CANPACK INVESTORS WEBSITE
TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. WE WILL TREAT YOUR USE OF THE WEBSITE AS ACCEPTANCE OF THESE TERMS AND CONDITIONS

Information About Us

This website (the “Website”) is provided by CANPACK S.A. (“CANPACK”, “we”, “our”, “us”), a joint-stock company, with its registered office in Kraków, address: ul. Jasnogórska 1, 31-358 Kraków, NIP (Tax Identification Number): 677-004-67-39, entered into Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the KRS number 0000005418, paid-in share capital in the amount of PLN 121,201,120.00.

To contact us, please e-mail: IR@canpack.com

The Terms and Conditions form a legally binding agreement between you and us. Please take the time to read them carefully. We may modify or update them from time-to-time without notice to you, with such updates or modifications becoming binding upon posting as provided below under the Other Provision “Changes”.

Do not use our Website if you are not fully able and legally competent to agree to these Terms and Conditions.

Acceptance of the Terms and Conditions

An access button to access the Website may be included to allow users access to the Website for their review and use. By accessing the Website through use of the access button or any other means, you agree that you accept these Terms and Conditions and that you will abide by them. If you do not agree to these Terms and Conditions, you must not use our Website. You understand and agree that we will treat your use of the Website as acceptance of these Terms and Conditions from that point onwards. You should print or save a local copy of these Terms and Conditions for your records.

Your use of the Website

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through any internet connection under your control are aware of these Terms and Conditions, and that they comply with them.

You may not (other than to the extent that any such restrictions are unenforceable under applicable law):

  • use our Website in violation of these Terms and Conditions or applicable laws and regulations;
  • modify, translate, adapt, disassemble, decompile, reverse engineer, or create any derivative works based on our Website (or any portion thereof), including any files, documentation or tables;
  • determine or attempt to determine any source code, methods, techniques or algorithms embodied in the Website or any derivative works thereof;
  • distribute, transfer, license, or sell any of the Website (in whole or in part) or any derivative works thereof, unless specifically permitted herein;
  • market, lease or rent the Website (or any part thereof) for a fee or charge, or use the Website to advertise or perform any commercial solicitation;
  • interfere with or attempt to interfere with the proper functioning of the Website (or any part thereof), disrupt any networks connected to the Website (or any part thereof), or bypass any measures we use or may use to prevent or restrict access to the Website (or any part thereof);
  • incorporate the Website or any portion thereof into any other program or product. For the avoidance of doubt, we reserve the right to refuse service or limit access to the Website in our sole discretion;
  • use automated scripts to collect information from or interact with the Website (or any part thereof) in any way;
  • impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from us or our Website;
  • use the Website (or any part thereof) in a manner that may create a conflict of interest or undermine the purposes of the Website; or
  • use the Website (or any part thereof) to upload, transmit, distribute, store or otherwise make available in any way:
    • files that contain viruses or other material that is malicious or harmful;
    • any material which does or may infringe any copyright, trademark or intellectual property rights of any other person;
    • defamatory, obscene, offensive, hateful or inflammatory material or material to be used to “stalk” or harass another person;
    • any content that would constitute or encourage a criminal offence;
    • content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Website, or which may expose us or our users to any harm or liability of any type including obscene, pornographic, or invasive material that would invade another’s privacy or disclose their personal information including their name, e-mail address, postal address phone number, credit card number or other personally identifying information; or
    • If making a purchase or transacting any business through the website you must be 18 years of age or older

Suspension of withdrawal of the Website

This Website is made available free of charge.

We may suspend or withdraw or restrict the availability of all or any part of the Website for business, operational or any other reason in our sole discretion. We will try to give you reasonable notice of any suspension or withdrawal but such actions may occur without any prior notice or liability to you.

Your account

You are requested to set up your login details (unique user name and a password) when you register to use the Website. For security reasons, the login details will be needed every time you use the Website. You must treat your login details as confidential. You must not disclose them to any third party.

We have the right to block any user name or password at any time.

If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us at IR@canpack.com.

You may at any time delete your account. You do so by clicking the “Delete my Account” button.  The account shall be removed automatically. For information about our personal data processing, please see our Privacy Policy.   

Deletion of your account means that you will not be able to log back into the account, and you will need to create a new account if you wish to access the Website in the future.

Intellectual Property

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the Website content, software, database rights and all HTML and other code contained in our Website shall remain at all times vested in us. We are the owner or the licensee of all such intellectual property rights in the Website, and in the material published on it. Those works are protected by different Intellectual Property laws. All such rights are reserved and no use can be made of our intellectual property rights by you unless expressly permitted in these Terms and Conditions.

If you wish to obtain permission to make use of any of the copyrights, trademarks or other rights or material that may be displayed on the Website from time to time please contact us at IR@canpack.com.

