This Legal Notice (“Legal Notice”) sets forth the rules applicable to accessing and using this website (https://plenergy.pt/) and mobile application (APP – PLENERGY) (collectively, the “Digital Platforms”) provided by:
Users (“Users”) must carefully read the following Legal Notice before using the Digital Platforms, as it contains essential information regarding their rights and obligations, as well as conditions, limitations, and exclusions that may apply.
By using the Digital Platforms, clicking “I Accept” when prompted, or indicating their acceptance via an opt-in checkbox, Users confirm that they understand and agree to comply with the rules set forth in this Legal Notice.
Users accepting this Legal Notice on behalf of a company or other legal entity represent that they have the authority to do so on behalf of such entity, in which case “User” shall refer to that entity. If they lack such authority or do not agree with the entirety of this Legal Notice, Plenergy will not be able to grant access to the Digital Platforms.
If Users do not agree with this Legal Notice or are prohibited by applicable law from accessing or using the Digital Platforms, they must refrain from doing so.
The rules contained in this Legal Notice operate independently of the General Terms and Conditions that, if applicable, bind Users with whom Plenergy has established a contractual relationship.
Users commit to complying with this Legal Notice, as well as any special usage notices or instructions contained herein. They agree to act in accordance with applicable laws, moral standards, good practices, and the requirements of good faith and public order, acting diligently and refraining from using the Digital Platforms in any way that could harm, damage, or impair their normal operation, the assets or rights of Plenergy, other Users, or, in general, any third party.
In this regard, Users acknowledge that they are responsible for their actions when accessing or using the Digital Platforms and for any resulting consequences. Specifically, without limiting the aforementioned, Users agree to:
Plenergy reserves the right to remove from the Digital Platforms any comments, contributions, or content that violate the aforementioned rules or any applicable legal obligations in this regard.
Plenergy shall not be liable for any losses that may result from interferences, omissions, interruptions, computer viruses, failures, or disconnections in the operation of electronic systems or Users’ devices and equipment due to causes beyond Plenergy’s control. This includes delays or access blockages caused by deficiencies or overloads of the Internet or other electronic systems.
Furthermore, Plenergy shall not be responsible for any use of the content of the Digital Platforms by Users that may violate national or international laws related to the protection of intellectual or industrial property rights, or any other rights held by third parties. Specifically, each User is solely responsible for providing incorrect, false, or third-party information without consent, as well as for the misuse of such information.
Plenergy shall also not be held responsible for any errors or omissions that may occur in the content of the Digital Platforms or any other content accessible from them. To the fullest extent permitted by law, Plenergy shall not be liable for any damages resulting from the use of the Digital Platforms or for any actions taken based on the information provided therein.
Through this document, Users waive and release Plenergy, as well as its parent company, subsidiaries, affiliates, and all their respective directors, officers, employees, agents, service providers, licensors, suppliers, and successors, from any and all claims arising from actions taken by Plenergy, or any of the aforementioned parties, in connection with investigations conducted by themselves, those parties, or authorities.
Notwithstanding the above, Plenergy declares that it has adopted and will continue to adopt all necessary measures, within its technical capabilities and current technological standards, to ensure the proper functioning of the Digital Platforms and to prevent the existence and transmission of viruses and other harmful components to Users.
Plenergy reserves the right to interrupt access to the Digital Platforms at any time and without prior notice, whether for technical, security, control, maintenance, power supply failure, or any other reason. In any case, it will strive to restore access as quickly as possible.
Users agree to indemnify and hold harmless Plenergy, as well as its parent company, subsidiaries, affiliates, and all their respective directors, officers, employees, agents, service providers, licensors, suppliers, and successors, from and against any claims, liabilities, actual or consequential damages, lawsuits, judgments, litigation costs, and attorneys’ fees of any kind or nature arising from:
Users agree that Plenergy will have control over the defence or resolution of such claims.
Moreover, if Plenergy has reasonable grounds to believe that Users have violated any of the commitments aforementioned, it reserves the right, at its sole and absolute discretion, without prior notice or liability to the Users, to restrict their use of the Digital Platforms and, if permitted by law, to pursue available legal remedies.
In the event of termination or expiration of this Legal Notice, whether at the initiative of the Users or by Plenergy’s decision, Users may lose access to any information they have entered into the Digital Platforms or that concerns them. Users acknowledge that Plenergy has no obligation to retain such information in its databases.
Similarly, Plenergy reserves the right, without prior notice, to initiate appropriate legal proceedings, including referring matters to law enforcement or regulatory authorities or notifying the affected party about any unlawful or unauthorised use of the Digital Platforms.
In addition, without limiting the foregoing, Plenergy has the right to fully cooperate with any law enforcement authorities or court orders requesting or requiring the disclosure of the identity or other data of any User of the Digital Platforms.
Plenergy shall not be held liable to Users, nor considered to be in breach of this Legal Notice, in the event of any failure or delay in fulfilling or executing its obligations due to the following force majeure events (“Force Majeure Events”):
Should Plenergy encounter a Force Majeure Event, it will make all reasonable efforts to promptly notify Users of the event, including its expected duration.
