Standard Terms & Conditions of Usage
Last Revised: August 2018
Framework of Agreement
These Standard Terms & Conditions of Usage (STCU) only and exclusively govern the usage of this online Platform. The usage of Services (e.g. provision of analysis, comments, charts, data points and assessments in the form of research reports; analysis and data deliveries in written form; expert Market Watch presentations, Webinars and Videos; and research on request) shall entirely be governed by any current and valid underlying agreement or understanding between JBC Energy and the Client – which shall remain the basis for the access to JBC Energy’s Services - such as but not limited to signed Research Services Contracts (RS), signed Order Forms (OF) or complimentary trial agreements and these STCU shall only add to and complement these where required.
Duration, Archive Access & Content of Agreement
Unless otherwise defined herein, the provisions of these STCU shall be equal in duration to the underlying RS, OF or trial period (the duration of which is at the sole discretion of JBC Energy) or the factual access to the Platform – whichever is the longer.
This online Platform will allow the User to access certain Services as per the underlying RS/ OF/trial agreement (e.g. retainer reports) as soon as the Services have been published or become generally available on the online Platform. The length of historical access to Services shall remain at the sole discretion of JBC Energy. For the avoidance of doubt, JBC Energy may, upon its sole discretion, revoke any access to these archives upon notification of termination having been provided/received by either Party to the underlying RS or OF, in line with the provisions laid down therein. If the User accesses the Platform on a complimentary trial basis, the User will have access via the Platform to all Services as laid out in the respective complimentary trial communication as of the start date of the complimentary trial.
Use of Data & Proprietary Rights
For the avoidance of doubt, the rules on the usage of data as well as proprietary right as laid down in the RS, OF or complimentary trial agreement shall remain unchanged and unaltered by the provisions in this STCU.
In addition to this, the User may only access the online platform using his/her own access data, which includes but is not limited to registered email addresses and passwords. In line with JBC Energy’s GDPR and data protection regime (see http://online.jbcenergy.com/account/dataprotection), it will use the personal data provided by the User in full compliance with all applicable data protection regulation.
The User warrants vis-à-vis JBC Energy that he/she will neither communicate, distribute, transfer, sell, or otherwise furnish or permit to be furnished any of his/her access data nor all or any of the Services or information contained in the Platform to any other persons or third parties without the express written consent of JBC Energy.
The User agrees and acknowledges that all proprietary rights of JBC Energy in the tool and device of this online Platform (the “Intellectual Property”) are and shall remain the property of JBC Energy and that nothing in any part or the whole of these STCU shall be construed to transfer or convey any Intellectual Property rights. The User also agrees to protect all Intellectual Property rights of JBC Energy and the User shall honour and comply with all reasonable requests to protect the contractual, statutory, and common law rights of JBC Energy. The User acknowledges that JBC Energy is entitled to injunctive relief to prevent a breach or future breach of the provisions of this STCU without prejudice to any other relief including a claim for damages. Such measures may include, but be not limited to, suspension of the User’s access to the online Platform.
Warranties & Limitations of Liabilities
JBC Energy makes no warranties or representations that the online Platform and access thereto will be free from outages and disruptions and shall bear no liability vis-à-vis the User in such cases. Furthermore, for the avoidance of doubt, JBC Energy shall incur no liabilities whatsoever from the User accessing this online Platform and the User shall not be entitled to claim any losses, damages, costs or expenses of any nature whatsoever from JBC Energy under these STCU