TERMS AND CONDITIONS OF USE FOR LESSEES
These Terms and Conditions of Use define terms and conditions of using the Realko24.com website by the Users who are lessees, potential lessees, people searching for offers of business premises lease as well as terms and conditions of obtaining information and sending queries through the Realko24.com website.
Realko24.com is a platform through which you can obtain information on the available pool of business premises and receive offers from selected lessors.
The owner of the Realko24.com website is Realko sp. z o.o., ul. Złota 59, 00-120 Warszawa, REGON (statistical number): 360717354, NIP (tax identification number): 9512387886, entered into the register of businesses kept by the District Court for the capital city of Warszawa, XIII Business Division of the National Court Register, under KRS number 0000541035.
The terms used in these Terms and Conditions of Use have the following meanings:
Platform – an on-line platform maintained in Polish by the Service Provider operating at www.realko24.com;
Service Provider – Realko sp. z o.o., ul. Złota 59, 00-120 Warszawa, REGON (statistical number): 360717354, NIP (tax identification number): 9512387886, entered into the register of businesses kept by the District Court for the capital city of Warszawa, XIII Business Division of the National Court Register, under KRS number 0000541035;
Web Page – a web page at www.realko24.com and all its subpages;
Service – a comprehensive range of services provided electronically by the Service Provider in favour of the Users within the scope defined in the Terms and Conditions of Use. The service consists in providing an online access to the Realko24.com website and enabling contact between the Users;
User – a natural person conducting business activity, a legal person or an organisational entity without legal personality which has carried out or intents to carry out activities through the Platform;
The users can contact the Service Provider electronically by email to: [email protected] or by phone.
[Services provided through Platform]
The Service Provider provides in favour of the Users electronic services under the remote agreements made between the User and the Service Provider.
The information provided by the Service Provider through the Platform does not constitute an offer of the Service Provider.
The Service Provider does not charge any fees for providing the Services in favour of the Users being lessees.
The Services consist in providing an online access to the Platform. The Service Provider renders through the Platform, among others, the following types of Services:
an option to select in the Platform parameters of the premises in which the User, as a lessee, is interested
a service of sending by the Service Provider to the Users being potential lessors the information on the query made by the User
a service of making available to the User / lessor the data of the User / lessee in order to start negotiations and enter into an agreement between the Users.
The agreement on the provision of the Services, excluding the Newsletter Service, is entered into at the moment of making an query through the Platform. The agreement is made for an unspecified period of time. The User may terminate the agreement of the provision of the above-mentioned Services at any moment using the mode specified in these Terms and Conditions of Use.
The agreement on the provision of the Newsletter service is entered into at the moment of properly completing the Newsletter registration process through the Platform. The agreement is made for an unspecified period of time. The User may terminate the agreement of the provision of the above-mentioned Services at any moment by following the procedure provided for by the Service Provider upon pressing the button “Sign out”.
[Making queries through Platform]
Queries are made through the Platform by filling out a form (in which the User has to give, among others, the following data: first name, last name, address, phone number, email address).
Upon properly filling out the form, the Service Provider sends to the User, to the address given in the form, an email message confirming the sending of the query and an activation link. The User’s query will be processed by the Service Provider after confirming by the User its intent to send the query by clicking the link provided in the email.
The registration and other subsequent activities within the Platform on behalf of and for the benefit of the User may be carried out only by persons authorised to represent the User or persons with appropriate powers.
The person authorised to represent the User is obliged to notify the Service Provider without unreasonable delay about the fact of losing the authorisation granted.
It is prohibited to submit false data.
It is prohibited to submit queries by an automatic machine.
If there are any reasonable doubts as to the authenticity of the data given by the User, the Service Provider may suspend the processing of the query until all the doubts are resolved.
In the event of any organizational or legal changes, death or loss of legal capacity of the User the successors of the User or the User are obliged to inform the Service Provider about such circumstances without undue delay.
[General terms and conditions of using Platform]
In order to use the Services available through the Web Page or mobile devices, the User has to satisfy the following technical requirements:
have a desktop computer, a laptop, a mobile phone or other device with access to the Internet;
have access to electronic mail;
use a web browser (Internet Explorer 10.0 or higher, Microsoft Edge 10.0 or higher, Mozilla Firefox 40.x or higher, Opera 40.0 or higher, Google Chrome 50.0 or higher, Safari 5.0 or higher);
activate the function of storing cookies in the web browser;
Any actions undertaken by the Users should be in compliance with the applicable law and good practices.
