has been obtained from the holder of the corresponding rights or such reproduction, etc. is permitted by law;

  2. you are not authorised to use any information contained in this Website with a view to direct sale or for any other commercial purpose, or to send any unsolicited messages addressed to a number of persons irrespective of their objective, or to deal commercially with any such data in any manner;

  3. you are not authorised to suppress or manipulate the copyright or any other data identifying the rights pertaining to MEFF EUROSERVICES S.A.U., or their incorporated owner, or any digital prints or any other technical protection device or mechanism found on the site;

  4. you are further not authorised to dismantle, invert or otherwise tamper with the data-bases containing the information stored on this Website.

Breach of any of the provisions of this clause shall be treated as an infringement of the intellectual property rights held by MEFF EUROSERVICES S.A.U and shall give rise to liability as prescribed by law and such legal, administrative, civil or criminal actions and proceedings as may be appropriate.

e) Ownership of the contents

Unless otherwise expressly stated, all the data held on this Website, including images, graphic designs and computer codes, are the intellectual and industrial property of MEFF EUROSERVICES S.A.U., who hold exclusive rights to commercialise such intellectual property in any manner and, in particular, to reproduce, distribute, transform and publicise it. No cession, whether in whole or in part, is made nor any licence or authorisation of any kind is granted by MEFF EUROSERVICES S.A.U. to users with respect to their intellectual and industrial property rights, or any others, over this Website.

MEFF EUROSERVICES S.A.U. guarantees that the contents hereof, including those of their intellectual property, are not of an unlawful nature nor do they breach any prevailing regulations. Moreover, MEFF EUROSERVICES S.A.U. shall adopt such legal measures as they may see fit in order to prevent any kind of unlawful or immoral conduct.

f) Exclusion of guarantees and liability

In this respect MEFF EUROSERVICES S.A.U, IBM Global Services España S.A. and Power Auctions LLC shall accept no liability for the following:

  1. Any loss or prejudice caused by any products or services offered or provided by other persons or bodies via this Website, in particular due to any of the following: a) infringement of the law, morals, proper conduct or public order, or use of any products or services offered in a negligent or incorrect manner, or for effects or purposes that are unlawful or contrary to the provisions of these general terms and conditions or of such particular conditions as may be applicable; b) infringement of any intellectual and industrial property rights: c) breach of professional confidentiality; d) breach of any rights to personal privacy, honour, family intimacy or the reputation and image of any person, or rights relating to the protection of children and minors; e) any act of unfair competition; f) unlawful advertising, or any act of a criminal or pornographic nature; g) any illegality or lack of veracity, accuracy, reliability, appropriateness, completeness and/or up-to-dateness of any contents or data transmitted or made available to users, including any information or services provided by users or other parties by way of the Website; h) failure to comply, delay in complying or defective compliance with, or termination on whatever grounds of, any contract entered into with third parties with a view to the provision of services via the Website; i) incapacity of a user, or substitution of the identity of another by a user.
MEFF EUROSERVICES S.A.U, IBM Global Services España S.A.,.and Power Auctions LLC. shall only accept liability for their own services and contents originating directly from them and identified by way of their copyright as a trademark or the intellectual and industrial property of MEFF EUROSERVICES S.A.U, IBM Global Services España S.A. and Power Auctions LLC.

  1. Any loss or prejudice caused by unauthorised knowledge on the part of any third party of the nature, conditions, characteristics or any features of the use made by users of the Website or the services offered therein.

  2. Any loss or prejudice caused by the existence of any errors in the use of or access to the Website or its services or contents, or due to the site not being updated, although an undertaking may be given to avoid such errors, update the site or rectify such content. In other words, no liability will be accepted for any failure in access, availability or continuity of operation of the site or its services, or in relation to any failure in accessing the various different websites or those providing services.

