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 – In addition to the personal
data privacy statement posted on the Site under art. 13 of Legislative Decree
no. 196 of 30 June 2003, 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. By accepting
these Terms, you consent to the processing of your personal data with electronic
means for the purposes connected with the use of the Site. .
15 – CONTACTS – For further information about these Terms, about the limits
of use of the Protected Contents and for the release of licences of use of the
Protected Contents for commercial purposes, you may contact GME at the following
address: Gestore dei Mercati Energetici S.p.A., Viale Maresciallo Pilsudski, 122/124, 00197
Roma (Italia), tel. +39 06 8012 1, fax +39 06 8012 4524.
16 - GOVERNING LAW – The Terms and Conditions of Use of the Site are governed
by and will be construed in accordance with the Italian Law, the European Community
Law and the applicable International Conventions.