Terms and conditions

These Terms and Conditions (hereinafter, the “Terms and Conditions”) regulate the use of the Marketplace platform (hereinafter, the “Platform”) owned by GdOS Trade S.L., with headquarters at Calle Cochabamba 18, 28016, Madrid, with tax identification number B19923150, registered in the Mercantile Registry of Madrid, Volume 2024, Folio 5622, General Section, Entry 1, Sheet M-828830 (hereinafter, the “GdOS Trade” and/or the “Company”).

If you have any questions, you can contact us by email at info@gdostrade.com

These Terms and Conditions are directed exclusively to buyers and sellers of Guarantees of Origin (hereinafter, “User” or “Users”), who use the Platform to browse the available offers, in the case of buyers, or to create their own sales offer, in the case of sellers. These Terms and Conditions will be complemented by the Legal Notice, the Privacy Policy and any other document that GdOS Trade includes on the Platform.

1. PURPOSE OF THE PLATFORM

This Platform has been developed by GdOS Trade with the purpose of making available to Users a Marketplace to facilitate the purchase and sale of Guarantees of Origin (hereinafter, the “Products”)

GdOS Trade acts as a mere intermediary that facilitates and centralizes contact between buyers and sellers of the Products, facilitating safe and efficient renewable energy transactions at a global level. For the provision of this intermediation service, GdOS Trade will charge Users a commission, in accordance with Clause 4 of this document.

2. ACCEPTANCE OF THE TERMS AND CONDITIONS

By accepting the Terms and Conditions, Users agree to act at all times in accordance with the provisions set forth in the clauses of this legal text, which define the rights and obligations of GdOS Trade and Users regarding the contractual relationship arising from the use of intermediation services through the Platform.

These are the only General Terms and Conditions applicable to the use of the Platform for Users.

Access, registration, browsing, use, hosting and/or downloading of content and/or use of the Platform services by minors (under 18 years of age) is prohibited.

3. USE OF THE PLATFORM AND USER OBLIGATIONS

In order for Users to be able to enjoy the Services offered through the Platform, they must take into account the following:

3.1. User Registration on the Platform

In order to access the Platform and be able to publish or consult the Product offers, the User must register on the GdOS Trade Platform through a unique username and password that will be provided to them after signing the Framework Agreement and accepting these Terms and Conditions.

The User undertakes to only communicate data to GdOS Trade that is accurate, current and true.

Users will be fully responsible for the use of their account. Consequently, Users are responsible for the proper custody and confidentiality of the username and/or passwords that allow them access to their account, and they undertake not to transfer their use to third parties, whether temporarily or permanently, or to allow access to third parties.

In accordance with the above, Users must immediately notify GdOS Trade via email at info@gdostrade.com of any improper use of their account, due to circumstances such as theft, loss or unauthorized access to the same, so that GdOS Trade can proceed to cancel or block and/or disable it as soon as it becomes aware of the improper use of their User Account. As long as such facts are not communicated, GdOS Trade will be exempt from any liability that may arise from the improper use of the accounts by unauthorized third parties.

3.2. Suspension of the account

GdOS Trade is not responsible for the use that Users may make of the Contents included in the Platform.

However, GdOS Trade reserves the right to terminate the membership of any User who is misusing their account, performing fraudulent acts, contrary to the law, the provisions of these Terms and Conditions or who harm or may harm GdOS Trade and/or its activity.

In the event that GdOS Trade detects any anomaly or there are reasonable grounds for a User to be carrying out any of the acts mentioned above that contravene the law, good faith and/or these Terms and Conditions, GdOS Trade reserves the right to terminate the membership of the User, including any third parties who also have an account and who have benefited directly or indirectly from this type of action, and may also exercise all legal actions that may apply, with the User in question being responsible for any expenses that may arise from such acts, as well as any damages and losses incurred.

GdOS Trade may temporarily and without prior notice suspend access to the Platform for maintenance, repair, update or improvement purposes. However, whenever circumstances permit, GdOS Trade will inform Users, with sufficient notice, of the expected date for the suspension of the Services.

