General Terms and Conditions of Use - sowee-energie.io

1. DEFINITIONS

The following definitions apply in these general terms and conditions of use:

« GTCU »: refers to these General Terms and Conditions of Use.

« Dolead »: refers to Dolead UK Ltd, a private limited company registered in England and Wales with company registration number 12711360, whose registered office is located Wilberforce House, Station Road, London, United Kingdom, NW4 4QE.

« Partner(s) »: refers to any supplier of goods and/or services, with whom the Users are put in touch using Dolead’s Intermediation Service.

« Additional Service(s) »: refers to the service(s) other than the Intermediation Service, as set forth in clause 2 of these GTCU.

« Intermediation Service(s) »: refers to the matchmaking of a User with one or more Partners, as set forth in clause 2 of these GTCU.

« Service(s) »: refers to the Intermediation Service(s) and to the Additional Service(s) together as a whole.

« Website »: refers to the website at domain address www.dolead.com and all other websites on which the Services offered by Dolead are accessible to the Users.

« User(s) »: refers to any natural person or legal entity using one or more of the Services offered by Dolead or who uses the Website.

2- WHO ARE DOLEAD?

2.1. Dolead is a service provider company, specialising in digital marketing brokerage. Dolead offers Users:

An Intermediation Service, which consists of putting Users, who are in search of goods and/or services, and who are expressly requesting it, in touch with Partners likely to provide the goods and/or services sought;

Occasionally, Additional Services, such as enabling Users to be put in touch with Partners others than those subject to their initial research pursuant to the Intermediation Service or allowing users to rate their experience of Dolead’s Services.

2.2. The User accesses the Services by clicking on a content that is proposed to him/her. Dolead does not directly contact the User to offer its Services, and will only interact with the user once the user has clicked on the relevant content. Likewise, within the scope of the Intermediation Service:

Once the User has been put in touch with one or more Partners, Dolead:

Never contacts the User, and never intervenes, in any way whatsoever, in the exchanges between them and Partner and in what might result from these exchanges; User will transact and contract directly with any Partner which it wishes to purchase goods and/or services from and Dolead shall not intervene or be involved in any such contracts for the provision of goods and/or services from the Partner. Does not control the means of contact (phone, text messages, e-mail, etc.) used by the Partner(s) to contact the User.

Dolead is likely to receive remuneration, usually by way of commission, for certain contracts that the User might conclude with one or more Partners with whom he/she was put in touch. Despite any such remuneration, the User acknowledges that Dolead does not intervene in the negotiation and/or conclusion and/or execution of these contracts.

2.3. To contact Dolead please:

Email Dolead at: dpo@dolead.com;

3- THESE GTCU AND OTHER TERMS

3.1. The Website is directed to people residing in England and Wales. Dolead does not represent that content available on or through the Website is appropriate for use or available in other locations.

3.2. These GTCU are intended to govern the relations between, on the one hand, Dolead, and on the other, the User, when they are using the Website and/or when they use Dolead’s Services.

3.3. By using the Website and/or the Services the User confirms that they accept these GTCU and that they agree to comply with these GTCU. For this purpose, Dolead invites the User to carefully read the GTCU and Dolead recommends that the User prints a copy of these GTCU for future reference. In addition, but notwithstanding that by using the Website the User confirms that they accept these GTCU, before Using the Services, the User may be required to expressly accept these GTCU. The User will not be able to use the Services if he/she does not accept the GTCU.

3.4. User’s are also responsible for ensuring that all persons who access the Website through their internet connection are aware of these GTCU and other applicable terms and conditions, and that they comply with them.

3.5. There are other terms which apply to the User’s use of the Website and these include:

Dolead’s Privacy Policy, detailing Dolead’s use of User’s personal data when using the Website and using the Services;

Dolead’s Cookies Policy, informing Users about the cookies used by the Website and how to manage their consent to the use of those cookies.

4- ACCESS TO SERVICES

4.1. The Services are accessible from the Website. Access to the Website requires an internet connection and an internet connected device.

4.2. Dolead will use reasonable efforts to keep the Website accessible without excessive delay or interruption. However, Dolead does not guarantee access to the Website, or any content on it, or Services available via it, will always be available or be uninterrupted. In particular, Dolead may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons, including, but not limited to, to carry out maintenance and/or updates to its Website, for instance in order to adapt its content and/or integrate Services evolutions. In addition, Dolead does not guarantee uninterrupted operation of any internet connection.

