WEBSITE TERMS OF USE

 

1. General

The website operated on domd.pl and inwestor.domd.pl („Website”) is owned by Dom Development S.A. with its registered office in Warsaw, address: 00-078 Warsaw, Pl. Piłsudskiego 3, registered in the Register of Companies of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under number KRS 0000031483, paid up share capital: PLN 25,798,422, business statistical registration number REGON: 012212483, taxpayer identification number NIP: 5251492233, e-mail: [email protected] (hereinafter referred to as „Dom Development”).

Website - an organised IT and information platform, connected to the Web and created by Dom Development, allowing you (as a User) to use IT solutions and content developed by Dom Development.

The Website is offered free of charge and aimed towards people interested in the activities of Dom Development.

2. Definitions

Each person using the Website in any manner („User”) must confirm that he/she has read these terms and conditions for using the Website („Terms of Use”)

These Terms of Use define the rules for using the Website. The Terms of Use are made available to the User free of charge via the Website in a form that allows downloading, recording and printing.

Dom Development provides (via the Website) services (“Services”) by electronic means, consisting in particular of:

1. making available, at the individual request of the User, content by displaying a page with a specific URL address (information services),
2. allowing Users to receive, as part of the provided IT solution, content from the Website on the subject matter of their choice, at the individual request of the User („Newsletter”),
3. Allowing Users, as part of the provided IT solution, to contact Dom Development („Contact Form”)

Consumer („Consumer”) is to be understood as a natural person who enters into legal transactions with Dom Development, which are not directly connected with his/her business or professional activity.

Trader-Consumer („Trader-Consumer”) is to be understood as a natural person within the meaning of Article 38a of the Act of 30 May 2014 on Consumer Rights, using the Website, when the use of the Website is not of a professional nature for that person, based in particular on the subject of business activity as disclosed on the basis of the provisions on the Central Register and Information Service on Sole Traders (CEIDG).

„Other services provided by Dom Development on the Website may be subject to separate terms and conditions. The “Mój DD” service is subject to separate terms and conditions.

3. General rules for use of the Website

The Terms of Use define the type and scope of services supplied electronically on the Website, the conditions for conclusion and termination of agreements, and the rules for using the Website by the Users, as well as the rules for using its additional functionalities.

To use the Website, the computer system used by the User must meet the following minimum technical requirements:

• a device connected to the Internet with an HTML5 and PDF-enabled web browser installed and operational;
• cookies and JavaScript enabled in the browser;
• the recommended screen resolution when displaying the Website is 1280 pixels.

No fees are charged or collected for the use of the Website. The User is obliged to use the Website in accordance with the law and good practice, with respect to personal rights and intellectual property rights, in particular copyrights belonging to Dom Development, or third parties.

The User is authorised to use the Website exclusively for his/her personal purposes. This, in particular, means that any information and other materials found within the Website’s resources, both those which are protected under copyright law and those that are not, must not be used for the User’s commercial activities.

The Website Owner declares that the materials and information published on the Website are gathered and edited with due care and diligence.

The User must not to take any actions that would affect the proper functioning of the Website. In particular, it is forbidden to interfere in any way with the content posted on the Website.

It is forbidden for the User to provide unlawful content using the Website.

4. Conclusion and termination of Agreement

The User enters into an Agreement for provision of services by electronic means („Agreement”) at the commencement of the provision of such Service by Dom Development, i.e., respectively:

1. in the case of the Service involving the provision of access to the content of the Website – at the moment of entering the Website;
2. in the case of Services provided at the User’s request, in particular the Services made available through the forms and the Newsletter service found on the Website – at the moment of filling and sending of the appropriate form (expressing the User’s intention to receive the Service) or at the moment of User otherwise expressing his/her intention to receive a specific Service.

The User may terminate any Agreement described in the Terms of Use at any time, without having to state the reason and with immediate effect.
The provisions of these Terms of Use are an integral part of the Agreement.

