terms and conditions

GENERAL CONDITIONS OF USE FOR THE ONNERGY WEB PLATFORM FOR THE CONSUMER

1. DEFINITIONS AND INTERPRETATION
   1. The following definitions are used for the application of the current General Terms and Conditions:Service Provider: any third party who offers products or services to the Customer through the ONNERGY Web Platform. ONNERGY is not a Service Provider.ONNERGY: public limited company with registered office at Generaal Lemanstraat 47, 2018 Antwerp (Belgium) and registered in the Register of Legal Persons in Antwerp under number BE xxx.xxx.xxx or the transferee of these Terms and Conditions and the agreement, as provided in Article 8.1.ONNERGY Services: the services that consist of ONNERGY making an online platform (the ONNERGY Web Platform) available to the Customer via the website, through which the Customer gains access to various energy management, budget and home control applications. The ONNERGY Services do not include the products and services offered to the Customer by the Service Providers via the ONNERGY Web Platform.

      ONNERGY Project: the concept through which residents are able to manage, monitor and control their energy consumption and production making use use of all kinds of services, and are able to connecting products and services from service providers by means of an online platform (the ONNERGY Web Platform), and smartphone apps ( the ONNERGY apps) made available by ONNERGY.

      ONNERGY Web Platform: the central Internet platform made available to Service Providers and consumers by ONNERGY within the context of the ONNERGY Project, and which operates as dashboard, online display, control, gaming and benchmark applications for the consumers home and were communications from the Onnergy platform will be send to the smartphone or PC web applications for energy efficiency, benchmarking, gaming and notification.

      Intellectual Property Rights: all rights to inventions, patents, copyrights (including rights to computer software), databases, domain names, designs, models, brands, business secrets, know-how and any other intellectual property rights (whether registered or unregistered), anywhere in the world.

      Customer: any natural or legal person who uses or wishes to make use of the ONNERGY Services in accordance with these Terms and Conditions, as adopted pursuant to article 7.1.

      Terms and Conditions: the current General Terms and Conditions of ONNERGY.

