Reo Platform Regulations

DEFINITIONS

I. GENERAL TERMS AND CONDITIONS

1. The Regulations define the rules of operation and the conditions for the Participants to use the REO Platform via a website operating on desktop computers or mobile devices, as well as the role and scope of operation of Reo.pl as the entity managing the REO Platform and as the Parties to Sales Agreements.
2. Contact with Reo.pl is possible via e-mail to the following e-mail address: sales@reo.pl, and the contact form available on the REO Platform. The REO Platform is available at www.reo.pl.
3. A prerequisite to start using the REO Platform is that the Participant has:
1. a technical device with access to the Internet and a web browser, e.g. Google Chrome, Mozilla Firefox, Opera, Microsoft Edge, Internet Explorer, or a mobile device,
2. an active e-mail account (e-mail),
3. enabled cookies.

II. THE SCOPE OF OPERATION OF THE REO PLATFORM

1. Reo.pl is an energy company that trades in the Goods on the basis of an electricity trading license.
2. Reo.pl provides the REO Platform in order to enable eligible Participants to issue Offers for the purchase and sale of Goods and the Reservation of Offers provided by other Participants in order to conclude Sales Agreements, where the Parties to the Transaction are always Reo.pl and the Participant.
3. Reo.pl represents that it is duly authorised to use the REO Platform, and that it has the right to dispose of the REO Platform to the extent specified in the Regulations, including the provision of the REO Platform for use by the Participants. None of the provisions of the Regulations may be interpreted as a transfer of proprietary copyrights to the REO Platform to the Participant or other third party.
4. Under no circumstances the Participant shall:
1. permanently or temporarily reproduce the REO Platform in whole or in part, by any means and in any form, in particular, it has no right to record, play, run and transmit,
2. translate, adapt, change the layout or make any other changes in the REO Platform,
3. reverse engineer, including through reverse programming or inverse operations,
4. distribute, e.g. by publishing, lending, leasing, renting, granting license or sub-license, as well as by selling the REO Platform or a copy thereof,
5. create software that is a derivative work to the REO Platform,
6. assign, delegate, pledge or otherwise transfer its rights or obligations arising from the use of the REO Platform to another entity, without the prior consent of Reo.pl,
7. change, remove or obliterate trademarks, copyright marks and other proprietary markings placed on the REO Platform or other documents provided by Reo.pl.
5. As part of making the REO Platform available, Reo.pl shall:
1. enable the Participant to set up an Account and use the REO Platform in full as part of the existing functionalities,
2. maintain access to the REO Platform to the extent enabling the use of the existing functionalities of the REO Platform, including in particular, the provision and reservation of Offers and conclusion of Sales Agreements, subject to the provisions of section V clause 1,
3. conduct marketing activities for the REO Platform, aimed to promote the solutions offered by the REO Platform and attract new participants.
6. The Participant shall be solely responsible for the content posted on the REO Platform and made available to other Participants and Reo.pl via the REO Platform, including, in particular, data on the Goods and the conditions of the Offers and concluded Sales Agreements.
7. On account of the possibility of conducting marketing activities by Reo.pl, referred to in clause 5(c) above, the Participant grants Reo.pl the right to use materials and data, including the Participant's logo, which the Participant places in its Offer, in order to create and disseminate materials promoting the REO Platform in a form chosen by the Participant, taking care of the good name of the Participant. If necessary, Reo.pl will be entitled to transfer the aforementioned materials or data to third parties who will carry out work related to the implementation and/or dissemination of materials promoting the REO Platform. In the event of the Participant being deprived of the right to use the aforementioned materials or data, the Participant shall be obliged to immediately inform Reo.pl about this fact.
8. To the fullest extent permitted by law, Reo.pl shall not be held liable for any disruptions in the operation of the REO.pl Platform, including in particular, interruptions in the operation of the REO Platform caused by Force Majeure, suspension of the activity of Towarowa Giełda Energii, suspension of the Balancing Market, unauthorised activities of third parties or incompatibility of the REO Platform with the Participant's technical infrastructure, as well as improper acts or omissions of the Participant.

