1. Presentations – Definitions
Except for terms defined herein, all terms with a capital letter refer to the definitions in the terms and Conditions. The service Provider can be contacted via the e-mail to “Powersave”
- Electronic device : mobile phone, tablet, computer or any other electronic device with the minimum configuration required and the available memory is sufficient on which the User views, downloads and/or uses the Website
- Website : the website www.powersave.lu
- User : Any person using the Website as it is a consumer or a professional or using the services of the Provider
The use of the Website, for what purpose, and in any capacity whatsoever, necessarily implies, as an essential condition and determining the unconditional acceptance of the terms and Conditions of Use, which are exclusively applicable to the exclusion of any other, unless expressly otherwise agreed.
If the User does not wish to subscribe to all or any part of the terms and Conditions of Use, it may not make use of the Website.
The Provider retains the ability to amend the terms and Conditions of Use at any time, upon information of the User. This User information will take place via a notification on the Website or via any other means put in place by the Provider. Failing agreement, the User may no longer use the Website.
By accessing the Website, and/or using the Services, you will hear that you have read and understood these TOS, you agree to be bound by them and to have taken knowledge of the Policy of respect for the privacy of Powersave, whether or not you are a registered user of our Services.
3. Purpose of the website
The service Provider provides the user with a web site, including the various services (price comparison, etc). Only Users legally capable can use the Website.
Users must provide some information to use the services of the Website and get by e-mail, a comparison of offerings from different vendors active in the chosen field, as well as an offer of contract with a service provider and enter into a brokerage contract with the service Provider.
4. Use of the website
To use the Website, the User must have access to the internet.
The user uses the Website at his own risk. Any User that does not fulfil one of the conditions required for the use of the Website shall not be entitled to use the services offered by the service Provider. The service Provider is also free to book the suites that he wishes to requests that it receives from the hand of a User.
Some features of the Website require you to communicate to the service Provider, information about their energy consumption (energy, telephone, etc), in particular, as well as its contact information. The user can also receive notifications from the service Provider via e-mail, in particular. At its sole discretion, the service Provider will be able to verify if the information given is accurate, and request supporting documents, including identity, consumption or home.
The use of the Website and price comparison is purely informative and indicative. The service Provider shall not guarantee to the Users as to the accuracy or relevance of the information provided via the price comparison compared to the situation of the User, especially because of the multitude of offers and their variability and fluctuation of prices (in the energy, telecommunications, etc). The price comparison includes only some of the offerings of some suppliers and is not exhaustive as to the offer on the market. Figures and prices calculated do not reflect the approximate amount that the user could save on the invoice. The information on the consumption and cost of the supplier's services are provided for informational purposes, only the information on the website of the supplier or on the contract which will be signed authentic.
- Pornographic, sexual or contrary to good morals
- Contain software which may harm the interest and rights of Users
- Containing personal information of a third party
- Encouraging or constituting prohibited activities
- Harmful to the operation of the Website
- Discriminatory on the basis of some criterion whatsoever, and in particular on the basis of anything that could offend or be harmful to the interests of some people
- Infringing the intellectual property rights of a third party
It is prohibited for any User to divert the use of the Internet Site, (attempt) to defraud and/or publish any content which :
The service Provider reserves the right to take measures, including judicial, and to claim damages against Users who do not meet these minimum criteria, as well as the relevant legal obligations.
5. Intellectual property and rights of third parties
The Website, including texts, the structure, the layout, the graphics components, the logos, the software and the set of elements, etc are protected by intellectual property rights which the Provider is the sole owner. The Provider also acquired and published some content belonging to third parties, which remain the sole holders of rights vis-à-vis this content. The names of products or companies mentioned on the Website may also be protected.
The user can view and use the content of the Website for personal use only. Any other use, including for commercial purposes, is prohibited.
Without the prior written consent of the entitled person or the service Provider, it is forbidden for the User to upload, modify, copy, distribute, communicate, translate, distribute, alter, reproduce, publish, license, assign, transfer, or sell any information, software, products, services or any content included on the Website. It is not permitted to create derivative works of the above-mentioned elements. Any infringement may result in civil and/or criminal penalties.
Similarly, all users are prohibited from posting on the Website or contact the Provider of the content which he is not the owner of the rights.
In the event of a claim made against the Contractor by a third party as a result of the violation of its rights by the User, the latter will hold the Provider harmless and indemnify, including taking in all of the costs of judicial proceedings, in which the service Provider may be involved in the context of these claims, including attorneys ' fees, to the extent that the User has actually committed a fault and/or negligence, however slight, vis-à-vis the third party. The User shall, in the case of
procedure, that is to work together in good faith and provide the service Provider with all required information to verify the basis of the claim.
