General Terms and Conditions of use

General disclaimer

 

General Terms and Conditions of use

1. PREAMBLE

This document (hereafter the “General Terms”) defines the terms and conditions under which you may contribute to MyEnergyLink platform (hereafter the “Platform”) which General Terms include any other similar legal documentation such as but not limited to General Disclaimer, Personal Data & Cookies Charter available on the website Personal Data and Cookies Charter provided that such latter legal documentation and the General Terms are complementary and as such, all their respective terms and conditions shall be considered included in all the others and fully applicable. You agree to read and accept the General Terms without limitation or reservation by ticking the box provided when you log in and register to the Platform for the first time.

For sake of clarity, the General Terms shall similarly apply, as far as possible and if and when being relevant, to any visitor to MyEnergyLink website.

The purpose of the Platform consists in:

• developing a global B2B network by connecting reputable companies of the energy sector such as Oil & Gas and/or renewable energies companies as well as any other entities or institutional partners belonging to governmental or non-governmental organizations or agencies willing to offer their support to the development of the Platform,

and

• accelerating the time required to create the first contact with a view to promote, on a per country basis, industrial development projects between such reputable companies by matching their respective needs with company’s profiles of their other fellow Users.

 

2. GLOSSARY

The terms and expressions identified by a capital letter in the General Terms shall have the meanings shown below:

“Account”: refers to the digital work environment reserved to a User or Member, accessible at the end of the registration process and allowing the User to use the Services offered by the Platform.

“Services”: refers to the different kind of functionalities and services offered by the Platform.

 “User or Member”: any person creating an Account on the Platform on behalf of its company and/ or using, as the case may be, all or part of the Services.

 

3. LEGAL INFORMATION

3.1 Company publishing MyEnergyLink

EVOLEN, a non-profit organization organized and existing under the laws of France, having its headquarters at 45 rue Louis Blanc, (92400) Courbevoie, France with registered numbers RNA W922003547 and Siret 534 585 419 00011.

VAT number: FR76534585419

Email address: c.remoue@evolen.org

Publication director: Christophe REMOUE (General Manager)

 

3.2 MyEnergyLink creation, design and development

Cap Interactif, SARL with stated capital of € 9,147,
having its headquarters at 9 avenue Joffre – 92250 La Garenne-Colombes - France

Registered number: RCS (Paris) Nanterre B 420 313 439 

VAT number: FR81420313439

Contact: Danièle Lasserre (Associated CEO)

Email address: adele@cap-interactif.com

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3.3 Hosting

EVOLEN, a non-profit organization organized and existing under the laws of France, having its headquarters at 45 rue Louis Blanc, (92400) Courbevoie, France with registered numbers RNA W922003547 and Siret 534 585 419 00011.

VAT number: FR76534585419

Email address: c.remoue@evolen.org

 

4. USE OF THE PLATFORM

4.1 Prerequisites

Each User certifies that he complies with the General Terms and current applicable laws, regulations, decrees, norms, standards and the like and in particular, the User:

• has the required skills and means to access and use the Platform,
• has verified that the IT configuration used does not contain any virus and is in full working order,
• grants EVOLEN and EVOLEN’s partners, where applicable, a right to use the information provided (other than personal data), and
• User must keep confidential its access codes and passwords and is consequently liable for the use and security of these access codes and passwords. EVOLEN reserves the right to suspend your access to the Platform in the event of fraudulent use or attempts at fraudulent use of said access.

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4.2 Registration process on the Platform

4.2.1 Who is authorized to register on the Platform?

The Platform is dedicated to welcome reputable companies:

• • of the energy sector such as Oil & Gas and/or renewable energies companies, and
• • which conduct relevant activities compliant with the purpose as referred to in Preamble above and with categories and sub-categories such as browsed in the “Registration process” available on MyEnergyLink website.

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4.2.2 How to register on the Platform?

In order to use the Services, the User must create an Account and fill in the information required. The User shall choose a sufficiently secured password.

The “Registration process” (applicable when creating an Account by the User) shall consist in the following 3 steps:

Step 1: enter company details,

Step 2: enter contact details (of the User),

Step 3: enter activity profile of the company, using the built–in products and services browsed on the Platform (relevant scrolling text boxes).

The User will then receive a confirmation code validating its registration and allowing it to access the Platform and use the Services.

