TERMS AND CONDITIONS OF THE NEWSLETTER SERVICE FOR MERIT S.A. INVESTORS AND SHAREHOLDERS 

1. PRELIMINARY PROVISIONS

These Terms and Conditions set out the rules for the Newsletter service provided by Merit S.A. with its registered office in Łódź.  

These Terms and Conditions are made available free of charge to each User at https://grupaklepsydra.pl/regulamin-uslugi/ in a manner that allows it to be downloaded, saved and printed. The User shall be given the opportunity to read and accept these Terms and Conditions at the latest at the time of expressing his/her intention to use the Service and shall be informed of his/her rights and obligations.

In order to use the Newsletter service, the User must first read these Terms and Conditions and the Privacy Policy and accept them in full.

The provider of the Website access Service is MERIT SPÓŁKA AKCYJNA with its registered office in Łódź, ul. Łąkowa 3/5, 90-562 Łódź, entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000362881 (“Service Provider”).

The electronic contact address with the Service Provider is: biuro@grupaklepsydra.pl.

2. DEFINITIONS

Any capitalised words whose meaning is defined below shall be understood as follows:

Newsletter – Service provided by the Service Provider consisting of providing the User, subject to proper consent, with periodical information of an informative nature concerning in particular information on the Company’s activities, relevant to its shareholders and potential shareholders.

Newsletter Privacy Policy – a document containing information on the principles of collecting, storing, retaining and protecting the User’s personal data, available at ……………………….., constituting an integral part of these Terms and Conditions.

Terms and Conditions – these terms and conditions which set out the rights and obligations of the Service Provider and the User with respect to provision and use of the Newsletter Service. The Terms and Conditions constitute the regulations for provision of services by electronic means within the meaning of Article 8 (3) of the Act of 18 July 2002 on Electronic Service Provision.

Website – the website belonging to the Service Provider, available at https://grupaklepsydra.pl, through which the User may order the Newsletter Service.

Agreement – an agreement concluded electronically between the Service Provider and the User, the object of which is the provision of the Newsletter Service by the Service Provider in accordance with the Terms and Conditions.

Newsletter Service – a service provided by the Service Provider on the Website electronically, under the terms and conditions set out in the Terms and Conditions, which consists of sending investor notifications.

Service Provider – MERIT SPÓŁKA AKCYJNA with its registered office in Łódź, ul. Łąkowa 3/5, 90-562 Łódź, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division of the National Court Register under KRS number 0000362881, tax identifier NIP: 9482569794.

User – a natural person, or a legal person acting through an authorised natural person, or an organisational unit without legal personality which is granted legal capacity by law, with full legal capacity. Where the User is a natural person with limited legal capacity, he or she undertakes to obtain the legally effective consent of his or her legal representative to conclude the Agreement and to present such consent at any request of the Service Provider, the Agreement being, as a rule, a contract commonly concluded for minor day-to-day matters. The Service Provider shall not charge Users for providing the Newsletter Service.

3. SUBJECT MATTER AND TERMS OF USE OF THE NEWSLETTER SERVICE

The Newsletter Service, provided at the User’s request after the conclusion of the Agreement, includes:

  • receipt by Users who have provided the Service Provider with their e-mail address, by electronic means, including by means of automated calling systems, of information concerning the Service Provider’s activities relevant to its shareholders, including, in particular, information on progress in the implementation of strategy, significant events, financial results, press releases, etc.
  • receipt by Users who have provided the Service Provider with their telephone numbers, including by means of automated calling systems, of information concerning the Service Provider’s activities relevant to its shareholders, including, in particular, information on progress in the implementation of strategy, significant events, financial results, press releases, etc.

The Newsletter Service can be used after the User has completed all of the following steps:

  • providing at least an e-mail address in the relevant field on the Website or ticking the relevant checkbox to receive information via the appropriate channel;
  • acceptance of the provisions of these Terms and Conditions by ticking the appropriate checkbox (the moment the Newsletter Service starts).

The Newsletter Service is provided free of charge.

The Newsletter Service is provided for an indefinite period of time.