The Agreement shall be terminated:

1. in the case of the Service involving the provision of access to the content of the Website - at the moment the User leaves the Website
   
   and in the case of Services provided at the request of the User:
    
2. in the case of Contact Form - at the time of sending the relevant form;
3. in the case of the “Newsletter” service – at the moment the User unsubscribes from the Newsletter;
   
   or, in either of those cases, when the Service Provider elects to terminate the Agreement, which may be due to:
    

1. violation by the User of any of the provisions of the Terms of Use,
2. the User’s request for deletion of any personal data necessary to enable the provision of Services through the Website,
3. the User’s refusal to provide the Service Provider with data necessary to enable the provision of a Service,
4. unsolvable technical issues which prevent the Service Provider from providing a Service to the User.

In addition, the User who is a Consumer may withdraw from the Agreement within 14 days from its conclusion by sending a notice of withdrawal electronically or in writing to Dom Development’s address indicated in the Terms of Use. The right to withdraw from the Agreement shall not apply where, with the consent of the User, the Service Provider has begun to provide the Service before the expiry of 14 days from the conclusion of the Agreement.

5. Newsletter

Dom Development provides Users with a free of charge Newsletter service that involves sending requested information pertaining to investor relations.

The Newsletter service is provided free of charge for an indefinite period of time.

The agreement for the provision of the Newsletter service pertaining to investor relations is concluded on the terms specified in the Terms of Use.

As part of the investor relations Newsletter service, Dom Development agrees to send to registered Users information consistent with the subject chosen by them to the e-mail address provided on the form.

The User is obliged to provide true and correct data on the form, in particular data necessary for the provision of the service.

6. Processing of personal data

Personal data of Users using the services available through the Website are processed in accordance with the principles set out in the Privacy Policy, the link to which is provided in the footer of the Website.

7. Dom Development’s liability

The data posted on the Website come from reliable, publicly available sources and, to the best knowledge of Dom Development, may be considered reliable.

Dom Development makes every effort to ensure that the data posted on the Website is complete, up-to-date and consistent with the facts, however, it cannot fully guarantee the same. Therefore, Dom Development accepts no liability for the effects of using the said data, in particular, for damages resulting from them being used in making investment decisions.

As regards stock market data presented on the Website, Dom Development advises that the only official source of stock market information is the "Ceduła Giełdy Papierów Wartościowych w Warszawie" (Warsaw Stock Exchange’s official official quotation list).

The information published on the Website does not constitute an offer within the meaning of the Civil Code or the securities trading laws.

Dom Development stipulates that the User may use the Website at his/her own expense and risk only.

Dom Development shall not bear any liability, in particular civil, criminal or administrative, for the use of the Website by the User in a manner contrary to the provisions of the Terms of Use.

Dom Development does not necessarily agree with all views expressed in articles presented on the Website from Polish and foreign publishers other than Dom Development.

Dom Development provides no guarantee that the use of the Website will be error- or defect-free or uninterrupted, and as to the substantive content of the Website, accuracy or suitability of information obtained, unless such a guarantee is explicitly stated by Dom Development.

Dom Development shall not be liable for any damages, including potential or consequential damages, incurred by Users due to interruptions in access to the Website, in particular caused by: force majeure, malfunction or failures, including failed connections to providers of Internet network services, failures of Users’ hardware or software, and any failure by Users to comply with the Terms of Use.

Dom Development reserves the right to unilaterally make decisions on the content of the Website, changes and modifications to it, without prior notification to Users of their implementation or scope.

As part of the Website, Dom Development may provide Users with access to websites administered by third parties. Dom Development shall not be liable for any services provided by such third parties.

8. Intellectual property rights

Dom Development makes copyrighted materials available on the Website, including: documents, trademarks and other works, in particular texts, photographs, graphics, sounds and audio and video materials, and the selection and layout of the content presented on the Website is an independent subject of copyright protection.

Dom Development, in making the content constituting an independent subject of copyright protection available on the Website, draws Users’ attention to the need to respect intellectual property rights.

Users of the Website are authorised to make use of the content provided exclusively for their own personal use. Each use of information posted on the Website for commercial purposes requires written consent of the person representing Dom Development.

Any use by Users of copyrighted works, including their copying, transmission, communication to the public and any other use, is allowed only with prior consent from the right holders.

