THE RULES FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS BY MURAPOL GK OMPANIES

 I. Definitions
 

 1.1. Act on the provision of services by electronic means - Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2017, item 1219, as amended).

1.2. The Rules - the rules for the provision of the services by electronic means, which are the rules referred to in Art. 8 sec. 1 point 1) of the Act on providing services by electronic means.

1.3. Service – a service provided by electronic means within the meaning of Art. 2 point 4 of Act of 18 July 2002 on providing services by electronic means by the Service Provider via the Website.

1.4. Service provider – service provider within the meaning of Art. 2 point 6 of the Act on providing services by electronic means.

• i.Murapol S.A. with its registered office in Bielsko-Biała (43-300) ul. Dworkowa 4, entered into the register of entrepreneurs kept by the District Court in Bielsko-Biała, 8th Commercial Division of the National Court Register under KRS number: 0000275523, REGON: 072695687, NIP: 5471932616, which provides Services via the website / https://www.murapol.pl/
• ii. Murapol Real Estate S.A. with its registered office in Bielsko-Biała (34-300) ul. Dworkowa 4, entered into the register of entrepreneurs kept by the District Court in Bielsko-Biała, 8th Commercial Division of the National Court Register under KRS number: 0000030723, REGON: 350757002, NIP: 6771007078, which provides Services via the website https://www.murapolre.pl/.
• iii. MyMurapol Sp. z o. o. with its registerd office in Bielsko-Biała (34-300) at ul. Dworkowa 4, entered into the register of entrepreneurs kept by the District Court in Bielsko-Biała, 8th Commercial Division of the National Court Register under KRS number: 0000370635, REGON: 241781309, NIP: 5472128336, which provides Services via the website https://my.murapol.pl/;

 1.5. Website – one of the websites available at:

             i. https://www.murapol.pl
             ii. https://www.murapolre.pl
             iii. https://my.murapol.pl

 through which the Service Provider indicated in point 1.4. provides Services under the Rules.

1.6. User – any natural person, legal person or organizational unit without legal personality that uses the Service in any way.

1.7. Agreement - an agreement concluded between the Service Provider and the User under the Rules, the subject of which is the provision of Services.

1.8. Customer Zone - a set of Services and functionalities available via the User Account, available after Registration and each time Log in.

1.9. Account – an individual User account enabling access to the Customer Zone.

1.10. Registration - a one-time activity which refers to the creation of an Account in the Customer Zone by the User, performed by using the registration form provided by the Service Provider on the website https://www.murapol.pl/.

1.11. Log in - User authentication in the Customer Zone by providing the e-mail address and Password indicated during Registration process.

1.12. Password – a sequence of alphanumeric characters, known only to the User, necessary to log in to the User's account in the Customer Zone.

1.13. Consumer – a natural person who enters into a legal transaction with the Service Provider that is not directly related to his or her business or professional activity.

 

II. General provisions
 

2.1. Subject of the Rules. The Rules define the rules for the provision of Services by the Service Provider via the Website.

2.2. Reading of the Rules and acceptance of its provisions. The User should read the Rules before using the Services described in the Rules. By using the Website in any way, the User declares that he or she has read the Rules, accepts its provisions and undertakes to follow them.
 

       III. Type and scope of services 
 

3.1. Services provided via the website https://www.murapol.pl/. Murapol S.A. provides the following services:

• i. an interactive form enabling the creation of a User Account in the Customer Zone;
• ii. an interactive form 'Ask about an apartment' enabling you to order an offer, reserve an offer, and contact us to discuss the offer;
• iii. an interactive form 'Call me now' enabling you to order a telephone contact;
• iv. an interactive form enabling you to join the 'Program 5000' competition;
• v. the interactive form 'Loans' enabling you to order contact to discuss a loan offer;
• vi. an interactive form 'We will buy land' enabling the submission of a land offer;
• vii. an interactive form 'Build with us' enabling the submission of subcontractors' offers.

3.2. Services provided via the website https://www.murapolre.pl/Murapol Real Estate S.A. provides an interactive contact form.

3.3. Services provided via the website https://my.murapol.pl/. MyMurapol Sp. z o.o. provides:

• i. newsletter subscription service;
• ii. interactive form enabling you to order a loan offer.
   

       IV. Registration in the Customer Zone
 

4.1. Activities necessary to complete Registration procedure. During Registration in the Customer Zone, the User performs the following activities:

• i. completing a form available at https://www.murapol.pl/strefa-klienta/rejestracja by providing e-mail address, password, name, surname and telephone number;
• ii. confirmation by the User that he/she has read the Rules and that he/she accepts the provisions contained therein;
• iii. confirmation of Registration by clicking on the link sent to the e-mail address provided during Registration process or copying and pasting it into the URL bar of the browser.

