TERMS AND CONDITIONS
“Energy Premier DOO” is an owner of the online platform energypremier.com through which it provides intermediation and advertising services in order to provide electricity supply offer for the interested users on their online platform.
The service provider is obliged, when using the services provided by the Energy Premier, to act conscientiously, without any misuse and in accordance with all instructions received while using the software of the Energy Premier site.
1. TERMS DEFINITION
1. Service User – a natural or a legal person who uses the services provided by the energypremier.com, or a person engaged by the energypremier.com to perform these services, who uses or pays the software or a website provided by the energypremier.com.
1.2 Profile – a collection of visual and non-visual essential data and elements related to a single user, natural or legal person who advertises electricity supply, or a legal person, a licensed supplier who intends to offer a certain price, as well as all that is described or entered by the user while registering a profile. Hereinafter “Profile”.
1.2.1. The Profile as a data collection represents the personal right of the User, and as such right it is not transferable to other natural or legal persons, that is, it makes an obligation for the User that only he/she uses his/her Profile and it ensures that no any third party can enter the Profile. Opening or using a Profile that refers to someone else’s name or firm is liable.
1.3 Services - any service available with a fee on the online platform by energypremier.com, whether it is performed by the “Energy Premier DOO” or by a natural or a legal person engaged by the “Energy Premier DOO”, and the “Energy Premier DOO” can modify its online services at any time.
1.4 Advertising- an advertisement through a medium recommended by the Advertiser, its business activity, an electricity consumption profile, commercial data or other information in order for the Licensed Supplier to provide the best possible offer at a specified desirable date requested by the User.
1.5 Advertisement- a data collection referred to the electricity consumption profile and the commercial advertiser’s requirements that the Advertiser has entered in his/her Profile in accordance with the terms and conditions of the energypremier.com platform.
1.5.1. There is a positive presumption about the accuracy, completeness and truth from the advertisement’s data.
1.6 Offers Collection- a User’s promise to another User that he/she will conclude an Electricity Supply Contract, in relation to the electricity consumption profile announced publicly on the energypremier.com platform and the commercial data – subject of advertising, pursuant to all essential elements from the Advertisement that the User has accepted by the act and the price offer.
1.6.1. A legal connection is created only for the users of the Service when they offer a price for an advertisement, who through the advertisement and the price offer have agreed on the essential elements referred in the advertisement itself, and an obligation of fee payment on the basis of the service package is derived from this connection, as well as the possibility of concluding the Electricity Supply Contract with established reservation elements.
1.7 Public Information- for the purposes of these Terms and Conditions, Public Information shall be all information and content by the Users of the online platform by the “Energy Premier DOO”, which are not marked as secret information or information that cannot be publicly displayed. Hereinafter: “Public Information”.
1.8 Personal communications of the Users on energypremier.com will not be public if the User accents that there communications should not be public.
2. BASIC PROVISIONS
2.1. The User is aware of and agrees with these Terms and Conditions for using energypremier.com and any online platform and software owned or managed by the “Energy Premier DOO”, and declares that he/she has agreed with the Terms and Conditions and that they are not unknown.
2.2. By using the Services, the User declares that he/she has read, understood and accepted the Terms and Conditions.
2.3. The User agrees that the relation between him/her and the Energy Premier will remain in accordance with the applicable regulations of the Republic of Serbia.
2.4. The User agrees that if it comes to dispute, the competent court is the court in Belgrade, the Republic of Serbia.
2.5. By accessing these Terms and Conditions, you declare that you are introduced to the terms used in these Terms and Conditions, and that you are aware that you can find each term on the Internet browser. For example: Accountability, Cookies, Pixel Tags, and other.
2.6. “Energy Premier DOO” reserves the right to change and update the Terms and Conditions at any time. All changes and updates are available immediately, or when the changes and updates regulate that themselves.
2.7. When opening the Profile or using services provided by the “Energy Premier DOO”, you are obligated to follow the instructions that accompany the concrete service. The instructions can be provided when opening the Profile, while using the Profile, or while using services, as well as in the communication between the User and the “Energy Premier DOO”.
