1. The Service - Conditions of Provision of the Service
1.1 The website glocal.sunlight.gr is created and operated by the company under the name “SUNLIGHT GROUP ENERGY STORAGE SYSTEMS INDUSTRIAL AND COMMERCIAL SOCIETE ANONYME” and distinctive title “SUNLIGHT GROUP ENERGY STORAGE SYSTEMS”, having its registered office at Kifissia, Attica, 22 Thivaidos Street (hereinafter the “Company”).
1.2. Any user that enters and makes use of the services of this Website (hereinafter the “Visitor” and/or “User”) is deemed to unconditionally and unexceptionally consent and accept the following terms. These Terms and Conditions govern the Company’s provision of the service “Glocal Platform” to the user (hereinafter the “Service”), superseding any prior Terms of Use and applying to all visitors and users of the Website. Accordingly, the User, as the Data Controller of the personal data of the subjects, retains all obligations arising from the applicable legislation on the protection of personal data, and in particular the obligation to inform the data subjects about the processing of their personal data. Information on the processing of personal data in the context of the provision of the Service is contained in the Notice for the Processing of Personal Data. It is important to dedicate some time to carefully read the Terms and the Notice for the Processing of Personal Data. If a user does not agree to the Terms and the Notice for the Processing of Personal Data, then it falls under their responsibility to refrain from visiting and using the Website.
1.3. The Company reserves the right to freely amend or revise the terms and conditions of use, any time deemed necessary, with the respective amendments coming into force after being published on the Website.
2. How to use and activate the Service
2.1. In order to benefit from the Service, the User must create an individual account on the Glocal Platform, choosing a name and a password, which can be modified at any time. After activating the account, the User may access the Service by entering the credentials created at registration. In addition, the User must complete the requested data, namely location, language, e-mail address. At registration, the User will have to "click" the corresponding fields indicating that he/she has read and accepted the Terms and Conditions of the Service, as well as that he/she has been informed about the Notice for the Processing of Personal Data.
2.2 With an active connection to the internet, the User may manage his/her account from a computer, tablet or mobile phone, modify his/her data, including the password, request the recovery of his/her password if forgotten, as well as to request the permanent deletion of his/her account by the Service’s administrators.
3. Intellectual Property - Fair Use
3.1 The trade name, trademark and other distinctive features, the entire content and material of the Website, including but not limited to text, graphics, photos, videos, information, data, logos, the entire presentation (look and feel), software, belong to our Company. Our Company grants you a limited license to access and use the Website, according to which you may use the content and material of the Website exclusively for personal, non-commercial purposes within the framework provided by law and based on the rules of good faith and morality. You may not modify, copy, record, reproduce, republish, adapt, transmit, translate, resell, publicly perform or distribute in any way any material and content of the Website. However, it is permitted to "download" or print material from the Website for personal, non-commercial use.
4. Company Obligations
4.1 The Service is provided "as is" without any kind of warranty, explicit or implied, including but not limited to, all warranties of fitness for a particular purpose or of non-infringement. To the extent permitted by applicable law, any representation, warranty, condition and/or any other term, including any implied warranties, not expressly stated in these Terms & Conditions, is excluded.
4.2 The Company and any affiliated companies, their employees and directors shall not be liable in any way, to the extent that the exclusion of liability is permitted by law, for any direct, indirect, moral, positive, or other damage, costs and expenses that may arise from the lack of ability to use the Website and/or from any interruption, malfunction or delay in the operation of the Website. Also, the Company shall not be liable in any way, criminal or civil, to any third party, for any accident and/or damage and/or injury and/or physical or material damage caused to them or to third parties using the Website, the services available through it and/or the content of the information posted or by any other cause.
4.3 The Company shall not be liable for any unfair use of the Service’s functions.
4.4 The Company takes all measures that allow the User to report any faults or technical problems and to receive technical assistance within a reasonable period of time, in order to restore the normal operation of the Service.
4.5 The Company takes all measures to repair any faults or technical problems reported by the User regarding the use of the Service. On the contrary, it shall not have any such obligation, nor shall it be liable in the event that the cause for the existence of such faults or technical problems can be traced either to the security, quality, availability and adequacy of networks of other Providers and/or other third parties, which interfere with the Subscriber's access to the Service, or to the Telecommunication Equipment supplied by the User from a third party supplier other than the Company.
