DEFINITIONS
When used in these Terms of Use, the following terms shall have the meanings defined below:
1. Terms of Use means these Terms of Use for the website at the following address www.tge.pl;
2. Website means the website at the following address www.tge.pl, organised, operated and maintained by TGE, which contains information about the activities of TGE;
3. Website Map means the description of all elements on the Website, available at: https://tge.pl/mapa-strony;
4. TGE means Towarowa Giełda Energii S.A. (Polish Power Exchange) with its registered office in Warsaw, address: 4 Książęca St, 00- Warsawa, Poland, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, under number KRS 0000030144, tax identification number (NIP): 527-22-66-714, e-mail: tge@tge.pl;
5. User means a natural person, a natural person operating as a sole-proprietor of a business, a legal person or an organisational unit which is not a legal person but has legal capacity under specific regulations, in each case using the Website (at: www.tge.pl) and interested in the activities of TGE;
6. Technical Requirements means the minimum technical requirements to be met by the User in order to use the Website, i.e.:
a) a personal computer, laptop or other multimedia device with Internet access;
b) access to an up-to-date web browser, including but not limited to: Mozilla, Internet Explorer, Opera, Google Chrome, Safari;
7. Authorisations means in particular the decision of the Polish Securities and Exchange Commission of 16 December 2003, ref. no.: KPWiG/DNR/500/1/03/4624 authorising TGE to operate a commodity exchange, as disclosed on the Website, as well as other administrative decisions, documents and internal regulations of TGE required under generally applicable laws and regulations, on the basis of which TGE conducts its operations;
8. TGE IT system(s) means:
a) SAPRI TRADE;
b) X-Stream Trading;
c) M7 (ComTrader and WebGUI);
where the overview of these systems is published at: https://tge.pl/systemy-informatyczne, and the detailed terms and conditions of access and use at: https://tge.pl/dostep-do-systemow-informatycznych;
9. User of the TGE IT System(s) means an entity that has fulfilled all the conditions stipulated for entities that may be users of the TGE IT Systems, as set out in the relevant TGE regulations applicable to a given area of TGE’s activity, published at: https://tge.pl/dostep-do-systemow-informatycznych;
10. RRM (Registered Reporting Mechanism) means the reporting service provided by TGE through the TGE RRM platform to fulfil the obligations under Article 8 of Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency ("REMIT"), as detailed at: https://tge.pl/rrm-tge;
11. TGE Registers means the following registers organised, maintained and operated by TGE:
a) Certificates of Origin Register (COR) for which the detailed conditions of access and use can be found at: https://tge.pl/rejestr-swiadectw-pochodzenia;
b) Guarantees of Origin Register (GOR) for which the detailed conditions of access and use can be found at :https://tge.pl/rejestr-gwarancji-pochodzenia;
12. TGE Information Services means a TGE’s tailor-made offer addressed in particular to the participants of the commodity and financial markets, such as:
a) energy companies, trading companies, customers entitled to use transmission services, operating on the electricity, gas and other markets operated by TGE;
b) brokerage houses and financial institutions;
c) companies of the electricity generation sector;
d) news agencies, industry portals;
e) companies involved in professional data analysis and forecasting;
concerning the provision, against payment, of, inter alia, real-time data offered through the Warsaw Stock Exchange (Giełda Papierów Wartościowych w Warszawie S.A . ) data available on the “Analyses, Information, Reports” platform (AIR Platform) specified at: https://tge.pl/uslugi-tge;
13. TGE markets means the following markets on which trading is organised:
a) Commodity Market (CM);
b) Organised Trading Facility (OTF);
c) Financial Instruments Market (FIM).
14. TGE’s Public Market Data means exchange information concerning prices and volumes of commodities and instruments quoted on the TGE Markets, made publicly available by TGE on the Website, including:
a) publicly available data published on the Website, including in particular any the publication of which is legally required, indices, historical data, daily prices, including TGE’s Public Market Data for Dynamic Price Contracts;
b) data provided by the Transparency Platform (GPI) presenting a wide range of information on the power system in Poland, as described in detail at: https://gpi.tge.pl/web/gpi;
15. TGE’s Public Market Data for Dynamic Price Contracts means market information related to the day-ahead and intraday electricity markets published by TGE on the Website according to the obligation under Article 5(4i) of the Energy Law Act of 10 April 1997 (effective from 24 August 2024).
