Center
International Business
Regulations for the use of the Transactional
Service
1
These Terms and Conditions specify terms and conditions of usage of the Transactional Service, offered
by investment funds (jointly referred to as the Fund), managed by Union Investment Towarzystwo
Funduszy Inwestycyjnych Spółka Akcyjna (the Company), by persons joining the Fund or by Fund
participants. The list of funds offering Transactional Service can be found on the www.union-investment.pl
website.
II.
Union Investment Towarzystwo Funduszy Inwestycyjnych Spółka Akcyjna with its registered office in
Warsaw at ul. Polna 11, 00-633 Warsaw holds a license from the Securities and Exchange Commission
(currently: Polish Financial Supervision Authority) of 1 June 1995, decision No. KPW – 4073 – 1\95, for
creating and managing investment funds, including for brokering the sale and repurchase of shares, and
representing the funds in relations with third parties. The address of the Company’s website: www.unioninvestment.pl, telephone number: 22 449 04 77, fax: 22 449 04 76, email address: [email protected].
International Business
Center
I.
III. Usage of Transactional Service is only possible in the case of a Fund whose Statute provides for use of
such services.
IV.
V.
The use of the Transactional Service involves:
1.
access to information on the state of the Fund’s investments,
2.
placing Orders related to joining the Fund and repurchasing Fund’s Shares available as part of the
Transactional Service system services under these Regulations;
3.
giving Instructions related to open Registers kept for the User;
4.
giving Instructions related to the signed Agreement;
5.
receiving confirmations of sale, repurchase, exchange, switch or transfer of Shares, available as part
of the System service hereunder, and access to information on buying Shares and Orders executed
in the past.
Transactional Service system services are offered by the Fund through Distributors indicated by the Fund,
operating upon the Fund's order on the Internet platform made available by the Transfer Agent. The scope
of tasks performed by each of the Distributors shall be specified in these Terms and Conditions.
Definitions used in these Terms and Conditions:
Act – The Act on individual retirement accounts and individual retirement insurance accounts of 20 April 2004
(Journal of Laws [Dz.U.] of 2004 No. 116, item 1205, as amended).
Activation link – A link to a website dedicated to a given Customer and made available to it in order to activate
User access to Transactional Service.
Agreement – The agreement concluded with the Fund, concerning the use of Transactional Service in
accordance with the Terms and Conditions.
Client – A natural person, a legal person or an organisational unit without legal personality that signs an
Agreement for the provision of Transactional Service system services. A statutory representative of a natural
person or a representative authorised to act on behalf of a legal person or an organisational unit without legal
personality is also considered as a Client.
Company – Union Investment Towarzystwo Funduszy Inwestycyjnych S.A. with its registered office in Warsaw,
service provider within the meaning of the Act on providing services by electronic means of 18 July 2002
(consolidated text: Journal of Laws [Dz.U.] of 2013 item 1422).
Customer Service Point or CSP – The Distributor's customer service point, providing Customer service,
including Virtual Branch Union Investment TFI S.A.
Distributor – An entity that brokers the sale and repurchase of the Fund’s shares.
Fund – An investment fund managed by the Company.
ID – An alphanumerical code used for the purpose of User identification. The code is unique within
Transactional Service
IKE – Individual Pension Account, i.e. a separate entry in the register of members of the Fund, run by the Fund
for the Saving Entity under the terms of the Act and these Terms and Conditions;
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IKZE – Individual Pension Assurance Account, i.e. a separate entry in the register of members of the Fund, run
by the Fund for the Saving Entity under the terms of the Act, the Fund Statutes, the information prospectus,
and these Terms and Conditions.
Instruction – A declaration of will made by the Client in connection with membership in the Fund or related to
the concluded Agreement, other than an Order (e.g. change of the correspondence address, granting a power
of attorney).
One-Time Code – A numerical password required for the authorisation of a transaction in the Transactional
Service, sent to the User in an SMS message or included in the One-Time Code List. The password is for onetime use only, i.e. it can be used to authorise only one Order or Instruction.
One-Time Code List – A list of fifty One-Time Codes which the User receives to his/her correspondence
address.