Plenergy will diligently work to resolve the situation and minimise the effects of the Force Majeure Event, resuming its obligations as soon as reasonably possible once the event is resolved.
If Plenergy’s failure or delay extends for 45 (forty-five) consecutive days following written notification to Users, as stipulated in this section, Plenergy may then terminate this Legal Notice with a 15 (fifteen) day prior written notice.
The Digital Platforms and all their content, including articles, opinions, texts, lists, user manuals, photographs, designs, images, videos, audios, advertising texts, trademarks, logos, domain names, and other proprietary elements (including source codes and/or other intellectual property rights, “Materials”), are owned by Plenergy or used with third-party authorisation. They are protected against unauthorised use, copying, or disclosure under national laws and international treaties on intellectual property rights.
Nothing in this Legal Notice or within the content of the Digital Platforms shall be construed as granting, accepting, or otherwise providing the right to use any Material in any way without prior written consent from Plenergy or the owner of the Material or intellectual property rights published on the Digital Platforms.
The use, copying, reproduction, modification, republication, updating, downloading, email transmission, distribution, duplication, or any other misuse of the Material not explicitly identified but of a similar nature is strictly prohibited. Users agree not to use the Material for any unlawful purposes or to infringe upon Plenergy’s rights.
However, Users may view and display the content and Materials from the Digital Platforms on a computer or electronic device screen, store such content electronically on a personal disk (excluding servers or internet-connected storage devices), or print such content for personal, non-commercial use.
Access to the Digital Platforms does not grant Users any rights over the content provided by Plenergy.
Our Privacy Policy and Cookies Policy describe how we collect, use, store, and disclose Users’ Personal Data, which are incorporated into this Legal Notice. Users agree to the collection, use, storage, and disclosure of their data in accordance with our Privacy Policy and Cookies Policy.
Plenergy is continuously innovating the Digital Platforms to offer the best possible experience. As such, Plenergy reserves the right to amend this Legal Notice at any time. Any changes to this Legal Notice will become effective on the “Last Updated Date” indicated at the bottom of this page.
Plenergy therefore recommends that Users revisit this Legal Notice before using the Digital Platforms or any services accessible through them.
Continued use of the Digital Platforms after the “Last Updated Date” will imply Users’ acceptance and consent to these changes.
If links or hyperlinks to other websites on the internet are made available through the Digital Platforms, it should be noted that Plenergy has no control over such websites or their respective content.
Plenergy shall not be liable under any circumstances for the content of any link directing to an external website, nor does it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, veracity, validity, or legality of any content or information on those websites.
Similarly, the inclusion of such external links does not imply any association, merger, or partnership with the entities owning the websites in question.
This Legal Notice, together with the Privacy Policy and the Cookies Policy, constitutes the entire agreement between Users and Plenergy governing the access and use of the Digital Platforms by Users. This Legal Notice supersedes any prior or current agreements, oral or written, between Users and Plenergy regarding the use of the Digital Platforms.
This Legal Notice does not confer rights or legal remedies to any person or entity other than Users.
The interpretation of the language in this Legal Notice will be conducted in accordance with its fair meaning, without favouring or prejudicing either party.
If any provision of this Legal Notice is deemed invalid, illegal, void, or unenforceable, that part will be excluded from the Legal Notice and will not affect the validity or enforceability of the remaining provisions.
Plenergy’s failure or delay in exercising or enforcing any right or provision of this Legal Notice will not be considered a waiver of the future exercise or enforcement of that right or provision. Waivers of any right or provision in this Legal Notice will only be effective if made in writing and signed by a duly authorised representative of Plenergy.
All matters related to this Legal Notice shall be governed by and interpreted in accordance with the laws of Portugal, excluding any choice or conflict of law provisions or rules.
Furthermore, Plenergy and Users irrevocably submit to the exclusive jurisdiction of the courts of Lisbon for the resolution of any disputes, expressly waiving any right to bring proceedings in any other court or jurisdiction.
Plenergy reserves the right to modify this Legal Notice at any time. In the event of changes to the Policy, the “Last Updated Date” at the bottom of this page will also be updated. If the change is substantial, a notice will be placed on the Digital Platforms.
By continuing to use the Digital Platforms after the “Last Updated Date,” Users confirm and consent to accept such changes.
Users may not assign any of their rights or obligations under this Legal Notice without prior written consent from Plenergy, whether by operation of law or otherwise. Plenergy may, at its sole discretion, assign its rights and obligations under this Legal Notice to an affiliated company or in connection with an acquisition, sale, or merger.
All matters related to this Legal Notice will be governed by and interpreted in accordance with Spanish law. Similarly, Plenergy and Users agree to submit to the exclusive jurisdiction of the courts of Madrid for the resolution of any disputes related to this Legal Notice.
For any questions or comments, Users should contact Plenergy via the following email address: protecciondedatos@plenergy.es
Last Updated Date: 12/12/2024.