Terms and conditions

Legal notice 

 

GENERAL TERMS AND CONDITIONS FOR THE USE OF THE JAO INSIDE INFORMATION PLATFORM

In accordance with Regulation (EU) no 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (“REMIT”), which requires market participants to publicly disclose  and report to the Agency for the Cooperation of Energy Regulators (“ACER”) inside information, JAO has established and is operating an inside information platform (the Inside Information Platform) acting on behalf of the Core Region (“CORE Region”) Transmission System Operators (“CORE TSOs”), Nemolink and Eleclink Limited, a private company limited by shares, with its registered office at 4 Kingdom Street, London, England, W2 6BD and registered with the United-Kingdom companies registry under number 07595420 (together with the “CORE TSOs” the “TSOs”) and in its own name. JAO is in charge of disclosing inside information entered by TSOs on the Inside Information Platform and of reporting this inside information to ACER via webfeeds. 

The smooth operation of the Inside Information Platform requires the imposition of some access and use conditions.

 The present general terms and conditions of use (the “Terms of Use”) determine the conditions applicable for the access to, and the use of the Inside Information Platform for Data Users.

 Pursuant to the present Terms of Use, each user has to comply with two types of rules:

 - General Provisions, contained in section II, are applicable whatever the nature of the effective use of the Inside Information Platform made by the user.

- In relation to the type of use, the user has to comply with additional Specific Provisions, contained in section II of the Terms of Use. A user who is making several types of use of the Inside Information Platform and/or the Inside Information Platform Data has to cumulatively comply with all relevant Specific Provisions applicable to the concerned types of use.

 

 I.             Definitions

 “Business Day” means any day from Monday to Friday inclusive, with the exception of public holidays in Luxembourg.

“Data Provider” means the entity that submits data to the Inside Information Platform in accordance with Regulation (EU) no 1227/2011 REMIT.

 “Data User” means any legal or natural person which consults, gathers and/or uses Data published on the Inside Information Platform.

II.            General Provisions applicable to all types of use of the Inside Information Platform

 

 1.    Ownership and limited scope of the rights granted by JAO

JAO is the owner of copyright and database rights of the website and the content for the Inside Information Platform.

The rights to use the Inside Information Platform are:

a. granted on a non-exclusive and worldwide basis,

b. submitted to the strict compliance with the limits of use set forth in present Terms of Use, and

c. not sub-licensable or transferrable.

 

 2.    Availability and maintenance of the Inside Information Platform

JAO shall use its best efforts to ensure the 24/7 availability of the Inside Information Platform. JAO shall periodically maintain and update the Inside Information Platform.

JAO may temporarily suspend access to the Inside Information Platform services, when required for maintenance.

 

 3.    Personal data

The provisions related to the personal data processed via the Inside Information Platform website are published on JAO website and deemed to be part thereof.

 

4.    Liability

JAO shall use its best efforts to ensure  that the Inside Information Platform will run uninterrupted or be free from errors. No warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to condition, quality, performance, intellectual property, infringements, merchantability or fitness for purposes is given or assumed by JAO concerning Data sent by TSOs to the Inside Information Platform.

 

5.    Notices

All written notices that the Data Provider or User is required to provide pursuant to present Terms of Use have to be communicated through the following addresses:

a.    For JAO: to the relevant email address as mentioned on the Inside Information Platform website

A notice shall be deemed to have been duly given the first Business Day following the day the notice is sent by email, provided that the email transmission is promptly confirmed by an electronic receipt from the recipient email server.

 

III.          Specific Provisions

The Specific Provisions of the present section III are grouped within two sub-sections, each one dedicated to the rules applicable to one specific kind of use of the Inside Information Platform.

 

III.1. Inside Information Platform consulting and re-use of Inside Information Platform Data

1.    Use of the Inside Information Platform Data

In accordance with the applicable legislation, the Data User shall, when using of the Inside Information Platform Data for any purpose whatsoever:

a. use the Inside Information Platform Data in good faith and always comply with good business practices regarding the re-use of publicly available data;

b.    mention the JAO Inside Information Platform as the source of publication of the data, in accordance with good industry practices.

 

2.    Absence of JAO control on the Inside Information Platform Data and cautionary language

The Inside Information Platform is a specific platform which aims at receiving and publishing data from TSOs in accordance with REMIT.

JAO does not perform any control on the accurateness, the up-to-date character or the consistency of the Inside Information Platform Data sent by TSOs.

The Data User shall therefore use the Inside Information Platform Data under its sole responsibility.