These Terms and Conditions (“Terms”) govern the relationship between Stichting European Federation of Energy Traders, operating under the brand name “Energy Traders Europe”, having its registered office at Keizersgracht 62, 1015 CS Amsterdam, the Netherlands, and registered with the Dutch Chamber of Commerce (KvK) under number 34114458, VAT No: [NL808 304 240 B01] (“we”, “us” or “Energy Traders Europe”), and the company or organisation identified in the relevant order or registration (“Client”, “you” or “your”), for access to the “Energy Market Fundamentals Training” online learning platform operated by us and available under: [energy-markets-training.eu] (the “Platform”) by the Client’s employees, contractors, managers or other authorised users (“Users”). The user login is provided based on the email domain of the company purchasing the subscription. By ticking the box on the registration form, or otherwise confirming acceptance, the person acting on the Client’s behalf confirms that they are authorised to bind the Client to these Terms.
1. Applicability and formation of the agreement
These Terms apply to every order, subscription or registration through which the Client obtains access to the Platform and take precedence over any purchase order or other terms the Client may put forward, unless we have agreed to those terms in writing. The agreement is formed when the Client submits the online registration form and successfully completes payment at checkout, or, where we invoice the Client separately, when we confirm the Client's order in writing. The Client declares and confirms that it enters into this agreement as an entrepreneur in the course of its business activity and not as a consumer, thus no statutory right of withdrawal or other consumer protection laws apply.
2. Access and use of the Platform
We grant the Client a non-exclusive, non-transferable right to give its Users access to the courses included in the Client's subscription, for the Client's own internal training purposes, for the duration of the subscription. Unless the order confirmation states a maximum number of Users, the Client may register an unlimited number of Users. Access is personal to each User and may not be shared, resold, sublicensed or made available to anyone outside the Client's organisation. The Client is responsible for ensuring its Users comply with these Terms and with any fair-use or acceptable-use rules we publish on the Platform.
3. Acceptable use
Users may not use the Platform for any unlawful purpose, to upload or share any content, to amend any content or functionality of the Platform or to attempt to gain unauthorised access to the Platform or interfere with its proper functioning. We may monitor use of the Platform to the extent necessary to protect its security and integrity, and may suspend or terminate a User's access, without owing compensation, if we reasonably believe this Article has been breached.
4. Fees and payment
The applicable fee is shown and confirmed at checkout when the Client submits the online registration form. Unless we agree to invoice the Client separately, payment is due immediately at checkout, using the payment method the Client selects there, and access to the Platform is granted once payment has been successfully processed. If payment is declined or not completed, no agreement is formed and no access is granted. For renewals, we will collect payment in the same way or send an invoice payable within 30 days, at our discretion. If an invoiced payment is not received in time, we may charge statutory interest and suspend access to the Platform until payment is made, without owing any compensation for the resulting downtime. All fees are exclusive of VAT and other applicable taxes (except for companies domiciled in the Netherlands), and we will send the Client a receipt or invoice for each payment.
5. Membership-linked pricing
The fees payable for the Client's subscription may depend on whether the Client is a member of Energy Traders Europe at the time of the relevant order or renewal. If the Client's membership status changes during the subscription term, the applicable fee will be adjusted from the next renewal date only; a change in membership status does not affect fees already invoiced or paid for the current subscription term.
6. Duration, renewal and termination
The subscription runs for the period stated in the order confirmation. Either party may terminate the agreement with immediate effect if the other party is in material breach of these Terms and fails to remedy that breach within 14 days of being notified, or in the event the other party enters bankruptcy, winding-up or similar proceedings. On termination, the Client's and its Users' access to the Platform ends; fees already paid are not refunded unless the termination is due to our material breach, in which case a proportional fair portion of the fees may become refundable to you. Subscriptions can be renewed by the Client through the submission of a new order.
7. Client responsibilities
The Client is responsible for the accuracy of the information it provides when registering, for keeping login credentials confidential, and for any activity that takes place through its Users' accounts, including any use of the Platform before it notifies us of a suspected unauthorised use. The Client undertakes to notify us promptly of any unauthorised use it becomes aware of.
8. Intellectual property
All courses, materials, software and other content made available through the Platform remain the property of the Energy Traders Europe or its licensors. Nothing in these Terms transfers any intellectual property rights to the Client, beyond the limited right of use described in Article 2. Users may not copy, record, distribute or create derivative works from the course materials without our prior written consent.
9. Certificates
On completion of a course, a User may receive a certificate confirming that completion, issued by Energy Traders Europe. This certificate is not accredited or formally recognised by any government body, educational authority or professional body, and does not by itself confer a professional qualification. The Client acknowledges this when it registers its Users for a course.
10. Availability; no warranty
We take reasonable care to keep the Platform available and to ensure the courses are accurate and up to date, but we do not guarantee uninterrupted or error-free access, and we may carry out maintenance or make changes to the Platform or course content from time to time. The Platform and its content are provided “as is”, without any explicit or implied warranty as to fitness for a particular purpose, completeness, accuracy or any other quality of the Platform and its content; the Client is responsible for the security of its own network and devices. We give no explicit or implied warranty that completing a course will lead to any particular qualification, certification or outcome.
11. Limitation of liability
Our total liability towards the Client under or in connection with the Platform and its use, whether in contract established by these Terms, tort or otherwise, is limited to the fees paid by the Client in the twelve (12) months preceding the event giving rise to the claim. Notwithstanding the aforesaid, we are not liable for any indirect or consequential damage or loss, including but not limited to loss of profit, loss of business, loss of goodwill or loss of data. Nothing in this Article limits our liability for death or personal injury caused by our negligence, for damage caused by our intent or wilful recklessness (opzet of bewuste roekeloosheid), or for any liability that cannot be limited or excluded under Dutch law.
12. Indemnification
The Client will indemnify and hold us harmless against (i) any loss or damage caused by breach of these Terms by the Client and/or any of its Users and (ii) claims brought by third parties, including its own Users, arising from the Client's and/or its Users’ breach of these Terms or its misuse of the Platform.
13. Data protection
Each party will comply with applicable data protection law, including the GDPR, in connection with the personal data of Users processed through the Platform. We use that data to properly operate the Platform, administer the Client's account and process payment, and, where the Client has not opted out, to send information about our courses.
14. Force majeure
Neither party is liable for a failure to perform its obligations if that failure results from unforeseeable circumstances beyond its reasonable control, including internet or power outages, failures of third-party service providers, or government measures.
15. Governing law and disputes
These Terms are governed by the laws of the Netherlands. Any dispute arising from or in connection with these Terms will be submitted to the competent court in Amsterdam, the Netherlands, unless mandatory law provides otherwise.
16. Miscellaneous
We may update these Terms from time to time by publishing their newer version on our website [www.energytraderseurope.org]. If any provision of these Terms is found invalid, the remaining provisions stay in force. The Client may not assign its rights or obligations under these Terms without our prior written consent.