Once the User is registered on the Platform, he will be able to connect to its Account with the credentials provided during its registration.

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4.2.3 Use of the Services

On the Platform (aiming at promoting business opportunities between the Users), each User shall have the ability to:

• view its respective needs,
• view the company profiles of its other fellow Users, when matching,
• view  all the needs of its other fellow Users as well as its own company profile, when matching, and
• to create the first contact with other fellow Users, when matching.

For the purpose of these General Terms, “matching” means: the process of matching (via MyEnergyLink search engine) between needs & company profiles which all the foregoing are made available on the Platform by the Users.

This list of functionalities is non-exhaustive and may be modified in any time by EVOLEN, without its liability being engaged.

 

4.3 User’s Undertakings

Every User of the Platform must comply with the principles set out in the General Terms. Since Users are free to participate on the Platform, these General Terms establish a general and common framework for all, to avoid inappropriate use of the Platform. It applies to all of the Platform’s functions. 

The Users acknowledges that:

• these General Terms apply to all Users authorized to use the Platform,
• the Platform is intended for professional use only, and
• all Users are identified and speak on behalf of its company on the Platform.

The User also undertakes:

• to provide exact, complete, sincere, non-ambiguous information and to ensure, when necessary, the update in case of modification, and
• to protect personal data as required by applicable laws, regulations, decrees, norms and internal standards. They will refrain from using the Platform in any way that violates current laws, regulations, decrees, norms, standards and the like, or that undermines public order or offends common standards of decency.

 

4.4 Account deactivation

EVOLEN reserves the ability to deactivate an Account at any time, in particular if it is aware of the following situations, as for example:

• the User provided false/fake data and/ or information or contravened the rules governing the matching process and non-disclosure of data and information during its registration on the Platform (e.g.: by including any personal and/or confidential data or information which could allow by any manner the reader to identify the User’s company before formal acceptance by the User of a request for connection prior sent by the aforesaid reader),
• the User did not meet the security obligations towards its credentials, and
• the User attempted to make or did a fraudulent use of the Platform or its Services.

 

5. FORMAL NOTICE

5.1 The information (“Information”) available on this www.MyEnergyLink.com server is provided in good faith.

5.2 This Information is considered correct when it is published on the website. However, EVOLEN neither represents nor guarantees that the Information is comprehensive or accurate. You bear all the risks arising from your reliance on the Information. The Information is provided on the condition that you or any other person receiving it can determine its interest for a specific purpose before use. Under no circumstances shall EVOLEN accept liability for injury arising from reliance on the said Information, its use or use of a product to which it refers.

5.3 The Information shall not be deemed a recommendation to use information, products, procedures, equipment or formulae contravening a patent, copyright or registered trade mark. EVOLEN declines any explicit or implicit liability in the event that use of the Information contravenes a patent, copyright or registered trademark.

5.4 EVOLEN categorically rejects any interpretation which may assimilate the content of its websites to purchase offers or incitements to acquire shares or other listed or unlisted negotiable securities.

5.5 No explicit or implicit guarantee is given regarding the commercial nature of the Information provided or its suitability for a given purpose as well as the products to which said Information refers to.

5.6 Under no circumstances does EVOLEN undertake to update or correct the Information disseminated on the Internet or on its web servers. Similarly, EVOLEN reserves the right to amend or correct the content of its website at any time without prior notification.

 

6. INTELLECTUAL PROPERTY

Unless otherwise stated, all information or documents (text, animated or static images, databases, sounds, photographs, know-how, company names, logos and products and brands cited) stored on the Platform, as well as all elements created for the Platform and its general structure, are either the intellectual property of EVOLEN or intellectual property that they have been granted the right to use, duplicate or communicate. This information, documents and items are governed by laws protecting copyright insofar as they have been made available to the public via the Platform. No license or any right other than to view the Platform has been granted to any party with regard to intellectual property rights.

Any reproduction or use of copies made for other purposes is expressly prohibited and subject to prior and formal authorization from EVOLEN. In all cases, authorized reproduction of information stored in the Platform must mention the source and provide appropriate intellectual property references.

If you wish to create a hypertext link to this Platform, you must obtain prior written authorization from EVOLEN using the contact details provided at the end of this document.