2.8. The “Energy Premier DOO” guarantees to provide services with a care of good businessman, not with a care of good expert, that is, the “Energy Premier DOO” does not guarantee disproportionate or proportionate skill level, attention or speed while performing its services.
2.9. The “Energy Premier DOO” provides sight services, as well as the people hired by the “Energy Premier DOO” do not provide any guarantee nor explicitly determine the scope of their services or the software use.
2.10. If you use services or a software by the “Energy Premier DOO” as a legal person, these rights, obligations and liability from the Terms and Conditions apply to you and to a legal person in whose name and account are managed by you.
2.11. If the “Energy Premier DOO” does not immediately act after the request by the User, it cannot be interpreted as a cancelation of further action by the “Energy Premier DOO” or its rights.
2.12. It is forbidden to use the name, logo or web design of the Energy Premier, as well as any confusing similar tags or intellectual property rights for personal use, for commercial exploitation, personal benefit or benefit of others, or for other purposes that publish above mentioned elements.
2.13. The “Energy Premier DOO” can transfer all rights and obligations in case of changes in status, a company sales or a company property.
2.14. These original Terms and Conditions are made in Serbian language, and in case of conflict with the other language versions, the Serbian version is valid and legally binding.
2.15. The sanction for non-compliance with all Terms and Conditions can be a removal of the Profile by energypremier.com while saving all available data.
3.1. The User declares that he/she releases the “Energy Premier DOO” from responsibility for any profile, person or subject opened on his/her name. The User is fully aware that the “Energy Premier DOO” enables software and online platform to open such a profile and does not guarantee about the accuracy of the data, as well as the “Energy Premier DOO” does not control who is the subject of such a profile, so therefore cannot be responsible for any damage from a profile, and also for insulting or disrupting reputation.
3.2. The Profile is verified for use by the “Energy Premier DOO” 24 hours maximum after registration by the administrator.
3.3. The content entered by the User when he/she creates a Profile must be accurate and true, correctly and grammatically written, must not contain unnatural use of symbols such as long lines of same dots or symbols, must not contain information that belongs to the privacy domain (for example race, sexual orientation, emotional details from that person’s life, and other), must not harm the rights of the other people, and must not represent the Profile as an official website of that person.
3.4. The natural person who creates Profile must be at least 18 years of age and must own a minimum one electricity odometer on his/her personal behalf, while the legal person that creates Profile must be registered by the active legal regulations and must have a minimum one electricity odometer on his/her personal behalf. A user of the platform that is registered as an Electricity Supplier must have a valid license to perform the electricity supply activity.
3.5. An advertisement for electricity supply can be published more times from one opened Profile, depending on the package that the User has.
3.6. In any case, for extension of the Electricity Supply Contract and after expiration of the agreed period, the User must repeat the extending procedure of the Electricity Supply Contract by publishing a new advertisement.
4. USING THE SERVICES
4.1. The User is obligated to appreciate the procedure and the other rules for using the services provided by the “Energy Premier DOO”.
4.2. The User agrees that the “Energy Premier DOO” can engage other persons as a subcontractor of the ordered services.
4.3. The User also agrees that the “Energy Premier DOO” is not responsible for the quality, diligence or accuracy of the obligations from the Contract, which in such a relation is performed by legal or natural persons who have mutually concluded the Contract through the energypremier.com online platform.
4.4. The User agrees that “Energy Premier DOO” is not responsible for any damage as a result of actions taken by the Electricity Supplier whom which the User has signed a Contract through energypremier.com online platform.
4.5. The User agrees not to use the “Energy Premier DOO” services or any software by “Energy Premier DOO” contrary of the purpose or nature of that service or software.
4.6. The User agrees to not access the services provided by the “Energy Premier DOO” in any other way than the official way for providing such services, and in a manner that is appropriate to the nature of executing such services.
