The Poupa Energia portal (“Portal”) has the mission of supporting end consumers in the operationalization of the change of electricity and natural gas trader. For this purpose, it has a set of information tools that enable consumers to better understand commercial energy offers, namely the tariffs made available by electricity and natural gas traders registered on the Portal (“Comercializador” or “Comercializadores”), as well as, and at the consumer’s request, the request and respective analysis of tariff proposals that are most advantageous to him, always prepared taking into account the data provided. It is also possible for the consumer to consult information on the various market traders and the tariffs available from them. The interaction between Traders and the Portal requires the following information to be made available:
Current tariffs, in a standardized template, sent to ERSE;
Contacts: Telephone, mobile phone, email address and website.
In order to ensure that the information contained in the Portal is up-to-date, it is necessary to establish its conditions of use, governing the relationship between the Merchant and ADENE – Agência para a Energia (“ADENE”), as the managing entity of the Portal.
The Terms and Conditions of Use of the Poupa Energia Portal (“Terms and Conditions”) are mandatory and binding. The Retailer cannot benefit from the services provided by the Portal without their prior acceptance.
To access the Portal, the Retailer is obliged to comply with the Terms and Conditions, without any reservation, as well as to observe and respect the applicable legislation.
The Terms and Conditions apply to Market Regime Traders, under the terms proposed by the Regulation of the Energy Services Regulatory Entity (“ERSE”) No. 561/2014, which approved the Electric Sector Commercial Relations Regulation, and ERSE Regulation No. 416/2016, which approved the Commercial Relations Regulation for the natural gas sector.
It is applicable to natural or legal persons who use the services provided by the Portal.
The Supplier, as a user of the Portal, undertakes not to incur any unlawful conduct.
The Supplier also undertakes to comply with all the specific usage rules for the operations provided by the Portal.
The Supplier, under the terms of the applicable legislation and the Terms and Conditions, undertakes not to use the Portal, in any form, for the following purposes:
Making available, sending or transmitting any illegal or offensive content to good customs;
Make available, transmit or send, negligently or blamelessly, any material that contains software viruses or other computer code, files or programs whose purpose is to limit, interrupt, or destroy the functionality of any computer or computer system (hardware and software) or telecommunications equipment;
Use, in any way, the code created for the development of the Portal to create tools for your competitors.
All tariff descriptions promoted on this Portal are the sole responsibility of the Suppliers, with them being solely responsible for updating their information;
ADENE makes available to the Supplier, by sending it by e-mail and placing the information in the private area of the trader, the elements necessary to complete the ERSE pre-contractual form, published in ERSE directive no. 4/2015, on the provision of pre-contractual and contractual information to electricity and natural gas consumers in mainland Portugal, to be filled in with the data of the interested consumer.
ADENE does not form part of any energy commercialization contract that may be entered into between the consumer and Suppliers.
The suppliers is solely responsible for respecting the regulation of distance selling, provided for in Decree-Law no. 24/2014, of 14 February, and, if applicable, applicable legislation on consumer law.
The Supplier is responsible for verifying the veracity of the information presented on the Portal.
ADENE will not be responsible for any losses suffered by the Supplier and or by third parties, due to delays, interruptions, errors and suspensions of communications that originate from external factors, namely, deficiencies or failures caused by the communications network or communications services provided by third parties, computer system, hardware, connection software or any computer viruses.
ADENE is not responsible for the existence or abusive or fraudulent use of information obtained through the Portal.
ADENE is not responsible for the contracts that may be entered into between Suppliers and consumers, and is under no obligation to guarantee the contracted services or discounts offered.
ADENE is not responsible for:
For the data entered by the Traders;
For the final concession of discounts offered or changes in offers, made available by suppliers;
For damages and / or losses resulting from the use and / or negotiation between suppliers and consumers, carried out through the Portal;
For the tariffs presented by the suppliers;
For the misuse of the applications or the contents of the Portal by the suppliers;
For any damage caused to the supplier’s computer systems and equipment, or for any loss of data resulting from the acquisition of any material obtained in any way through the use of the services provided on the Portal.
ADENE does not guarantee:
That any product, service or information available on the Portal fully meets consumer expectations;
Any advice or information, oral or written, obtained by the consumer through the procedure of entering into a new contract, between the latter and a Supplier, which may constitute a guarantee or obligation not expressed in the Terms and Conditions.
ADENE cannot be held responsible for any damage or loss resulting from the use or inability to use the Portal.
The supplier guarantees:
The conformity of the products and / or services provided with the applicable regulations;
The compliance of prices and other conditions present in a constant offer on the Portal with the prices guaranteed by ERSE;
The quality of the After-Sales Service (legal and contractual guarantee);
That meets all the criteria required by law and other normative documents for the performance of the electricity and / or natural gas commercialization activity;
Who owns the intellectual property rights to the data provided;
Which has all the necessary authorizations for the provision of intellectual property rights in the data provided.
ADENE is not responsible for any content that violates the legislation in force or the Terms and Conditions or that the Supplier may use in its communications and interactions with consumers.
Without prejudice to other forms of communication provided for in the Terms and Conditions, notifications made to the Supplier, including any changes to these Conditions of Use, will be made via e-mail to the e-mail address provided by the Supplier when registering for the Portal.
The Supplier may, at any time, request that communications not be received.
If the provisions of the previous paragraph are verified, the Supplier undertakes to take note of any and all changes to the functioning of the Portal, including any changes to the Terms and Conditions, through direct consultation of the Portal, removing from ADENE any responsibility resulting from not knowledge of them.
ADENE assumes that any notification sent by email is received at the time of submission.
The content of the Portal, including brands, drawings, logos, text, images, audio and video materials, is owned by ADENE.
It is not permitted to display, reproduce, distribute, modify, transmit or otherwise use the aforementioned item for any purpose, public or commercial, without the prior written consent of ADENE.
The contents available on the Portal (appearance, organization, structure, services) are protected by the applicable legislation and do not violate any rule, contract, document or agreement of which ADENE is part;
The content available on the Portal does not infringe the rights of third parties.
The services provided by the Portal have an indefinite duration, and may be terminated by means of electronic communication and / or notification, performed at least 15 (fifteen) days before the termination date, except as provided for in paragraph b) of the previous number.
The Portal contains links to third party web pages. These links are provided solely for the convenience of Portal users. ADENE is not responsible for the content of any of these web pages. Access and consultation of any third party website is the responsibility of the Supplier. ADENE does not assume any responsibility regarding access to third party web pages that can be done through the Portal.
The Supplier releases ADENE, its legal representatives and its workers from any claim or judicial request related to the activities, contents, products and / or services promoted within the scope of the Portal, for violation of the Terms and Conditions or any other laws or rights .
If any provision of the Terms and Conditions is considered void by the competent court, the nullity of that provision will not affect the validity of the remaining provisions of the Terms and Conditions, which will remain in full force and effect.
No waiver of any provision of the Terms and Conditions shall be considered as an additional or continuous waiver of any such provision or any other provision.
ADENE reserves the right to unilaterally change or modify the Terms and Conditions, with the new wording becoming binding as soon as it is published on the Portal or as soon as the Supplier is informed of it, whichever comes first .
Access and use of certain areas of the Portal may be subject to additional terms and conditions.
All issues not regulated in the Terms and Conditions will be regulated by Portuguese Law.
In the event of a dispute in the interpretation or application of these Terms and Conditions, ADENE and the Supplier accept that it be submitted to the exclusive jurisdiction of the court with jurisdiction in the area of Lisbon, with express waiver of any other.