TERMS OF USE OF THE “WWW.MERCATOELETTRICO.ORG” WEBSITE

WWW.MERCATOELETTRICO.ORG

BY USING THE WWW.MERCATOELETTRICO.ORG WEBSITE (“SITE”), YOU ACCEPT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”). BEFORE ACCEPTANCE, YOU MUST CAREFULLY READ AND UNDERSTAND THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO ACCESS THE INFORMATION, DATA AND, GENERALLY, THE INFORMATIVE CONTENTS THAT ARE PUBLISHED INSIDE THE SITE AND THAT ARE THE PROPERTY OF “Gestore dei Mercati Energetici S.P.A”.

1 - PARTIES - These Terms and Conditions govern the agreement of use of the Site between “Gestore dei Mercati Energetici S.p.A”, having its registered office in Viale Maresciallo Pilsudski, 122/124, 00197 Roma, VAT and Taxpayer’s code 06208031002 (GME), and you, as the individual user of the Site (natural person, legal person or other entity) acting on your own behalf and/or on behalf of the entity that you represent (User).

2 - ACCEPTANCE - These Terms become effective upon your clicking on the “I accept” buttons below.

3 – SCOPE – Under this agreement, GME provides you with access to the Site and to its Protected Contents (as defined hereafter) on a free-of-charge basis and for an unlimited period, under the terms and within the limits specified hereafter.

4 – INTELLECTUAL PROPERTY - You agree that all the information and data (including but not limited to databases, algorithms, formulas and/or statistical and mathematical methods, indexes, prices, results, graphs, tables, news, titles, articles, drawings, lists, statistics, distinctive signs, product and/or service names, logos, etc.) published inside the Site (Protected Contents) and the Site itself are the exclusive property of or held under licence by GME and, as such, protected by national laws and by international conventions on intellectual and/or industrial property.

5 – LICENCE -Subject to the acceptance hereof, GME solely grants you a personal, free-of-charge, non-exclusive, non-transferable, non-sublicensable licence, limited to the right of viewing and using the Site and its Protected Contents for informative purposes and for your own use only. Any use of the Protected Contents and of the Site by you for economic and/or commercial purposes, whether directly or indirectly, is expressly prohibited. GME may, at any time and at its sole discretion, revoke this licence in whole or in part without notice. However, your use of the Protected Contents for lawful purposes is subject to the mention of the source (i.e. “Source: Gestore dei Mercati Energetici SpA”).

6 – UNAUTHORISED USES – You are not authorised to publish, make copies, store, transmit in electronic form or with other means, create summaries and/or excerpts, distribute, market, translate and/or anyway use the Site and/or its Protected Contents, in whole or in part, for economic and/or commercial and/or anyway profitable purposes without the prior written permission of GME. You will be not only contractually liable for breaching this clause, but also reported to judicial authorities by GME and subject to criminal prosecution and/or administrative proceedings and to enforcement of the penalties provided by law.

       

7 – ACCURACY OF THE DATA PUBLISHED BY GME - Given the merely informative nature of the Protected Contents posted on the Site, you agree to hold GME harmless, except in ascertained cases of wilful misconduct or gross negligence, for any damages resulting from the use of the Site or of the Protected Contents derived therefrom. GME makes every effort to publish accurate and up-to-date information on the Site. However, GME makes no warranty as to the accuracy and currency of the Protected Contents published inside the pages of the Site and disclaims any responsibility or liability for errors or omissions in connection therewith.

       

8 – ACCURAY OF OTHER DATA – You agree that GME has no control over linked sites that may be accessed trough connection to the Site and, consequently, GME is not responsible or liable for their contents. You agree that GME cannot guarantee the completeness and/or accuracy of the data contained in the Site deriving from sources other than GME and GME cannot avoid that sources regarded as reliable may under some circumstances prove to be inaccurate, incomplete or not current due to causes of a technical nature or beyond the control of GME.

9 – SUSPENSION OF THE SERVICE - You agree to hold GME harmless from any damages resulting from interruptions, suspensions, delays or malfunctions in the provision of the Site which may be due to the electricity supply or the telephone service, to fortuitous events, force majeure or other causes related to the medium through which the Site is published.

       

10 – NO WARRANTIES - You will use and navigate through the Site at your sole risk. GME, its employees, officers, directors, agents, consultants or third parties engaged in the creation, production or the putting on line of the Site disclaim any liability for damages arising from your access or use of the Site. Notwithstanding the above, GME represents that the Site is provided “as is” without any warranty, whether express or implied, including but not limited to its fitness or suitability for a particular purpose.

       

11 – SOLICITATION OF INVESTMENT – None of the Protected Contents of the Site will constitute a solicitation of investment, a pre-requisite or an element of assessment for investments and/or financial transactions on your part.

12 - TRADEMARKS – You agree that (i) the “Gestore Mercati Energetici”, “GME” and "PUN INDEX GME" trademarks are the property of GME; (ii) the “GSE” trademark is the property of “Gestore dei Servizi Energetici – GSE S.p.A.”; iii) the “AU” trademark is the property of “Acquirente Unico S.p.A.”; and iv) the “Terna Rete Elettrica Nazionale” trademark is the property of Terna S.p.A. You agree that the aforementioned trademarks, as well as any other trademarks as may be published inside the Site, are the property of their respective owners and you undertake not to use them without their prior written permission.

13 - AMENDMENTS – GME reserves the right to amend these Terms at any time and without notice. Any such amendment will be made known to you upon your access to the Site, as you will be asked to read and accept the then applicable Terms. You also agree that GME may at any time and at its sole discretion change and/or hide the contents of the Site, in whole or part, without notice.

14 – PROCESSING OF PERSONAL DATA VIA THE INTERNET – According to the personal data privacy statement posted on the Site under art. 13 and 14 of EU Regulation 679/2016, GME represents that it may come to know and store the IP address that you use for connecting to the Site. GME may also store information coming from your computer (files commonly called "cookies"). By storing such information, GME can better customise the information services offered to you and facilitate your process of access to the Site. However, you retain the right to limit or block the storage of cookies by changing the parameters of your browser, as detailed in the privacy statement published on the Site.