(1) These terms and conditions govern the use of the website live.ect.energy (hereafter “Platform”) and the services offered on the Platform by RWE Supply & Trading GmbH (hereinafter “RWEST”) and the user of this Platform (hereinafter “User”) and the company with whom RWEST has already concluded an individual customer agreement (“hereinafter Customer”). The Customer shall be held liable for the compliance of these terms and conditions by the User. RWEST is solely responsible for the Platform and its contents. Any claims by the User and/or the Company shall be made against RWEST.
(2) These terms and conditions may be amended, modified or substituted from time to time. The terms and conditions are also applicable for all upgrades provided by RWEST which amend or substitute the current Platform. The terms and conditions may be changed unilaterally at any time by RWEST. Should this be the case, the User shall be informed accordingly.
(3) The use of the services offered by RWEST on the Platform is subject to the acceptance of the terms and conditions by the User and the existence of a valid individual customer contract (hereinafter “Customer Contract”).
(4) The User confirms with the acceptance of these terms and conditions that he/she holds the respective authorization and abilities to use the Platform.
(1) The following terms and conditions shall apply for each and all transactions, which are registered or concluded on the Platform. The scope of the tradable products on the Platform shall comply with the existing Customer Contract between RWEST and the Customer, for which the User operates.
(2) The products, which are admitted for transactions of the respective User on the Platform are set out and result from Customer Contract concluded between RWEST and the Customer.
(3) The User is obliged to conclude transactions in the name, on behalf of and on account of the Customer and not as representative of a third party. The Customer is directly and indirectly liable for the fulfillment of all transactions concluded under these terms and conditions. If the User trades under a third party name for a third party, RWEST will not accept the third party as party to the contract and will consider the respective transaction(s) as invalid.
(4) RWEST shall not be obliged to verify the suitability of a transaction for the Customer. Furthermore, RWEST shall not be responsible for reviewing the development of a transaction and informing the User about the respective development of the transaction.
(5) The submission of a purchase or sale bid by the User shall be considered as a binding offer for the conclusion of an individual contract with RWEST. Should RWEST accept the offer, a confirmation of the individual contract shall be submitted and shall be immediately accessible on the Platform. This confirmation shall be regarded as the binding acceptance of the offer by RWEST.
(6) Should the User indicate interest on the platform in the purchase or sale of a tradable product which is not offered in that form on the Platform (market volume) RWEST is free to name a price range at which the purchase or sale of the tradable product can be carried out (invitatio ad offerendum). Should the User consent to the price range quoted, a legally binding sales and purchase offer of the User is made upon the submission of the consent. Should RWEST accept the offer, the User will receive a confirmation which, amongst other things, will indicate the concrete price bid by the User for the purchase or sale. The confirmation represents a binding acceptance of the User’s offer by RWEST.
(7) RWE reserves the right to check the offers received for plausibility in terms of amount, price, delivery period or any other criteria. Should RWEST see any signs that there are reasons to reject the offers received, RWEST shall contact the User immediately. The User is obliged to provide RWEST with all information necessary to establish the facts. Should the objections of RWEST remain unresolved, RWEST shall not be obliged to consider the offer.
(8) An offer from the User is only valid, if the offer considers all specifications of these terms and conditions as well as the terms of the individual Customer Contract between RWEST and the Customer. If the offer of the User does not meet these requirements, RWEST is free to reject a corresponding offer. This also applies to offers which violate any transaction limits of the company on whose behalf the User is acting. If an offer should be rejected, the User shall be immediately notified via the Platform.
(9) The prices displayed on the Platform take into account a variety of factors, such as the level of the corresponding market prices or the customer-specific credit risk factors calculated by RWEST.
(10) The remaining terms and conditions of the transaction and/ or legal consequences shall comply with the underlying individual Customer Contract between RWEST and the Customer.
(11) The information, data overall contents displayed on the Platform shall not be interpreted as advice to conclude a specific transaction. The displayed information does not take the trading strategy and/or the financial situation of the Customer into account. The information displayed on the Platform shall not be interpreted as a recommendation as to the sale or purchase of a product offered by RWEST. Statements which refer to trends shall be interpreted as non-binding assessments by RWEST.