4.2. Optional User consents. Optionally, during Registration process , the User may express voluntary consent to:

• i. processing of personal data for the purposes of marketing of Murapol S.A. products and services. and - in the event of voluntary consent to the disclosure of personal data - products and services of other entities from the Murapol capital group;
• ii. sending commercial information via electronic means by Murapol S.A. and - in the event of voluntary consent to the disclosure of data - by other entities from the Murapol capital group;
• iii. use of telecommunications data terminal equipment for direct marketing purposes by Murapol S.A. and - in the event of voluntary consent to the disclosure of data - by other entities from the Murapol capital group;
• iv. providing personal data to other entities from the Murapol capital group for the purposes of marketing the products and services of these entities.

4.3. The moment of conclusion of the Agreement. The Agreement between the Service Provider and the User is concluded upon confirmation of Registration in the manner indicated in point 4.1. (iii).

4.4.Access to the Customer Area. After successful Registration, the User gains access to the Account in the Customer Zone, which is always provided by the Service Provider after entering the e-mail address and the Password provided during Registration process.

4.5. User Obligations. During Registration, as well as when using the User Account in the Customer Zone, the User is obliged to:

• i. providing data that is true, accurate and up-to-date, not misleading and not violating the rights of third parties;
• ii. updates provided in the registration form, immediately after any change in these data. Data is updated within the User Account in the Customer Zone;
• iii. keep the Password secret and not share it with other people.

4.6. User's responsibility. The User is solely responsible for the content of the data provided by him/her, as well as for the selection of the Password, including liability for any possible infringement of third party rights in connection with the selection of the Password. The User is also solely responsible for disclosing his/her Password to other persons.
 

        V. The term of the Agreement
 

 5.1. The term of the Agreement. This Agreement is entered for an indefinite period of time.

5.2. User's right to terminate the Agreement. The User may terminate the Agreement at any time by contacting us via e-mail at sekretariat@murapol.pl.

5.3. The Service Provider's right to terminate the Agreement. The Service Provider may terminate the Agreement if the User violates applicable law or the provisions of the Rules while using the Website.

VI. Terms of use

6.1. Technical specifications of the equipment. Proper use of the Services by the User is possible provided that the user's equipment and IT system meet the following minimum technical requirements:

• i. have one of the following operating systems: Microsoft® Windows® version 7, 8, 8.1, 10 or higher;
• ii. have active and properly functioning Internet access;
• iii. use one of the following web browsers: Google Chrome® for Windows® (version 52 or newer), Mozilla® Firefox® (version 48 or newer), Microsoft®, Edge® (version 34 or newer);
• iv. the web browser indicated above accepts cookies.

6.2. Exclusion of liability of the Service Provider. The Service Provider is not responsible for technical problems or technical limitations occurring in the computer equipment, IT system and telecommunications infrastructure used by the User, which prevent the User from using the Website and the Service offered through it.

6.3. Temporary interruption in using the Website. If it is necessary to make changes and improvements to the system, carry out maintenance work or equipment failure, the Service Provider reserves the right to temporarily interrupt the operation of the Website.

6.4. Proper use of the Website. The User is obliged to comply with the provisions of these Rules and to use the Websites in accordance with its intended purpose and refrain from any activity that may disturb its proper functioning, in particular through the use of specific software and devices.

6.5. Using the Website in accordance with legal standards and law. The User is obliged to use the Website in a manner consistent with social and moral norms and the provisions of generally applicable law.

6.6. The Service Provider's right to limit the User's use of the Website. The Service Provider may suspend or deprive the User of the right to use the Services with immediate effect if he or she violates the Rules or applicable law.

6.7. The information contained on the Website does not constitute an offer. The information contained on the Website does not constitute an offer within the meaning of the provisions of the Civil Code, but is for informational purposes only.

6.8. The illustrative character of visualizations and photos on the Website. The visualizations, building models and their photos presented on the Website are for illustrative purposes only and may change during the design process.

6.9. Protection of content posted on the Website. The website contains content protected by the Act of February 4, 1994 on copyright and related rights (Journal of Laws of 2018, item 1191, as amended), the Act of June 30, 2000 - Industrial Property Law (Journal of Laws .U. of 2017, item 776, as amended) and intangible goods protected by intellectual property law. None of this content, in particular text, graphics, trademarks, logos, icons, photos, programs, presented on the Website may be reproduced or distributed in any form and in any way without prior permission. The User undertakes to use the content of the Website only for permitted personal use.
 

     VII. Personal data protection
 

7.1. Personal data controller. The controller of Users' personal data is the Service Provider.

7.2. Privacy policy. Rules for processing personal data of Website Users operating at the following addresses:

• i. https://www.murapol.pl
• ii. https://www.murapolre.pl
• iii. https://my.murapol.pl

are specified in the Privacy Policy available at https://www.murapol.pl/polityka-prywatnosci.

 

    VIII. Cookies
 

8.1. Cookies. The Service Provider may use cookies (i.e. small text files sent to the User's device, identifying it in a way necessary to simplify or cancel a given operation) to collect information related to the use of the Website by the User.

