WEBSITE TERMS OF USE

 

General

The owner of the website at the domd.pl and inwestor.domd.pl domains (“Website”) is “Dom Development” S.A. with its registered office in Warsaw, address: 00-078 Warszawa, Pl. Piłsudskiego 3, entered in the Register of Companies of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, the 12th Commercial Division of the National Court Register, under number KRS 0000031483, paid up share capital: PLN 25,698,422, business statistical identification number REGON: 012212483, taxpayer identification number NIP: 525-14-92-233 (hereinafter “Dom Development” or “we”).

The Website means the organized IT and information platform connected to the Internet created by Dom Development that allows you to use the IT mechanisms and content developed by Dom Development.

The Website is free of charge, and is addressed to persons interested in the activities of Dom Development.

Any person (“you”) who uses the Website in any way acknowledges that they have read these website terms of use (“Terms of Use”)

The Terms of Use define the rules for using the Website. These Terms of Use are provided to you free of charge through the Website in a form that allows you to download, save and print them.

Dom Development provides services (the “Services”) by electronic means (via the Website) which include, but are not limited to:

a. sharing content at your individual request by displaying a webpage with a specific URL address (information services),
b. enabling you to receive content from the Website at your individual request (the “Newsletter”) as part of making the IT mechanism available to you.

The “Newsletter” means the provision of electronic messages with the news related to the topics addressed on the Dom Development website and does not constitute commercial information as defined in the Act on the provision of services by electronic means, and is intended only to provide the recipient with selected information on investor relations.

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

Individual services operated by Dom Development within the Website may be subject to separate terms of use. “My DD” is governed by separate terms of use.

 

Entering into and Termination of the Contract. Right to withdraw.

You enter into an electronic service Contract when Dom Development starts providing such a Service to you, i.e. as appropriate: (a) for Service involving sharing the Website content, upon you entering the Website, (b) for Services provided at your request, in particular Services provided through forms and the Newsletter service available on the Website, upon your completion and submission of the appropriate form (which constitutes your statement of intent to have the Service provided to you) or upon any other statement of intent by you to have a specific Service provided to you (the “Contract”).

The Contract is entered into for an unspecified period and may be terminated by either Party with immediate effect.

These Terms of Use constitute an integral part of the Contract.

The subscriber may at any time opt out of receiving the “Newsletter” by notifying Dom Development in any form, i.e. by sending an e-mail to [email protected] or by sending a letter to Dom Development. Opting out constitutes termination of the electronic service Contract pertaining to the “Newsletter”.

The electronic service Contract shall be terminated at the following times, respectively: (a) for the Service involving sharing the Website content, upon you leaving the Website, (b) for Services provided at your request: in the case of a contact form, the Contract shall be terminated upon the completion of the relevant form by you, in the case of the Newsletter service, at the time of opting out by you from receiving the Newsletter or in both cases upon the Service Provider's decision to terminate the Contract, which may be due to:

a. your breach of any provision of these Terms of Use,
b. deletion at your request of any personal data necessary for the provision of the Service through the Website,
c. your refusal to provide the Service Provider with data necessary for the provision of the Service,
d. technical problems that cannot be remedied and that prevent the Service from being provided to you by the Service Provider.

You may terminate the electronic service contract without notice at any time.

You, as a consumer, may rescind the electronic service contract within 14 days of its conclusion, by sending a written notice of contract rescission to the address of Dom Development as indicated in these Terms of Use.

You shall not have the right to rescind the electronic service contract if, with your consent, the Service Provider has commenced the provision of the Service within 14 days of the conclusion of the electronic service contract.

 

Your Rights and Obligations

You have the right to use the Website in line with applicable law and respecting intellectual property rights. In particular, you shall:

  • not use the Website to send unsolicited commercial communications,
  • not do anything that may cause disruption to the Website,
  • not provide false personal data (including fictitious personal data and the personal data of others) as your own personal data,

You must not use the Website contrary to the rules of social co-existence or against good morals.

You must not provide illegal information.

You shall be liable for any damage resulting from your actions in breach of the above provisions.

 

Liability of Dom Development

Data published on the Website comes from credible, publicly available sources and, to the best of Dom Development’s knowledge, it can be considered reliable.

Dom Development makes every effort to ensure that the data posted on the Website is complete, up-to-date and accurate, but cannot fully guarantee the same, and therefore shall not be liable for any consequences of the use of the data presented, in particular, for any damage arising from using such data when making any investment decision.

As regards stock exchange data posted on the Website, Dom Development informs you that the only official source of stock exchange information is the “Warsaw Stock Exchange Official Daily Bulletin”.

Data published on the Website is for informational purposes only and does not constitute an offer within the meaning of the Civil Code or securities trading regulations..

Dom Development stipulates that the Website may be used only at your own expense and risk.

Dom Development assumes no liability, in particular civil, criminal or administrative liability, for use of the Website by you in a manner contrary to these Terms of Use.

Dom Development does not identify with all views expressed in articles posted on the Website which originate from Polish and foreign publishers other than Dom Development.

Dom Development does not warrant that you can use the Website free of errors, defects or interruptions and makes no warranty as to the content of the Website, accuracy or usefulness of the information obtained there, unless such warranty is expressly given by Dom Development.

