Imprint & Legal Notice
Imprint and Disclosure
Imprint and Disclosure
You can find the Imprint and Data Protection Clause under here: https://www.omv-gas.de/en-de/imprint
§ 1 Scope
- OMV Gas shall make available to the Users the functions and information described in detail in § 3 below via the OMV Gas Portal. Depending on the authorization level of a User, the User may access their contractual documentation including the applicable contractual terms and conditions and review their consumption data, retrieve information on invoices, their due date and payment status and/or request prices in accordance with the contractual terms and conditions and, on the basis thereof, fix and unfix prices for tranches.
- The OMV Gas Portal and its functions are provided to the Users on a voluntary basis. The Users shall therefore have no legal claim against OMV Gas for the provision of the OMV Gas Portal and its functions at any time.
§ 2 Registration
- The OMV Gas Portal may only be used by natural on behalf of legal entities acting in the conduct of a profession or business within the meaning of § 14 of the German Civil Code (Bürgerliches Gesetzbuch) who are currently or have recently been in a contractual relationship with OMV Gas ("Customers") and requires the disclosure and registration of certain data of the User by the Customer to OMV Gas. A registration of external persons (e.g. consultants) furthermore requires the submission of a sufficient power of attorney. Any use of the OMV Gas Portal by consumers within the meaning of § 13 of the German Civil Code (Bürgerliches Gesetzbuch) shall be expressly excluded.
- When registering a User, the Customer shall indicate the authorization level of the respective User based on the functions of the OMV Gas Portal as set out in § 3 below. The Customer may select one or more functions for the respective User. The Customer warrants that the Users have the necessary expertise and authorizations for the respective authorization levels and are legally entitled to use the OMV Gas Portal and perform transactions on behalf of the Customer.
- There is no legal claim against OMV Gas for registration as a User in the OMV Gas Portal; OMV Gas may therefore refuse registration of a User without providing a reason and block access of certain Users at any time or restrict access to certain parts of the OMV Gas Portal.
- Registration shall be effected by OMV Gas sending individual access data to the respective User after all registration requirements have been met. The access data shall be kept secret by the User.
- Upon registration of a User, a customer account is created within the OMV Gas Portal, which can be accessed by the User after successful registration by entering the e-mail address (user name) and password. The User must ensure that his password is not made available to third parties and must take all necessary security measures in this regard.
- In case of changes in the personal data of a User after his registration, the User shall inform OMV Gas immediately. OMV Gas shall also be informed immediately if a User leaves the Customer's business or if his authorization to use the OMV Gas Portal shall cease for other reasons. In the absence of such notification, the existing authorization levels shall continue to apply unchanged.
§ 3 Functions
- OMV Gas shall make the OMV Gas Portal available on the website XXX to the Users registered in accordance with § 2 above within their respective authorization levels. OMV Gas reserves the right to change, restrict or extend the scope of the functions of the OMV Gas Portal at any time and without providing any reasons.
- The functions of the OMV Gas Portal include the following
- Contracts: Under the menu item "Contracts", Users are offered an overview of all existing gas supply contracts concluded between the Customer and OMV Gas.
- Documents: Under the menu item "Documents", Users may inspect the documents relevant between the Customer and OMV Gas, including the gas supply contracts, from which the contract term, quantities, prices and other contractual terms and conditions underlying the contractual relationship can be derived.
- Invoices & Payments: Under the menu item "Invoices & Payments", Users may retrieve current and past invoices, check their due date and payment status and create invoice previews for the coming billing period.
- Time Series: Under the menu item Users "Time Series", Users may review their historical consumption data per delivery point and export this data (excel and CSV format).
- Position Overview: Under the menu item "Position Overview", Users may submit price requests (settlement or OTC basis) to OMV Gas electronically in accordance with the contractual terms and conditions of the underlying gas supply contract and fix or unfix prices of tranches on the basis of a binding offer made by OMV Gas to the User for certain periods of time and volumes.
§ 4 Conclusion of Price Fixings and Unfixings
- Prerequisite for the conclusion of a tranche fixing or unfixing shall be a price request of the User to OMV Gas including a price reference (settlement or OTC). A price request shall be understood as the Customer’s non-binding inquiry to OMV Gas to submit a binding offer to fix or unfix prices of tranches on the basis of the data transmitted by the User. A price request can be made in the OMV Gas Portal under the menu item "Position Overview" by clicking on the button "Price Request" or "Request to Sales".
- The User is obliged to provide complete and truthful information in his price request. Incomplete or untruthful data shall entitle OMV Gas to contest and withdraw an offer made on the basis of an incomplete or untruthful price request.
- OMV Gas shall submit an offer to the User upon receipt of a price request and in accordance with the price reference chosen by the User (settlement or OTC). The offer shall be made directly in the User's customer account when a price request is submitted via the "Price Request" button and can be accepted by the User with legal effect within the period of validity specified by OMV Gas by clicking the "Buy" button. In case of a price request via the button "Request to Sales", OMV Gas shall transmit the offer by telephone, e-mail or any other means and the offer may be accepted by the User with legal effect within the period of validity specified by OMV Gas by means of a corresponding declaration of intent.
