1. General Rules
- 1.1. These Terms and Conditions determine the rules of using the services available on the REDD PLATFORM [hereinafter referred to as REDD PLATFORM or the Portal].
- 1.2. The Administrator of the Portal is SkyConcept spółka z ograniczoną odpowiedzialnością (limited liability company), with its registered office in Warsaw at Plac Trzech Krzyży 10/14, registered in the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number 0000419360, having share capital of PLN 100,000, REGON: 146108425, NIP: 1182084373 [hereinafter referred to as SkyConcept or the Administrator].
- 1.3. The Portal is dedicated to communication between Real Estate Owners and Agents in the scope of real estate leasing and trading.
- 2.1. In these Terms and Conditions, the following expressions have the meaning explained below:
- a. Services – all services provided electronically by the Administrator to the Users;
- b. User – a person who uses the Service provided electronically by the Administrator on the Portal;
- c. Owner – it is the User who is the sender of the Information;
- d. Registration form – a form filled in by the Administrator when registering on the Portal;
- e. User Account – it is an individual set of resources and rights for each User, activated for him/her by the Administrator, after completing the Registration;
- f. Password – it is a string of characters, including letters, digits and other symbols, selected by the User at the time of Registration on the Portal or assigned by the Service Provider, used to secure access to the Account;
- g. Agent – it is the User who conducts business activity in the scope of trading, renting, or brokering in relation to real estate trading or renting;
- h. Information – it is a set of data related to real estates at the disposal of the Owner that is established by the Owner;
3. Rules of Using the Portal
- 3.1. The technical requirements necessary to work with the information and communication system used by the Administrator are as follows:
- a. Internet connection;
- b. web browser;
- c. having and providing an e-mail address.
- 3.2. The information provided to the Agents is created by the Owners. The content of the Information, including the attached images, should clearly refer to its subject matter and describe it in an accurate, reliable, complete and not misleading manner, in particular with regard to the legal and technical condition, parameters related to price and location of the property.
- 3.3. The information may be modified at any time by the Owner to reflect a current, actual description of the space to be rented or sold, as well as any other changes in the condition of the property such as, for example, the connection of utilities or facilities of the premises.
- 3.4. The Agents may choose to receive current information about a specific property or a particular category of properties [hereinafter referred to as Subscription]. The Owners have the opportunity to invite the Agents to the Subscription of the Information. Subscription includes information about the current status of the property, including, in particular, details of space available for sale/rent.
- 3.5.The Owner may invite a third party who is not a User to use the Subscription. Delivery of Subscription will commence upon the third party creating an Account. The Owner using this functionality is solely responsible for sending any unsolicited commercial information in accordance with Article 10.1 of the Act of 18 July 2002 on Providing Services by Electronic Means. (Journal of Laws No. 144, item 1204).
- 3.6. The content of the Information published on the Portal and provided by the Portal shall not be against the law, ethical standards and good practices applicable in Poland. Descriptions of the properties shall not include advertising content, such as advertisements of companies, products, websites or other web portals. The User consents to the fact that the Administrator promotes the Information on real estates placed on the Portal and its transfer to cooperating partners.
- 3.7. The Administrator is not responsible for the content or timeliness of the published Information. The Administrator is not responsible for the consequences of the Owner providing inaccurate, outdated or incomplete data (including contact details). The Owner is solely responsible for the content of the published information and the consequences of providing incomplete, outdated or untrue information. The Administrator reserves the right to make editorial corrections to the content of offers published on the Portal.
- 3.8.Any activities aimed at misleading the Users, in particular the deliberate provision of false data – e.g. undervalued prices – in the descriptions of properties, as well as any other activities which, at the Administrator’s discretion, cause a deterioration in the quality of the Portal and its opinion among the Users, are forbidden.
- 3.9. The use of the services available in the Portal and the data published on the Portal for purposes other than those related to the execution of purchase/sale/rental/leasing of real estate, in particular copying, collection, processing and distribution of data is forbidden. The administrator shall not be responsible for any infringement of this prohibition committed by third parties.
- 3.10. The Administrator shall not be responsible to the User for interruptions in access to the Portal caused by breakdowns of telecommunication networks. This limitation of liability does not apply to consumers.
- 3.11. Any materials, including graphic elements, arrangement and composition of these elements (i.e. layout), trademarks and other information available on the Portal sites are the exclusive property of the Administrator. The indicated elements are the subject of proprietary copyrights, industrial property rights, including rights from the registration of trademarks and rights to databases and as such they are subject to statutory legal protection.
