Terms of Service

TERMS OF SERVICE OF THE PORTAL FOR INVESTORS

OF THE LOWER SILESIAN AGENCY OF ECONOMIC COOPERATION LTD.

(hereinafter: “Terms of Service”)

  1. GENERAL TERMS
    1. The subject of the Terms of Service is to define the terms and conditions of using the Agency’s website, basic terms of using the Services, the complaint procedure, personal data processing rules, as well as the rights, duties and responsibilities of the Agency and the User.
    2. The entity that is the owner and administrator of the Website is the Agency.
    3. The condition for using the Website is to read the content and accept the Terms of Service.
    4. The Terms of Service do not specify in any way mutual obligations between the User and the Investor. The legal relationship between the User and the Investor is determined only by the contract or other legal act between these entities.
    5. The Agency is in no way the recipient of the Offer or declaration of intent, nor does it mediate in concluding contracts or carrying out other legal acts between the User and the Investor. In no case is the Agency a party to a contract or other legal transaction regarding the Offer made between the User and the Investor.
    6. To use the Website it is necessary to have an electronic device with access to the Internet and a browser Chrome 72 or newer or similar software with similar parameters. The use of all the features and functions of the Website may depend on the installation of digital signature software and the acceptance of “cookies”.
    7. The Agency hereby declares and makes known to the User that:
      1. The Website is a platform enabling Users to present Offers to Investors;
      2. provides services to Users via electronic means within the meaning of the Act on the Provision of Services via the Electronic Way;
      3. all Services provided by the Agency to Users via the Website are free of charge and the Agency does not charge commissions on transactions made between the User and the Investor;
      4. does not conduct business as a payment institution and does not provide payment services within the meaning of the Payment Services Act;
      5. as part of the administered Website, the Agency does not mediate in any way the Investors making transactions, in particular by encouraging, accepting orders, accepting cash as a payment from Investors or other mediation in the execution of Offers, in particular as a real estate broker within the meaning of the Act on Real Estate Management;
      6. as part of the administered Website, the Agency offers Companies the participation in promotional campaigns of the Securities which they conduct, and allows Users to read the Projects and the content of advertising materials made available by the Companies.
  2. DEFINITIONS AND INTERPRETATION
    1. The phrases and expressions used in these Terms of Service have the following meanings:
      1. Agency – a company under the name “LOWER SILESIAN AGENCY OF ECONOMIC COOPERATION” Ltd. with its registered office in Wrocław (53-125), at al. Kasztanowa 3A-5, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under KRS number 0000213275, with NIP number 8992514780, REGON 933013380, with share capital in the amount of 39,946.500,00 PLN;
      2. Database – database of Investors, Exporters and Local Governments, located on the Website;
      3. Investor – any entity interested in the Offer;
      4. Civil Code – the Act of 23 April 1964 – Civil Code (i.e. of 10 May 2018 Journal of Laws of 2018, item 1025);
      5. Account – an account created by the User on the Website that enables him to use all Services provided by the Agency on the Website;
      6. PAIH – Polish Investment and Trade Agency based in Warsaw;
      7. Internet Sub-sitehttp://investinlowersilesia.com website, on which the Agency provides Users with information about Offers;
      8. Offer – offer for sale or other regulation of real estate (land, buildings, premises, etc.) or other types of assets prepared by the User;
      9. Terms of Service – these terms of service
      10. GDPR – Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016. On the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC;
      11. Website – online service http://dawg.pl/;
      12. Side – Agency or User;
      13. Sides – Agency and User;
      14. Contract for Provision of Services – an agreement concluded between the Agency and the User, based on which the User gains access to the Services provided by the Agency;
      15. Services – services provided by the Agency through the Website to Users, consisting of providing Offers on the Website, the possibility of their free viewing by Investors and running the Database;
      16. Act on Real Estate Management – Act of 21 August 1997 on real estate management (number on 25 October 2018, Journal of Laws of 2018, item 2204);
      17. Act on the Protection of Personal Data – the Act of 10 May 2018 on the Protection of Personal Data (i.e. Journal of Laws of 2018 item 1000);
      18. Act on Electronic Services Provision – Act of 18 July 2002 on the provision of electronic services (i.e., dated 9 June 2017, Journal of Laws of 2017, item 1219);
      19. Payment Services Act – the Act of 19 August 2011 on Payment Services (number on 28 September 2017, Journal of Laws of 2017, item 2003);
      20. User – any natural person, legal person or organizational unit without legal personality, having legal capacity that uses the Website in any way;
      21. Photographs – photographs of real estate (land, buildings, premises, etc.) or other types of assets placed in Offers.