III. TERMS OF USE OF THE REO PLATFORM

1. The use of the REO Platform by the Participant who holds the right to dispose of an active PPE shall only be possible after correct registration of a given Participant on the dedicated website www.reo.pl or via the REO Platform application and setting up the Participant's Account, as well as accepting the terms of use of the REO Platform set out in these Regulations and the Privacy Policy, as well as rules for contacting Participants via Reo.pl.
2. When setting up an Account, the Participant shall provide true and up-to-date data and update them in the event of a change. The Participant's data should be identical to those indicated in the Central Register and Information on Economic Activity, the National Court Register or other relevant register of entrepreneurs or personal documents. Otherwise, the Participant shall be fully responsible for any damage caused by providing false or outdated data.
3. Creating an Account is tantamount to accepting the Regulations and the Privacy Policy by the Participant.
4. Reo.pl shall be authorised to terminate the Participant's use of the REO Platform with immediate effect in the event of:
1. losing the right to dispose of PPE,
2. a material breach by the Participant of the provisions of the Regulations or the Privacy Policy,
3. the use of the REO Platform in an unlawful manner,
4. the use of the REO Platform in a way that undermines the reputation or good name of Reo.pl or the REO Platform, as well as in a way that could result in breach of law by Reo.pl,
5. delay in making payments to Reo.pl by the Participant under the concluded Sales Agreements, lasting at least [7] days.
5. The Participant shall:
1. in case of doubts raised by Reo.pl, enable Reo.pl to verify the content posted via the REO Platform in terms of its authenticity and compliance with the Regulations,
2. in case of doubts raised by Reo.pl, enable Reo.pl to verify the use of the REO Platform, including compliance with the Regulations and respecting the copyrights and proprietary rights of Reo.pl,
3. use the REO Platform only in accordance with its intended purpose and the conditions set out in the Regulations as well as additional documents and statements made available by Reo.pl as part of the use of the REO Platform and concluded Sales Agreements,
4. not offer Goods to which the Participant is not entitled,
5. not provide data enabling third parties to access to the REO Platform, with the exception of persons authorised by the Participant who are employees or associates of the Participant, and the Participant will be solely responsible for the actions or omissions of these persons,
6. immediately inform Reo.pl about any unlawful use of the Participant's Account by an unauthorised third party,
7. not provide data or information that are intended to encourage Participants to purchase or sell Goods outside the REO Platform,
8. provide reliable data on the total planned consumption or production of electricity in the indicated billing period.
6. In the event that as a result of verification of the Participant of the REO Platform by Reo.pl or as a result of a justified notification by a third party or an authorised body of the event of breach of the law by the Participant using the REO Platform, in particular in the event of breach of the provisions of the Regulations, Reo.pl shall be authorised to immediately block the Participant's Account and cancel the possibility of using the REO Platform.
7. Moreover, in the event of the circumstances referred to in par. 6 above, Reo.pl shall also be authorised to request that the Participant immediately cease violations and to seek compensation for the resulting damage on the general terms provided for in the Civil Code.
8. Each time the Participant shall be authorised to provide explanations as to the charges against it, and in the event of cessation of the violations by the Participant or by demonstrating the absence of violations by the Participant, Reo.pl will be able to decide to restore the Participant's rights resulting from the creation of the Account and the possibility of further use of the REO Platform by the Participant.