In particular, the User is obliged to:

  • provide the Service Provider only with the User’s true, current and all necessary data,
  • promptly update the data provided to the Service Provider in connection with the conclusion of the Agreement;
  • use the services offered by the Service Provider in a manner consistent with applicable law and without infringing on the rights of third parties, the provisions of these Terms and Conditions, as well as with customary practice and principles of social coexistence, in particular the non-delivery of unlawful content.

The Newsletter Service Agreement may be terminated by the User at any time by deactivating the subscription, which is possible by clicking on the link “Unsubscribe” in the Newsletter e-mail.

Consent to receive commercial information by means of electronic communication sent by the Service Provider is voluntary and the Newsletter Service User may withdraw it at any time.

Exclusive rights to all elements, including works within the meaning of the Act on Copyright and Related Rights of 4 February 1994 (Journal of Laws No. 24, item 83, as amended), made available by the Service Provider, in particular copyright, shall be vested in the Service Provider or entities with which the Service Provider has entered into relevant agreements. The User is entitled to use the aforementioned content free of charge only for his/her own personal use and only for the purpose of proper use of the Newsletter Service, worldwide.

4. PROTECTION OF PERSONAL DATA

The User’s personal data shall be processed by the Service Provider as personal data controller in order to provide the Newsletter Service.

The provision of personal data by the User is voluntary, but it is necessary in order to use the Newsletter Service.

The User has the right to access his/her personal data, including requesting a copy of the data, the right to rectification, restriction of processing, erasure of his/her data and cancellation of the Newsletter, the right to have his/her personal data transferred, e.g., to another controller, the right to lodge a complaint with the President of the Office for Personal Data Protection (UODO).

Additional information on personal data protection is contained in the document “Newsletter Privacy Policy” available on the Website.

5. TECHNICAL CONDITIONS FOR USING THE NEWSLETTER SERVICE

The use of the Newsletter Service (including the conclusion of the Agreement) requires the following minimum technical requirements to be met by the end device and ICT system used by the User: (1) computer, laptop or other multimedia device with access to the Internet, and in the case of recipients of the Newsletter Service at a given mobile number – a mobile phone; (2) access to electronic mail; (3) current version of the Internet browser allowing HTML documents to be displayed on the computer screen with the option to accept cookies and the possibility to support Javascript enabled (Mozilla Firefox, Internet Explorer, Safari, Google Chrome, Opera, Edge); (4) recommended minimum screen resolution: 1024×768; (5) a valid/active e-mail address; (7) a keyboard or other pointing device capable of correctly filling in electronic forms.

6. COMPLAINTS

Complaints related to the Newsletter Service may be submitted in electronic form at the e-mail address: biuro@grupaklepsydra.pl or in writing by registered letter to the address: Merit S.A., ul. Łąkowa 3/5, 90-562 Łódź.

In the complaint, the User should indicate the subject of the complaint, in particular describe the circumstances justifying the complaint and provide data enabling contact with the User (e.g.: full name, correspondence address, contact telephone number or e-mail address for correspondence).

The Service Provider shall respond to the complaint without delay, but no later than within 30 days of receipt.

In the event that the Service Provider does not acknowledge a complaint made by the User, the User may make use of out-of-court means of handling complaints and pursuing claims. In particular, the User may seek assistance from consumer organisations and municipal or district consumer ombudspersons. Detailed information on the possibility for the Client who is a consumer to use out-of-court ways of handling complaints and pursuing claims, as well as rules of access to these procedures, are available on the website of the Office of Competition and Consumer Protection (UOKiK): https://www.uokik.gov.pl.

The Client who is a consumer may use the EU online ODR platform, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL.

7. LIABILITY

For the purposes of the Terms and Conditions, “Force Majeure” shall mean any event beyond the control of the Service Provider, including, but not limited to, a fortuitous event, war, insurrection, riot, civil commotion, epidemics, acts of terrorism, fire, explosion, flood, theft of essential equipment, wilful damage, cyber attack, strike, lock-out, weather conditions, security for the benefit of a third party, national defence requirements, acts and regulations of central or local government authorities. The Service Provider shall not be liable to the User for any failure to perform any obligations under the Agreement or the Terms and Conditions to the extent that this is caused by the occurrence of Force Majeure.