    2. The titles of the paragraphs used in these Terms of Service are included in it only for convenience and reference and will not be relevant to the interpretation of these Terms of Service.
  3. GENERAL TERMS OF SERVICE
    1. The Website is generally available to all Users, in a manner enabling the Website to be opened in a web browser and free viewing of its content, subject to the provisions of this paragraph.
    2. The Agency enables the Users to go to the Website subpage where information about a given Offer is available, such as land lots, halls, office spaces.
    3. All content and materials relating to a given Offer are for information purposes only, are owned and come only from the User. The Agency has the right to interfere in the content and materials prepared by the User, if they are in particular incomplete, interrupted, suspended, distorted, improper quality, vulgar, offensive, pornographic and illegal content, contrary to the Agency’s interests, as well as in the case when they violate generally applicable laws, including copyrights or personal rights of third parties, to the extent that the Agency has a documented message of such an infringement.
    4. The User may not copy Offers of other Users, he may not process them, paraphrase or change them. In the event that two or more identical Offers are placed on the Website, the Website will keep the Offer that was published first. Offers of other Users who have published the same Offers will be removed from the Website, and the User will be notified by the Agency by e-mail.
    5. The organizer reserves the right to terminate the Contract for the Provision of Services or remove the Offer immediately if the User violates these Terms of Service and attempts fraud or abuse. In particular, the reason for terminating the Service Provision Agreement or deleting the Offer from the Website might be:
      1. failure to meet the requirements set out in these Terms of Service;
      2. creating Offers that do not comply with the actual legal status or violate the rights of third parties;
      3. copy of Offers or Images of other Users or unauthorized alteration or use of excerpts from Offers or Images;
      4. registration on the Website using created fictitious e-mail addresses or online accounts.
  4. REGISTRATION
    1. By completing the registration form, the User declares by ticking the appropriate box that he has read the Terms of Service and accepts its contents, and provides the following data:
      1. first and last name;
      2. the name of the organization on behalf of which he operates, as long as the User operates on behalf of such an organization;
      3. address
      4. address of correspondence
      5. e-mail address
    2. Upon registration, a Service Provision Agreement is concluded between the Agency and the User. The Contract for Provision of Services shall be concluded for an indefinite period and shall be carried out by the Agency as soon as it is concluded.
    3. Users use most of the Services available on the Website and do not require an Account to be set up, however, creating an Account by the User allows him/her to: receive information about Offers directly on e-mail.
    4. Account creation is done by filling out the registration form available on the Website and activating the Account.
    5. Activation of the Account is done by sending a confirmation of receipt of a correctly completed registration form, creating an Account and concluding of the Contract for Provision of Services by the Agency to the e-mail address provided by the User in the registration form.
  5. AGENCY’S RESPONSIBILITY
    1. The Agency makes every effort to ensure the correct provision of Services to Users in accordance with the provisions of the Terms of Service.
    2. The Agency commits to inform Users about the planned modernization of the Website and the resulting temporary blocking of access to the Website or Account, in the form of an announcement on the Website.
    3. The Agency shall not be liable for any damages of third parties directly or indirectly related to the use of the Services by Users.
    4. The Agency is not responsible for the lost benefits of Users directly or indirectly related to the use of the Services.
