Terms of Service
As of February 15th, 2023 the change of numbering with regard to points 2 (Definitions), 2 (The Service), 3 (Accounts), 4 (Annoucements), 5 (The rights and liability of the Administrator), 6 (Personal Data Protection), and 7 (Final Provisions) of editorial nature shall be effected.
1.
Introduction
These Terms of Service stipulate the terms of use of the Service.
2.
Definitions
1.1.
In these Terms of Service the capitalized expressions shall have the following meanings:
a)
Service - a web service located at the address https://mapawynajmu.pl.
b)
Administrator - Warsaw Digital Sp. z o.o., with its registered office in Warsaw at Twarda 18 St., 00-105 Warsaw, registered in the register of entrepreneurs held by the District Court for the capital city of Warsaw, XII Commercial Division of the National Court Register, under the KRS number 0000735294, with the share capital of 20,000.00 PLN, fully paid, with REGON number 380529016, and NIP number 5252753799.
c)
Announcement - a record in the Service's database containing data regarding a given real estate, which, upon meeting specified conditions, is tenably publicly available within the Service to all Visitors.
d)
Account - an Agreement between the Administrator and a given entity and a corresponding record in the Service's database, which enable that entity, upon meeting specified conditions, adding Announcements in the Service's database.
e)
Visitor - a person which obtained access to the Service, for example through a web browser.
f)
User - an entity having an Account in the Service.
g)
Announcer - an entity, which added an Announcement in the Service.
2.
The Service
2.1.
The owner and the administrator of the Service is the Administrator.
2.2.
The Service is intended to present Announcements regarding long-term lease (at least 3 months long) of apartments, offices and usable premises located within the area of the capital city of Warsaw.
3.
Accounts
3.1.
An Account in the Service can be registered by a) a natural person not acting at adding of an Announcement as an entrepreneur (Private Account) and/or b) an entity acting at adding of an Announcement as an entrepreneur (Business Account).
3.2.
The Administrator is entitled to de-activate and/or delete the Account in case of determining of violation of these Terms of Service by the User.
4.
Annoucements
4.1.
Announcements do not constitute offers within meaning of the Polish Civil Code, but constitute only invitations to commence negotiations.
4.2.
Announcers are obligated to ensure that the content of the Announcements added by them is congruent with law, public decency and moral rules.
4.3.
The liability for the content of Announcements, regarding - among others - their completeness, up-to-date status and correctness, lies solely with the respective Announcers.
4.4.
If at a given Annoucement monthly net rent has been provided, the Service's algorithms automatically calculate monthly gross rent through mutliplying the monthly net rent by 1.23. The Announcer adding the Announcement should confirm the correctness of those calculations.
4.5.
The Service's algorithms automatically calculate the amounts of the monthly net rent if it was provided and the provided or calculated pursuant to Point 4.4 monthly gross rent with respect to one square meter of the area through division of those amounts by the provided area. The Announcer adding the Announcement should confirm the correctness of those calculations.
4.6.
The calculations referred to under Points 4.4 and 4.5 are made to two decimal points and with application of rounding up.
4.7.
During promotional period adding and/or extending activation period of an Announcement in the Service is gratuitous. After that period the price for adding and/or extending activation period of an Annoucement shall be provided in the price list.
4.8.
The beginning, duration and extent of the promotional period is determined by the Administrator.
4.9.
An added Announcement stays active for the period of 60 days, unless, it is earlier deleted by the Announcer or the Administrator. After the lapse of the activation period the Announcement is not visible to Visitors, excluding the Announcer. After 30 days from the end of the activation period the Announcement is automatically deleted. The Announcement can be deleted by the Announcer at any time.
4.10.
An Announcement can at any time be hidden by the Announcer, which however does not impact the activation period. The hidden Announcement is invisible to Visitors.
4.11.
The Administrator is entitled to hide, de-activate and/or delete the Annoucement in case of determining of violation of these Terms of Service by the Announcer.
5.
The rights and liability of the Administrator
5.1.
The Administrator is entitled at any time to terminate rendering of the services through the Service, and/or to interrupt rendering of those services, with the reservation of Point 5.2.
5.2.
In case of termination of rendering of the services or their interruptions an Announcer affected by that termination or interruption is entitled only to a proportional reimbursement of the amount paid to the Administrator for adding of the Annoucement affected by that termination or interruption.
6.
Personal Data Protection
6.1.
The Privacy Policy and the Cookies Policy consitute integral parts of these Terms of Service.
6.2.
An entity creating an Account authorizes the Administrator to process personal data connected with that Account.
6.3.
Users acknowledge that adding of an Announcement in the Service is connected with publication of their phone number, first name and/or business name, provided during creation of their Account or later, which will be displayed as contact data at their Announcements.
7.
Final Provisions
7.1.
These Terms of Service are governed by the Polish law.
7.2.
Disputes arising out of these Terms of Service shall be determined by the court having jurisdiction over the Administrator.
7.3.
These Terms of Service are applicable as of 12 March 2020.
7.4.
The Administrator is authorized to amend these Terms of Service, the Privacy Policy, the Cookies Policy and the Pricing through publication of the amendments to those documents within the Service under the address https://mapawynajmu.pl. The amendments are applicable after the lapse of the period of 14 days from their publication.