4.7. The User agrees to use services provided by the “Energy Premier DOO” only in accordance with the law in the territories where the online platform is active, and that the “Energy Premier DOO” can deny him/her the interaction or service provision in case when the User’s behavior is contrary to the laws and regulations, as well as contrary to the Terms and Conditions.
4.8. While using services on energypremier.com, the User does not gain a proprietary on the intellectual property that is part of the services by “Energy Premier DOO”, nor on the content or data occurred in executing those services.
4.9. The User agrees not to use the content from the mentioned services or interactions with the “Energy Premier DOO” without permission by the “Energy Premier DOO”.
4.10. The User agrees not to remove or modify Terms and Conditions and other available policies, instructions or documents by the “Energy Premier DOO”.
4.11. The User agrees that “Energy Premier DOO” can deliver him/her communications, personal and generic messages, administrative notices, advertisements of their services and advertisements of other people. The User can turn off these communications.
4.12. “Energy Premier DOO” reserves the right to change or improve its services, add or remove the content of the software, as well as to completely stop providing services to users.
4.13. The User can suspend the use of services by “Energy Premier DOO” or by the software at any time, or he/she can remove the account and profile at any time, but cannot suspend the execution of services for which he/she has already submitted a request.
4.14. If the “Energy Premier DOO” decides to stop offering some service or to remove some part from the software, the User will be given a reasonable time to download data.
4.15. The User is the owner of the content entered in the software that is provided by the “Energy Premier DOO”.
4.16. When an application is used, the User can be asked by the application to access his/her data as well as the information shared with him/her, and after the User approves this, the application can do that.
4.17. When the User publishes or uploads content through the Profile or other public places, he/she agrees that third parties can see and use that information or content. Moreover, by doing that, the User gives permission to third parties to access and use that information and link them to him/her. The User is aware that the “Energy Premier DOO” offers using the software, but the data available through using the software is a choice of the User.
4.18. The User agrees not to ask compensation for suggestions, advices and feedback by “Energy Premier DOO” and that the same company is not obligated to compensate the user for the same services.
4.19. If the User has a problem, he/she is obliged to notify “Energy Premier DOO” without delay about the problem through website or contact information before taking any step.
4.20. Energy Premier reserves the right to automatically, whenever a condition exist, and with the User’s consent, to find out where is the User located in order to enable a provision of its services in accordance with the users’ needs.
4.21. All users must respect the Terms and Conditions on energypremier.com that can appear at any time (for example, while creating Profile, ordering some service or other action through account or profile).
4.22. The User will be able to order services by energypremier.com through a software with prepaid fee.
4.23. The User is able to report deviations from the Terms and Condition, such as a Profile that owns an offensive content, the subject of which is a person, whose subject is exactly that user or is intended primarily to run, mock or satisfy malicious intentions, or otherwise, the purpose for which they are profiled and opened on a website by “Energy Premier DOO”.
4.24. Through a software solution, the User can immediately inform other users about the solution. If the reader of these Terms and Conditions is accessed by a user of a service based on a notice through a software by another user, the unambiguously user agrees that the Energy Premier has not received any notice about using the services.
4.25. Energypremier.com has the right to enable part of a website to be online store where it will be possible purchasing and ordering delivery of other services or products. The User is aware that energypremier.com is not responsible for any product or service, their quality, warranty, functionality, and in general the material or specific characteristics.
4.26. The User is aware that in case referred in paragraph 4.25, energypremier.com exclusively provides software solution about the sale of such products or services, but not to sell them.
4.27. Energypremier.com has not obligation to execute services that has not all elements necessary for proper provision of the subject service.
4.28. Energypremier.com is not responsible for acting by claims, and for profiles with false, incorrect and imprecise information, but the User is responsible himself/herself for such acts that are incorrect and false. In case of performing a service on the basis of incorrect or false request from the User, energypremier.com has no obligation to refund the fee for such services, but the User shall address the person who has entered some incorrect, inaccurate or incomplete information.