5. User Obligations
5.1 The User has a limited, non-exclusive, non-sub-licensable and non-transferable access permission to the Service and the respective Content. Upon the User's registration to the Service, the Subscriber has no rights other than the above. The public presentation in any way of the content of the Service is expressly forbidden, as is in general the presentation in any place and for any use not agreed herein, the reproduction/distribution via the Internet of the content of the Service, and/or the "decryption keys", if any, as well as the disposal or assignment of the Service in any way to third parties and in general the commercial exploitation of the Service, unless otherwise agreed between the parties. In addition, copying or in any way publicly reproducing the content of the Service is expressly prohibited. The Company reserves the right to carry out the necessary checks, at its sole discretion, in order to ascertain the correct use of the Service, in accordance with these terms and conditions and the applicable legislation. In case of breach of this User obligation, which is agreed to be substantial to the Company, the Company reserves the right, at its sole discretion and without penalty for the Company, to terminate and suspend at any time the access to the Service and to claim compensation for any damages.
5.2 The User is obliged to use the Service in accordance with the law, good morals, the user manual provided by the Company and these Terms & Conditions and refrain from any acts or omissions that may cause any loss, damage, harm or malfunction to the Company and/or third parties, and/or affect, discredit or put the Company at legal, financial or business risk. The User is obliged to compensate any damage caused to the Company and/or third parties - such as, but not limited to, software licensors, etc. - by illegal or unfair use of the Service and its content, or use that is generally contrary to good morals and these terms. The content, names, images, texts, logos, trademarks, sounds and other distinctive features incorporated in the Service are protected by the relevant provisions on industrial and intellectual property and belong exclusively to the Company and/or third parties legally entitled to them. Their appearance on the Service does not in any way constitute a permission or right for the User or for third parties to use them. The use, alteration, removal or covering in any way of the content, graphics, logos, images or texts appearing on the Service is expressly prohibited.
5.3 The User expressly declares that he/she will use the Service in accordance with the relevant national and EU legal framework and the principles of good faith and fair trading, fully understanding that he/she shall be fully liable for any unlawful use of the Service. The Company shall inform the User by e-mail of any third-party complaint or request concerning the User. The User must respond by e-mail to any written request of the Company regarding such complaints, requests or grievances of third parties against the User or the disclosure of his/her personal data to third parties.
5.4 The User must not violate the applicable national and EU legislation, such as but not limited to the legislation on the protection of personal data and privacy, including the General Data Protection Regulation (EU) 2016/679.
5.5 The User must act with diligence and take all security measures (e.g. frequent change of passwords, prohibition of use by third parties, etc.) to prevent any illegal use of his/her personal data on the internet, since the "Username" and the "Password" are granted for a strictly personal use. In particular, the User commits not to disclose, use, publish, divulge or in any other way communicate to third, unauthorized users, directly or indirectly, in whole or in part, for any reason and at any time, the credentials used to connect to the Service. In case of loss of the Subscriber's "Access Password" (Password) or its use by a third party without the User's consent, the User must immediately inform the Company. During the entire interim period, until the notification receipt by the User, the latter is fully and exclusively liable for any damage or harm suffered by himself or caused to the Company due to irregular and/or unlawful use of the Service.
5.6 For the implementation of the provisions of the previous paragraph, it is clarified that misuse includes but is not limited to, attempting to misappropriate the "Password" of another User, professional use of the Service beyond the agreed professional use, committing criminal acts, such as the distribution of illegal, pirated material, use of the personal data, details and passwords of another User, with or without their consent, as well as failure to inform the Company in case of loss of the User's password or use of their personal data against their will.
5.7 The User must fully comply with the published policy of use of the Service, as in force at the time, otherwise he/she is obliged to fully compensate any damage caused to the Company due to said breach. The Company is entitled to call the User as a judicial guarantor in the relevant legal proceedings before the Courts or the competent authorities. The User must be informed of the Company's policy and instructions/recommendations for the proper use of the Service, through the website or the sale points for the Company's products and services.