Order – A declaration of will of a User aimed at changing the number of shares (e.g. purchase, repurchase,
conversion, switch).
Order with the deferred execution date – An order related to Participation Units placed via Transactional
Service sent for completion on the day specified by the User, i.e. which is placed on the day specified by the
User.
Password – An alphanumeric code coexisting with the ID for the purpose of User identification. Correct
provision of the ID and the Password results in identification in Transactional Service.
Participant – A natural person, a legal person or an organisational unit without legal personality that purchased
at least a part of the Fund’s share.
Register – An electronic register of the Participant's data, including the number and value of Units held by the
Participant.
Regulations – The present regulations laying down the rules for using the services of the Transactional
Service.
Service – The service of using the Transactional Service enabling a Participant to obtain information about the
Fund or about Transactions in the Fund and enabling the Participant to place Orders or give Instructions,
provided by electronic means within the meaning of the Act on providing services by electronic means of 18 July
2002 (consolidated text: Journal of Laws [Dz.U.] of 2013 item 1422).
Suitability Test – A test checking the suitability for investing in Participation Units of the Fund by the
Customer/Participant, taking into account their knowledge and experience in terms of investing in these financial
instruments. In accordance with the Regulation of the Minister of Finance of 3 April 2009 on entities operating
as the intermediary in the sale and redemption of participation units and participation entitlements (Journal of
Laws of 2009, No. 62, item 507), the Suitability Test is performed in order to answer the question if the investing
in Participation Units is suitable for the Customer/Participant.
Transaction – An Order or an Instruction.
Transactional Service / System – A system that enables Clients to fill in the Agreement, obtain information,
place Orders and give Instructions online.
Transfer Agent – An entity maintaining Register of Funds Participants and other duties favour of the Funds, on
the base of agreement concluded with Funds.
User – A person with an ID and a Password who is entitled under the Agreement to use the Transactional
Service.
Terms and expressions used in the Regulations other than those defined above should have the same
meaning as provided in the Articles and in the Prospectus.
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Chapter I
Acquiring and losing the User status
§1
Concluding the Agreement
I. Transactional Service shall be available exclusively to persons who have concluded the Agreement.
Conclusion of the Agreement shall enable the Participant to place Orders and Instructions with reference to
all current and future Participant's Registers in Funds offering usage of Transactional Service.
II. The prerequisite for activating Transactional Service system services is the conclusion of the Agreement.
The Agreement can be concluded:
1.
2.
III.
using the Transactional Service – according to the procedure specified in clauses III, only if all the
following conditions are met:

the client is a Polish citizen / has its registered office in the Republic of Poland,

the customer is a resident,

the customer is a holder of a plastic ID card, issued pursuant to the applicable provisions
of the law,

the customer's residence address is within the territory of the Republic of Poland,

the customer concludes the Agreement in the territory of the Republic of Poland

the client that is a legal person or an organisational unit without legal personality is not a
Participant of the Funds, or
through a Distributor – according to the procedure specified in clause V.
Concluding the Agreement in the Transactional Service using a bank transfer, provided that the Client’s
account is opened in a bank with its registered office in the Republic of Poland:
1.
In order to conclude the Agreement, the Client that is a natural person, a legal person or an
organisational unit without legal personality fills in the electronic form “Opening a register with
access to the Transactional Service” available on the website www.transakcje.union-investment.pl.
2.
The Client registers by entering data in appropriate registration forms, in particular the mobile phone
number (during the registration process, a one-time SMS code will be sent to the provided number,
which has to be entered in the registration form), data related to prevention of money laundering and
terrorist financing, data related to the Regulation of the Minister of Finance of 30 April 2013 on the
manner, procedure and conditions of activity conducted by investment fund companies (Journal of
Laws [Dz.U.] 2013 item 538) and by accepting the representations in accordance with
the guidelines provided in the System during the registration process. The identification data of a
Client that is a natural person include at least:
1) providing features of a document confirming, based on separate documents, the Client’s identity,
2) the Client’s first name, surname, address,
3) citizenship,
4) PESEL number or date of birth in the case of a person who does not have a PESEL number.
