Standard Terms & Conditions of Usage

Last Revised: May 2020

Framework of Agreement

These Standard Terms & Conditions of Usage (STCU) only and exclusively govern the usage of this online Platform by you, the “Client” or the “User”. 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), applicable Standard Subscription Agreements (SSA) or complimentary trial agreements and these STCU shall only add to and complement these when and where required.

Duration, Access & Content of Agreement

Unless otherwise defined herein, the provisions of these STCU shall be equal in duration to the underlying RS, OF, SSA 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 and for certain services also access to Archives may be granted. If the User accesses the Platform on a complimentary trial basis, the User may be granted 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.

For the avoidance of doubt, the granting and the length of access to Services shall remain at the sole discretion of JBC Energy and JBC Energy may, as well upon its sole discretion, revoke any access to this Platform following prior notification being provided to the User.

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, SSA 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 they will neither communicate, distribute, transfer, sell, or otherwise furnish or permit to be furnished any of their 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.

In line with its Privacy Policy and in compliance with the applicable laws, including to Regulation (EU) 2016/679 (General Data Protection Regulation; GDPR), JBC Energy may use cookies or other tracking devices, such as provided by Matomo, to process from time to time the data as outlined above to enable JBC Energy to perform its contractual or other obligations under the underlying RS/OF/trial agreement as well as to enforce and exercise its rights thereunder, such as – but not limited to – verifying that these agreements are not violated, e.g. that a User’s access data or any of the Services or information contained in the Platform are not communicated, distributed, transferred etc. to any other persons or third parties.

Likewise, in order to further improve the functioning of our websites and to better understand how our websites are used, so we can tailor content for you and improve the user experience – in line with applicable legislation including, but not limited to, Regulation (EU) 2016/679 (General Data Protection Regulation, GDPR) and in accordance with the prerequisites laid down therein – we ask for your consent to using the personal data collected by as per the cookies put in place also for the purposes of Statistical Evaluation & Improvement of User Experience.

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.

Disclosure and Information pursuant to § 5 Austrian E-Commerce Act/Imprint

Owner: JBC Energy GmbH
registered with the Commercial Court of Vienna; FN 304295 v
Registered Office: Wollzeile 6-8, 1010 Vienna, Austria
Tel: +43 1 513 4922
info@jbcenergy.com
VAT Nr: ATU 63918979
General Line: Industry and company related information to customers and suppliers of JBC