(1) On the Platform, gas products are offered, which are subject to physical compliance restrictions. These gas products are each marked with the suffix "25BKV". For products marked in this way, the provisions of §25 of the Balancing Agreement (BKV) shall apply with the relevant market area coordinator. By purchasing / selling these products, the Customer undertakes to comply with and to fulfill the provisions of Section 25 of the Balancing Agreement (BKV). On request, the Customer shall provide RWEST with evidence of the physical fulfillment. To the extent that the Customer has not provided such evidence culpably, the Customer shall indemnify RWEST against any liability arising therefrom (contractual penalties and damages) of the market area coordinator.
(1) RWEST grants the User a non-exclusive and non-transferable right in relation to the access to the Platform as well as the usage of the information and data provided as agreed on the Platform. In case there is no agreement, the usage of the data and information on the Platform shall comply with the purpose pursued by RWEST for the provision of the data and information.
(2) The User shall have the right to view the information displayed on the Platform on a web browser. The information displayed on the Platform may not be reproduced, modified, linked, made accessible to third parties, presented in public, distributed or transferred without the prior written approval of RWEST by the User. The usage of the platform is permitted solely for business purposes.
(3) The contents of the Platform are protected by copyright. All rights for the protection of intellectual property (e.g. copyrights, patent- and trademark rights) in respect to the contents displayed on the Platform remain with RWEST, the licensor, respectively. The User does not acquire any rights or licenses in relation to the contents of the Platform with the registration on the latter. The reproduction of information or data, especially the usage of texts, excerpts or illustration material require the prior written approval of RWEST.
(1) The usage of the Platform takes place at the User’s own risk. RWEST endeavors to ensure that the contents, information and data displayed on the Platform are at all times up to date and accurate.
(2) RWEST assumes no guarantee nor liability that the Platform is malware-free and/or the error-free data transmission of the Platform and of the services, information, data, contents provided on the Platform.
(3) The Platform is accessible via an internet connection and an appropriate web browser. The User bears all costs relating to the electronic access to the Platform.
(4) The Customer is obliged to provide for the respective hard- and software and necessary licenses, service and maintenance of the above for the use of the Platform. Any software or other equipment, which is necessary for the use of the Platform, must be purchased, installed and updated appropriately by the Customer.
(5) The Customer is obliged to establish appropriate security devices, as well as set up precautionary measures in order to avoid malware. The User may not transmit in the course of the use of the Platform any data which contains malware, harmful programs or any other harmful software which is suitable to corrupt the Platform. RWEST may block the access to the Platform without previous notice, especially if the User infringes the obligations set out herein. In such cases the User will be informed accordingly without undue delay.
(6) Due to reasons of security, RWEST is free to automatically log the User out, in case the User is inactive for a certain period of time. The remaining 15 minutes prior to the logout will be displayed to the User on the Platform. The User may extend the already commenced session within the remaining 15 minutes, in order to prevent the automatic logout. The extension of a session is only possible to a limited extent. The User is not entitled to get an extension of a session.
(7) The use of the Platform must comply with the applicable laws, rules and regulations. Any deviating use is inadmissible. RWEST expressly reserves any and all rights to take legal actions in case of non-conforming and or improper use of the Platform.
(8) RWEST may make amendments or changes to the provided information and/or data on the Platform, without prior notice.
(9) Neither User nor Customer are entitled to any claim in relation to the maintenance of the Platform or any support in relation to the Platform.
(10) Questions, complaints or claims shall be addressed to RWE Supply & Trading GmbH, Altenessener Strasse 27, 45141, Tel.: +49 201 5179 3301, email: admin@ect.energy
(1) The access to the Platform is password protected. RWEST will assign and provide each User an individual password. This password shall be changed by the User after the first log-in. The password chosen by the User shall contain at least 8 characters and both upper and lower-case characters, as well as at least one special character and at least one digit. The User shall furthermore change his password on a regular basis. The new password shall not be identical to the last 12 passwords of the User. In order to limit the administrative effort to a reasonable extent, the User shall only be able to change his/her password once a day at a maximum, unless there is a different written agreement to the contrary between RWEST and the User.