    5. The Agency is not responsible for the use of the Services by the Users in an irregular or unlawful manner.
    6. The Agency is not responsible for actions or omissions of third parties, in particular Investors or service providers for the Agency, such as hosts of servers on which the Website is located.
    7. The Agency is not responsible for the content and materials related to the given Offer (including the Images), presented by the User on the Website, as well as the non-performance or improper performance of the contract by the User or other obligation to the Investors.
    8. The Agency does not guarantee in any case the performance of a contract or other obligation by a given User or Investor towards Users or the Investor.
    9. The Agency is not responsible for failure to achieve the goals, benefits or business results intended by Users or Investors in connection with the Services, both explicitly indicated and implied.
    10. The Agency is not responsible for temporary blocking access of Users or Investors to the Website or Account, related to the repair of defects or modernization of the Website or circumstances of force majeure.
  6. OBLIGATIONS AND RESPONSIBILITIES OF USERS
    1. The User is obliged to comply with the provisions of the Terms of Service and generally applicable laws, may use the Services only for their own purposes, corresponding to the purposes and properties of the Services.
    2. The User is obliged to provide in the registration form referred to in point 4.1 of the Terms of Service the real data necessary for the correct performance of the Contract for Provision of Services.
    3. The user is obliged to promptly update all data provided to the Agency in accordance with the truth.
    4. The User commits not to use the Account assigned to another User and not to disclose his Account to third parties, including to keep the Account password secret. The User bears sole responsibility for making his Account available to third parties and for not keeping the password to the Account secret.
    5. The User commits to immediately notify the Agency of any unauthorized access to the Account.
    6. The User bears sole responsibility for the correctness, truthfulness and updating of the data provided to the Agency when completing the registration form referred to in point 4.1 of the Terms of Service and the use of the Services.
  7. PERSONAL DATA AND ITS PROCESSING
    1. According to art. 13 para. 1 and par. 2 GDPR The Agency declares that it is the administrator of the User’s personal data and processes it in accordance with the GDPR and the Personal Data Protection Act.
    2. The Agency has appointed a Data Protection Officer with whom you can contact via email at iod@dawg.pl.
    3. The User’s personal data will be processed in order to settle matters that are within the competence of the Agency in connection with the provision of Services.
    4. The Agency has the right to transfer your personal data to the Lower Silesian Voivodeship performing public tasks of a provincial character, in accordance with the law: Act of 23 January 2009 on the voivode and government administration in the voivodeship, other specific legal provisions, the Agency’s statute.
    5. In certain situations, with the consent of the User, the User’s personal data may be disclosed to other entities: they will be disclosed to potential Investors and PAIH and entities authorized under the law. In the case of other public administration bodies, the basis for the transfer will be the law applicable to the given situation.
    6. In addition, as far as the public information is concerned, the data will be disclosed to every interested person in such information or published in the Public Information Bulletin of the Lower Silesian Voivodship.
    7. Personal data will be processed for purposes related to the presentation of the investment offer and presenting the Offer to potential investors or PAIH, in order to place offers in the Investment Bids Database, which is located at www.paih.gov.pl and on the Website subpage and in the process of investor service and investment marketing, as well as for purposes related to the economic promotion of the Lower Silesian Voivodship.
    8. The Agency processes data based on:
      1. 6. sec. 1 lit. a GDPR – based on the User’s consent expressed in the registration form;
      2. 6. sec. 1 lit. b GDPR – in the scope of performing contractual obligations to provide Services by the Agency;
      3. 6. sec. 1 lit. c GDPR – in the scope of performing legal obligations resulting from the Act of 23 January 2009 on the Provincial Governor and Government Administration in the voivodeship;
      4. 6. sec. 1 lit. e GDPR – to the extent to which it performs tasks in the public interest or under the exercise of public authority granted to the Lower Silesian Voivodeship.
    9. The Agency is obliged to store Users’ personal data in the public interest. The period of storage of Users’ personal data will result from the provisions of law regarding archiving, office and archival instructions, and may also result from specific applicable provisions.