2. OBJECT
   1. The Terms and Conditions are only applicable to the contractual relationship between the Customer and ONNERGY for the provision of ONNERGY Services through the ONNERGY Web Platform.
   2. The Terms and Conditions are not applicable to the purchase of products or services from the Service Provider through the ONNERGY Web Platform.
3. Price
   1. 3.1 The use of the ONNERGY Basic Services is free of charge for the Customer, upgrades for full functionality are charged pre-paid by online app or payement stores or by service partner voucher code.
4. Intellectual property rights
   1. The Customer acknowledges that the intellectual property rights relating to the ONNERGY Web Platform are owned by or licensed to ONNERGY, and that ONNERGY or the third party licensor is the holder of these Intellectual Property Rights.
   2. ONNERGY merely grants the Customer the right to use the ONNERGY Web Platform and smartphone applications for the duration of the agreement to purchase and/or use the products, services and applications of the Service Providers./li>
   3. It is forbidden for the Customer to reproduce or modify the design, the lay-out, the text, the data, the databases, the domain name, the software, the drawings, logos and/or images on the website and on the ONNERGY Web Platform in any way whatsoever without the prior written consent of ONNERGY.protection of privacy and Confidentiality
5. protection of privacy and Confidentiality
   1. ONNERGY processes the personal data of the Customer for the following purposes: to enable the Customer to use the website;
      1. to enable the Customer to use the website;
      2. (b) to improve the content and the user-friendliness of the website and the ONNERGY Web Platform and to align them to the Customer’s preferences;
      3. customer management;
      4. accounting and invoicing;
      5. to inform the Customer about new ONNERGY Services and about the products and services of the companies associated with ONNERGY;
      6. to calculate and inform customer about efficiency use of energy and benchmark against other customers.
      7. to inform the Customer about new products and services of the Service Providers and the companies associated with the Service Providers;
      8. to sell the personal data of the Customer anonymous to third parties for marketing purposes.
   2. The personal data of the Customer may be communicated to the companies associated with ONNERGY, the Service Providers and the companies associated with the Service Providers, and to the suppliers of ONNERGY for one or more of the above-mentioned purposes.
   3. The Customer has a right of access to his personal data free of charge. In addition, the Customer also has the right, free of charge, (i) to request the correction of incorrect personal data, and (ii) to request the removal of personal data that, in view of the purposes described above, is incomplete or irrelevant, or the procurement, communication or storage of which is prohibited, or that has been stored longer than necessary to achieve the purposes described above. The Customer also has the right to oppose the processing of his personal data for advertising purposes.
   4. In order to exercise the above-mentioned rights, the Customer can contact ONnergy (legal@Onnergy.com or ONnergy, Legal Department. Industriepark West 40, 9100 Sint-Niklaas).
   5. ONNERGY uses cookies and tracking code to facilitate the use of the website and the ONNERGY Web Platform. Cookies are files that the ONNERGY web server can send to the Customer’s computer, and which enable the computer to be identified for the duration of the session. Most browsers are set up to automatically accept these cookies. The Customer may, however, deactivate the storage of cookies, or set up his browser to ensure that he receives a notification before a Cookie can be stored on his computer. Tracking code is software code that is include in the website and smartphones apps to track the usage of the consumers on the internet, applications and the platform.
   6. If the Customer uses the ONNERGY Services to process personal data that is not intended for ONNERGY, then:
      1. the Customer is responsible for this processing and ONNERGY is the processor; and
      2. ONNERGY will only process this personal data on behalf of the Customer.
   7. If the Customer uses the ONNERGY Services to process personal data that is not intended for ONNERGY, ONNERGY will assume no knowledge of this personal data, unless:
      1. the knowledge of this personal data is necessary for the proper performance of the ONNERGY Services or for the proper operation of the website and the ONNERGY Web Platform; or
      2. ONNERGY has reasons to believe that this personal data relates to unlawful or unauthorised activities, or if a third party claims that this personal data constitutes a violation of this party’s rights.
6. Liability
   1. ONNERGY is only liable for its own serious or intentional error. ONNERGY is not responsible for, and cannot be held liable for any damage caused by:
      1. the actions or omissions of the Service Providers;
      2. the products and services of the Service Providers;
      3. the poor functioning of the Internet connection or any other service or infrastructure over which ONNERGY has no control;
      4. defects in the hardware used by the Customer to access the website, the ONNERGY Web Platform or the ONNERGY Services;
      5. improper use of the website, the ONNERGY Web Platform or the ONNERGY Services, or of the hardware used by the Customer to access the website, the ONNERGY Web Platform or the ONNERGY Services;
      6. brief interruptions in the availability or operation of the website, the ONNERGY Web Platform or the ONNERGY Services due to a technical intervention (e.g. maintenance);
      7. as a result of the compliance of ONNERGY Services with mandatory provisions emanating from the government;
   2. In any case, the total liability of ONNERGY for the entire duration of the agreement will be limited to a maximum amount of € [5,000].
   3. Except in the case of deliberate error, ONNERGY will never be liable for any consequential damage, including but not limited to: loss of customers, loss of data, loss of revenue or profit, loss of business opportunities.
   4. ONNERGY is not responsible for and can under no circumstances be held liable for any illegal acts of the Customer or infringement by the Customer of any rights of third parties through the website, the ONNERGY Web Platform or the ONNERGY Services. The Customer indemnifies ONNERGY against all actions, demands or claims:
      1. that are the consequence of these illegal actions of the Customer; or
      2. of third parties who claim that an infringement of their rights has been committed by the Customer through the ONNERGY Services, the ONNERGY Web Platform or the website.
   5. ONNERGY does not guarantee the uninterrupted availability of the website, the ONNERGY Web Platform and of the ONNERGY Services.
7. CONTRACT CLOSURE, DURATION AND TERMINATION
   1. By clicking on the “I agree” button while the Customer is creating a profile on the website/the ONNERGY Web Platform, the Customer accepts these General Terms and Conditions and enters into an agreement with ONNERGY that is governed by these General Terms and Conditions.
   2. The agreement is entered into for an indefinite period and can be terminated by either party with immediate effect by sending an e-mail or a registered letter.
8. MISCELLANEOUS PROVISIONS
   1. Transfer Under these Terms and Conditions, ONnergy is entitled to freely transfer its rights and obligations to a third party who will take over the provision of the ONNERGY Services. In such a case, ONnergy will be fully indemnified.
   2. Amendment of the Terms and Conditions ONNERGY reserves the right to amend these Terms and Conditions at any time. If ONNERGY amends these Terms and Conditions, ONNERGY will accordingly notify the Customer thereof by e-mail or letter no later than 60 days prior to the amended Terms and Conditions coming into force. If the Customer does not agree with the amended Terms and Conditions, the Customer has the right to terminate the agreement.
   3. Complaints Complaints concerning the ONNERGY Services, the ONNERGY Platform or the website can be addressed to the Algemene Directie Controle en Bemiddeling (ADCB) [DG for Enforcement and Mediation ], on the Koning Albert II-laan 16, 1000 Brussels, or via http://economie.fgov.be.
   4. Applicable legislation and competent court Regardless of the manner in which and the location from where the Customer has access to the ONNERGY Web Platform, the contractual relationship between the Customer and ONNERGY is governed exclusively by Belgian law. Any dispute concerning the interpretation and application of these Terms and Conditions falls under the exclusive jurisdiction of the Courts of Antwerp. SurvivalArticles 4.1, 5 et 6 survive, and therefore remain applicable upon the termination of the agreement.
   5. Survival Articles 4, 5 and 6 survive, and therefore remain applicable upon the termination of the agreement.
   6. Nullity and unenforceability The nullity or unenforceability of any provision of these General Terms and Conditions will not affect the validity or enforceability of the General Terms and Conditions, unless the General Terms and Conditions cannot continue to exist without this provision.