 

7. UPDATES OF THE GENERAL TERMS AND APPLICABLE LAW

EVOLEN may update these General Terms at any time. EVOLEN therefore invites you to regularly read the most recent version of the General Terms.

If one or more provisions of these General Terms or the other standards cited were to be found inapplicable or prohibited by law, local public order regulations or the internal standards or contractual obligations at the User’s company, the other, unaffected provisions in the General Terms will still apply to Users to the extent provided by law or internal standards. 

These General Terms are governed by French Law and the competent French Courts shall have exclusive jurisdiction in case of any dispute concerning i) the interpretation or performance of these General Terms or ii) any matter arising out of or in connection with the Platform.

Any claim by a User must first be addressed to XXX (Specify service responsible for responding to these requests) by email at XXX or by regular mail at XXX, so that a preliminary internal mediation process can be conducted.

 

GENERAL DISCLAIMER

1. EVOLEN and its affiliates to the extent allowed under law, in respect of MyEnergyLink (whether related to the website or Platform) and Services as defined in the General terms:

1. 1. disclaim all implied warranties and representations such as but not limited to warranties of merchantability, fitness for general and/or particular purpose, non-infringement, accuracy or reliability of information, data and/ or similar content;
   2. inform User that, in relation with item (a) above, MyEnergyLink offers only the possibility to connect Members as defined in the General Terms, operating in the Energy sector such as Oil & Gas and/or renewable energies and accelerate the time required to create the first contact between such Members in order to foster the development of business opportunities/industrial development project(s) (called “PROJECT(S)”) among them. MyEnergyLink is not in any event and shall neither be considered nor be used by Users as an assistant, instrument, tool, device or system of any kind whatsoever entitling Users or dedicated for them to enter into, make, conduct, finalize, execute or manage negotiations, discussions, undertakings, arrangements, contracts, agreements (called “ACTIVITY(IES)”) of whatever form or kind in relation with the PROJECT(S), which said ACTIVITY(IES) shall always be and remain handled by Users or Members themselves under their sole responsibility and control at their risks, costs and expenses.
   3. do not guarantee that MyEnergyLink will be uninterrupted or error-free and provide the said website, Platform and Services (including any content, data and information of whatsoever nature) on an “as is” and “as available” basis.

 

As a consequence, User shall waive any right of recourse against EVOLEN, its partners, sponsors and  its/ their affiliates as well as against any other User or Member of MyEnergyLink COMMUNITY as defined below, resulting from and/ or in connection with the ACTIVITY(IES) or the use of MyEnergyLink, and User shall be liable for and release, protect, defend, indemnify and hold EVOLEN, its partners, sponsors and its/ their affiliates and any other User or Member of MyEnergyLink COMMUNITY harmless from and against any damage, loss, liability, claim, demand, suit, proceeding, judgment, cost, expense (including Court costs and attorneys' fees), fee, fine, penalty, and any other cause of action resulting from and/ or in connection with the ACTIVITY(IES) or the use of MyEnergyLink, howsoever caused and regardless if caused by the sole, joint or concurrent negligence of EVOLEN, its partners, sponsors and its/ their affiliates and/ or any other user of MyEnergyLink COMMUNITY.  

MyEnergyLink COMMUNITY: means in respect of MyEnergyLink and for the purpose of this GENERAL DISCLAIMER, any User or Member which connect to the Platform and/or use any Service offered thereof.   

 

2. EVOLEN, its partners, sponsors and  its/ their affiliates to the extent allowed under law, shall not be liable towards any User and/ or Member for any CONSEQUENTIAL LOSS, under contractual liability, tort law and/or under any theory of law, irrespective of cause including sole, joint or concurrent negligence, resulting from and/ or in connection with the ACTIVITY(IES) or the use of MyEnergyLink; and Users and Members  shall consequently  waive any right of recourse against EVOLEN, its partners, sponsors and its/ their affiliates and release, protect, defend, indemnify and hold EVOLEN, its partners, sponsors and  its/ their affiliates harmless from and against any damage, loss, liability, claim, demand, suit, proceeding, judgment, cost, expense (including Court costs and attorneys' fees), fee, fine, penalty, and any other cause of action resulting from and/ or in connection with the ACTIVITY(IES) or the use of MyEnergyLink.