It is forbidden to use the Platform in order to harm other Users, Service Provider or third persons.
Every User undertakes to:
use the functions and resources available on the Platform in accordance with the purpose of the Platform,
comply with the provisions of Polish law,
respect the rights and interests of other Users,
not to act to the detriment of other Users, Service Provider and third persons.
The content submitted by the Users to the Platform remains their property and they are solely liable for any potential infringement of third persons’ rights.
Placing on the Platform content that is contrary to the law or good practices, in particular content that is pornographic, vulgar, defamatory, offends religious feelings, incites racial, ethnic, religious hatred, promotes phonographic or computer piracy, propagates data breaching methods, viruses and any other materials of similar content and effects is forbidden and amounts to a breach of the Terms and Conditions of Use.
The Service Provider has the right to edit and remove the content placed by the Users within the scope in which it contains content that is contrary to the law. Any content contrary to the law will be removed by the Service Provider within 3 days from the moment of receiving a notification of such content.
The Service Provider has the right to access and obtain copies of all the lease agreements made by the User with other Users / lessors which were made through the Platform as well as all the amendments and arrangements related to them. The User undertakes to ensure that all the lease agreements provide for the Service Provider’s right to access and obtain copies of the lease-related documentation.
The User at the Service Provider’s request is obliged to make available for inspection the correspondence between the Users related to the premises as referred to in the above subsection.
The User is obliged to inform the Service Provider about the fact of entering into a lease agreement which was made using the Platform and to submit copies or scans of such an agreement within 3 business days of the date of making the contract.
If the User does not provide the information, as referred to in above, the Service Provider may cease to render its Services in favour of the User.
[Liability. Access to and use of Platform]
The Service Provider undertakes to take any necessary measures in order to ensure a correct, safe, continuous and error-free access to the Platform.
The Service Provider is not liable for:
actions undertaken by the Users;
a failure to meet specific requirements by the User, other than those resulting from the general purpose of the Platform;
correctness, reliability and accuracy of the data obtained during the use of the Platform;
temporary technical errors occurring during the operation of the Platform;
mistakes in the data entered into the Platform by the Users;
the effects of non-performance or improper performance of the obligations undertaken by the Users or the capacity of such persons to incur obligations;
the state, quality, legal and physical defects of products, premises and services offered by the Users through the Platform;
the acts and omissions of third persons and other force majeure events beyond the reasonable control of the Service Provider.
The Service Provider is not liable for any damage (also in the form of lost benefits), reputational damage, disruption in the operation of the business, loss of data or other types of business information or other financial losses resulting in particular from:
the impossibility of using the Platform,
the use of the Platform,
the impossibility to access the Platform, data, information, messages published or read in the Platform,
an error in the operation of the Platform,
unauthorised third-person access to data,
influence of third persons,
and any other causes related to the Service, regardless of the fact whether the loss, breach or damage was a direct or indirect result of such an event.
The Service Provider is not liable for damage caused by third persons who accessed the Platform using the correct data (login, password) of any User.
The Service Provider is not liable for any interruptions in the operation of the system caused by any technical problems of the hardware and software used by the User, failure of the Internet connection, force majeure or improper interference of third persons which hinder the User’s use of the Platform and the Service offered by the Platform.
When notified about unauthorised access to the Platform, the Service Provider will take immediate measures to secure the data collected.
The Service Provider will regularly make copies of data placed on the Platform in order to minimize the risk of loosing data through activities of unauthorised persons or technical errors in the operation of the Platform.
The Service Provider has the right to make alterations to the Service and the Platform in connection with the performed works aiming to improve and modernise the Platform. In particular the Service Provider has the right to change the functions of the Platform.
[The duty to provide information to be placed in Leave your contact details (http://realko24.com/forms):]
- The Controller of your personal data is Realko Sp. z o.o., Złota 59 Street, 00-120 Warsaw („Realko”), contact: [[email protected]]. Realko processes your personal data in order to establish and maintain contact as well as to reply to queries, i.e. under Article 6 (1) (f). Personal data will be processed only for the period necessary to establish and maintain contact as well as to reply to queries by Realko. You have the right to access, rectify, erase your personal data and to restrict data processing, as well as the right to data portability. You have the right to lodge a complaint with a supervisory authority – President of the Personal Data Protection Office. Disclosing your personal data is voluntary, but a failure to disclose your personal data will make it impossible for Realko to establish and maintain contact and as a result – to reply to your query. You have the right to object to the processing of data.
