YOUR USE OF INSIGHT CONSTITUTES YOUR AGREEMENT TO THESE INSIGHT TERMS
These terms and conditions (the “Insight Terms”) tell you how you may use Insight (which includes, but is not limited to its sub-domains and affiliated urls) and how your use of Insight impacts your gas, electricity and/or supply and balancing agreement(s) with us (Gazprom Marketing & Trading Retail Limited t/a Gazprom Energy) (each an “Energy Agreement”).
Please read these Insight Terms carefully before you use Insight. They are a legally binding agreement and contain important information on your legal rights and obligations.
If there is any conflict or ambiguity between these Insight Terms and your Energy Agreement, these Insight Terms shall take precedence.
By accessing or using Insight you (the representative of our customer and user of Insight for and on behalf of our customer) acknowledge and confirm that you are duly authorised to:
(i) Enter into this agreement for and on behalf of our customer (as defined in the applicable Energy Agreement);
(ii) Amend the terms of any Energy Agreement as set out below; and
(iii) Accept these Insight Terms and agree to comply with them. If you do not agree to these Insight Terms, please do not use any part of Insight.
Changes to these Insight Terms and Insight
We (Gazprom Marketing & Trading Retail Limited t/a Gazprom Energy) may revise and update these Insight Ters at any time and will indicate at the top of the page when these Insight Terms were last updated. Please review these Insight Terms on each use of Insight as your continued use of Insight indicates your agreement to any changes that we make.
We aim to update your trading position on Insight regularly as soon as reasonably practicable. However, any of the content (including your trading position) on Insight may be out of date at any given time, and we are under no obligation to update such content.
We may change the layout of Insight and its functions at any time
Accessing and using Insight
We reserve the right to withdraw or amend access to Insight without notice at any time.
If we withdraw or amend your access to Insight we are under no obligation to unblock or reactivate your account. We will not be responsible to you if for any reason Insight or any content or functions of Insight is unavailable at any time or for any period.
If your account or access to Insight is terminated (whether by you or by us) these Insight Terms will remain in effect.
You must not use Insight for any illegal purpose or for any purpose that in our reasonable opinion infringes our intellectual property rights.
Before you can access Insight you may be required to complete a registration process by providing the information requested by us. Such information must be complete, accurate, up to date and not misleading. We may rely on any information provided by you so it is important you comply with this requirement.
If we become aware that the information you have provided is incomplete, inaccurate, out of date or misleading we may suspend or terminate your account (in our sole discretion) at any time.
You must tell us promptly about any changes to the information that you have provided to us. You can do this by contacting our Energy Procurement Desk at: EPD@gazprom-energy.com
Usernames and passwords
You must treat any username, password and any other account security information that we send you as confidential, and you must not disclose it to any third party unless you are authorised to do so by us. You are responsible for all uses of your username and password whether or not authorised by you.
You must take reasonable security precautions to keep any username, password and any other account security information secure.
Reasonable security precautions can include steps such as:
• Not choosing a password or other account security information which may be easy to guess;
• Not allowing or making it possible for someone else to access your account using your login details;
• Complying with all reasonable instructions we issue about keeping your account safe;
• Not leaving your Insight account unattended while you are still logged on;
• Logging out of your Insight account when you have completed your session;
• Buying and keeping updated anti-virus, firewall and any other security software;
• Not accessing your account from a device using public WiFi unless you know it is secure; and
• Taking care when logging out – for example ensuring that you log off correctly.
If you think that somebody else knows your username or password you can change your password by visiting Insight and using the change password option.
Your account is personal to you and you may not share, sell, transfer, assign or licence your account to any other person at any time.
This section tells you how you may upload and/or input Content (defined below) on Insight.
You are responsible for the content, accuracy and suitability of any text, files and other material posted, inputted or uploaded by you onto Insight (“Content”), and for the consequences of inputting and/or uploading such Content. We will not be responsible for or liable to you or any third party for any such Content.
You are responsible for making back-up copies of the Content. We are not liable to you or any third party for any loss of or corruption or damage to Content.
Our Intellectual Property
We (and our licensors) are the owner of all rights in Insight and we reserve all such rights. You may only use Insight and the content in Insight as expressly stated in these Insight Terms. You are prohibited from selling, licensing, distributing or otherwise making available Insight or the content in Insight.