4.29. The User agrees to access the services only through his/her Profile registered on energypremier.com.
4.30. The password entered by the User for accessing the account is a secret and the User is obliged to keep it, not to use it on devices other than its own. If the User thinks that his account is stolen or used by an unauthorized person, he/she should first try to change password or to contact energypremier.com
4.31. The User agrees that energypremier.com is able to deny the access to the account at any time, if there are indications that the same account is used for unauthorized purposes that are contrary to the nature of its purpose, as well as contrary to the regulations, morals, customs, public order and harassment.
4.32. The User is aware that energypremier.com can remove his/her account if there is no recorded entry for a continuous period of three years.
5. PRIVACY AND PROTECTION AGAINST VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
5.1. Energypremier.com reserves the right to remove the Profile whose privacy is violated, or the Profile used for harming others’ privacy.
5.2. Energypremier.com collects different pieces of information about its users in order to identify things such as: in which country the User is, which advertisements would be of interest for the User, and how often the User has a need to use its services.
5.3. Energypremier.com collects information about its users on two ways: through information given by the users themselves; through information obtained when the users use services of energypremier.com. This information includes, but is not limited to: personal information – name, surname, date and place of birth, place of residence, e-mail address, phone number, preferences related to using website, pictures, information about the hardware device used by the User, identifiers, details of how the User has used the services of energypremier.com or a website, search objects, Internet Protocol address, system solutions on a hardware device used by the User, “Cookies” that identify the user – searcher or the account, or send information to other users about the preferences through use, i.e. number of usage, location information, unique application device numbers, and anonymous identification user codes.
5.4. The User agrees that the software managed by energypremier.com can store information on its device using different technical features under control of energypremier.com.
5.5. Private and anonymous information will be used for the purpose of statistical analyses, services promotion, developing new services and protecting new or existing users, as well as for the purpose of expanding the number of new users, or knowing which products or services would be of interest for the User.
5.6. Above mentioned in the previous article does not mean that energypremier.com will be obliged to do those actions, but if it chooses to do that, it will use specific data for the purposes stated in the previous paragraph.
5.7. Information that the User enters when opens an account will not be publicly viewed on the website energypremier.com, and on the Internet. Examples of such information are: pictures, comments, name, surname, as well as some other personal information. Direct contact will be provided through the website provided by energypremier.com.
5.8. When the User contacts energypremier.com, he/she agrees that energypremier.com keeps all information received from the communication, and that the email address mentioned by the User will be used for contacting the User in the future or to send him/her other information and contents connected with the services by energypremier.com.
5.9. The User agrees that energypremier.com can use the information received from “Cookies” or some other technology, such as pixel-tags, in order to improve the users’ experience with “Energy Premier DOO” and to improve the quality of the services in general.
5.10. Energypremier.com will not use any information related to race, sexual orientation, or user’s health status.
5.11. The User agrees that energypremier.com is able to process and store information mentioned in the Terms and Conditions on the servers outside of the Republic of Serbia.
5.12. The User is introduced with the ability to share information on other websites beyond those provided by energypremier.com. If the User shares information on such websites, he/she agrees that energypremier.com is not responsible for any damage resulted from such an act.
5.13. The User also agrees that the rules on such websites are governed by that websites and that the rules by energypremier.com have no any legal force on that websites, nor that energypremier.com may oblige legal or natural people who manage those websites to do something. The User agrees that such actions are subjected to indexing by other websites or technologies, and that he/she is aware of the risks shared with him/her. Energypremier.com will allow changing the information or correcting the wrong information.
5.14. Energypremier.com reserves the right to ask the User to identify himself/herself in doing such actions. Therefore, energypremier.com reserves the right to reject such claims that are unfounded, repeated, require disproportionate technical effort, cause risk to the other users’ privacy, or that would technically and lawfully be impractical for implementation.
5.15. Energypremier.com is maintaining its systems in a state that provides protection of the information. Moreover, after the User removes or modifies information from the website, energypremier.com is not obliged to immediately remove or modify that information, but it can also do it later.