The identification data of a Client that is a legal person or an organisational unit without legal
personality include at least:
1) the KRS number, and the REGON or NIP number,
2) if the Client does not have a KRS number, only the REGON or NIP number,
3) the name of the legal person with the organisational form,
4) the registered office and the address,
5) the first name, surname and PESEL number of the representative of the legal person or, if the
representative does not have a PESEL number, his/her date of birth,
6) the representative’s address,
7) the number and series of the personal ID card.
3.
If the Client is already a Participant of the Fund and provides identification/address or other data that
are different from those registered in the data base, clarification of such discrepancies will be
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requested immediately. For the Agreement to be concluded, the data provided by the Client needs to
be consistent with the data in the system of the Transfer Agent.
4.
If the User purchases shares at the time of registering in the Transactional Service, the declared
value of the first payment should also be indicated, and the bank account from which such payment
will be made has to be a personal account of the User, has to be identical to the account declared by
the User in the registration form and has to be maintained with a bank with a registered office in the
Republic of Poland.
a) During the registration process, a user that is a natural person will receive a unique identification
number, which has to be provided in the transfer title next to the first name and surname (or
name of the entity that is not a natural person). In such a case, the user will be given access to
the System after making the transfer and after the Transfer Agent has verified the data indicated
during the registration process against the data provided in the transfer title. In case of
discrepancy between the data provided in the form “Opening a register with access to the
Transactional Service” and the data provided in the transfer title, the Agreement will not be
concluded, and the Client will be notified thereof with an email message sent to the email
address provided in the form. In such a case, the funds transferred to the subfund account will
be returned to the Client’s account indicated in the Agreement.
b) During the registration process, a User that is a legal person or an organisational unit without
legal personality will receive a unique identification number, which has to be provided in the
transfer title next to the name of the legal person/organisational unit. In such a case, the User
will be given access to the Transactional Service after making the transfer and after the Transfer
Agent has verified the data indicated during the registration process against the data provided in
the transfer title. The Transfer Agent will perform an additional check to verify the data provided
in the form against information corresponding to the current extract from the register of
entrepreneurs, downloaded from the search engine for entities registered in the National Court
Register available on the website of the Ministry of Justice (hereinafter “KRS online”) or in the
Central Registration and Information on Business (CEiDG). In case of discrepancy between the
data provided in the form “Opening a register with access to the Transactional Service” and the
data provided in the transfer title or data from KRS online or CEiDG, the Agreement will not be
concluded. The Client will be notified thereof with an email message sent to the email address
provided in the form. In such a case, the funds transferred to the subfund account will be
returned to the Client’s account indicated in the Agreement.
5.
The functionality of the system, subject to the above provisions, will be blocked until the full activation
of the service.
6.
If the above conditions are met:
a) in the case of natural persons, an activation link will be sent to the email address, redirecting the
Client to a personalised page where he/she will be asked to define the ID, and the Password as
well as enter a One-Time Code (sent to the phone number provided by User in the electronic
form “opening a register with access to the Transactional Service”). Sending the Activation link
referred to in the previous sentence is tantamount to concluding the Agreement.
b) in the case of legal persons, an activation link will be sent to the email address of each
Representative, redirecting the Client to a personalised page where he/she will be asked to enter
the ID and the Password, which will be sent by post to the address provided during the
registration process. Sending the Activation link referred to in the previous sentence is
tantamount to concluding the Agreement.
7.
The above service is not available to Participants who are natural persons without full legal capacity.
8.
The policy of classifying Clients in Union Investment TFI S.A. is published on the website www.unioninvestment.pl. By default, each Client concluding an Agreement via the Transactional Service using a
bank transfer is assigned the Retail Client category. The Client may apply to Transfer Agent to have
his/her Client category changed to Professional or Retail Client.
IV.
(deleted)
V.
Agreements concluded through Distributors, who are authorised by the Fund to sign Agreements on behalf
of the Fund, are concluded according to the following procedure:
1.
The Distributor’s employee fills in the Agreement form with the required data in the Client’s presence
and provides the Client with the Regulations,
5
VI.
2.