4.3. Users are personally responsible for setting up and updating the electronic devices and telecommunications resources required to access the Website. Any costs associated with this shall be borne exclusively by them.

4.4. Dolead draws the attention of the Users to the fact that the internet network is not perfectly secure. It is their responsibility to take all appropriate measures to protect their data, software and devices.

4.5. Dolead may update and change the Website from time to time to reflect changes to the Services, Users ‘needs and Dolead’s business priorities.

5- SERVICE USE

5.1. In order to benefit from the Intermediation Service and thus be put in touch with one or more Partners, the User shall: fill in the fields marked with an asterisk (*) or which otherwise indicate a “mandatory field”, until they reach the end of the Website interface. All other fields are optional; submit his/her request, following the instructions appearing on the screen at the end of the Website interface.

5.2. The matchmaking request may not be successful if: the User does not reach the end of the process of submitting a matchmaking request; the information provided, in particular data enabling Partners to contact the Users, are incorrect.

5.3. Once the matchmaking request has been submitted by the User, Dolead processes the request. To this end, Dolead may contact the User to confirm the information provided. Once the request has been processed and validated by Dolead, Dolead will use all reasonable endeavours to transfer the User’s information to one or more aforementioned Partners within 24 hours after validation of the request, or 96 hours at the latest during weekends or public holidays.

5.4. Additional Services are occasionally offered to the Users, in addition to the Intermediation Service. These Additional Services are optional. The Users are not required to use them in order to benefit from the Intermediation Service.

6- PRICE

The Website and the Services offered by Dolead to the Users are free of charge to the User.

7- OBLIGATIONS OF THE USERS

7.1. The Users shall not use the Website or the Services: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm minors in any way; to bully, insult, intimidate or humiliate any person; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; for commercial purposes to promote their business.

7.2. The User agrees not to access without authority, interfere with, damage or disrupt: any part of the Website; any equipment or network on which the Website is stored; any software used in the provision of the Website; any equipment or network or software owned or used by any third party.

7.3. When the Website contains fields to be completed by the User, the User agrees to comply with the following standards (Acceptable Use Standards) where information which the User inputs must: be accurate; not be defamatory of any person; not be obscene, offensive, hateful or inflammatory; not bully insult, intimidate or humiliate; must not sexually explicit material; must not child sexual abuse material; must not promote violence; must not discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; not infringe any copyright, database right or trade mark of any other person; not be likely to deceive any person; not breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; not promote any illegal content or activity; not be in contempt of court; not be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; not likely to harass, upset, embarrass, alarm or annoy any other person; not impersonate any person or misrepresent the User’s identity or affiliation with any person; not advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

7.4. The User will be liable to Dolead and indemnify Dolead for any breach of the Acceptable Use Standards or this clause 7. This means the User will be responsible for any loss or damage Dolead suffers as a result of the User’s breach of the Acceptable Use Standards or the User’s breach of this clause 7.

7.5. The User must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. The User must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. The User must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, the User would commit a criminal offence under the Computer Misuse Act 1990. Dolead will report any such breach to the relevant law enforcement authorities and Dolead will co-operate with those authorities by disclosing the User’s identity to them. In the event of such a breach, the User’s right to use the Website and the Services will cease immediately.

7.6. When Dolead considers that a breach of this clause 7 has occurred, Dolead may take such action as Dolead deems appropriate. This may result in Dolead taking all or any of the following actions: Immediate, temporary or permanent withdrawal of the User’s right to use the Website or the Services; Issue of a warning to the User; Legal proceedings against the User for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; Further legal action against the User; Disclosure of such information to law enforcement authorities as Dolead reasonably feel is necessary or as required by law.

8- INTELLECTUAL PROPERTY & IMAGE

8.1. The Website, whether as a whole or in its individual components, whatever they may be (for instance texts, illustrations, photographs, logos, products, software, source codes or any other feature, whether graphic, audio, interactive, video, multimedia, etc.), are protected by intellectual property rights (for example trademarks, copyrights, design rights, patents). These rights are the exclusive property of Dolead, its Partners and/or third parties. As a consequence, any use of these components (namely reproduction, communication, downloading, modification, translation, etc.), as a whole or in part, requires the prior written consent of Dolead and/or of the owner of the right.