  3. Any loss or prejudice caused by any data contained in their website to which this Website may remit hypertext links. The links that appear on the site are there merely for information purposes, and MEFF EUROSERVICES S.A.U, IBM Global Services España S.A. and Power Auctions LLC will accept no liability whatsoever for the results that may be sought by accessing any such links. Consequently, MEFF EUROSERVICESS S.A.U, IBM Global Services España S.A. and Power Auctions LLC shall accept no liability for the following: a) any failure in access, availability or continuity of operation of the linked sites; b) the quality, legality, veracity, accuracy, reliability, usefulness, completeness and/or up-to-dateness of any contents of the linked sites; c) the maintenance, provision and/or transmission of any contents of the linked sites.

  4. Any loss or prejudice caused by the existence of any virus in the computer system, any electronic documents or user files, or in any services provided by others via the Website, that may give rise to alterations in the computer system, electronic documents or user files.

  5. Under no circumstances whatsoever, including negligence, any loss of business, loss of use, loss of profits and/or loss of data due to any indirect, secondary, consequential or special damage resulting from access to or use of services offered on the Website or in any other manner within the ambit thereof.

  6. 7. Any damage caused by knowledge on the part of any unauthorised third party of the nature, conditions, characteristics or any features of the access or use made by users of the Website and/or the services or information offered therein, or by non-compliance on the part of users of their obligations concerning their personal data.

With respect to the limitation of liability, MEFF EUROSERVICES S.A.U, IBM Global Services España S.A., and Power Auctions LLC refuse all guarantees in relation to Website services, whether they be express, implicit or obligatory, including, but not limited to, implied guarantees as to marketing and suitability for specific purposes and compulsory guarantees of protection against non-compliance.

g) Use of “cookies”

MEFF EUROSERVICES S.A.U. may employ ”cookies” and ”logs” when users are surfing the Website, although it is not necessary for users to let cookies be installed in order to access and use the site. Cookies are associated solely with a user’s computer, but they do not produce data that allow the identity of users to be deduced nor can they read any data on your computer’s hard drive or detect cookies created by third parties. They will, however, permit MEFF EUROSERVICES S.A.U. to recognise users who have registered once, without them having to register every time they visit the site in order to access data and services reserved exclusively to registered users. Users will be able to set up their search engine, following applicable instructions, so as to be notified on screen when any cookies are received and to prevent any cookies being installed on their hard drive.


III.     DURATION AND TERMINATION

In principle, there will be no limit in time for access to and use of the Website.

Nevertheless, MEFF EUROSERVICES S.A.U. reserve the right to suspend or terminate access to and use of the Website at any time. As far as they may reasonably be able, MEFF EUROSERVICES S.A.U will give prior notice of any such suspension or termination of access to and/or use of the Website.


IV.     COMPENSATION BY USERS

Each user expressly undertakes to indemnify MEFF EUROSERVICES S.A.U., affiliate companies in the same corporate group, their staff, managers, agents and suppliers of information or services in respect of any loss or damage (including legal fees and costs) arising from any breach by the user concerned of these general terms and conditions or of any particular conditions that may be applicable. Users further undertake to collaborate with MEFF EUROSERVICES S.A.U. in defending their interests in the event that any claim should be brought or any judicial or administrative proceedings instituted or invoked on such grounds. Moreover, users bind themselves to use their best efforts to avoid or, as the case may be, mitigate any damaging or prejudicial effects arising therefrom for MEFF EUROSERVICES S.A.U.


V.     APPLICABLE LAW AND JURISDICTION

All the terms and conditions established hereunder shall be governed by Spanish law.

Users and MEFF EUROSERVICES S.A.U. hereby expressly waive any other jurisdictions to which they may be entitled and submit themselves to that of the courts and tribunals of the domicile in Madrid for the resolution of any dispute that may arise as to provision of the services subject to these general terms and conditions.

This document is written in both Spanish and English languages. In case of discrepancy, Spanish version will prevail.


VI.     COPYRIGHT

© Copyright 2008 MEFF EUROSERVICES S.A.U. All copyrights and other intellectual property rights to computer code contained within the Web Site belong to Power Auctions LLC or IBM Global Services España S.A. Reproduction of the foregoing in whole or in part is prohibited. All rights reserved.