The Client provides in the Agreement the bank account number to which funds from a share
repurchase Order will be transferred, and a mobile phone number to which SMS messages with OneTime Codes will be sent if the SMS code authorisation method was selected. If a paper One-Time
Code List is selected as the authorisation method, the client will receive a letter with the abovementioned One-Time Code List to the correspondence address provided in the Agreement.
3.
One counterpart of the Agreement, filled-in and confirmed by the Distributor’s employee,
is sent to the Transfer Agent together with all the required documents.
4.
After verifying the completeness and correctness (consistency of the data in the submitted documents
with the data contained in the Agreement form) of the Agreement, the Transfer Agent makes the
Service available by sending to the Client an Activation link to the Client to the email address
provided by the Client in the Agreement, as well as the ID, the User Password and One-Time Code
List (only if a One-Time Code List was selected as the authorisation method) to the correspondence
address indicated in the Agreement. Sending the Activation Link referred to in the previous sentence
is tantamount to concluding the Agreement.
The Client may, under an IKE (Individual Pension Account) Agreement, change the allocation of funds in
the individual IKE variant or change variants in accordance with the Regulations of Running Individual
Pension Accounts, as valid from time to time.
VII. The Client may, under an IKZE (Individual Pension Insurance Account) Agreement, change the allocation
of funds in the individual IKZE variant or change variants in accordance with the Regulations of Running
Individual Pension Insurance Accounts, as valid from time to time.
VIII. Each Client may conclude only one Agreement for the use of the Transactional Service.
IX.
Each Client may place an Order with a deferred execution date.
X.
The Client may place an Order with a deferred execution date broken down by types: repurchases,
conversions, switches.
XI.
In the case of Users who want to open Registers co-owned by spouses (Shared Spouse Registers), each
spouse needs to sign a separate Agreement.
XII. Only natural persons who are 18 years old or older and who have full legal capacity may be Users of the
Transactional Service.
XIII. The Client may not appoint an attorney to perform activities in the Transactional Service except for legal
persons or organisational units without legal personality, which indicate representatives to act on their
behalf.
XIV. Attorneys appointed to perform activities on Registers kept in the Fund are not entitled to
conclude the Agreement or to place orders or give instructions in the Transactional Service.
XV. The Client may, when concluding an agreement through Distributors or during the term of the Agreement,
indicate (provide) the number of the attorney’s bank account to which funds from share repurchase will be
transferred, provided that the power of attorney was granted personally by the Participant at a Customer
Service Point.
XVI. Concluding
the
Agreement
through
a
Distributor
is
not
tantamount
to the Client’s making a declaration of will to the Funds concerning the Client’s membership in the Funds.
§2
Agreement termination
I.
The Client may terminate the Agreement at any time by giving an Agreement Termination Instruction or
submitting a declaration of will of the Client to the Transfer Agent through a Distributor. The Agreement is
terminated within 2 days of the Transfer Agent’s receipt of the Client’s declaration on such termination.
II.
The Fund may terminate the Agreement at any time, and in particular if:
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1.
the User flagrantly breaches the provisions of the Agreement or Regulations, despite having been
requested to cease such breach,
2.
the User no longer meets the conditions necessary for him/her to remain a User of the Transactional
Service,
3.
the Transactional Service platform is closed,
4.
there is a reasonable suspicion that the User’s funds are of criminal origin or are related to a crime,
i.e. prevention of money laundering.
III.
The Agreement is also terminated upon the Fund’s receiving information on the Client’s death,
and in the case of legal persons and organisational units without legal personality
– on the day on which they are deleted from the relevant register.
IV.
Agreement termination does not change the relationship between the Client and the Fund. In particular, the
Shares purchased by the Client in the Fund remain in the Client’s Register.
§3
Withdrawal from the Agreement
The Client may withdraw from the Agreement within 14 days of its conclusion. An employee of the Distributor or
the Company informs a Client who is a natural person about the right to withdraw from the Agreement without
providing the reason, informs him/her that in order to withdraw from the Agreement it is necessary to submit an
appropriate statement in writing within 14 days of concluding the Agreement and provides the Client with a
template of such a statement constituting an appendix to the Agreement.
Chapter II
Terms of use of the Service
§4
General rules for placing Orders and giving Instructions using the Transactional Service
I.