All rights reserved. The right to use, copy and distribute any data available on the Website are subject specifically to the provisions of the Copyright and Related Rights Act of 4 February 1994 (Journal of Laws of 2006 No. 90 item 631, as amended).

Dom Development holds the appropriate permissions to use the data presented on the Website.

9. Complaints Procedure

1. The User is obliged to report any complaints related to the use of the Website to Dom Development by e-mail to: [email protected] or by post to: Dom Development S.A., 00-078 Warszawa, Pl. Piłsudskiego 3. The complaint should include the name, surname and postal address or e-mail address of the User.
2. Complaints will be processed within 14 (fourteen) days from the date when the complaint is received by Dom Development.
3. The User will be notified of the decision of Dom Development in the same way as the complaint was filed with Dom Development
4. The Consumer has the option to use the EU online platform (ODR platform) at http://ec.europa.EU/consumers/odr in order to submit a dispute with Dom Development for resolution by electronic means. The ODR platform is a multilingual interactive website for Consumers living in the European Union and traders established in the European Union who seek out-of-court resolution of disputes arising from the conclusion of an online sales or service agreement.

10. Positioning

Dom Development may use online positioning on the Website, which consists in assigning a higher rank to specific information in the search results received by the User than to other information posted on the Website.

Dom Development specifies the main positioning parameters as follows:

1. special offers are displayed in alphanumeric order,
2. other information is displayed in alphanumeric order,
3. other content sorting criteria as used voluntarily by the User when applying filtering and sorting options on search results.

The positioning parameters are intended to facilitate and accelerate the finding of information of interest to the User, while also increasing the chance of reaching the target audience.

11. Amendments to the Terms of Use

Dom Development is entitled to amend these Terms of Use unilaterally to the extent not individually agreed with the User for justified reasons.
A justified reason is in particular the emergence of one of the following circumstances:

1. a change to the laws generally applicable in the Republic of Poland insofar as such change modifies these Terms of Use or imposes an obligation on Dom Development to modify the same;
2. decisions, recommendations, obligations or instruments of similar nature issued by public administration bodies, including in particular the President of the Office of Competition and Consumer Protection insofar as such administrative instruments modify these Terms of Use or impose an obligation on Dom Development to modify the same;
3. the introduction of new functionalities on the Website; or modification of their existing scope by Dom Development – in this case, the amendment to these Terms of Use is permissible insofar as it concerns such new functionalities;
4. the introduction of new or modification of the existing IT systems by Dom Development – in this case, the amendment to these Terms of Use is permissible insofar as it is objectively necessary and directly related to the introduction or modification of such IT systems;
5. the emergence of judicial or administrative rulings which show that contractual provisions similar to those applied by Dom Development may be contrary to the law, including in particular consumer protection law – in this case, the amendment to the provisions of the concluded agreement will be permissible, if, following comprehensive consideration of the circumstances of the case, it can be objectively concluded that from the point of view of an average Dom Development customer who is a Consumer or an Trader-Consumer, the proposed amendment is to his/her advantage;
6. the Terms of Use need to be supplemented, clarified or modified due to the laws generally applicable in the Republic of Poland or for the sake of greater clarity of their provisions for Consumers and Trader-Consumers, in this case, the amendment to the Terms of Use is permissible insofar as it allows the adjustment of the Terms of Use to such laws or to achieve greater clarity of their provisions.

In the event of amendments to the Terms of Use, Dom Development will post the consolidated text of the Terms of Use on the Website. The amended Terms of Use will come into effect within 14 days from the publication of the new Terms of Use on the Website.

In addition, Dom Development will inform the User 14 days prior to the effective date of the new Terms of Use regarding the amendment to the Terms of Use, by means of an e-mail message, containing a link to the text of the amended Terms of Use, which will be sent to the e-mail address provided by the User. If the User does not accept the new content of the Terms of Use, he/she is obliged to notify Dom Development of this fact, which will result in the termination of the Agreement in accordance with the provisions of point 4 of the Terms of Use.

No amendment to the Terms of Use shall apply to Agreements concluded before the effective date of such amendment. Such Agreements shall be governed by the Terms of Use in effect on the date when the User expressed his/her intention to enter into the Agreement.