[Join Realko (http://realko24.com/registration):]
- The duty to provide information to be placed under the form: The Controller of your personal data is Realko Sp. z o.o., Złota 59 Street, 00-120 Warsaw („ADO”), contact: [[email protected]]. ADO processes your personal data in order to enter into and perform the agreement on service provision (Article 6 (1) (b) GDPR), perform electronically provided services (Article 6 (1) (b) GDPR), carry out direct marketing (Article 6 (1) (f) GDPR) and marketing profiling (Article 6 (1) (f) GDPR) activities. Your data may be received by: entities providing electronic payment services and debit card payment services, IT suppliers, service providers operating in the area of marketing and analytical activities. You have the right to object to the processing of data. The personal data processed for marketing and profiling purposes will be processed until the moment of receiving your objection. Within any other scope, personal data will be processed until the end of the agreement on service provision by ADO and during the time necessary to perform all the obligations imposed by the law (settlements, limitation periods for claims). You have the right to request access to your personal data, rectification and erasure of your personal data or restriction of processing as well as the right to object to such processing and the right to data portability. You have the right to lodge a complaint with a supervisory authority – President of the Personal Data Protection Office. Disclosing your personal data is voluntary, but a failure to disclose your personal data will make it impossible to enter into and perform the agreement on service provision and as a result – to use Realko24.com.
[Complaints concerning technical operation of Platform]
Every User has the right to file a complaint about any irregularities in the operation of the Platform within 14 days of the occurrence of such an irregularity. A complaint should be filed by an email message sent to the address: [email protected]. The description of an irregularity should enable the Service Provider to identify the problem and to rectify it.
The Service Provider will process the complaint within 14 calendar days of the date of receiving it.
In the event of a serious technical error, the Service Provider reserves the right to limit the access to the Platform website and the Service, which does not provide the User with the right to put forward any claims.
Please report electronically any potential errors in the operation of the Platform, comments or information about the operation of the Platform and the Web Page as well as any breaches of these Terms and Conditions of Use.
[Intellectual property rights]
All the materials, including any graphic elements, layout and arrangement of such elements, trademarks and other information available on the Platform and the Web Page belong exclusively to the Service Provider. The indicated elements are subject to the author’s economic rights, industrial property rights, including the rights resulting from registered trademarks and the rights to data bases and as such they enjoy statutory legal protection.
Downloading or using in any scope the materials available on the Platform requires a written consent of the Service Provider each time and may not breach the provisions of these Terms and Conditions of Use, applicable law or any interests of the Service Provider or the Users.
It is forbidden to modify or copy any elements of the Web Page or the Platform.
Creating websites or applications similar or identical to the Platform which mislead viewers and may imply that they derive from or are connected with the Service Provider is a tort under the act on combating unfair competition.
[Personal data protection]
The data of the Users will be used exclusively for the purpose for which they were made available, and the Service Provider undertakes not to disclose them to third parties other than other Users / lessors, if the actions of the User require to do so, unless generally applicable provisions state otherwise.
[Modification of Terms and Conditions of Use]
The Service Provider reserves the right to alter the Terms and Conditions of Use at any time, in particular in connection with any changes in the applicable law or technical and organizational changes in the manner of providing Services as well as in the event of any changes in the legal structure of the Service Provider. Such modifications will not affect any commenced, pending, completed activities conducted through the Platform.
The Service Provider will inform the Users about any changes and their content 14 days before their introduction. Such information will be passed on to the User by an email message sent to the address given during the registration process.
The User consents to such changes in the Terms and Conditions of Use by selecting a proper box in the Platform below the text informing about the changes in the Terms and Conditions of Use.
If the User does not consent to the changes in the Terms and Conditions of Use, the User should stop using the Platform.
In the event of a failure to take any of the above-mentioned actions, upon the expiry of 14 days of the date of submitting the information on the changes in the Terms and Conditions of Use, the changes begin to be binding upon the User as if the User has accepted the changes in the Terms and Conditions of Use under the procedure provided for in this section.
To the matters not regulated in these Terms and Conditions of Use, the provisions of the generally applicable law apply, in particular the provisions of Civil Code of 23 April 1964 and Act of 30 May 2014 on consumer rights.
Any disputes arising in connection with these Terms and Conditions of Use and the agreement made between the User and the Service Provider will be subject to Polish law and will be settled by Polish courts. The competent court for hearing disputes arising between the Service Provider and the User is the court with territorial jurisdiction over the registered office of the Service Provider.
The Terms and Conditions of Use enter into effect on 14/05/2019