4. GENERAL OBLIGATIONS OF USERS

The User shall have the following obligations to GdOS Trade:

1. The User agrees to pay the commission for the provision of the service, in accordance with Clause 5 of this document.
2. The User agrees to comply with all the terms and conditions included in the Platform.
3. The User agrees to make diligent, correct and lawful use of the Platform, as well as the Services, in full compliance with the law, morality, public order and commonly accepted customs.
4. The use of the password is personal and non-transferable, and its transfer to third parties is not permitted. Consequently, the User is solely responsible for the diligent use of his/her password, with complete indemnity for the Company otherwise. In the event that the User or any other third party becomes aware of or suspects that his/her password has been used illegally, this fact must be brought to the attention of GdOS Trade as soon as possible.
5. The User guarantees to GdOS Trade that all personal information provided is accurate, truthful and up to date. It is the User's responsibility and obligation to keep their data updated at all times, and the User is solely responsible for any inaccuracy or falsity of the data provided to GdOS Trade and for any damages that may be caused to GdOS Trade or third parties.
6. In the event that the Client provides data or information that is false, erroneous or out of date on a recurring basis, the Company may stop providing services and close the User's account on the Platform.
7. In this regard, GdOS Trade reserves the right to suspend and/or cancel the User's account if the User does not comply with the obligations set forth in this Contract and/or in any other document governing the relationship between the User and GdOS Trade, without the User having the right to request any type of compensation or indemnity.
8. The User undertakes to comply with all the obligations stipulated in this Contract.

5. ECONOMIC CONDITIONS

As indicated, for the provision of the intermediation service, GdOS Trade will charge the User a commission of 0.04 Euros for each MWh transacted through the Platform.

Commissions will be invoiced monthly and payment will be due within 30 days following the invoice date.

In the event of non-payment by the User, the provisions of the Contract signed between the parties will apply.

6. DISCLAIMER

GdOS Trade is merely an intermediary between buyers and sellers of Guarantees of Origin. GdOS Trade merely offers a contact service between buyers and sellers, so that they can publish or browse the offers of the Products. For the reasons stated above, GdOS Trade is not responsible for the information that the User shares through the Platform. Likewise, GdOS Trade is not responsible for the information provided by the User.

GdOS Trade does not provide any guarantee nor is it responsible, in any case, for damages of any nature that may arise from access to or use of the contents of the Platform. Among others, and by way of example and not limitation, GdOS Trade is not responsible for the following circumstances:

1. The lack of availability, maintenance and effective operation of the Platform and/or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Platform.
2. The lack of utility of the Platform or the contents for any service.
3. The content of other Internet pages to which links or hyperlinks placed on the Platform may lead.
4. The existence of viruses, malicious or harmful programs on the Platform.
5. The illicit, negligent, fraudulent use, contrary to these Terms and Conditions or good faith, of the Platform or its contents, by Users, including any infringement of the intellectual and/or industrial property rights of GdOS Trade or third parties.
6. Of incidents caused by the lack of due diligence on the part of the User, or by improper use of the Platform.
7. Of the publication through the Platform of the different modifications and/or additional legal texts that GdOS Trade may include in the future on the Platform.
8. Of cases of force majeure, the blocking of telecommunications or the Internet network, actions or omissions of third parties, telecommunications operators or service, supply or transport companies or any other causes or circumstances beyond the control of GdOS Trade that prevent the normal use of the Platform.

GdOS Trade does not provide any type of financial or accounting, legal or tax advice; nor does it intervene for any purpose in the contractual relationships between buyers and sellers. Therefore, it cannot be understood that a service of this nature is provided.

By signing this Agreement, the User declares that he/she will hold GdOS Trade harmless against any claim against it, its parent company, directors, partners, employees, attorneys and agents arising from the User's breach of any provision contained in this Agreement or any law or regulation applicable to them for breach or violation of the rights of third parties.

In any case, GdOS Trade will only be liable for any damages that the User may suffer as a result of fraudulent or manifestly negligent conduct on its part, in relation to access to the Platform, the provision of its Services, as well as the use of the contents, tools and functionalities of the Platform.