User and Member (called “INDEMNIFIED USER (S)”) , to the extent allowed under law, shall not be liable towards other Users and/ or Members (called “INDEMNIFYING USERS”) of MyEnergyLink COMMUNITY for any CONSEQUENTIAL LOSS, under contractual liability, tort law and/or under any theory of law, irrespective of cause including sole, joint or concurrent negligence, resulting from and/ or in connection with the ACTIVITY(IES) or the use of MyEnergyLink; and the INDEMNIFYING USERS shall consequently waive any right of recourse against the INDEMNIFIED USER (S) and release, protect, defend, indemnify and hold the INDEMNIFIED USER (S) harmless from and against any damage, loss, liability, claim, demand, suit, proceeding, judgment, cost, expense (including Court costs and attorneys' fees), fee, fine, penalty, and any other cause of action resulting from and/ or in connection with the ACTIVITY(IES) or the use of MyEnergyLink.

CONSEQUENTIAL LOSS: means any loss of revenue, profit, anticipated profit, production, product, productivity, use, data, downtime, contract, business opportunity, reputation, image, statements which are offensive, libelous, defamatory and/or similar , or any indirect, incidental, special consequential or punitive losses, or damages of  any nature.

The liability of EVOLEN, its partners, sponsors and its/ their affiliates shall not exceed in aggregate for all liabilities, claims, demands, suits, proceedings, judgments, costs, expenses (whether by way of indemnity or in contract or in tort including and regardless of any liability whether strict or by negligence), an amount that is the lesser of (a) two (2) times the most recent yearly fee that (claimant) User or Member paid for access to MyEnergyLink, or (b) one thousand (1,000) EURO.

This limitation of liability shall apply even if EVOLEN, its partners, sponsors and its/ their affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

 

3. Should some laws may not allow certain disclaimers, then in this case, some or all of these disclaimers may consequently not apply to User.

 

4. User declares to have access (available on https://www.Evolen.org) and to have knowledge of the contents of Evolen’s Code of Ethics drafted in accordance with the applicable laws in force regarding the administrative liability of legal entities for offences committed by their directors, employees and/or agents.

 

In respect of its own business and the performance of its related activities, User:

1. declares to have given and implemented instructions, in a continuous manner, to its directors, employees and/or agents, aimed at preventing the commission or the attempt of any offence under the “1997 OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions” (the “OECD Convention”), the United Nations Convention against Corruption, and any applicable anti-corruption laws (e.g.: the U.S. Foreign Corrupt Practices Act or any other anti-bribery laws, as the case may be), and
2. undertakes in a continuous manner, to strictly abide by the principles of the Evolen’s Code of Ethics, available on the website https://www.Evolen.org

Evolen and User agree that any non-compliance with all or part of the aforementioned declarations and undertakings, which deemed to adversely impact Evolen, partners, sponsors, its/their affiliates and/or MyEnergyLink Community in any manner whatsoever, shall be considered as a material default and therefore entitles Evolen to take the following actions:

1. disclose any information or data related to such User to the relevant authorities such as governmental, judicial, regulation or any other similar entity or agency,  and/or comply with any of their demand or instruction in relation thereof,
2. suspend and/or delete at its sole discretion, such User’s Account on MyEnergyLink, and/or
3. take any other actions deemed to protect the interests, image and reputation of Evolen, partners, sponsors, its/their affiliates and/or MyEnergyLink Community.

Pursuant to the foregoing, Evolen shall notify such User with a written notice of default with a brief summary of the circumstances or of the legal proceedings bringing evidence of such a non-compliance.

Should any information be obtained from the press or any other relevant media that could reasonably imply such a non-compliance, Evolen shall in a similar way have the right to suspend and/or delete such User’s Account as soon as such information being confirmed by an official document issued by and/or otherwise confirmed by the judicial authorities.

User acknowledges and agrees to bear in any event all expenses and costs arising out of and/or in connection with such non-compliance, and further waives any right of recourse against Evolen, partners, sponsors, its/their affiliates and shall release, protect, defend, indemnify and hold Evolen, partners, sponsors, its/their affiliates harmless from and against any damage, loss, liability, claim, demand, suit, proceeding, judgment, cost, expense (including Court costs and attorneys' fees), fee, fine, penalty, and any other cause of action arising out of and/ or in connection with  such non-compliance.