8.2. Privacy policy. Rules for the use of cookies by Website Service Providers operating at the following addresses:

• i. https://www.murapol.pl
• ii. https://www.murapolre.pl
• iii. https://my.murapol.pl

are specified in the Privacy Policy available at https://www.murapol.pl/polityka-prywatnosci.
 

       IX. Complaint procedure
 

9.1. Submitting complaints. Complaints regarding the Services provided may be submitted by Users via e-mail to sekretariat@murapol.pl.

9.2. Deadline for reply. The Service Provider will investigate the complaint and notify the User via e-mail about its decision within 14 days of receiving the complaint.

9.3. Scope of responsibility of the Service Provider. The Service Provider is responsible for the Services provided only to the extent specified in the Rules.

9.4. Extrajudicial methods of dealing with complaints and pursuing claims. The Client who is a Consumer may use extrajudicial methods of dealing with complaints and pursuing claims. The rules for access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations which statutory tasks include consumer protection, Voivodeship Inspectorate of the Trade Inspection and the Office of Competition and Consumer Protection.

9.5. Consumer rights. A User who is a Consumer has the right to consider complaints and pursue claims:

• i. through mediation activities of voivodeship inspectors of the Trade Inspection;
• ii. at permanent consumer arbitration courts at the voivodeship trade inspection inspectors.

9.6. Complaint consideration – mediation. Mediation activities specified in point 9.5. (i), in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2018, item 1930, as amended), are available after the Consumer submits an application to the competent voivodeship inspector of the Trade Inspection regarding the amicable settlement of the dispute between the Consumer and the Service Provider. Information on the rules and procedure of the mediation conducted by the voivodeship inspector of the Trade Inspection is available at the offices and on the websites of individual Voivodeship Inspectorates of the Trade Inspection.

9.7. Permanent consumer arbitration courts. Permanent consumer arbitration courts referred to in Art. 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2018, item 1930, as amended), specified in point 9.5. (ii) are available by submitting an application by the Consumer for consideration of a dispute arising from the concluded agreement by a competent permanent consumer arbitration court. The Rules for the organization and operation of permanent consumer arbitration courts are specified in the relevant legal act.

9.8. Consumer Ombudsman. The User who is a Consumer also has the right to contact the poviat (municipal) consumer ombudsman or a social organization which statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers) in order to obtain free assistance in resolving the dispute between the Consumer and the Service Provider, including representing the User in matters related to the protection of consumer rights and interests. Advice is provided by the Consumer Federation at the free consumer hotline number and by the Association of Polish Consumers.

9.9. Online Dispute Resolution. Pursuant to EU Regulation No. 524/2013 on online consumer dispute resolution, consumers have the right to resolve disputes with entrepreneurs concluding online sales contracts or contracts for the provision of services, using extrajudicial method via the EU online platform. A complaint can be submitted on the form available at: https://ec.europa.eu/consumers/odr/. The Service Provider reserves that for reasons beyond its control, the above procedure may be unavailable to the Consumer in a given European Union Member State, which depends on the legislation in a given country.

9.10. Notes. If, as a result of the complaint submitted by the Consumer, the dispute has not been resolved, the Service Provider is obliged to provide the Consumer, in response to the complaint, on paper or another durable medium, information whether it agrees to extrajudicial dispute resolution or whether it does not agree to it. If the Service Provider has given such consent, it is obliged to immediately indicate to the Consumer which entity is competent to resolve such disputes. The lack of such information automatically means that the Service Provider agrees to extrajudicial dispute resolution.
 

        X. Final provisions
 

 10.1. Amendments to the provisions of the Rules. The Service Provider is entitled to amend the Rules at any time, provided that any rights acquired by the Consumer are maintained. Notes about amendments to the Rules is provided by concluding the new version of the Rules on the Website and by sending it to the e-mail address of the User who has an Account in the Customer Zone. If the User fails to terminate the Agreement within 14 days from the date of providing information about the amendment to the Rules, it is considered that the amendment has been accepted.

10.2. Salvatory clause. If individual provisions of these Rules are held to be in conflict with any law or ineffective does not affect the validity or effectiveness of the remaining provisions of the Rules. In place of the invalid provision, the provision that comes closest to the objectives of the invalid provision and the whole Rules will be applied.

10.3. Competent court. In the case of Users who are not consumers, the court competent to hear disputes related to the subject of these Rules is the common court in Bielsko-Biała.

10.4. Applicable law. matters not regulated in these Rules shall be regulated by provisions of law applied in  the territory of the Republic of Poland.

10.5. Access to the Rules. The applicable  content of the Rules in Polish is published at https://www.murapol.pl/regulamin  in a way that enables its storage (recording) and repeated reproduction in the ordinary  business activity.

10.6. Entry into force. The Rules shall become effective on December 23, 2020.