7. INTELLECTUAL PROPERTY

Both parties undertake to respect the intellectual and industrial property rights of the other party in accordance with the provisions of Royal Legislative Decree 1/1996, of April 12, approving the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the legal provisions in force on the subject, as well as Law 17/2001, of December 7, on Trademarks and complementary legislation on intellectual and industrial property.

The reproduction, transmission, adaptation, translation, distribution, public communication, including its method of making available, of all or part of the contents of this Platform owned by GdOS Trade or a different third party is expressly prohibited, except with express written authorization from GdOS Trade or the third party owner.

GdOS Trade does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to GdOS Trade, and in no case will it be understood that the browsing access of the Users implies a waiver, transmission, license or total or partial transfer of said rights by GdOS Trade.

For its part, the User grants GdOS Trade a non-exclusive, non-transferable and non-sublicensable license, during the term of the contract signed between the parties, to use its logo for inclusion on the GdOS Trade Website.

The professional ensures that all the material delivered to GdOS Trade is its property or that of a third party that has authorized its use by the User and is protected by intellectual and industrial property regulations, its use by GdOS Trade being prohibited for any purpose other than that regulated in these Terms and Conditions, as well as by any other third party.

In the event that the Producer detects a violation of the above rights or its own rights by third parties, it will notify GdOS Trade as soon as possible, collaborating with it in the investigations, civil or criminal actions that, where appropriate, are decided to be exercised. To report a potential infringement, you must indicate the work that is the subject of infringement, the content that infringes that work, where it is in our Service and the reasons why you consider that this infringement occurs to the following email address: info@gdostrade.com

8. PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY

GdOS Trade guarantees the security and confidentiality of the personal data that Users provide in compliance with the provisions of Regulation 2016/679 of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (hereinafter, "RGPD") and Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (hereinafter, "LOPDGDD")

In this regard, Users are informed that, in terms of privacy and protection of their personal data, they may exercise the following rights:

1. Access your personal data;
2. request rectification of any inaccurate data;
3. request deletion of your data;
4. request that the processing of your data be limited;
5. oppose the processing of your data;
6. exercise your right to be forgotten; and
7. request the portability of your data. Likewise, Users will have the right not to be subject to decisions based solely on the automated processing of data.

The User may exercise all these rights by emailing info@gdostrade.com, stating the reason for their request.

Notwithstanding the foregoing, to find out all the details about the processing of personal data carried out by GdOS Trade, the User may find the privacy policy at the following link:

https://gdostrade.com/en/privacy-policy/

9. MISCELLANEOUS

In the event that any of the provisions of these Terms and Conditions are considered wholly or partially contrary to the Law or unenforceable, it will be eliminated from them and, if possible, it will be replaced by another stipulation with a similar effect to the one annulled, continuing in any case the validity of the contract in its remaining stipulations, which will not be affected by the partial nullity.

These Terms and Conditions are written in Spanish, without prejudice to the fact that they can be translated under certain conditions into other languages, such as English. Without prejudice to the foregoing, in case of doubt or conflict between the wording of the Terms and Conditions in the Spanish version and any other language, the Spanish version will always prevail.

GdOS Trade reserves the right to modify the presentation, configuration and content of these Terms and Conditions, as well as the Platform, and/or the conditions required for its access and/or use, with prior written notice to the Users.

10. CONTRACTUAL ASSIGNMENT

The User may not assign his rights and obligations under these Terms and Conditions to third parties without the prior written consent of GdOS Trade.

Notwithstanding the foregoing, GdOS Trade may assign its rights and obligations to any entity within its group of companies, worldwide, as well as to any person or entity that succeeds it in the exercise of its business for any reason.

11. JURISDICTION AND APPLICABLE LAW

These Terms and Conditions shall be governed by Spanish law. In the event of a dispute regarding the interpretation, execution or validity of these Terms and Conditions, the Courts and Tribunals of the territory of Madrid shall be competent.