Energypremier.com will not share any information for the users except in the following cases:
• With a consent by the User;
• With domain administrators. If the User’s account administered by the domain administrator, the domain administrator of the User and the persons that provide customer support to the User, or energypremier.com can access the information from the User’s account.
• For external processing. The User agrees that energypremier.com could engage external organizations or people who, in accordance with these Terms and Conditions, and in particular with this Chapter, process and analyze his/her data.
• The User agrees that energypremier.com can delegate his/her information to other companies, organizations or persons with good faith or confidence that the access to such User’s information is necessary due to: complying with regulations or complying with enforceable legal regulations, enforcing the Terms and Conditions, or other legal documents brought by energypremier.com including detection of abuse of the system of energypremier.com, detection and prevention of fraud or threat of security or some technical problems, as well as protection against harm and damage to the rights, obligations or security on energypremier.com or its users.
5.16. The User agrees that energypremier.com may share anonymous data that cannot be identified by the User himself/herself that are or are not aggregated. As an example of such data are trends or tendencies.
5.17. Protection of information. Energypremier.com will actively work to keep privacy of all entrusted information, within the limits of its capabilities. The protection includes protection from abuse, theft, hacking attacks, disclosure or destruction of information. Energypremier.com does that through technical means and implementation of ethical standards within the organization, restriction and control of the access to information within the organization, control the use so that the information within the organization is performed exclusively within the scope and purpose of such information. The User agrees that despite the most modern and usual means of protection, such protection cannot always be effective.
5.18. Energypremier.com does not guarantee information protection in the scope of providing services by other persons, including persons who within the scope of their services also offer services by energypremier.com, persons who energypremier.com engage as a subcontractor or a supplier in performing their services, as well as persons who make advertising for energypremier.com or advertise services on websites by energypremier.com. Energypremier.com will anyway try to make careful selection of organizations according to the reasonably available information about them.
5.19. If the User uses the content available to other persons, he/she is obliged to notify those persons about that performance, the purpose of which he/she uses that content, and the fact that he/she uses that content and that energypremier.com is not in any way connected with that.
5.20. When the content and the data made available on the software energypremier.com by the User about himself/herself or about the others are used to promote energypremier.com, to promote services and products from other users, the User agrees that energypremier.com can use such data to earn profits until such or another profit is transferred to the User. The User agrees that energypremier.com can collect and use information about the habits of the User, and his/her way of using the software and website provided by energypremier.com. Examples of such information without their limitation are: when the User logs in to his/her account, when he/she uses his/her account, what content he/she creates, how he/she shares the content with others, location of the User, frequency of the activity of the User, and in what type of content the User is interested.
5.21. The User agrees that energypremier.com can collect and use information that others publish about him/her.
5.22.The User agrees that energypremier.com can collect and use information related to the question about who is the User linked to on the software by energypremier.com, which profiles has the User opened and in which groups the User is joined.
5.23. The User agrees that energypremier.com can collect and use information about his/her payment and transactions related to the payment of all services connected to the use of website by energypremier.com, and persons related to the performance of services by energypremier.com. Examples, without limitation are: the used card number, other information about the account, other information about the delivery and transaction objects (we have not any option about the card number because there is a module on our site that does these transactions and is linked to the bank).
5.24. The User agrees that energypremier.com can collect and use information about the device (hardware) used by the User in order to access the software energypremier.com. Examples of such information, without limitation are: the operating system on the device, hardware components of the device, device settings, software names that are present on that device, device identifiers, device location, Telecommunication Company whose user is the User, type of the Internet browser etc.
5.25. The User agrees that energypremier.com can collect and use information about the software, website and application visited by the User through the software provided by energypremier.com as well as the way of using them.
5.26. The User agrees that energypremier.com can collect information about him/her from other legal or natural persons, as well as legal persons owned by energypremier.com, or any other status or contractual relation with energypremier.com in scope of providing its services.