Use of the information and materials

You may reproduce extracts of the Website for reference purposes to the extent permitted under applicable law, provided that you keep intact and respect all intellectual property rights, including any copyright notice which may appear on such content. You may not use Content in any way for any public or commercial purpose not specifically permitted herein. The use or posting of The Content on any  other website or in a networked computer environment for any purpose is expressly prohibited.

The content on our Website is provided for general information only. It is not intended to amount to advice or information on which you should rely.

Investment Decision

Our Website is intended to provide information relating to us and our Website is designed for users’ personal, non-commercial use only. You may not use our Website, or any of the material appearing on our Website from time to time, to further any commercial purpose, including (but not limited to) advertising or to promote or generate activity on any other website.

The content on the Website is provided for general information only and should not in any way be considered as an advice on which you should rely, including to make investment decisions. The Website is not intended to replace any information or consultation provided by a professional financial advisor and you should obtain professional or independent advice before taking, or refraining from, any action on the basis of the content on our Website. To the fullest extent permissible under applicable law, we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website, or by anyone who may be informed of any of its contents.

Responsibility for Website content and No Warranty

You accept that our Website is offered on an ‘as is’ and ‘as available’ basis and your use of the Website is at your own risk. Financial statements which may be made available through the Website will be provided using the level of accuracy and completeness generally required under applicable law or reporting standards for use in making business, tax or financial decisions.  Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date and to the fullest extent permissible under applicable law, we expressly exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it or that may otherwise be implied into these Terms and Conditions including, but not limited to, any warranty of title, merchantability, non-infringement third party rights or fitness for any particular purpose.

We take all reasonable steps to ensure that the Website is properly functioning at all times but we do not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects. We also do not warrant that the Website is accurate or up to date.  The Website may contain technical or typographical errors or may reference services or options that may not be available to you in your area. 

Limitation of liability

For the avoidance of doubt, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. In particular, nothing in these Terms and Conditions shall:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

Subject to the paragraph above, by accepting these Terms and Conditions, you accept that we will not be liable to you for any loss or damage you suffer as a result of visiting our Website or making use of the information available on our Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable or advised of the possibility for: (A) (i) use of, or inability to use, our Website; or (ii) use of or reliance on any content displayed on our Website. In particular, we will not be liable for (i) loss of profits, sales, business or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation, in each case whether direct or indirect; or (B) any indirect or consequential loss or damage. You must take your own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that you retain up to date copies of all data) to protect yourself against loss or damage.

Indemnity

You agree to defend, indemnify, and hold us and our affiliated companies harmless and each of our respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you of these Terms and Conditions or arising out of a breach of your obligations, any representation you make or warranties you provide under these Terms and Conditions. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate at your sole cost and expense with any reasonable requests assisting our defense of such matter.

Breach of these Terms and Conditions

You agree that a breach of these Terms and Conditions may cause irreparable injury to us for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

In case of a breach of these Terms and Conditions, we may take any such action as we consider appropriate, including, but not limited to:

  • immediate, temporary or permanent deletion of your account;
  • legal proceedings for reimbursement of all damages, costs and expenses suffered due to a breach of these Terms and Conditions;
  • demanding a return or destruction of copies of materials made in breach of these Terms and Conditions and requiring proving that you have done so.

Third Party Links From Our Website

Our Website contains links to other websites provided by third parties that are not related to or part of the Website. These links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Dangers resulting from browsing such websites through the links availed on the Website shall be your responsibility.

We have no responsibility for or control over the Terms and Conditions of use and the privacy policy (if any) of the operators of the external websites. External websites may protect information and privacy using means or processes which are different from those used by our Website. You are advised to check and constantly review the Terms and Conditions of use and the privacy policies of these external websites before entering or making use of them. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

Law applicable in case of a dispute

You agree that these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Polish law. You agree to the exclusive jurisdiction of the Polish courts. 

Other Provisions

  • Entire Agreement. These Terms and Conditions constitute the whole legal agreement between you and us and govern your use of the Website and completely replace any prior agreements between you and us in relation to the Website.
  • Changes. We may amend these Terms and Conditions from time to time. Any changes we may make to these Terms and Conditions in the future will be posted on this page. Every time you wish to use the Website, please check these Terms and Conditions to ensure that you understand the terms that apply at that time, as they are binding on you. Your continued use of this Website following such change demonstrates your agreement to be bound by the modified Terms and Conditions. If you do not agree to any change of the Terms and Conditions, then you must immediately stop using the Website. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our Website.
  • Links to our Website. You may link to our Website, provided you do so in a way that is fair and legal, is non-deceptive and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
  • No Waiver. Our failure to insist upon or enforce any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
  • Security. We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own virus protection software.
  • Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions, and the remaining provisions of the Terms and Conditions will continue to be valid and enforceable.
  • Contact. Should you have any questions, please contact us at IR@canpack.com.