The Transactional Service may be used only for the purposes specified in these Regulations. It is
prohibited for the Client to submit illegal content.
II.
The Service is activated online by the Client using the Activation Link, depending on form of the Agreement
conclusion (referred in § 1 par II), in a manner referred in §1 par III point 6 or par V point 4 of the
Regulations. The Activation Link is valid for 21 days following the day on which it is sent to the Client. If the
Client fails to activate the Service within this time, the activation link becomes invalid, and the Client is
obliged to request the Transfer Agent (e.g. by calling 22 58 81 851) to send a new activation link.
III.
After the activation, access to the Transactional Service is possible only after logging in, following correct
identification of the User based on the ID and Password. The log-in procedure is as follows:
IV.
V.
1.
The User clicks the link to the log-in page.
2.
On the log-in page, the User enters the valid ID and Password assigned to the User and confirms
their entry.
Placing Orders and giving Instructions is possible after the User has logged in to the Transaction Service.
Each Order or Instruction has to be authorised in the following manner:
1.
After entering the parameters of the Order or Instruction, the User is asked to authorise the Order or
Instruction.
2.
The User enters a One-Time Code from a valid One-Time Code List or an SMS code in the
appropriate field – depending on the authorisation method chosen previously. In the case of legal
persons or organisational units without legal personality, the Order or the Instruction has to be
authorised jointly by at least two Representatives.
A new One-Time Code List may be ordered by giving a One-Time Code List order Instruction in the
Transactional Service or by calling 22 58 81 851. A new One-Time Code List is activated in the System
using the last valid One-Time Code from the previous One-Time Code List and the first One-Time Code
from the new One-Time Code List. If the Client has used all the One-Time Codes from the One-Time Code
List or lost the One-Time Code List, the new One-Time Code List is activated using the first Code from the
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new One-Time Code List and an auxiliary question registered at the time of concluding the Agreement or
activating the Service (if such question was defined).
VI.
The User is obliged to make sure that all Orders placed or Instructions given in the Transactional Service
are correct and compliant with his/her intention.
VII. An Order placed in the Transactional Service is considered to be an order placed on the sole initiative of
the User.
VIII. Before placing a purchase Order or a conversion/switching order, the User should fill in a Suitability Test.
IX.
Orders
placed
by
the
User
using
the
Transactional
Service
but
not
authorised using a One-Time Code received by SMS or a One-Time Code from a valid One-Time Code
List will be automatically rejected for a period of 3 months.
X.
Before placing an Order, the User/Participant is obliged, at the Fund’s request, to answer questions
required under the Act on prevention of money-laundering and terrorist financing. Failure to answer the
questions may result in a refusal to execute the Order.
§5
Security
I.
The User is obliged to protect the ID and the Password against disclosure to third parties.
I a. Account log-in data should not be stored in explicit form in a place from which it can be easily stolen or
disclosed.
I b. The User is obliged to report any suspected ID or password disclosure immediately to the Transfer Agent at
22-588-18-51.
I c. When logging in on the website, the user should verify if the URL entered in the browser is correct and if it
starts with https://.
I d. After clicking the lock sign in the address bar, the name of the institution for which the certificate was
issued should appear:
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I e. The User should update his/her operating system and software regularly.
I f. The User should use antivirus software both on the computer and on mobile devices (smartphones, tablets)
used for accessing the Transactional Service.
I g. Physical access control should be ensured for devices used for accessing the Transactional Service.
I h. A personal firewall should be used (supported Windows systems have a built-in firewall, in such a case the
User should verify if it is on).
I i.
When accessing the Transactional Service, the User should not use untrusted Wi-Fi networks, e.g.
unsecured hotspots, Wi-Fi networks available in shopping centres and hotels.
I j. “Remember password” and autocomplete functionalities in the browser should be avoided.
II.
The Service is activated after the User has been identified in an unambiguous manner using the ID,
Password and One-Time Code in the manner described in § 4 of the Regulations.
III.
Following the activation, the Service can be accessed only after the User has been identified in an
unambiguous manner in the manner described in § 4 of the Regulations.
IV.