- 3.12. Downloading or using the materials available on the Portal in any extent requires a prior consent of the Administrator and shall be without prejudice to the provisions of the Terms and Conditions and generally applicable law, as well as shall not infringe the Administrator’s interests. Any aggregation and processing of data and other information available on the Portal for the purpose of further sharing it with third parties on other Internet Portals and outside the Internet is forbidden. Use of the Portal’s trademarks, including characteristic graphic elements, as part of personal online service portals is also forbidden.
- 4.2. By sending the registration form, the User declares that:
- a. the data provided therein are complete and accurate;
- 4.3. When creating an Account, the User indicates whether he/she is the Owner or the Agent. After the Registration is completed, the User receives access to the adequate functionalities of the Portal.
5. User Account
- 5.1. After receiving a correctly completed Registration Form, the Administrator creates a unique Account for the User on the Portal for the selected email address. In the case of legal persons and organizational units which have created an Account, all activities within the Portal may be performed on their behalf only by a person who is authorized to act on behalf of these entities.
- 5.2. By providing an email address on the Portal, the User declares that the email address does not infringe the rights of third parties. The User is solely responsible for the selection of the e-mail address, and any disputes arising from this shall be solved without the participation of the Administrator.
- 5.3. The user has access to his/her Account with a unique identifier that is the email address and the Password. The user undertakes not to disclose his/her password and email address to any third party and is solely responsible for damages caused by such disclosure.
- 5.4. The User conducting business activity declares that he is entitled to provide e-mail addresses, telephone numbers and other contact details of his/her employees or collaborators.
- 6.1. Any complaints regarding the services provided by the Portal shall be submitted in written form and sent by registered mail to the following address: SkyConcept spółka z ograniczoną odpowiedzialnością, Plac Trzech Krzyży 10/14, 00-499 Warszawa or by email to the address: [email protected] The complaint will be processed within 21 working days of its receipt. The complainant shall be notified about the outcome of the complaint in written form.
- 6.2. Any dispute within the matter relating to an online sales or service contract between a consumer residing in the European Union and a business located in the EU, may be resolved on the ODR (Online Dispute Resolution) platform, which is an interactive website enabling electronic resolution of the dispute before the ADR entity (Alternative Dispute Resolution; a non-judicial mediator), available at the address: http://ec.europa.eu/consumers/odr.
7. Withdrawal Procedures
- 7.1. The User-consumer has the right to withdraw from the contract, which may be executed within 14 days of its conclusion. During this time, the service will not be provided unless the User agrees to its provision within this period.
- 7.2. The User has the right to withdraw from the contract without any reason by making a statement to that effect in writing or in the form of a document. In order to meet the deadline, it is sufficient to send a statement prior to the expiry of the above period, containing the User’s first name, last name, address, telephone number and e-mail address.
- 7.3. The user shall send a withdrawal statement in written form by registered mail to the following address: SkyConcept spółka z ograniczoną odpowiedzialnością, Plac Trzech Krzyży 10/14, 00-499 Warszawa or by email to the address: [email protected] The Administrator will immediately send a confirmation of receipt to the e-mail address indicated in the withdrawal statement.
8. Disclaimer of Responsibility
- 8.1. The Administrator shall not be responsible for any damage resulting from the cessation of the Services, if it is a consequence of the lack of possibility to effectively provide the Services due to the User’s fault, e.g. lack of possibility to finalize the order due to the User’s full e-mail box. The Administrator shall also not be responsible for damages resulting from the cessation of services and removal of the account of the User who breaches the Terms and Conditions.
- 8.2. Furthermore, the Administrator shall not be responsible for:
- a. any damage caused to third parties as a result of using the Services by the Users in a manner contravening the Terms and Conditions or the provisions of law;
- b. loss of data by the User due to external factors (e.g. software failure) or other circumstances beyond the control of the Administrator (actions of third parties);
- c. any damage resulting from the lack of continuity in the provision of Services;
- d. the provision of false or incomplete information by the Users at the time of the account registration or the use of the Services;
- e. the Users’ failure to comply with the provisions of the Terms and Conditions;
9. Final Provisions
- 9.1. The User may delete his/her Account at any time, by submitting a request for deletion using the System “Delete Account” functionality. Deleting the Account shall be tantamount to termination of the service contract with the Administrator.
- 9.2. The Administrator reserves the right to amend the Terms and Conditions. The Users will be informed about the content of the proposed amendments by e-mail.
- 9.3. Amendments to the Price List Regulations shall come into force after 14 days from the date of their announcement.
- 9.4. In any matters not regulated by the Terms and Conditions, the provisions of the Act on Providing Services by Electronic Means, the Act on the Protection of Personal Data, the Civil Code and other binding regulations of the Polish law shall apply accordingly.