Terms of Service
1.
Introduction
These Terms of Service stipulate the terms of use of the Service.
2.
Definitions
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)
Listing - 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 Listings 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)
Lister - an entity, which added a Listing in the Service.
3.
The Service
3.1.
The owner and the administrator of the Service is the Administrator.
3.2.
The Service is intended to present Listings regarding real estate lease/rent.
4.
Accounts
4.1.
An Account in the Service can be registered by a) a natural person not acting at adding of a Listing as an entrepreneur (Private Account) and/or b) an entity acting at adding of a Listing as an entrepreneur (Business Account).
4.2.
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.
4.3.
Consumers and individuals to whom Article 3855 of the Polish Civil Code applies have the right to withdraw from a given agreement with the Administrator within 14 days from its conclusion. The exercise of this right is carried out by sending an email with the appropriate content to the address kontakt@mapawynajmu.pl.
5.
Listings
5.1.
Listings do not constitute offers within meaning of the Polish Civil Code, but constitute only invitations to commence negotiations.
5.2.
Listers are obligated to ensure that the content of the Listings added by them is congruent with law, public decency and moral rules.
5.3.
The liability for the content of Listings, regarding - among others - their completeness, up-to-date status and correctness, lies solely with the respective Listers.
5.4.
If at a given Listing 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 Lister adding the Listing should confirm the correctness of those calculations.
5.5.
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 5.4 monthly gross rent with respect to one square meter of the area through division of those amounts by the provided area. The Lister adding the Listing should confirm the correctness of those calculations.
5.6.
The calculations referred to under Points 5.4 and 5.5 are made to two decimal points and with application of rounding up.
5.7.
An added Listing stays active for the period of 60 days, unless, it is earlier deleted by the Lister or the Administrator. After the lapse of the activation period the Listing is not visible to Visitors, excluding the Lister. After 30 days from the end of the activation period the Listing is automatically deleted.
5.8.
A Listing can at any time be deleted by the Lister.
5.9.
A Listing can at any time be hidden by the Lister, which however does not impact the activation period. The hidden Listing is invisible to Visitors.
5.10.
The Administrator is entitled to hide, de-activate and/or delete the Listing in case of determining of violation of these Terms of Service by the Lister.
5.11.
A Listing can be promoted by the Lister.
5.12.
Promoted Listings are displayed on the list before others and the icons of promoted Listings are displayed over others.
6.
Pricing
6.1.
During promotional period adding and/or extending activation period of a Listing in the Service is gratuitous. After that period the price for adding and/or extending activation period of a Listing shall be provided in these Terms of Service.
6.2.
The beginning and duration of the promotional period referred to under Point 6.1 is determined by the Administrator in these Terms of Service.
6.3.
The promotional period referred to under Point 6.1 commences on 19 June 2023.
6.4.
Promotion of a Listing costs 29 PLN.
7.
Payments
7.1
By making a payment within the Service, the Lister and/or their representative gives/give consent to processing of their personal data necessery for the payment process by the Administrator and the Administrator's partners to whom the Administrator delegates the payment process.
7.2
The commencement of rendering of a paid service by the Administrator takes place 14 days after its purchase by the Lister, unless the Lister expresses their will to commence rendering of the service before this date.
7.3
In the event of exercising the right of withdrawal as referred to under Point 4.3, and simultaneous expression of consent as referred to under Point 7.2, no refund is granted for the period during which the paid service was provided.
8.
The rights and liability of the Administrator
8.1.
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 8.2.
8.2.
In case of termination of rendering of the services or their interruptions a Lister affected by that termination or interruption is entitled only to the proportional reimbursement of the amounts paid to the Administrator for those services.
9.
Personal Data Protection
9.1.
The Privacy Policy and the Cookies Policy consitute integral parts of these Terms of Service.
9.2.
An entity creating an Account authorizes the Administrator to process personal data connected with that Account.
9.3.
Users acknowledge that adding of a Listing 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 Listings.
10.
Amendments to Terms of Service
10.1
The Administrator is entitled to amend these Terms of Service and their integral parts, including, without limitation, the Privacy Policy, the Cookies Policy and the Price List, with regard to:
a)
amendments required due to the mandatory provisions of law,
b)
amendments required due to counteracting abuses and ensuring safety of the Visitors and the Service,
c)
commencement of the provision of new services by the Administrator within the Service,
d)
amendments in the scope and prices of provisioning of the existing services by the Administrator within the Service,
e)
termination of the provision of the existing services by the Administrator within the Service,
f)
amendments in the scope of the functioning of the Service,
g)
amendments in the scope of privacy protection of the Visitors and the Visitor behavior analysis,
h)
editorial amendments.
10.2
An amendment to the Terms of Service enters into force on the date indicated by the Administrator, however not shorter than 15 days from the date of notification about those amendments through their publication on the website available at https://mapawynajmu.pl/terms-of-service, and with regard to the existing Users through sending information about these changes to the User's email address provided by the User and saved within the Service.
10.3
The amendments to the Terms of Service introduced due to the mandatory provisions of law and/or due to counteracting abuses and ensuring safety of the Visitors and the Service may enter into force in the period shorter than specified under Point 10.2, including even with immediate effect.
10.4
The amendments to the Terms of Service with regard the scope and prices of provisioning of the existing services by the Administrator within the Service are not applicable to the paid services activated by the User before these amendments.
10.5
In case of non-acceptance of the planned amendments to the Terms of Service, the existing User is entitiled terminate the agreement regarding Account maintenance within the Service with immediate effect, within the period of 15 days from the date of receiving notification of these changes, through sending an email message with the relevant content to the address contact@mapawynajmu.pl, with the reservation that such termination is not applicable to the paid services provisioned by the Administrator within the Service activated before these amendements, until the termination of provisioning of those services.
10.6
Once the amendments to the Terms of Service enter into force an activation of a new service requires re-accaptance of the Terms of Service.
11.
Final Provisions
11.1.
These Terms of Service are governed by the Polish law.
11.2.
Disputes arising out of these Terms of Service shall be determined by the court having jurisdiction over the Administrator unless mandatory provisions of law stipulate otherwise.
11.3.
These Terms of Service are applicable as of 19 June 2023.