Any irregularities during the process of logging in to the Transactional Service or in the operation of the
System should be reported immediately by the User to the Transfer Agent by calling 22-588-18-51 from
Monday to Friday between 8:30 am and 5:00 pm and/or by sending an email message to [email protected].
V.
Each One-Time Code for authorising Transactions is assigned to a given User.
VI.
The User may not take any actions that may expose the Transactional Service to the risk of malfunction,
interfere in the System in any way or enter illegal content to the System.
VII. After entering an incorrect ID, Password or One-Time Code for three times, access to the functionalities of
the Transactional Service is blocked temporarily for 24 hours.
VII a. Access can be unlocked using the password recovery mechanism (providing the email address or account
login is required).
VII b. To use the Service, it is necessary to have a computer device with access to the Internet and an Internet
browser supporting SSL 2.0 encryption protocols or latest, e.g. the latest versions of Internet Explorer,
Chrome, Firefox, Safari browsers.
VIII. The Company reserves the right to block the User’s access to the Transactional Service or refuse to
accept an Order or Instruction if it finds that the provisions of these Regulations or applicable legal
provisions have been breached.
IX. (deleted)
X.
If the User loses the Password, he/she should click the link “click here if you forgot the password” on the
log-in page for the Transactional Service, where he/she can provide his/her ID or email address. On this
basis an email message is sent to the User containing the ID and an activation link to a web page where
the User can change his/her Password. The User has to provide a One-Time Code or answer an auxiliary
question registered at the time of concluding the Agreement or activating the Service (if such question was
defined). After entering the correct data, a web page is displayed enabling the User to change the
Password.
XI. The Client may deactivate the One-Time Code List in the Transactional Service at any time. The One-Time
Code List is deactivated using a One-Time Code from such One-Time Code List, and if the Client lost the
One-Time Code List, the One-Time Code List is deactivated using an auxiliary question registered at the
time of concluding the Agreement or activating the Service (if such question was defined).
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XII. A new (paper) One-Time Code List is activated by the User by:
1.
providing the last One-Time Code from the active One-Time Code List and the first One-Time Code
from such List – if, at the time of placing an Order or giving an Instruction, the last but one One-Time
Code from the active One-Time Code List is used.
2.
selecting the option “One-Time Code List activation” in the Instructions section in the Transactional
Service system service module and indicating the number of the One-Time Code List to be activated
– if the User does not have an active One-Time Code List (previous One-Time Code Lists have been
deactivated, stolen or lost). The indicated One-Time Code List is activated after the correct answer is
given to an auxiliary question registered at the time of activating the Agreement (if such question was
defined).
XIII. If the Client uses the SMS code authorisation method and gives an Instruction to change the authorisation
method to a (paper) One-Time Code List, the Transfer Agent will send a new (paper) One-Time Code List
to the Client. The SMS authorisation method will be disabled at the moment the Transfer Agent executes
the Instruction to change the authorisation method.
§6
Information part of the Transactional Service
I.
The user may, on terms provided for in the Regulations, obtain access to information published in the
Transactional Service, in particular the User may, as part of the System, obtain information on the state of
the register(s).
II.
The Company will make its best effort to ensure that all information published or displayed in the
Transactional Service is true.
III.
Information available through the Transactional Service may be changed and updated from time to time.
IV.
Information available through the Transactional Service cannot be considered as any recommendations,
neither can it be interpreted as investment or financial advice within the meaning of the Investment Fund
Act of 27 May 2004 (Journal of Laws [Dz.U.] No 146, item 1546, as amended).
V.
Information available through the Transactional Service may not be a basis for taking any investment
decisions. Information available through the System do not constitute an offer to provide services or an
offer to sell any products. This information is not, under any circumstances, an offer to buy/sell securities or
other financial instruments.
VI.
The Company is not liable for the contents of the websites with which the Transactional Service
is connected.
§7
Orders and Instructions connected with membership in the Funds
I.