    10. The User has the right to: access their personal data and information about the way they are processed, request their rectification, demand removal or limitation of processing, object to processing, the right to withdraw consent to their processing at any time, the right to lodge a complaint to the President of the Office of Personal Data Protection. These rights may in certain circumstances be subject to limitations resulting from the regulations. The above rights may be exercised by contacting the administrator or data protection officer.
    11. The Agency declares that personal data will not be used for automated decision making or profiling referred to in art. 22 GDPR.
    12. Under the terms set out in this point 7, the Investor, exporter or local government may enter their personal data in the Database and agree to their publication.
  8. COPYRIGHT
    1. By registering on the Website or placing the Offer, the User assures that he is the sole author of the Offer and Images, he is entitled to all proprietary and personal property rights to the Offer and Images and that he is entitled to dispose of these rights without restriction.
    2. At the moment of placing the Offer and Photos on the Website, the Participant grants to the Agency and the Lower Silesian Voivodeship a non-exclusive license to use the Offer and Photos for its public disclosure in an unlimited number of times, in such a way that everyone can have access to it at a chosen time and place, in terms of its recording and reproduction by any technique and marketing, public display, display, broadcast by means of vision and sound, and any other public sharing, including in particular on the Internet on the Website or on the Internet Subpage, as well as to use in other promotional materials (posters, leaflets, folders, etc.).
    3. Along with granting a license to use the Offer and Images, the User authorizes the Agency and the Lower Silesian Voivodeship to exercise the dependent rights to the Offer and Images, to the extent justified by the use of the Offer and Images on the above fields of exploitation, including modification of the Offer and Images, merging them with other works, transferring to other entities for modification and the right not to provide information about the author of the Offer or Photos.
    4. The participant authorizes the Agency and the Lower Silesian Voivodeship to use the Offer and Images in all advertising and promotional activities of the Agency and the Lower Silesian Voivodeship, in particular as an advertising or promotional material or as an element of advertising or promotional materials, without the need to pay remuneration to the User. The Agency or the Lower Silesian Voivodeship are not obliged to start using the work within a given period.
    5. The Agency and the Lower Silesian Voivodeship are entitled to use the Offer and Images as part of other works, to make, dispose of and use studies, in particular in the form of alterations, fragmentation, reassembly and other activities as part of any activities undertaken by the Agency and the Lower Silesian Voivodeship even if the effect of these activities was to be the loss of the individual character of the Offers and Photographs given.
    6. The Agency and the Lower Silesian Voivodeship have the right to grant sublicenses of copyright to the Offer and Images under the terms set out in this point 8 to other entities, including PAIH.
  9. COMPLAINT PROCEDURE
    1. The User has the right to lodge a complaint in a situation where the User is not satisfied with the level of Services provided or Services provided under the applicable Service Provision Agreement are not implemented or if they are implemented contrary to the Terms of Service.
    2. Complaints may be submitted in writing to the Agency’s address, however not later than within 14 days from the occurrence of the condition or the occurrence of the event that is the reason for the complaint (the postmark is decisive).
    3. The complaint submitted by the User must contain at least the following information: a) User data allowing identification of the User; b) an exact description of the irregularity which is the subject of the complaint, optionally the User may propose a method of removing the irregularity indicated in the complaint.
    4. The Agency is obliged to consider the complaint within 14 (fourteen) days from the date of receipt of the complaint and reply to the complaint in the manner in which it received the complaint and to the address from which it received the complaint. The deadline for considering the complaint may be extended in justified cases, and the Agency is obliged to notify the User of this fact before the expiry of the deadline referred to in the first sentence.
    5. The Agency’s decision on the complaint is final and binding.
    6. Complaint proceedings are voluntary and do not exclude the User’s right to seek redress through court proceedings independent of the complaint procedure.
  10. TERMINATION OF A CONTRACT FOR PROVIDING SERVICES
    1. The Contract for Provision of Services may be terminated by each of the Parties under the conditions set out in this paragraph.
