GENERAL TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE

Introduction

The smooth operation of the Website requires the imposition of some access and use conditions.

The present general terms and conditions of use (the “Terms of Use”) determine the conditions applicable for the access to, and the use of the Website for Data User.

Pursuant to the present Terms of Use, each Data User has to comply with two types of rules:

  • General Provisions, contained in section II, are applicable whatever the nature of the effective use of the Website made by the user.

  • In relation to the type of use, the user has to comply with additional Specific Provisions, contained in section III of the Terms of Use. A Data User who is making several types of use of the Website has to cumulatively comply with all relevant Specific Provisions applicable to the concerned types of use.

Please read the following Terms of Use carefully before using the Website or any of our other web services. By accessing or using our sites, you agree to the following Terms of Use. One should review these Terms of Use on a regularly basis as they may be amended at any time at JAO’s sole discretion. If the Data User does not agree to any term or condition, the Data User should not access or otherwise use our sites.

 

I. Additional definitions

“Business Day” means any day from Monday to Friday inclusive, with the exception of public holidays in Luxembourg.

“Data User” means any legal or natural person which consults, gathers and/or uses data published on the Website.

“JAO” means Joint Allocation Office S.A. with the registration number B142282 and incorporated under the laws of the Grand Duchy with registered office in 2 Rue de Bitbourg, L-1372, Luxembourg.

“Luxemburg Copyright Act” means the act on copyrights and related rights in Luxembourg which are subject to the law of 18 April 2001 on copyright, related rights and databases, as amended.

“Website” means as the case might be the website itself under https://www.jao.eu and/or any web services, provided by JAO.

 

II. General Provisions applicable to all types of use of the Website

1. Ownership and limited scope of the rights granted by JAO

JAO or others with all rights reserved unless otherwise noted is the owner of copyright and database rights of the Website including all texts, graphs, images, sound files and software accessible from the homepage https://www.jao.eu and the underlying pages – are protected under the Luxemburg Copyright Act. The content of this website may not be copied and/or altered in any way. JAO strives to provide correct and up to date information on the Website, but cannot guarantee that all details are correct, accurate and complete.

The rights to use the Website are:

  1. granted on a non-exclusive and worldwide basis;

  2. submitted to the strict compliance with the limits of use set forth in present Terms of Use; and

  3. not sub-licensable or transferrable.

 

2. Availability and maintenance of the Website

  1. Availability

JAO will use its best efforts to ensure the 24/7 availability of the Website.

  1. Maintenance

Maintenances will be done in pre-approved timeframes (hereafter maintenance window) about which JAO will inform the Data User one week prior, and a notification will be posted on the Website. The start, duration and end will be indicated, including a short reasoning (version change, performance related changes etc.). These maintenance windows will be taking place during non-peak hours, this means usually after 17:00 CET.
 

  1. Emergency downtime

If there is a critical error in the application, which needs to be arranged urgently, JAO might have to intervene, and take action. This means, that if the error occurs, JAO needs an emergency downtime, and all the Data Users will be notified about the estimated outage. With continuous monitoring of the application, JAO will be working to minimalize these outages.

  1. Accessibility

The Website is open to reach, however in order to continuously improve the current solution, and to prevent malicious usage, every Data User should use his personal token, which can be registered trough the Website. Therefore, JAO reserves the right to deactivate your token, temporarily or definitively, in case of detection of suspicious activity. If the Data User indicates, that the breach of the rules was unintentional, like a misconfigured application, the ban can be lifted, and the user can continue to use the Website. JAO sets and enforces limits on use of the Website (e.g. limiting the amount of poll / Time).

  1. Access to technical information

All technical information including the documentation, and version changes will be provided on the Website.

 

3. Personal data

The provisions related to the personal data processed via the Website are published on Website via http://www.jao.eu/termsandconditions and are deemed to be part of the present Terms of Use.

 

4. Liability

JAO is using its best efforts to ensure that the Website will run uninterrupted or be free from errors. No warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to condition, quality, performance, intellectual property, infringements, merchantability or fitness for purposes is given or assumed by JAO concerning data sent by the Data User to the Website. JAO does not accept any liability for any damage incurred as a result of your use of the Website not for the consequences of activities undertaken on the basis of data and information included on the Website.

The provisions of the previous sentence also apply to access to data and information included on any external websites to which this website links. Any data, information or queries that you send to JAO (whether by email or by means of the electronic query form) are not confidential and may be freely used or reproduced by JAO for internal use only, unless you explicitly indicate otherwise.

The above does not apply to any data and information which must be treated confidentially pursuant to any applicable law and more precisely regarding the European General Data Protection Regulation (EU) 2016/679. Any data that you send to the Website must be correct and may not infringe on the rights of third parties.

 

5. Notices

All written notices that the Data User is required to provide pursuant to the present Terms of Use have to be communicated through the following addresses:

a. To the relevant service desk as mentioned on the Website and accessible through https://servicedesk.jao.eu

A notice shall be deemed to have been duly given the first Business Day following the day the notice is sent by email, provided that the email transmission is promptly confirmed by an electronic receipt from the recipient email server.

 

III. Specific Provisions

The Specific Provisions of the present section III are grouped within two sub-sections, each one dedicated to the rules applicable to one specific kind of use of the Website.


1. Access to Website and use of Website data

Use of the Website data

In accordance with the applicable legislation, the Data User shall, when using of the Website data for any purpose whatsoever:

a. use the Website data in good faith and always comply with good business practices regarding the re-use of publicly available data;

b. mention the Website as the source of publication of the data, in accordance with good industry practices.

 

2. Absence of JAO control on the Website data and cautionary language

The Website is a specific platform which aims at receiving and publishing data from transmission system operators and/or market participants and allows access to the services of JAO.

JAO does not perform any control on the accurateness, the up-to-date character or the consistency of the Website data.

The Data User shall therefore use the Website data under their sole responsibility.