GENERAL TERMS AND CONDITIONS FOR THE USE OF THE E-LUMINATI PLATFORM

These General Terms and Conditions apply to the use of the E-Luminati Platform. Access to the These General Terms and Conditions apply to the use of the E-Luminati Platform. Access to the Platform is reserved for natural and legal persons registered in the (Belgian) Crossroads Bank for Enterprises (CBE) and thus holding a CBE number. Please note that these General Terms and Conditions differ from the Conditions of Use for the website www.e-luminati.com. While the website is accessible to every Internet user, the Platform is only accessible to registered Users.

Definitions:

E-Luminati: owner and operator of the Platform.
Customer: the professional user who registers as such on the Platform with CBE number and aims to launch a quotation request for the purpose of obtaining quotes for the supply of electricity or gas.
Supplier: the holder of a delivery licence in Belgium who can generate quotes for the Customer with a view to concluding a contract for the supply of electricity or gas.
User(s): Customer(s) and Supplier(s).
Platform: the trading platform operated by E-Luminati, which allows Customers and Suppliers to connect with each other for the purpose of forwarding a quotation request from Customers to Suppliers and quotes from Suppliers to Customers. The Platform is accessible via the website www.e-luminati.com.

 

  1. On the Platform, E-Luminati brings Customers and Suppliers into contact with each other by sending quotation requests for electricity or gas from the Customers to the Suppliers and quotes from the Suppliers to the Customers with a view to concluding supply contracts for electricity or gas. The purpose and operation of the Platform are described in detail on www.e-luminati.com. The Platform is for professional use only. Customers should be included in the Crossroads Bank for Enterprises. The Platform is open to all Suppliers. To gain access to the Platform, Suppliers should contact info@e-luminati.com. However, E-Luminati does not guarantee that quotes will actually be submitted by the Suppliers in response to the Customer’s quotation request.
  1. By ticking the “I agree to the General Terms and Conditions applicable to this Platform” box, the Users expressly declare that they agree to these General Terms and Conditions. This agreement will have to be reconfirmed each time the Platform is re-used. If Users do not agree and therefore do not tick the “I agree to the Terms and Conditions applicable to this Platform” box, they will be denied further access to, and use of, the Platform.
  1. Persons operating on the Platform on behalf, and for the account, of Customers or Suppliers should be duly mandated to do so and should therefore also have the authority to enter into commitments that arise as a result of their activities on the Platform. E-Luminati itself cannot ascertain whether such persons are duly mandated.
  1. E-Luminati has developed the Platform and runs it in accordance with the relevant Belgian legislation. These General Terms and Conditions and all consequences arising therefrom must therefore be interpreted in accordance with Belgian law. Only the Belgian courts have jurisdiction to hear any disputes regarding the use of the Platform and these General Terms and Conditions.
  1. 5. Customers and Suppliers are responsible for the data they enter on the Platform. Customers are therefore responsible for all data they enter in relation to their requests for quotes from Suppliers. Suppliers, in turn, are responsible for the content of the quotes they submit in response to the Customer’s quotation request. Customers and Suppliers should therefore ensure that the data and, in general, the information they exchange through the Platform is completely correct and that they are entitled to exchange it lawfully.
  1. E-Luminati guarantees the operation of the Platform in accordance with the standards applicable to the activities for which it was established. However, E-Luminati cannot be held responsible if the Platform is not accessible or does not work for reasons attributable to third parties.
  1. After Customers have entered their data for a quotation request, as requested on the Platform, they must pay the corresponding fee by credit card before their request can be passed on to the Suppliers. Customers will receive an invoice for this at the address and VAT number as entered by them on the Platform at the time of registration. Any complaints regarding payment and invoicing can be reported to info@e-luminati.com within 30 calendar days after payment of the fee for the use of the Platform.