IV. CONCLUSION OF SALES AGREEMENTS

1. Correct creation of the Account by the Participant allows full access and use of the REO Platform in accordance with its functionalities, on the terms specified in the Regulations, including in particular the conclusion of Sales Agreements.
2. After logging in, the Participant places its Offers on the REO Platform via the "+Add your offer" button.
3. In the case of a Participant who has submitted/accepted a valid Offer, the Parties assume that after the conclusion of the first Sales Agreement via the REO Platform, Reo.pl will be the entity responsible for the total sale/purchase of the Participant's Goods produced/collected under a given PPE. Terms and conditions of the above-mentioned cooperation shall be specified in detail in the Sales Agreement.
4. The purchase offer for the Goods consists in:
5. determination of the unit price for the Goods,
6. determination of the volume of the Goods given in the appropriate measurement unit,
7. determination of the period within which the Goods are to be delivered.
8. The offer for the sale of the Goods consists in:
9. determination of the unit price for the Goods,
10. determination of the volume of the Goods given in the appropriate measurement unit,
11. determination of the period within which the Goods are to be delivered.
12. The Participant interested in a given Offer of the other Participant and the conclusion with Reo.pl of the Sales Agreement on the terms and to the extent specified in a given Offer, marks this Offer as reserved, i.e. makes a Reservation of such Offer, after logging in, by pressing the "Make Reservation" button. The Offer shall be reserved for a maximum period of [2] business days from the moment the Offer has been reserved. The Participant shall be entitled to cancel the Reservation within [24] hours from the moment of making the Reservation without incurring any negative consequences in this respect, and after the expiry of the said period, the Participant shall be obliged to conclude the Sales Agreement, provided that the verification process referred to below results in a positive decision.
13. After making reservation of the Offer, Reo.pl verifies the Participants who are to be the Parties to the Sale Agreements. The verification consists in particular in checking the Participant's identification data. Having gone through the verification process, the Participants shall be obliged to conclude Sales Agreements.
14. Until the Offer has been reserved, the Participant is entitled to make changes to the Offer or withdraw the Offer after logging in through the "My Account" Panel. The withdrawn offer may be re-posted on the REO Platform by the Participant.
15. The Offer is removed by Reo.pl from the REO Platform at the beginning of the first day of the period during which the Goods covered by such Offer are to be delivered, unless the Offer has been booked by another Participant by that date.
16.  Sales Agreements are concluded by Reo.pl with each Participant interested in purchasing/selling Goods via the REO Platform, in accordance with the Offer submitted by one of the Participants and selected by the other REO Platform Participant.
17. Each Sales Agreement is concluded between the Participant and Reo.pl upon previously selected and accepted conditions by the Participant, who is the producer or recipient of the Goods, respectively.
18. Reo.pl is responsible for commercial balancing and settlement of concluded Sales Agreements.
19. Sales Agreements are concluded in electronic form, along with all additional documents and statements necessary to conclude a Sales Agreement in accordance with the Regulations and applicable law. The Parties also reserve the right to conclude a Sales Agreement in documentary form.
20.  The conclusion of the Sales Agreement in an electronic form takes place by affixing the Agreement with a qualified electronic signature by each of the Parties, while the conclusion of the Sales Agreement in a documentary form takes place remotely, with the use by the Parties of other electronic tools than a qualified electronic signature.
21. Depending on the type of entity related to the Participant and the type of the Sales Agreement, while concluding the Sales Agreement, the Participant may be required to present an appropriate power of attorney to change the electricity supplier, terminate the existing sales agreement, comprehensive agreement or the agreement for the provision of electricity distribution services including a relevant application of the Participant to conclude a Sales Agreement.
22. Reo.pl confirms, via the REO Platform or e-mail correspondence, the correct conclusion of the Sales Agreement and the completeness of the data and documents sent.
23. In the case of any deficiencies found in the documents signed
24. or declarations submitted, Reo.pl requests that the Participant immediately supplement the deficiencies, but within no more than 3 Business Days, subject to the possibility of canceling the affected Sales Agreement, after ineffective expiry of the aforementioned deadline and failure to remedy the deficiencies.
25. Refusal to conclude a Sales Agreement after making a Reservation or failure to supplement the deficiencies in accordance with par. 17 involves the obligation to pay a contractual penalty in the amount of PLN 500.
26. The implementation of the Sales Agreement shall commence immediately after successful completion of the supplier switching procedure under the terms of this Agreement and (if required) conclusion of the distribution agreement.
27. While the Participant uses the REO Platform, the Participant may conclude multiple Sales Agreements at the same time or following one after another.