    2. The User may terminate the Agency’s Contract for Provision of Services at any time with immediate effect by deleting the Account from the Website or removing the Offer. The removal of the Account by the User from the Website does not prevent him from creating a new Account on the Website and entering into a new Service Provision Agreement.
    3. The Agency is entitled to terminate the Contract for Provision of Services with immediate effect by deleting the Account or deleting the Offer after prior notification of the User and indication of the reason for termination, if:
      1. The User has used the Services or Account in a way that violates the provisions of the Terms of Service or the provisions of generally applicable law;
      2. When filling out the registration form or when using the Services, the User entered untrue or incorrect data, if the result of entering the untrue or incorrect data were or are causing a significant difficulty or inability to provide the Services;
      3. The User did not update the data due to their change, which resulted in a significant difficulty or inability to provide the Service;
      4. The User took actions leading to violation of security rules or threatening the security of the Service;
      5. The user acted to the detriment of the Agency.
    4. The Agency’s declaration of termination of the Service Provision Agreement shall have effect from the day it is received by the User.
    5. Termination of the Agreement for the Provision of Services by the Agency may be preceded by a temporary cessation of the provision of Services or blocking of the Account.
  11. CHANGES TO THE TERMS OF SERVICE
    1. The Agency reserves the right to change the Terms of Service if there is an important reason, such as:
      1. change of generally applicable legal regulations, affecting the provision of Services by the Agency to Users;
      2. changing the technical conditions of providing Services by the Agency to Users, including those related to technical or technological progress;
      3. organizational or legal change in the operation of the Website or the Agency.
    2. The Agency is obliged to notify Users about the planned amendment to the Terms of Service and to make the content of the new Terms of Service available on the Website at least 14 (fourteen) days before the new Terms of Service come into force.
    3. In exceptional situations, in particular if the amendments to the Terms of Service result from the change of the generally applicable law, the period referred to in point 11.2 of the Terms of Service may be reduced to the circumstances justifying the shortening of this period.
    4. Notifying the Users about the planned change of the Terms of Service takes place through the announcement placed on the Website in such a way that it is visible and legible for each User using the Website.
    5. The new Terms of Service come into force on the date set in the notification of the amendment of the Terms of Service, subject to the provisions of points 11.2 and 11.3 of the Terms of Service.
  12. FINAL PROVISIONS
    1. In matters not covered by these Terms of Service, the provisions of Polish law shall apply.
    2. All notifications and declarations related to the conclusion, execution or termination of the Service Provision Agreement will be effected in electronic form via e-mail or in writing via registered letter or courier service to the Parties’ addresses provided during registration. The contact details of the Agency can be found on the Website.
    3. The Agency is not responsible for the lack of possibility to notify or submit a statement to the User as a result of him providing untrue or incorrect e-mail address or mailing address, as well as due to incorrect operation of the mail server operating the User’s e-mailbox. In such a situation, sending the e-mail by the Agency in accordance with the provisions of point 12.2 of the Terms of Service will be considered as the Agency’s complement to the obligation to notify the User.
    4. None of the Parties may transfer the rights and obligations under the Contract for Provision of Services to third parties, unless the other Party agrees to this in writing under pain of nullity.
    5. The Parties undertake to settle all disputes arising in the performance of the Contract for Provision of Services amicably, and if the Parties fail to settle the dispute amicably, the competent court for its settlement shall be the common court competent for the Agency’s headquarters.
    6. If the competent court finds that any provision of the Terms of Service is unlawful, this provision shall be excluded, and the remainder of the provisions of the Terms of Service remain valid and binding between the Agency and the User, if in this part are sufficient to implement the Services.
    7. The Contract for Provision of Services is subject to Polish law. In matters not covered by the Terms of Service, the provisions of generally applicable Polish law, in particular the Civil Code and the Act on the Provision of Services via the Electronic Way, shall apply.
    8. The Terms of Service have been published and made available in a form that allows recording and saving on a computer hard drive or other data carrier on the Website on 05.02.2019.
    9. The Terms of Service come into force on the day of publication.
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