- If the User accepts the offer within the period of validity, both parties shall be notified by an e-mail, which is automatically generated by the OMV Gas Portal. The tranche fixing or unfixing shall become legally effective through the parties’ concordant declarations of intent within the meaning of para 3 above; a subsequent confirmation is not a prerequisite for the legally effective conclusion.
- The User shall inform OMV Gas without undue delay if he does not receive an e-mail (as described in para above) or if he believes that the e-mail sent is incorrect or incomplete. In this case, both parties shall endeavor to clarify the inconsistencies.
- OMV Gas shall have no legal obligation to submit an offer nor shall the User have a legal obligation to accept an offer.
§ 5 Technical Availability
- OMV Gas shall make every effort to the best of its ability and capabilities to make the OMV Gas Portal and its functions permanently available to the Users as far as technically possible and feasible. The User shall have, however, no legal claim against OMV Gas to use the OMV Gas Portal and its functions.
- OMV Gas shall therefore be entitled to restrict the functions of the OMV Gas Portal at any time if this appears necessary due to unforeseeable technical failures, for maintenance reasons or updating of the software, with regard to the security and integrity of the servers or due to other technical or factual circumstances. OMV Gas shall endeavor to keep the duration of the interruption as short as possible and restore the availability in due time.
- OMV Gas shall not be liable for the availability of the OMV Gas Portal and its functions. In particular, OMV Gas shall not be liable for failures of any kind, interruptions and resulting faulty presentation of the contents or functions of the OMV Gas Portal or for technical transmission errors.
- During an interruption of the OMV Gas Portal, data can neither be sent nor received. Periods of validity for price requests and offers shall continue to run and are not extended by the duration of the interruption.
§ 6 Obligations of the Users
- The User warrants that the data and information provided upon registration in the OMV Gas Portal is correct and complete. Each User shall be authorized to use the functions of the OMV Gas Portal listed in § 3 above exclusively according to the authorization level granted to him by the Customer upon registration. Any subsequent changes in the authorization level shall be notified to OMV Gas in writing and shall only become effective once the change has been implemented in the OMV Gas Portal.
- The User shall not be entitled to disclose any information and documentation made available via the OMV Gas Portal to third parties, neither for a fee nor free of charge, neither in full nor in extracts, unless it is expressly stated in the OMV Gas Portal that contents are intended for publication or transfer to third parties.
- In case of violation of any of these obligations, OMV Gas reserves the right to immediately restrict or block the access of the User concerned to the OMV Gas Portal and to delete incorrect information. In the event of misuse of the OMV Gas Portal, the User shall be liable to OMV Gas for all damages resulting therefrom and shall indemnify and hold OMV Gas harmless from and against all claims of third parties.
§ 7 Liability
- The provisions of this § 9 shall apply exclusively to the relationship between OMV Gas as the operator of the OMV Gas Portal and the Customers and Users and shall only affect claims directly resulting from this user relationship. All claims of a Customer arising from a gas supply contract with OMV Gas shall be exclusively governed by the provisions of the relevant gas supply contract.
- OMV Gas as well as its vicarious agents shall not be liable for culpably caused damage unless the damage was caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit). This shall not apply to damages resulting from injury to life, body or health or culpable violation of material contractual obligations (Kardinalspflichten).
- In the event of a breach of material contractual obligations based on circumstances other than willful misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit), the liability shall be limited to the damage that is typical for the industry and foreseeable at the time of the conclusion of this user relationship. The same applies to grossly negligent behavior of vicarious agents (non-executive employees) of OMV Gas outside the area of the material contractual obligations as well as to damages to life, body or health.
- Any liability for consequential damage and loss of profit is expressly excluded.
- OMV Gas shall be notified without delay in the event of damage eligible for compensation.
§ 8 Confidentiality
- Any information or documents pertaining to this user relationship and the OMV Gas Portal are confidential. Without the prior written consent of the other party, a party shall not communicate any confidential information to any third party. Group companies of the parties within the meaning of § 15 of the Austrian Stock Corporation Act (Aktiengesetz) do not qualify as third parties for the purpose of this confidentiality provision. If a party communicates confidential information to a third party with the consent of the other party and without the third party being bound to professional secrecy, it shall ensure that such third party is also bound by this confidentiality provision.
- The confidentiality obligation in the previous paragraph does not apply in the event that a party is required by law, by a regulatory authority or a governmental body, or in an administrative or legal procedure, to provide information regarding this user relationship. In such an event, the relevant party shall provide only the minimum amount of the required information.
- This confidentiality obligation shall remain in force for a period of three (3) years after termination of this user relationship.
§ 9 Data Protection
- OMV Gas is committed to processing the disclosed personal data of the User, if any, in accordance with the national data protection laws and the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
- Further information on the processing of personal data and the Data Protection Notice of OMV Gas are available under https://www.omv-gas.de/en-de/info/data-protection.
§ 10 Miscellaneous
- The inclusion of general terms and conditions of a Customer is hereby expressly objected to.
§ 11 Applicable Law and Place of Jurisdiction