5.8 In any case, the User is held liable to the Company for the proper fulfillment of the obligations arising from this Agreement, even in the case of use of the Service by a third party, which took place under the consent/approval of the User using the Username and Password.
5.9 The User must update and keep up to date any information, which is required during his/her registration to the Service. The User is obliged to notify the Company, immediately and without undue delay, of any change in his/her data. The User is fully and exclusively responsible for the validity, accuracy and correctness of the data submitted to the Service, including any update of the above.
6. Personal Data
6.1 The User and the Company shall comply with the applicable legislation on personal data protection in fulfilling their obligations set forth under these Terms, and in particular with the General Data Protection Regulation (EU) 2016/679.
6.2 The User, as Data Controller, undertakes all obligations arising from the existing legislation on personal data protection, including but not limited to the obligation to inform its employees or associates about the processing of their personal data in relation to the Service.
6.3 The Company, as Data Processor, undertakes the processing of personal data on behalf of and in accordance with the written guidelines and instructions of the Controller. In particular:
6.3.1 The Processor undertakes to adopt and implement appropriate technical and organizational measures to ensure the ongoing confidentiality, integrity, availability and resilience of the data received from the Controller.
6.3.2 The Processor shall ensure that personal data are disclosed only to authorized persons, who need to have access in order for the Processor to be able to provide its services to the Controller.
6.3.3 The Processor shall immediately inform the Controller in the event of a security incident involving personal data.
6.3.4 The Processor is obliged to inform immediately, as well as to provide any relevant assistance to the Controller, in case of receiving a request from a data subject relating to personal data.
6.3.5 The Processor shall provide assistance to the Controller in order to ensure that the Processor complies with the obligations under personal data protection legislation, taking into account the nature of the processing and the information available to the Processor, such as in the case of carrying out a Processing Impact Assessment.
6.3.6 The Processor undertakes to make available to the Controller any information necessary to prove compliance with its obligations and to allow audits carried out by the Controller or another auditor appointed by the Controller, upon the Processor’s prior written consent.
6.3.7 The Processor shall return or delete the personal data after the termination of their processing, at the discretion of the Controller, unless storage for a longer period is required by the existing legal framework.
6.4 It is expressly agreed that the Company, when processing personal data for its own purposes, such as for business analytics purposes, shall act as Data Controller.
7. Force Majeure
The Company shall not be liable for any interruption, delay or deterioration in the quality of the Service due to the occurrence of force majeure events. Force majeure events indicatively include, but are not limited to, wars (declared or undeclared), hostilities, riots, strikes, accidents, fires, floods, storms, earthquakes or other natural phenomena, acts of terrorism, sabotage, government prohibitions, acts of Greek or EU or other authorities, trade embargo, court decisions, prosecution orders, in general events not due to the Company's fault and in general any event that cannot be prevented or foreseen by the parties.
8. Final provisions
8.1 If any term or part of this Agreement is held to be null or invalid, the remaining terms of this Agreement shall not be affected. The other terms shall remain in force and shall continue to have full legal effect, and the parties shall make every effort to replace any invalid terms with valid terms of similar, if possible, content.
8.2 Any notification by the Company to the User may be made by electronic or any other appropriate means.
8.3 Any notification by the User to the Company is valid only if made in writing by e-mail with proof of delivery/receipt, otherwise by any legal means, provided that the User's declaration of intent and the respective date can be proven.
8.4 E-mails constitute a valid and binding declaration of intent.
8.5 The Company is entitled in accordance with the legislation, to unilaterally amend the terms of this Agreement by informing the Subscriber through any appropriate means. It should be noted that the information may be provided both: i. via its website and ii. by e-mail.
8.6 The Company's failure to enforce or exercise, or its partial exercise of a right cannot be considered under any circumstances as a waiver of the exercise of said right in the future or as a weakening thereof.
8.7 The User is not entitled to assign to a third party any right or obligation arising from the terms of this agreement.
8.8 Any dispute arising from the present Agreement may be resolved by the Company upon the User’s submission of a relevant request to the Company. In the event that the dispute is not resolved in the above manner, the parties reserve the right to appeal to the competent Courts of Athens, whereas Greek Law is agreed to be the applicable law.