As part of the Service, the User may place the following Orders or give the following Instructions
concerning the Funds:
1) Order to open a Register,
2) Order to purchase Participation Units,
3) Order to switch Participation Units between sub-funds,
4) Order to switch Participation Units between Funds,
5) Order to redeem Participation Units,
6) Instruction to change the correspondence address,
7) Instruction to block the Register,
8) Instruction to revoke the blockade of the Register,
9) Instruction to revoke the power of attorney,
10) Instruction to terminate the Agreement,
10 10
11)
12)
13)
14)
15)
16)
17)
18)
19)
20)
21)
22)
23)
24)
25)
Instruction to order a List of One-Time Codes,
Instruction to activate the List of One-Time Codes,
Instruction to deactivate the List of One-Time Codes,
Instruction to change the authorisation method to One-Time-Codes,
Instruction to change the authorisation method to SMS,
Instruction for complaint,
Instruction for blockade of dispatch of transaction confirmations for regular registers,
Instruction to revoke blockade of dispatch of transaction confirmations for regular registers.
Instruction to change the allocation of investment in the IKE individual option
Instruction to change options in IKE
Instruction to change the allocation of investment in the IKZE individual option
Instruction to change options in IKZE
Instruction to change the manner of confirmation delivery
Concluding an IKE / IKZE Agreement,
Submitting a statement on the US taxpayer status (FATCA).
II.
Transaction confirmations may be delivered in the form of an ordinary letter or electronically
III.
As part of the service of the Transactional Service, the User may change his/her correspondence address.
The email address for electronic confirmations may be changed only by submitting a written statement to
any Distributor’s site.
IV.
An Instruction to change the authorisation method, change the telephone number used for receiving SMS
messages, unlock the telephone number used for receiving SMS messages is possible only by submitting
a written statement to any Distributor’s site.
V.
Placing an Order or giving an Instruction using the Transactional Service is not tantamount to its execution.
An Order or Instruction is executed in accordance with the prospectus of the given Fund.
VI.
It is assumed that Orders were placed or Instructions were given by the User in the Transactional Service if
they were confirmed and authorised correctly.
VII. The User may cancel an Order or an Instruction before it is authorised. An Order or an Instruction that has
already been authorised may not be cancelled.
VIII. A change in the payment instruction results in changing the bank account to which funds from repurchase
resulting from orders placed hereunder will be transferred and may be performed only by submitting to the
Fund’s Customer Service Point an instruction to change the data in the shareholder’s account with an
annotation that this relates to a payment instruction to the Transactional Service. When changing the
payment instruction, a new bank account number should be provided. A change in the payment instruction
does not result in changing other identification data.
IX.
The changes referred to in clause 7 above do not result in corresponding changes in the Fund’s
shareholder register, just like a change in the shareholder’s data in the register does not affect the data
stored in the Transactional Service.
§8
Complaint procedure
Complaints concerning Services provided by the Company can be submitted personally at customer service
points, by telephone, via the Transactional Service or in writing to the address: ProService Agent Transferowy
Sp. z o.o, ul. Puławska 436, 02-801 Warsaw, tel. (22) 588 18 51. A complaint should contain the shareholder’s
data and a description of the subject of the complaint. The Transfer Agent examines complaints concerning the
provision of services under these Regulations within 30 days. If the complaint examination deadline is extended,
a relevant information is sent to the user’s correspondence address, specifying the reason and the expected
date of completing the complaint examination process (which should not be longer than 60 days).
11
§9
Fees and commissions
I.
The Company does not charge the User any fees for using the Transactional Service.
II.
The User pays the fees and commissions due to the Fund for the execution of Orders or Instructions, fixed
in accordance with the Articles and other provisions regulating the operation of the given Fund.
III.
The applicable fees related to membership in the Fund are specified in the Tables of Fees available on the
website www.union-investment.pl
Chapter III
Final provisions
§10
Other provisions
I.
Except as provided for by applicable legal provisions, neither the Company nor the Transfer Agent are
liable for damage related in any manner to:
1.- 4. (deleted)
5.
a consequence of the activity of legislative, executive or judicial authorities, in particular a
consequence of changes in laws applicable on the date of concluding the Agreement that prevent
correct performance of contractual obligations;
6.
the User’s breach of the provisions of the Regulations or of the Agreement;
7.
Force Majeure, understood as extraordinary events that are unforeseeable or that cannot be
prevented, as well as third-party activities;
8.
refusal to accept an Order, Instruction or any other information in cases specified in clause 3 below.
