1. Subject

The following general conditions of use (hereinafter the "General Conditions of Use" or "GCU") apply to and govern the use of the website www.mydiego.lu (hereinafter the "Website") as well as the services (hereinafter the "Services" or a "Service") offered by diego Luxembourg, a Luxembourg public limited company with its registered office at 9, rue Robert Stumper, L-2557 Luxembourg, Grand Duchy of Luxembourg registered with the Luxembourg Trade and Companies Register under number B261587 (hereinafter "diego") in accordance with Article 3 of the GCU.

diego reserves the right to modify these General Conditions of Use at any time and at its sole discretion. The amended General Conditions of Use will automatically apply to any new use of the Website.

By accessing the Website and/or using the Services, you confirm that you have read and understood these GCU, which you accept.

2. Definition

2.1. A "Customer" is any user of the Website and/or the Services.

2.2. "Data" means all data, including personal information transmitted to diego and Installers in connection with the provision of the Services.

2.4. The "Party/Parties" means the Customer and diego, individually or collectively.

3. Description of Services/Finality

3.1. The Website is a tool for informing Customers about the solutions offered by diego and for Customers to send a request for quotations via an online contact form.

3.2. Once the request for quotation has been sent by the Customer, the Data will be sent to one or more of diego's subcontractors (the "Installers") so that it can carry out a technical feasibility analysis ("Homecheck"). The Customer receives regular e-mails from the Website to inform him of the progress of his request for quotations.

4. Registration

4.1. When requesting offers via the Website, the Customer will be asked to enter his personal details as required (name, e-mail address, etc.) and to ensure that they are correct and accurate. In the event of any changes, the Customer must inform diego.

4.2. Should the Customer's Data prove to be incorrect or incomplete, diego may not be able to contact the Customer to submit a quotation and therefore may not be able to provide the Services.

5. Maintenance

By using the Website and/or the Services, the Customer understands and agrees that diego will carry out maintenance operations on the Website and that any interruption of access to the Website and the unavailability of the Services because of such maintenance operations shall not constitute a fault on the part of diego under the GCU.

6. Guarantees

6.1. By using the Website and/or the Services, the Customer understands and accepts that the Services are provided "as is" and "as available", without warranty of any kind, either explicit or implied.

6.2. By using the Website and/or the Services, the Customer confirms that he/she has the appropriate computer equipment to enable him/her to use the Service and agrees not to use any device or take any action that may cause harm to diego.

6.3. By using the Website and/or Services, the Customer acknowledges the characteristics of the Internet network and agrees that diego cannot be held responsible for any interruptions to the Internet protocol system resulting from an act of the Internet service provider or any act beyond diego's control.

6.4. Should the Customer fail to comply with any of his obligations under these GCU, in particular by using the Website and/or Services for illegal purposes, diego may suspend his access to the Website and/or Services.

By using the Website and/or the Services, the Customer warrants at all times that he/she is not using the Website and/or the Service in order to:

(i) undertake or promote illegal activities or misleading or deceptive information;

(ii) illegally or unauthorisedly copy works protected by copyright, patents or trademarks;

(iii) stimulate, incite or encourage the sending of e-mails, chain letters, unsolicited bulk e-mails, instant messages, junk mail or spam;

(iv) promote or encourage any criminal act or activity, or provide guidance or instructions on promoting criminal activities, invading privacy or spreading or creating computer viruses;

(v) distribute, reproduce, publish or modify, in any way whatsoever, material protected by copyright, trademarks or other exclusive rights held by third parties without their prior consent.

7. Liability

7.1. diego is unable to guarantee continuous and permanent availability of the Website and the Services. diego will use its best endeavours to provide the Services as efficiently as possible to Customers, subject to maintenance periods.

7.2. In accordance with Article 5, diego reserves the right to interrupt the use of the Website and Services in order to carry out maintenance operations. Interruptions to the Services shall not entitle the Customer to compensation.

7.3. diego shall not be liable for the unavailability of the Website, the Services or any loss of data resulting from any fault or failure attributable to the Customer.

7.4. More generally, diego declines all responsibility in the event of interruption or malfunction of the Website and/or Services resulting from:

(i) failure to comply with these GCU or any other contractual document;

(ii) inappropriate or illicit use of the Website and/or the Services;

(iii) force majeure;

(iv) events dependent on third parties such as telecommunications operators;

(v) acts or omissions by the Customer.

7.5. When using the Website or the Services, the Customer may click on links to third party service providers. diego is not responsible for the unavailability of third-party websites or services. In general, diego shall not be liable for the operation, content or any other aspect of third-party sites or services or for any direct or indirect damage caused by following a link to a third-party site or service.

7.6. diego is not liable for any sum in excess of 1,000 EUR. diego is not liable for consequential damages. However, the limitation of diego's liability shall not apply in the event of the death of, or personal injury to, the Customer as a result of any act or omission of diego.

8. Intellectual property rights

8.1. The Website, its functionalities and its content remain the exclusive property of diego. As part of the Services, no transfer of license, even temporary, takes place.

9. Protection of personal data

9.1. diego acknowledges and undertakes to comply with the laws and regulations governing the processing of personal data, including the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and any other national laws or regulations governing the processing of personal data in connection with the provision of the Website or the Services.

9.2. To find out about our personal data protection policy and related rights, the Customer is invited to read our Privacy Policy on our website mydiego.lu.

10. Applicable law and jurisdiction

10.1. The General Conditions of Use shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg or the laws of the country in which the Customer has his or her habitual residence.

10.2. In the event of a dispute and if they are unable to resolve a dispute amicably, the Parties agree to refer any dispute relating to the General Conditions of Use to the courts of Luxembourg or, if different, to the court of competent jurisdiction as defined by the rules on jurisdiction applicable to the Customer.