(2) The User shall be responsible for the keeping the account data and password confidential. The password shall be kept confidential and safe and shall not be passed to a third party. In case of concern that a third party might have obtained a password or a password has been used without authorization, the User shall inform RWEST without undue delay. This applies also in such cases in which the unauthorized use of a password seems likely.
(3) The Customer shall agree to be held responsible and liable for all and any activity carried out via the account(s) and/ or password(s) of its User(s).
(4) Due to security reasons RWEST shall be free to suspend the access of a User, in the event that the password has been entered incorrectly several times. The password can be reset by RWEST after the access has been suspended. RWEST shall in such cases not be subject to any time limit and shall not be held liable for any delays.
(5) The User shall commit towards RWEST to observe the specifications contained in agreements concluded with third parties, in case such an agreement is required for the use of the Platform. The User shall obtain a security token from a second factor service provider specified by RWEST for the identification and authentication of the User in order to meet RWEST’s high security standard in relation to the access to the Platform. The above obligation does not apply to technical users who operate automated or algorithmic trading. The User shall for this purpose install the required software and/or application on a suitable device. Should there be any indications that a third party, e.g. via loss or theft of the smartphone of the User, has obtained access to the account of the User, the User shall apply to RWEST for the immediate deactivation of the account of the respective User. The deactivation of an account can solely take place via telephone on the following telephone number: +49 201 5179 3300.
(6) The User shall not use the Platform (i) in a manner which is suitable to disruption, damage or impair the access to the Platform in any way, or (ii) in a fraudulent manner.
(7) The User shall ensure that comments entered into the Platform shall not infringe the applicable laws, rules and regulations, especially the stock exchange law or any other confidentiality obligations.
(8) In case the User infringes the applicable laws, rules and regulations, these terms and conditions and/ or the Customer Contract, RWEST may, at its own discretion, withhold certain services of the Platform, suspend User accounts or remove and/ or change certain contents of the Platform.
(1) RWEST endeavors to ensure at all times that the Platform is available interruption-free and that all data transmissions are accurate. However, due to the constitution of the internet, this cannot be guaranteed. The access to the Platform may be disrupted and/ or constrained at times in order to enable repairs, maintenance and/ or the introduction of new technical installations and/or services. RWEST shall endeavor to limit the frequency and duration of such interruptions or impairments. RWEST shall therefore not be liable for any damages resulting from changes in the market price which may arise from the non-availability of the Platform, as far as permitted by the applicable laws, rules and regulations.
(2) The User shall only be entitled to use the Platform within the scope of the current technical level. RWEST may restrict its services, if necessary due to capacity limits, in order to ensure the safety or integrity of the server or in case such a limitation is necessary to undertake certain technical measures required to ensure the provision of the services in due or in an improved form (maintenance). RWEST endeavors in such cases to take the reasonable interests of the User into account by, e.g. providing a notification in advance. RWEST shall in such cases not be held liable for any damages, which may result from the unavailability or partial unavailability of the Platform, as far as permitted by the applicable laws, rules and regulations.
(3) RWEST shall endeavor to inform the User in a timely fashion and appropriate manner in the case of an unexpected system failure, which may impede the use of the services provided by RWEST. Offers or bids which end during maintenance work necessary to rectify the failure shall not be extended. RWEST shall not be held liable for the non-availability or partial non-availability of the Platform as far as permitted by the applicable laws, rules and regulations.
(4) In all other respects, RWEST shall be liable for any culpable breach of essential obligations of these terms and conditions, but in the case of ordinary negligence only up to the amount of the typical damage foreseeable upon confirmation of these terms and conditions. Essential obligations of these terms and conditions are those whose fulfillment shape the term and conditions and which the Customer may trust. RWEST is only liable for the violation of non-essential contractual obligations in case of willful intent or gross negligence.
