Terms of Use

Agreement

The Terms of Use constitute a legally binding agreement between you and AXO Energy OÜ (“AXO Energy”) and states the terms and conditions under which you may use this website. This website is owned and operated by AXO Energy and by accessing any part of this website you fully accept and agree to comply with the terms set out in this agreement (“Agreement”).

Please read this Agreement carefully.

AXO Energy reserves the right to make reasobable amendments to this Agreement from time to time and your continued use of the website after any such amendments shall constitute your agreement to them.

§ 1 Website Contents The information and materials contained in this site outside the password protected area are for general informational purposes only and are provided “as is” and “as available.” The information and materials contained in this site in the password protected area were provided by companies who are interested in concluding renewable Power Purchase Agreements and posted by AXO Energy on the website.

In any event, AXO Energy does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory is given in relation to the contents of this website. The information on this site is liable to change at short notice. You should not rely on any information contained in this site without first checking with the provider of the information that it is correct and up-to-date.

You agree to use this website and the information contained within it for your personal use only and you shall not reproduce, sell, distribute, republish, broadcast or commercially exploit any information made available on this website without the prior written consent of AXO Energy.<

§ 2 Liability Under no circumstances shall AXO Energy or any affiliate of AXO Energy be liable for any damages, including without limitation any direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with any failure of performance, error, omission, interruption, use, defect, delay in operation or transmission, computer virus or line or system failure relating to this website or its contents. Links to other internet sites are used at your own risk.

If any parts of the above provisions relating to limitation of liability are held to be invalid or unenforceable, you agree that the maximum aggregate liability of AXO Energy and/or its affiliates for all damages, losses, and causes of action shall be the total amount paid by you to access this website.

§ 3 Indemnity You agree to indemnify, defend and hold harmless AXO Energy and its affiliates from and against any claim, action or demand, including, without limitation, reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement.

§ 4 Confidentiality The password protected area of the website is designed to facilitate the conclusion of renewable Power Purchase Agreements (“Opportunity”) between potential buyers and sellers of renewable Power Purchase Agreements (“Parties” or “Party”).  In order to adequately evaluate whether the Parties would like to pursue the Opportunity, it is necessary for the receiving Party to have sight of certain confidential information.
In consideration of disclosing and receiving confidential information, the Parties agree as follows:
1) The confidential information (“Confidential Information”) includes any information that is only known by the disclosing Party, and not known by the general public at the time it is disclosed, whether tangible or intangible, and through whatever means it is disclosed.
Confidential Information does not include information that:
(a) The receiving Party lawfully gained before the disclosing Party actually disclosed it;
(b) Is disclosed to the receiving Party by a third party who is not bound by a confidentiality agreement;
(c) Becomes available to the general public by no fault of the receiving Party; or
(d) Is required by law to be disclosed.
2) The receiving Party will not share any of this proprietary information at any time nor will not use any of this proprietary information for either Party’s personal/business benefit at any time. This confidentiality obligation remains in full force and effect even after termination of the Parties’ relationship, after the Parties´relationship with AXO Energy in relation to the Opportunity or by its natural termination. The receiving Party may disclose the Confidential Information to its personnel on an as-needed basis.  The personnel must be informed that the Confidential Information is confidential and the personnel must agree to be bound by the terms of this Agreement.  The receiving Party is liable for any breach of this Agreement by their personnel. In the event a Party loses Confidential Information or inadvertently discloses Confidential Information, that Party must notify AXO Energy within twenty-four (24) hours. That Party must also take any and all steps necessary to recover the Confidential Information and prevent further unauthorized use. In the event a Party is required by law to disclose Confidential Information, that Party must notify AXO Energy of the legal requirement to disclose within three (3) business days of learning of the requirement. All notices must be sent by email with return receipt requested.
3) Nothing in this Agreement will convey a right, title, interest, or license in the Confidential Information to the receiving party. The Confidential Information will remain the exclusive property of the disclosing party.
4) Upon termination of this Agreement, the receiving party must delete all materials it has that contain the Confidential Information it received, including all electronic copies. This includes, but is not limited to, any notes, memos, drawings, summaries, excerpts and anything else derived from the Confidential Information.
5) This Agreement shall commence with approval of the registration for the password protected area and stay in force for 3 years after the Party has been de-registered from using the password protected area of the website.
6) The Parties agree they are exploring a potential Opportunity and sharing their Confidential Information is not a legal obligation to pursue the Opportunity.  Either Party is free to terminate to explore the Opportunity at any time.

§ 5 Commission
1) AXO Energy is entitled to a commission claim against sellers of renewable Power Purchase Agreement for all contracts intermediated by AXO Energy. AXO Energy’s entitlement to the commission arises when a binding contract is concluded.
2) The commission for AXO Energy is negotiated individually between the Supplier and AXO Energy. The commission and its payment modalities are detailed in a separate agreement between AXO Energy and each registered seller of renewable Power Purchase Agreements.

§ 6 Use of the Site In connection with your use of this website, you agree not to:
1) infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of AXO Energy or any third party;
2) transmit any material that:
(a) is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;
(b) breaches any of your contractual or confidentiality obligations;
(c) disrupts or interferes with the normal operations of this website, such as posting or transmitting viruses, repetitively transmitting materials;
3) breach or attempt to breach any security measures of this website;
4) use any device, process, or mechanism (e.g., a spider or bot) to monitor, retrieve, search, or access this website or any of its contents;
5) submit any inaccurate, false, or incomplete information;
6) impersonate any person or entity; or
7) misrepresent yourself, your affiliation with any third party, or your entity.

§ 7 Termination
AXO Energy may terminate this Agreement and your access to and use of this website at any time without the need for notice.

§ 8 General
1) Neither Party can waive any provision of this Agreement, or any rights or obligations under this Agreement, unless agreed to in writing.  If any provision, right, or obligation is waived, it is only waived to the extent agreed to in writing.
2) This agreement shall be governed by and construed in accordance with the laws of Germany. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the German Courts. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  This Agreement constitutes the entire agreement between you and AXO Energy relating to its subject matter and supersedes all prior agreements.