  1. E-Luminati takes all measures that may be expected of it, as the Platform’s operator, in order to protect the confidentiality of the data entered, both commercially and privacy related, in accordance with the relevant Belgian legislation. However, E-Luminati has the right to use data of which it becomes aware through the use which Customers and Suppliers make of the Platform, in a general and anonymised manner and display it for statistical purposes in terms of purchasing or selling behaviour.
  1. E-Luminati only accepts liability for damage arising as a result of a fault on its part which results in the Platform failing to work as indicated in the descriptive texts. This liability for damage can only be interpreted in accordance with the relevant Belgian law. In this context, E-Luminati, therefore, requests that both Customers and Suppliers report to E-Luminati any defects they may identify in the Use of the Platform. E-Luminati will investigate such reported defects and rectify them as soon as possible. Customers and Suppliers can report the identified defects via info@e-luminati.com.
    Customers whose quotation requests, after they have paid for obtaining access to the Platform, are not correctly passed on by the Platform to the Suppliers, have the right to initiate a new quotation request at no extra cost. To this end, they contact E-Luminati via the e-mail address info@e-luminati.com after which E-Luminati will investigate whether they are actually entitled to a new quotation request with the same data as entered during the first attempt. For the sake of clarity: this right does not apply if Suppliers have not submitted any quotes in response to a Customer’s quotation request.
    E-Luminati has the right to interrupt the operation of the Platform at any time and to take it offline if it suspects that the Platform is being used improperly, if it is hacked, or if there is a (possible) influence on its effect by viruses or other possible harmful influence. In such cases, E Luminati cannot be held liable for any damage caused to the Customer. E-Luminati will do its utmost to make the Platform available as soon as possible and send the already paid quotation requests to the Suppliers or, conversely, send the Suppliers’ quotes to the relevant Customers.
    Insofar as necessary, E-Luminati points out that both Customer and Supplier shall provide the necessary backups of their own data and quotes.
    E-Luminati also points out that it does not investigate, and therefore accepts no responsibility for, the creditworthiness and economic viability of either Customers or Suppliers. It is up to the Customers and the Suppliers themselves to check whether they meet each other’s requirements and conditions before concluding a contract.
    In the event that a proven error on the part of E-Luminati actually results in proven damage, any compensation by E-Luminati shall in any event be limited to five (5) times the amount invoiced to the Customer, both in respect of the Customer and in respect of the Supplier who responded or attempted to respond to the Customer’s quotation request for electricity or gas.
  1. E-Luminati has drawn up a number of specific terms and conditions for the supply of electricity or gas (http://e-luminati.com/terms-and-conditions/?lang=en), which should make it easy for Customers to evaluate Suppliers’ quotes and make it easy for Suppliers to prepare quotes. By submitting quotes to the Customers via the Platform, Suppliers accept these specific terms and conditions and allow them to take precedence over their own terms and conditions of delivery, which they submit to the Customer, if applicable. The supplier’s conditions, both general and specific, apply to all elements that are not covered by the specific conditions of E Luminati. If changes are made to these specific delivery Terms and Conditions which may influence the quotes, E-Luminati will notify such new specific delivery Terms and Conditions to the Suppliers 14 days before they are made public and come into effect. Such new specific delivery Terms and Conditions shall apply to the new quotes to be generated after their entry into force.
  1. Intellectual Property Rights
    All intellectual property rights relating to the Platform are owned by E-Luminati in accordance with the relevant Belgian legislation.
    E-Luminati does not ask for any intellectual property rights on the data that Customers enter on its Platform or on any quotes that Suppliers submit via the Platform. Consequently, E-Luminati does not accept any liability for damage if such data violate the rights of third parties.
  1. E-Luminati is entitled to amend these General Terms and Conditions at any time in accordance with the relevant Belgian law. Changes take effect immediately. However, the quotation requests and subsequent quotes will, in relation to the Platform, continue to be governed by the General Terms and Conditions in force at the time of the Customer’s launch of the request, i. e. after payment by the Customer.