(5) The stipulations of the product liability law remain unaffected.
(6) Insofar as the liability as set out above has been excluded or limited, such exemption and/ or limitation of liability shall also apply to the personal liability of the employee, staff and bodies of RWEST as well as the agents of RWEST including the employees, staff and bodies of the agents.
(7) Neither the terms and conditions directed at the User nor the infringement thereof constitute claims of the RWEST against the User. The Customer is responsible for compliance with all regulations of these terms and conditions by the User. . In the case of infringement of the stipulations set out in the terms and conditions as set out in their current form, solely the Customer shall be held liable, as far as permitted by the current laws, rules and regulations. Claims of RWEST against the User are excluded.
(8) RWEST shall not be liable for any actions and/ or services by any third party, which is neither a legal representative nor an agent or assistant of the User or RWEST.
(1) Should a third party assert and infringe upon any rights in relation to the Platform, the ownership or the use of the Platform, solely RWEST shall be responsible for the investigation, defense, settlement or acquittance of such claims brought forward by a third-party. The Customer shall provide to best of his/her ability cooperation and support which is typically required for the investigation, defense, settlement or acquittance of claims brought forward by a third-party.
(1) RWEST may send notifications to the email addresses provided by the User. The Customer is responsible for ensuring that the respective data provided to RWEST is accurate and complete and that RWEST is informed without undue delay about any changes to the data provided by the User or by the Customer. This shall apply particularly in the case of a change of User.
(1) The User shall treat any information, whatever kind, obtained from the Platform as strictly confidential.
(2) The use of the information is solely permitted for the purposes for which the respective information has been provided by RWEST to the User.
(3) The disclosure of information or parts of the information requires the prior written consent of RWEST. Confidential information may be disclosed to employees and consultants of the Customer, such as lawyers accountants and/ or auditors without the prior written consent of RWEST but solely to the extent necessary. The User shall inform RWEST about the disclosure of confidential information to a consultant and the scope of the disclosure and the name and business address of the respective consultant. The Customer shall oblige the consultant to adhere to the confidentiality stipulations as set out in these terms and conditions, provided such confidentiality obligations do not already apply due to an already existing employment or service contract.
(4) The confidentiality obligation does not extend to:
(a) information that is generally known or accessible at the time of disclosure, without any fault of the User;
(b) Information which is already known to the User at the time of the disclosure from his own work;
(c) Information which has been made accessible to the User by third parties as non-confidential;
(d) Information to be disclosed by the User in accordance with existing legislation or on the basis of legally binding administrative or judicial orders. In this case, the User must inform RWEST immediately and prior to the disclosure of the confidential information, and to coordinate the further procedure.
(5) Should a User refer to any of the above-mentioned exemptions, the User shall bear the burden of proof. RWEST shall be informed in writing, prior to the disclosure or provision of confidential information as set out in the exemptions described in clause 4 (a) – (d).
(6) The User undertakes to protect all information from unauthorized access by means of suitable security measures.
(1) The laws of the Federal Republic of Germany shall be exclusively applicable.
(2) Sole court of jurisdiction for all disputes arising in connection with Platform shall be Essen, provided compulsory legal regulations do not require otherwise.
(3) If any provision of these terms and conditions are found to be void or unenforceable, such provision shall be deemed to be deleted from these terms and conditions and the remaining provisions of shall remain in full force and effect. Such unenforceable provision shall be substituted by an enforceable provision, which corresponds to the content and rationale of the unenforceable provision as far as possible. This shall also apply in the case of unintentional incompleteness of the terms and conditions.
(4) Should the terms of the already existing, individual Customer Contract be in conflict with these terms and conditions, these terms and conditions shall prevail. The stipulations of the Customer Contract shall, apart from that, remain unaffected.
Please note that this a non-binding translation of the terms and conditions for the Platform as set out in German (Nutzungsbedingungen). In case of conflict between this translation and the terms and conditions as set out in German, the German version of the terms and conditions shall prevail.