6. Complaints and claims
In the case of a complaint concerning the operation of the Website, the User must send an e-mail address to the Provider, within eight (8) calendar days after discovery of the defect. The term COMPLAINT, written in uppercase, must be part of the title of the mail. The description of the problem must be clear and precise and must indicate the date of its occurrence (or finding).
The service Provider will do everything possible to resolve problems in the shortest possible time. It is an obligation of means in his head.
The service Provider declines any responsibility with regard to the character that is inaccurate or incomplete results of searches performed using the price comparator on the Website, notices, reports or advice, written or oral communicated to the User.
The Provider assumes no responsibility with regard to the interaction between the Website and the Electronic Device of the user. The user downloads and uses the Internet Site (and the features and services that are linked to it) at his risk and peril. The service Provider provides the Web Site in the state, with all its imperfections, and according to its availability. The User acknowledges and agrees that computer and telecommunications systems are not free of faults and that it is possible to suffer interruptions to services. Despite measures put in place, the Provider cannot guarantee that the Website will operate without interruption, regular, secure or error-free. Although he has put security measures in place, the Provider cannot guarantee that the transmission of data via the Site, Internet or other telecommunications systems are not monitored, recorded or deformed by third parties. The service Provider declines all responsibility in the event of damages resulting from a defect, malfunction or misuse of the Website, except in cases of wilful misconduct or gross negligence in his head, his servants or agents.
The user is solely responsible for the information transmitted through the Website and suites to book. The Provider assumes no liability for the information provided by the User and/or any other information that is encoded and/or communicated via the Website by the User. More particularly, the Provider of the service are reminded that he does not have the authority to check the ability of Users (from a legal point of view and/or financial).
The service Provider is not responsible and will not have any liability for the content of third party sites to which it was a hyperlink, in particular with regard to the protection of the private life, nor for the content published by third parties on the Website. The service Provider shall
be held responsible for any errors that may appear in the texts and photos used on this Website.
The service Provider shall not be liable for any direct or indirect damage (loss of business, loss of profit, loss of chance, ...) of any kind arising from the use of the Website, the inability to use, the Website or as a result of having made use of his services, except in cases of wilful misconduct or gross negligence in his head, his servants or agents.
The service Provider's responsibility may not be incurred as a result of a technical unavailability of the connection, that it is due in particular to a case of force majeure, maintenance, update, to a response of the host to a strike, internal or external, in a network outage, a power failure, or a bad configuration or use of the Electronic Device of the User.
The rules relating to the protection of consumers are applicable in the relations between the Provider and a consumer. The responsibility of the service Provider shall not be extended beyond the binding legal provisions provided for in the law (Book VI. Market practices and consumer protection of the Code of Economic Law of Luxembourg).
In any case, the Provider's liability is limited to the sums paid for the command that generated the call to the service Provider's responsibility.
8. Privacy - personal data
The person responsible for the processing of personal data is the Provider of the service.
The personal data communicated to the Provider shall be processed for the management of its customers and prospects, including, without limitation, the use of data for marketing purposes (direct marketing). The User may object, by request and free of charge, to the processing of data for marketing purposes (direct marketing). At any time, the User may, in particular, require the change of his / her personal data and/or request deletion by sending a specific request to the service Provider in writing.
Complete information as to the management of personal data and, in particular, the data protection policy, "General Data Protection Regulation" are available at the following address : www.powersave.lu.
9. Confidentiality and accuracy of the data
The User, in order to enjoy the full functionality of the Website, is brought to disclose data, including personal data (name, surname, e-mail, etc). The User is solely responsible for the accuracy of the information
transmitted to the service Provider. By using the Website, the User agrees that the Provider uses the data communicated, in the context of its mission.
The service Provider shall ensure the utmost confidentiality in the transmission of the data communicated through the Web Site ("obligation of means"). However, to protect its data, each User must take care to prevent any fraudulent use of his / her Electronic Device. This protection involves a password is sufficiently developed and strictly confidential.
The service Provider has taken reasonable steps to ensure the security of personal data collected through the Website. The Provider disclaims, however, any responsibility in case of loss and/or disclosure to third parties of the information provided via the Website by the User, if it did not properly secure the data transmitted or allowed access by third parties in failing to secure enough his Electronic Device.
10. Force major
The service Provider shall not be liable for the non-performance and/or delay in the performance of any of its obligations, in the event of force majeure such as, notably, disruption or total or partial strike, failure or in case of blocking of access roads and means of transport and/or communications, flood, fire, accident, etc.
The service Provider remains the sole and exclusive owner of the Website and all rights arising therefrom, including intellectual property rights. The Users only have a license a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable right to use the Website. The Provider may assign, transfer or otherwise dispose of its rights and obligations, in whole or in part, at any time and without notice. This assignment may not prejudice the Users.
12. Applicable law and jurisdiction
The relations between the parties are governed by the laws of Luxembourg. In case of dispute, only the Courts and tribunals of the judicial district of Luxembourg City will be competent.