II.
The Transfer Agent is not liable for the execution of a Transaction in a manner compliant with its content
and the Funds’ prospects.
III.
The Company may refuse to accept an Order, Instruction or other declarations of will in cases specified
above or if the Client does not provide information required under the Act of 16 November 2000 on
prevention of money-laundering and terrorist financing.
IV.
The controller of the Clients’ personal data obtained in connection with the operation of the Transactional
Service is Union Investment Towarzystwo Funduszy Inwestycyjnych S.A. with its registered office in
Warsaw, ul. Polna 11, 00-633 Warsaw. The data is collected to enable placing Orders, giving Instructions
and making declarations of will, as well as accessing information on the state of accounts using the
System
and to meet the obligation resulting from the Regulation of the Minister of Finance of 30 April 2013 on the
manner, procedure and conditions of activity conducted by investment fund companies (Journal of Laws
[Dz.U.] of 2013 item 538).
V.
Persons whose personal data is processed by the Company are entitled to access and correct their data in
accordance with Article 32 of the Personal Data Protection Act of 29 August 1997 (Journal of Laws [Dz.U.]
of 2014, item 1182, as amended).
VI.
To use the Service, it is necessary to have a computer device with access to the Internet and a browser
supporting SSL 2.0 encryption protocols or latest, e.g. the latest versions of Internet Explorer, Chrome,
Firefox, Safari browsers.
VII. In matters concerning membership in the Fund, the provisions of the Fund’s Articles or prospectus or
relevant provisions of generally applicable Polish law apply.
VIII. Any disputes between the Company and the user concerning the Transactional Service will be settled by
the competent common court. The Participant may also apply to the Polish Financial Supervision Authority
(KNF) to have the dispute resolved by the KNF Arbitration Court.
12 12
IX.
All orders placed, instructions given or declarations made by users in the System are stored on electronic
data carriers as evidence.
X.
The language used in relations between the users and the Company is Polish.
§11
Amendments to the Regulations
I.
The Regulations are
www.union-investment.pl.
published
in
the
Transactional
Service
and
on
the
website
II.
Amendments to the Regulations come into effect on the day on which they are published on the website
www.union-investment.pl, subject to clause III of this section.
III.
The User may submit a statement on giving up the services of the Transactional Service within 14 days of
the date of announcing amendments to the Regulations according to the procedure provided for in §3 of
these Regulations.
13
Appendix 1
I.
II.
Right to withdraw from the agreement
1)
The Client is entitled to withdraw from this Agreement within 14 days without providing any reason.
This deadline expires 14 days after the date of concluding the Agreement or amending the
Regulations.
2)
In order to use the right to withdraw from the Agreement, the Client has to notify the Company of
his/her decision to withdraw from this agreement by making an explicit statement (e.g. a letter sent by
post, fax or electronic mail).
3)
The Client may use the Agreement withdrawal form but this is not obligatory.
4)
To meet the deadline for withdrawing from the Agreement it is sufficient that the Client sends
information concerning the exercise of his/her right to withdraw from the Agreement before the lapse
of the agreement withdrawal deadline.
Consequences of withdrawal from the agreement
1)
The consequence of withdrawal from the Agreement is that the Service will not be provided to the
Client. As the Client is not charged on any costs of Services provided under this Agreement, the
provisions on returning payments to the Client do not apply.
2)
The client does not obtain any object or incur any costs in connection with the conclusion of the
agreement.
MODEL AGREEMENT WITHDRAWAL FORM
(this form should be filled in and sent back only if you want to withdraw from the agreement)
………………………………………..
(place, date)
…………………………………………………………………….
(Client’s name)
…………………………………………………………………….
(Client’s address)
Union Investment Towarzystwo Funduszy Inwestycyjnych SA
ul. Polna 11, 00-633 Warsaw
email: [email protected]
I hereby declare my withdrawal from the Agreement for the provision of Transactional Service system
services concluded on ………………………………
(date of concluding the agreement)
………………………………………………………………………………….
Signature of the Client/Representative (only if the form is sent in hard copy)
14 14