V. LIABILITY

1. Reo.pl shall not be held liable for:
1. limited or complete inability to use the Reo.pl website or the REO Platform application by the Participant, due to technical problems or limitations in hardware, ICT system and/or telecommunications infrastructure used by the Participant,
2. inaccessibility, loss or disclosure of data or information provided by the Participant caused by hardware or system failure or by other circumstances beyond Reo.pl's control, including breach of security by third parties,
3. unavailability, loss or disclosure of data provided by the Participant on the Reo.pl website or the REO Platform because of Force Majeure,
4. authenticity, reliability and correctness of information and data provided by the Participant on the REO Platform, including in particular, the proposed volumes purchased or Goods sold,
5. damage caused by the actions or omissions of the Participant or third parties.
2. Reo.pl shall be responsible for its own actions and omissions or actions and omissions of persons with the help of whom Reo.pl provides services, as well as persons to whom Reo.pl entrusts these activities. Responsibility for potential damage shall be limited to the actual damage suffered, lost profits excluded, while Reo.pl's liability towards the Participant for the Participant's use of the REO Platform shall be limited to the amount of remuneration Reo.pl received from a given Participant as part of the conclusion of each Sales Agreement via the REO Platform from the date of this Agreement to the date of the event causing damage.
3. In terms of quality standards of service to the Participants and the functionality of the REO Platform, Reo.pl shall be obliged to:
1. accepting applications and complaints from the Participants,
2. provide the Participants, free of charge, with information on the rules of settlements,
3. consider applications or complaints submitted by the Participants regarding the functionality of the REO Platform, the implementation of Sales Agreements and settlements, respond, no later than within 14 days from the date of submitting applications or filing a complaint via the REO Platform or via e-mail to the following e-mail address: sprzedaz@reo.pl.
4. All applications and complaints should be submitted by the Participants using a dedicated function on the REO Platform, or in the form of an e-mail to the following address: sprzedaz@reo.pl.
5. Reo.pl shall promptly, but not later than within 14 (fourteen) days, consider applications and complaints and send a reply to the Participant's e-mail address.
6. In the event of failure to meet the quality standards of service rendered to the Participants, the Participant shall have the right to receive a discount in the amount and on the terms specified in generally applicable law, in particular in regulations or in the Sales Agreement concluded with the Participant.
7. If the application or complaint cannot be submitted via the REO Platform, the application or complaint should be submitted by the Participant immediately, in electronic or documentary form, via e-mail to the following e-mail address: sprzedaz@reo.pl, or via the contact form available on the REO Platform.

VI. FINAL PROVISIONS

1. All fees related to the handling and implementation of Sales Agreements concluded and to the use of the REO Platform by the Participant and due to Reo.pl are included in the list of margins, which forms an integral part of the Sales Agreement and shall be settled by the Parties as part of each Sales Agreement concluded.
2. All provisions regarding the GDPR, as well as the confidentiality of the data and information provided, are included in the Privacy Policy available at www.reo.pl.
3. Reo.pl has the right to temporarily stop or limit the use of the REO Platform on the website and in the mobile application in the event of failure, maintenance or modernisation. In the event of complete shutdown of the REO Platform, Reo.pl will publish an appropriate message on the website or in the application, or appropriate notifications will be sent to the Participants.
4. Information, trademarks and other data posted on the REO Platform shall be the property of Reo.pl or their owners who are Participants, and shall be placed with their consent and it is forbidden to copy, distribute or use for any advertising, promotional or other purposes without the consent of the owners.
5. The Regulations are valid from the date of being published on www.reo.pl.
6. The content of the Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Reo.pl website at www.reo.pl.
7. The Regulations may be changed unilaterally by Reo.pl. Reo.pl will inform about the content of the changes made in the Regulations by posting a message on the website www.reo.pl about the change made in the Regulations; the message shall be posted for at least 14 (fourteen) calendar days before the change comes into force.
8. The Regulations are the regulations referred to in Art. 8 par. 1 clause 1 of the Act of July 18, 2002 on the provision of electronic services (i.e. Journal of Laws of 2020, item 344).
9. The provisions of the Civil Code, the RES Act, the EP Act and other relevant legal provisions shall apply in matters not covered by these Regulations.
10.  The court having jurisdiction over the seat of Reo.pl shall be the court competent to resolve disputes arising from the sales contract.