Neither the Service Provider nor its employees, authorised representatives and agents shall be liable to the User who is not a consumer, its subcontractors, employees, authorised representatives and/or agents for any damage, including loss of profits, unless the damage was caused by them intentionally. Whenever the liability of the Service Provider, its subcontractors, employees, authorised representatives and/or agents is established, such liability towards the User who is not a consumer, regardless of its legal basis, shall be limited, both as for a single claim and for all claims in aggregate. to the amount of one thousand zlotys.

8. TERMINATION OF THE AGREEMENT

The User may, at any time and without giving any reason, unsubscribe from the Newsletter Service (opt-out), in particular by clicking on the deactivation link contained in each e-mail sent to the User within the Newsletter Service.

The Service Provider may terminate the Agreement at any time with one month’s notice for valid reasons, understood as (closed list):

  • a change in the law governing the provision of services by electronic means by the Service Provider affecting the mutual rights and obligations set out in the Agreement or a change in the interpretation of the aforementioned law as a result of court rulings, decisions, recommendations or guidelines of authorities or bodies competent in the matter;
    • a change in the manner in which the services are provided due exclusively to technical or technological reasons (in particular, updates to the technical requirements set out in these Terms and Conditions);
    • change in the scope or provision of the services to which the Terms and Conditions apply, through the introduction of new, modification or withdrawal by the Service Provider of existing functionalities or services covered by the Terms and Conditions.

The Service Provider shall send its termination notice to the e-mail address provided by the User during registration for the Newsletter Service.

The Service Provider may terminate the User’s Agreement with seven days’ notice or deny the User’s further right to use the Newsletter Service, and restrict the User’s access to part or all of the content, for valid reasons, i.e., in the event of a gross breach of these Terms and Conditions by the User.

9. AMENDMENT OF THE TERMS AND CONDITIONS

The Terms and Conditions constitute a model agreement within the meaning of Article 384 § 1 of the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).

The Service Provider may amend these Terms and Conditions in the event of the occurrence of at least one of the following valid reasons (closed list):

  • a change in the law governing the provision of services by electronic means by the Service Provider affecting the mutual rights and obligations set out in the Agreement or a change in the interpretation of the aforementioned law as a result of court rulings, decisions, recommendations or guidelines of authorities or bodies competent in the matter;
    • a change in the manner in which the services are provided due exclusively to technical or technological reasons (in particular, updates to the technical requirements set out in these Terms and Conditions);
    • change in the scope or provision of the services to which the Terms and Conditions apply, through the introduction of new, modification or withdrawal by the Service Provider of existing functionalities or services covered by the Terms and Conditions.

In the event of amendments to the Terms and Conditions, the Service Provider shall make the consolidated text of the Terms and Conditions available by publishing it on the Website and by means of a message sent to the e-mail address provided by the User during registration for the Newsletter Service.

The amendment to the Terms and Conditions shall come into effect 14 days from the date of sending the information about the amendment. The User may terminate the Agreement within 14 days of being notified of the change to the Terms and Conditions.

Minor amendments to these Terms and Conditions consisting of editorial corrections to the text and amendments consisting of changing the Service Provider’s name, address or registered office (provided they are disclosed in the Register of Entrepreneurs of the National Court Register) do not require notification to or consent of the User. The Terms and Conditions thus amended shall be made available on the Website. 

10. FINAL PROVISIONS

These Terms and Conditions shall enter into force on 01.10.2023.

The Agreement shall be concluded in Polish.

Recording, securing and making available of the material provisions of the concluded Agreement shall take place by sending an e-mail to the e-mail address provided by the User during registration for the Newsletter service. 

The Agreement shall be governed by the laws of the Republic of Poland and the courts shall be the ordinary courts of the Republic of Poland, unless otherwise provided by mandatory provisions of law.