GENERAL PROVISIONS
§ 1
1. The content of the Website is intended for Users interested in the activities of TGE. By proceeding to use the Website, including any content published therein (or made available through it), the User acknowledges and agrees to comply with the provisions of these Terms of Use.
2. The Terms of Use do not exclude the application of the TGE Privacy Policy available at: https://tge.pl/polityka-prywatnosci nor does it exclude the application of the TGE Cookie Policy available at: https://tge.pl/polityka-cookies.
3. The content of the Website, in particular the TGE’s Public Market Data, subject to section 3a, is provided exclusively for personal use and information purposes and is of a general nature only; it does not take into account any individual circumstances, may not be updated and does not constitute investment advice; it may be changed, withdrawn, modified, etc. by TGE at any time and without prior notice. In the event of misuse by the User of any content of the Website, or of the TGE IT Systems supporting it, the relevant legal provisions shall apply.
3a. The TGE’s Public Market Data for Dynamic Price Contracts are published on the Website to enable the entry into and performance of dynamic price contracts by the Users. The data referred to in the preceding sentence are provided for information purposes only and do not constitute advice. Furthermore, the data may be subject to change or modification by TGE in accordance with the regulations of specific markets making part of the Commodity Market (CM), in particular as to the form or times of publication.
4. TGE makes no guarantees (whether explicit or implicit) as to the accuracy, correctness, reliability, completeness or timeliness of the content published on the Website. Furthermore, TGE shall not be obliged to remove any obsolete content from the Website or to explicitly label such content as such.
5. These Terms of Use shall also apply, mutatis mutandis, when the TGE’s content was acquired from a different source than the Website. Whenever these Terms of Use refer to content “published on” the Website, this shall also mean the content that is transmitted and/or uploaded directly or via the Website.
6. The use of the Website and the access to these Terms of Use by the User shall be free of charge.
§ 2
1. All content published on or transmitted through the Website, or uploaded or transmitted by the User to TGE shall be, in principle, transmitted over an open network (Internet) using the https encrypted protocol.
2. When third-party websites contain hyperlinks to the Website, TGE shall not be liable for the content of such hyperlink or for any third-party offers made via such hyperlink.
3. Nothing contained on the Website or in these Terms of Use shall be deemed to be an offer to buy or sell any product or an offer to provide any service. The content published on the Website or in these Terms of Use do not constitute any offer, invitation or recommendation to buy or sell investment products, or to take part in any other transactions.
4. TGE shall not be liable for the completeness or correctness of the content of the Website, or for any losses resulting from actions taken on the basis of the content contained therein or in other TGE publications.
5. TGE reserves the right to change, under the terms of the relevant TGE regulations, the prices or composition of any products or services it offers, if any.
SERVICES/ACTIVITY OF TGE
§ 3
1. TGE operates a commodity exchange in accordance with the Act of 26 October 2000 on Commodity Exchanges. TGE emphasises that exchange market transactions involve risks, including the possibility capital loss.
2. TGE does not provide advice or consultancy services in respect of exchange market transactions. Before making any investment decision, the User should not rely on the content of the Website as a basis for its investment decisions, as it is only of a general nature.
3. In addition to the TGE IT Systems, the RRM, the TGE Registers and the TGE Information Services for specifically identified entities, TGE organises trading on the TGE Markets in accordance with the adopted and detailed regulations disclosed on the Website.
4. These Terms of Use do not exclude or limit the activities of TGE conducted on the basis of the Authorisations and generally applicable laws.
RULES FOR THE USE OF THE WEBSITE
§ 4
1. In order to use the Website correctly, the User must comply with the Technical Requirements and be aware of the risks of using the Internet and secure his/her device with basic technical security measures (e.g. anti-virus software).