8.2. The Website may also contain features, whatever they may be (for instance image, voice, etc.) representing the whole or part of another person. As a consequence, any use of these features (namely reproduction, communication, download, modification, translation, etc.), as a whole or in part, requires the prior written consent of Dolead and/or the natural person concerned.

8.3. These GTCU and all Dolead’s legal documentation are Dolead’s exclusive property. It is strictly forbidden to copy or imitate, as a whole or in part, any of their elements without Dolead’s prior written consent.

9- LIABILITY

9.1. No matter whether the User is a consumer or a business user, Dolead does not exclude or limit in any way its liability to Users where it would be unlawful to do so. This includes liability for death or personal injury caused by Dolead’s negligence or the negligence of Dolead’s employees, agents or subcontractors and for fraud or fraudulent misrepresentation. If the User acts as a consumer Dolead only the Website for domestic and private use. The consumer User agrees not to use the Website for any commercial or business purposes, and Dolead shall have no liability to the User for any loss of profit, loss of business, business interruption, or loss of business opportunity; Dolead will have no liability for any damage caused by a total or partial non-fulfillment of these GTCU, if this results from: the User’s own breach of these GTCU or any other of Dolead’s terms; an event outside of Dolead’s control.

9.3. If the User is a business user: Dolead excludes all implied conditions, warranties, representations or other terms that may apply to the Website, the Services or any content on the Website; Dolead will not be liable to the User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, the Website or the Services; or use of or reliance on any content displayed on the Website. In particular, Dolead will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

9.4. Dolead shall have no liability in respect of any dispute between a User and the Partner(s) with whom they were put in touch with via the Services.

9.5. Links may be found on the Website and direct Users to third party websites. These links are provided for User’s information only. Such links should not be interpreted as approval by Dolead of those linked websites or information Users may obtain from them. Dolead draws the User’s attention to the fact that it does not have any control over these websites. As a consequence, the User acknowledges that Dolead is not responsible for their content

9.6. Introductions to Partners via the Intermediation Services or otherwise should not be interpreted as approval by Dolead of those Partners, the goods and/or services offered by those Partners or information Users may obtain from them.

9.7. The content on the Website is provided for general information only. It is not intended to amount to advice on which Users should rely. Users must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

9.8. Although Dolead makes reasonable efforts to update the information on the Website, Dolead makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

9.9. Dolead does not guarantee that the Website will be secure or free from bugs or viruses. The User is responsible for configuring their information technology, computer programmes and platform to access the Website. The User should use their own virus protection software.

10- CHANGES AND UPDATES

10.1. Dolead reserves the right to amend these GTCU at any time.

10.2. Every time a User wishes to use the Website, they should check these GTCU to ensure they understand the GTCU that apply at that time.

10.3. These GTCU were most recently updated on the date appearing at the end of these GTCU.

11- MISCELLANEOUS

11.1. Each of the clauses of these GTCU operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

11.2. Even if Dolead delays in enforcing these GTCU, Dolead can still enforce it later. If Dolead does not insist immediately that the User does anything the User is required to do under these GTCU, or if Dolead delay in taking steps against the User in respect of the User breaking these GTCU, that will not mean that the User does not have to do those things and it will not prevent Dolead from taking steps against the User at a later date.

11.3. Dolead may transfer its rights and obligations under these GTCU to another organisation. Dolead will always notify Users if this happens and Dolead will ensure that the transfer will not affect Users’ rights under the contract.

12- APPLICABLE LAW

12.1. If the User is a business, these GTCU, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. Dolead and the User both agree to the exclusive jurisdiction of the courts of England and Wales.

12.2. If the User is a consumer, please note that these GTCU, their subject matter and their formation, are governed by English law. Dolead and the User both agree that the courts of England and Wales will have exclusive jurisdiction except that if the User is a resident of Northern Ireland the User may also bring proceedings in Northern Ireland, and if the User is a resident of Scotland, the User may also bring proceedings in Scotland.


Last updated on: 09/22/2021