You must not remove, modify or hide any branding or copyright or trade mark statements on such content printed or downloaded from Insight.
"Gazprom Energy" and other trade marks used on Insight whether ours or those of our licensors may not be used without our prior written permission.
Your liability to us
If you do not comply with these Insight Terms, and we incur any costs, loss, claims, expenses and other liabilities which result from your non-compliance, you agree to reimburse us for such costs, loss, claims, expenses and other liabilities. This is in addition to any other specific remedies we have in these Insight Terms or under the law generally.
Our liability to you
Information on Insight
The information and content on Insight is provided without any guarantees, conditions or warranties as to their accuracy, relevance or appropriateness for you. We will have no liability arising from:
• Your use or your inability to use Insight or any information/content on Insight; or
• Any information/content available on Insight; or
• Any reliance you place on any information/content available on Insight
Third party rights
We provide no assurance that the use by you of information or content available on Insight (whether provided by us or not) will not infringe third party rights (including, without limitation, intellectual property rights or privacy rights) and we will have no liability in this regard.
General exclusions of liability
We are only legally responsible to you as set out in these Insight Terms. We have no other duty or legal responsibility to you, and all responsibilities, guarantees and any other conditions implied by law or otherwise will not apply, as far as this is allowed by law.
Nothing in these Insight Terms will exclude or limit our legal responsibility for death or personal injury caused by our negligence or for fraud.
Viruses, hacking and other offences
We will not be responsible for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, or for any loss or damage to any data or other proprietary material due to your use of Insight or to your downloading of any software or data from Insight.
You must not misuse Insight by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Insight, the server on which Insight is stored or any server, computer or database connected to Insight. You must not attack Insight via a denial-of-service attack or a distributed denial-of service attack.
Links to and from Insight
You may only link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, or from any website that you do not own. You must not frame Insight on any other site. We reserve the right to withdraw this permission at any time.
Where Insight contains links or references to other sites and resources provided by third parties, these links and references are provided for your information only and constitutes neither an endorsement nor a recommendation. We have no control over the contents of third party websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Other Important terms
We can transfer all or any of our rights and legal responsibilities under this agreement without your permission. Your rights and duties under this agreement apply only to you and cannot be transferred to any other person without our written permission.
If we don’t enforce any part of this agreement at any time, this will not stop us from doing so in the future.
If any term of this agreement is found not to be valid or cannot be enforced in full or in part, the rest of the agreement will continue to apply as normal.
The laws of England apply to each contract with us and any disputes relating to your contract and all non-contractual disputes which relate to the services may only be heard in the English courts.
Variation to your gas, electricity and/or supply and balancing agreement(s) with us
Bolded terms used in this section but not defined in these Insight Terms have the meaning given to them in your Energy Agreement(s).
Where you have an Energy Agreement(s) you acknowledge and accept the following amendments to your Energy Agreement(s):
• The following defined terms shall be added to your Energy Agreement(s):
““agreed method of communication” means telephone, email, instant messenger or if available, the online portal;”;
“online portal” means our web based online portal which we grant you access to;” and
“trading log” means the area of the online portal that shows the detailed terms of your flexible purchase requests submitted to us via the online portal””.
• Where the words ,“telephone or instant messenger“ appear in your Energy Agreement(s) they shall be deleted in their entirety and replaced with:
“an agreed method of communication”.
• Where the words, “If we fail to agree or provide a confirmation, the terms and conditions agreed by telephone or instant messenger at the time of the flexible purchase will prevail”, appear in your Energy Agreement(s) they shall be deleted in their entirety and replaced with:
“If we fail to agree or provide a confirmation, the terms and conditions agreed by telephone or instant messenger or shown in your trading log at the time of the flexible purchase will prevail.”.
If you have any questions about these Insight Terms please contact us at: EPD@gazprom-energy.com
Gazprom Marketing & Trading Retail Limited t/a Gazprom Energy operates Insight. Gazprom Marketing & Trading Retail Limited t/a Gazprom Energy is a company incorporated in England and Wales with company number 03904624 whose registered address is at 20 Triton Street, London, NW 1 3BF. All references to ‘we’, ‘us’, ‘our’ or ‘Gazprom Energy’ in these Insight Terms includes Gazprom Marketing & Trading Retail Limited t/a Gazprom Energy.