2. The User making use of the content published on the Website, in particular the TGE’s Public Market Data, shall be obliged to maintain the content designation adopted by TGE and inform about the origin of such data indicating the Website as the original source of publication.
3. The use of the content published on the Website, in particular the TGE’s Public Market Data for any purposes and uses other than those specified in these Terms of Use, including specifically section 1.3 or 1.3a hereof, such as: creating, applying and clearing futures, financial or derivative instruments, or using TGE’s databases, including the creation of indices, shall be subject to the conclusion of a separate agreement with TGE.
3a. TGE shall not be liable in the situations referred to in section 2.4 of these Terms of Use. TGE shall not be responsible for the manner, scope and purpose of the use of the TGS’s Public Market Data by the User, in particular for its use for purposes other than the sale of electricity under a dynamic electricity price contract. TGE thereby disclaims any liability to the fullest extent permitted by the applicable regulations.
4. The use of the content published on the Website, in particular of the TGE’s Public Market Data in contravention of these Terms of Use may constitute a breach of generally applicable laws and TGE’s rights.
5. TGE shall have the right to demand that the User of the content published on the Website, in particular of the TGE’s Public Market Data, corrects or rectifies any distorted or inaccurate content.
6. It is the responsibility of the User to conform to the laws and regulatory requirements in the relevant jurisdiction. If necessary, the User should seek expert advice on specific cases, indices, reports, opinions, advice or other content.
(INTELLECTUAL) PROPERTY LAW AND COPYRIGHT
§ 5
1. The copyright and all other proprietary rights (including intellectual property rights) in the content published on the Website, in particular the TGE’s Public Market Data, including but not limited to software, audio and video material, text and photographs/images, belong to TGE or its licensors.
2. Unless otherwise agreed on the basis of a separate agreement with TGE, the content published on the Website, in particular the TGE’s Public Market Data, may be reproduced or disseminated in unaltered form only for the purposes and use indicated in these Terms of Use, in particular section 1.3 hereof, provided that any copies contain a TGE’s copyright provision and an appropriate legal disclaimer in this respect.
3. Any other use of the content published on the Website, , in particular of the TGE’s Public Market Data, other than for the purposes and use indicated in these Terms of USE, in particular in section 1.3 or section 1.3a hereof, including, but not limited to, distribution, reproduction, modification, display or transmission, is unacceptable and constitutes an infringement of TGE’s rights, unless otherwise agreed in a separate and agreement with TGE providing for remuneration. All reproductions must contain all relevant information on the copyright and property rights (including intellectual property rights).
4. In addition to the above rights to the content published on the Website, in particular to the TGE’s Public Market Data, unless generally applicable laws provide otherwise, TGE reserves that:
a) the designations of the market indices published on the Website constitute trademarks within the meaning of the Industrial Property Law Act of 30 June 2000 and are the property of TGE;
b) the commodity indices published on the Website are subject to copyright of TGE and are protected under the Act of 4 February 1994 on copyright and related rights;
c) the TGE’s market data as well as specifications and data summaries published on or made available through the Website constitute proprietary databases of TGE protected under the Act of 27 July 2001 on the protection of databases;
FINAL PROVISIONS
§ 6
1. TGE reserves the right to amend these Terms of Use at any time at its own discretion and in accordance with generally applicable laws, such amendments to be effective upon their publication on the Website.
2. Any disputes arising from a breach of these Terms of Use shall be subject to Polish law and the jurisdiction of Polish courts.
3. The Website is not intended for the publication or dissemination of content or information to any person in any jurisdiction where such action would constitute a violation of applicable laws.
4. TGE disclaims, to the fullest extent permitted by law, all liability for loss or damage, direct, indirect or consequential (including, without limitation, loss suffered as a result of a breach of these Terms of Use, lost profits) arising from the use/inability to use or misuse of the Website, or from any content or omissions on the Website.
5. If any of the individual provisions of these Terms of Use are or become invalid in whole or in part, this will not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that reflects, to the extent possible, the meaning and purpose of the invalid provision. The same shall apply to any omissions.
6. These Terms of Use do not exclude generally applicable laws or internal regulations of TGE relating to its activity.