Dom Development shall not be liable for any damage, including any contingent or consequential damage, incurred by you due to a disruption of your access to the Website, in particular as a result of: force majeure, malfunction or failure, including failure of Internet provider links, failure of your hardware or software or your non-compliance with these Terms of Use.

Dom Development reserves the right to make unilateral decisions concerning the content, changes or modifications of and to the Website without having previously notified you of their introduction or scope.

As a part of the Website, Dom Development may provide you with access to websites administrated by a third- party. Dom Development shall not be liable for any services provided by such third party.
 

Intellectual Property Rights

Dom Development makes copyrighted material available on the Website, including: documents, trademarks and other works, in particular texts, photographs, graphics, audio and video, and the selection and layout of the content on the Website are intrinsically protected under copyright laws.

Dom Development, by making available on the Website content that is intrinsically protected under copyright laws, draws your attention to the need to respect intellectual property rights.

You as a user of the Website are authorized to use the content provided solely for your own personal use. Any commercial use of any data sourced from the Website requires, in each case, the written consent of the person representing Dom Development.

Any use by you of copyrighted works, including their copying, uploading, making available to the public and any other use, is permitted only with the consent of the respective right holders.

All rights reserved. The right to use, copy and disseminate all the data available on the Website is specifically governed by the Copyright and Related Rights Act of 4 February 1994 (Journal of Laws [Dz.U.] of 2006 No. 90 item 631, as amended).

Dom Development holds relevant authorisations to use any data posted on the Website.

 

Privacy and personal data protection

Dom Development fully respects the right to personal data privacy and protection. You do not need to provide any personally identifiable information to use the basic features of the Website, i.e. to browse the content displayed on the Website.

Dom Development collects your information only for its own use.

Dom Development collects information on your interaction with the Website and its content and services, including system logs, i.e. device and login information, including date and time of visit and the IP number of the device used to connect, Website viewing statistics, and data on incoming and outgoing traffic.

The purpose of such activities is to improve the Website and customise it to meet your needs. Data stored in logs is not associated with any specific person using the Website and is not used by the Controller to identify you.

Dom Development warrants that it exercises due care to ensure protection of all information provided by you.

The following information related to you and your behaviour is collected by the Website:

a. personal data voluntarily entered and provided by you, e.g. through the forms filled out by you,
b. cookies in accordance with the Website Cookies Policy.

 

With respect to the provision of services by electronic means, the personal data controller is “Dom Development” S.A. with its registered office in Warsaw, address: 00- 078 Warszawa, Pl. Piłsudskiego 3, entered in the Register of Companies of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, the 12th Commercial Division of the National Court Register, under number KRS 0000031483, paid up share capital: PLN 25,068,422, business statistical identification number REGON: 012212483, taxpayer identification number NIP: 525-14-92-233.

As part of the provision of services by electronic means on the Website, Dom Development processes your personal data in accordance with and subject to applicable laws and these Terms of Use. Dom Development processes your (as a Website user) data to deliver the electronic service contract subject to these Terms of Use. The legal basis for such processing is Article 6(1)(b) of Regulation No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC. The data given in a form shall be processed in accordance with the information clause provided with each form.

Dom Development stores personal data for the term of the electronic service contract entered into through the Website or following its termination, for the purpose of defence against possible claims.

You have the right to access, rectify, delete or restrict the processing of your personal data, to object to its further processing (where the processing is based on the legitimate interests of the controller), to transfer your personal data and to file a complaint with the data protection authority.

 

The provision of personal data is voluntary, while also necessary for you to use the services that require such personal data to be provided on the Website.

Any consent given by you in respect of the processing of your personal data or the transfer of commercial information may be revoked by you at any time.

If Dom Development becomes aware that you use the Website in an illegal manner or in breach of these Terms of Use, Dom Development may process your personal data for the purpose and to the extent necessary to determine your liability.

You have the right to access or correct your personal data, to suspend its processing or to request having your personal data transferred or deleted.

Your personal data may be provided to employees and contractors of the Controller, IT system and service providers, and other providers of services to Dom Development that are necessary to perform the Service.

For details about the processing of personal data at Dom Development, including data provided through forms, please refer to those forms, these Terms of Use and the Website Privacy Policy.

Any questions relating to the processing of personal data by Dom Development should be sent to the Controller’s data protection officer to: [email protected] or to the registered address of Dom Development.

 

Complaints procedure

  1. WAny complaints you may have related to your use of the Website, must be submitted to Dom Development by email to: [email protected] or by mail to: “Dom Development” S.A., 00-078 Warszawa, Pl. Piłsudskiego 3.
  2. A complaint must include your full name and mailing address or e-mail address.
  3. A complaint will be processed within 14 (fourteen) days from the day that it is received by Dom Development.
  4. You will be notified of Dom Development’s decision in the same manner that the complaint was sent to Dom Development.
 

Final provisions

These Terms of Use shall enter into force once published on the Website. Any matters not regulated herein shall be governed by Polish law.

Dom Development has the right to amend these Terms of Use at any time. Such amendments will come into force as soon as they are published on the Website.

Amendments to these Terms of Use will be posted on the Website.

Your continued use of the Website following an amendment to these Terms of Use constitutes your acceptance of such amended Terms of Use.

Any disputes arising from use of the Website shall be settled by the competent common court in accordance with applicable laws.

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