Terms & Conditions
- The owner and administrator of the Website is Łukasz Niemczycki conducting business activity under the name Nasz Dom – property management (hereinafter referred to as the Operator), conducting business activity seated at 34/11 Handlowa St., 03-556 Warszawa, TIN 113-229-73-80.
- The Operator states, that he is entitled to the exclusive copyright to the Website.
- Each person, who starts to use the Website iZarządca is obliged to acquaint himself with the content of the Rules.
- Each person starting to use the Website, acknowledges and accepts at the same time the terms of these rules. The acceptance of the Rules by the user is tantamount to making the following statements:
- I have made myself acquainted with the Rules and accept all its provisions,
- I have started using the Website voluntarily,
- the data included in the registration form and on the account are true,
- I agree to receive system information indicated in the registration form, news from the Operator, as well as information about impediments, changes or maintenance breaks in the Website functioning.
- A person effecting registration on the website agrees to the processing of his personal data pursuant to the Data Protection Act of August 29, 1997 (The Journal of Laws no. 133, item 883).
- By accepting the Rules, a registered user agrees to the publication of his user ID (login) on the websites related to the website (for instance emergencies, internet forum, advertisements). In the account options a user can at any time take a decision to make also public such data as his e-mail address and telephone number.
ART. 2 ACCESS TO THE WEBSITE
A service user can be a natural person, legal person or organizational entity without legal personality.
- The Website users can have the status of :
- a) a resident
- b) a building administrator
- c) a serviceman – recipient of services
- The status of “a resident” has each registered person
- The status of “a building administrator” has a property manager, registered on the website.
- Registration on the website is voluntary and free of charge.
- The registration and account activation procedure requires filling up a registration form on the website or application and takes effect through an e-mail mailbox according to the instructions displayed during the procedure. It is necessary to give data required in the registration form. In the course of registration a user specifies his user ID (login) and password, which shall be used for his identification on the website. When a user is signed in on his account, he has access to his personal data and a possibility to modify them.
- By sending a registration form a website user confirms the authenticity and conformity to the actual state of the data included in it, as well as agrees to the provisions of the Rules. A user is obliged to confirm his registration on the website by clicking on the activation link, which shall be sent together with an access password to the e-mail address given during the registration. Entering an invalid e-mail address at the registration rules out a correct account activation on the website.
- One user cannot have more than one account on the website, that is one user ID and password allowing for the website use. A user’s ID is his e-mail address.
- Once a user has been registered, he gets the so called login, that is an account on the website and a password, and at the same time a user and the Operator conclude a contract of electronically supplied services for an indefinite period of time. The login is equal to the user’s e-mail address.
- By concluding a contract with the Operator, a user undertakes in particular:
- a) to refrain from any actions, which might infringe the privacy of other persons, first of all consisting in collecting, processing and circulating information about other users, without their explicit permission, except for the situation, when such activities are in conformity with legal regulations and provisions of these Rules,
- b) to refrain from any actions, which might hinder or disturb the functioning of the website, as well as actions consisting in destruction, change, removal, damage, hindering access to the accounts of other users,
- c) not to take any actions to the detriment of the Operator, users and other persons.
ART. 3 SCOPE OF SERVICES RENDERED BY THE OPERATOR
- The persons having the status of “Residents” have a free access to the functionality of the website, depending on the service profile selected by the community administrator, and in addition to the following functionalities
ART. 4 PAYMENTS
The website propertiesplatform.coml renders services against payment or free of charge, depending on particular services offered on the website.
- A building administrator is not required to use a payable part of the service and can use the functionality he is entitled to by way of his status free of charge.
- The Operator allows the housing communities a free use of the website functionality for a trial period of 12 months, which is counted from the day of administrator’s registration on the website. Further use of the full functionality of the website depends on purchasing of subscription by the administrator.
- In order to get access to the full functionality of the website, the administrator should place an order for a subscription packet selected by him. Placing an order takes effect through a user’s panel on the website. The Operator allows the User to use the website as part of constant access lasting for one month (30 calendar days) or a multiple of a month – hereinafter called Subscription. There is no possibility to buy a subscription for a shorter period than one year.
- Within subscription period a user has the right to use the website in any number of hours, in particular without restrictions regarding the number of entries into the website.
- The Operator has the right to use promotional prices and discounts.
- Services in return for payment shall be supplied by the Operator in favour of Users exclusively after an appropriate order has been placed and a subscription fee for the period selected by the administrator has been deposited in the Operator’s bank account.
- A user may extend the contract by effecting payment according to the current price list.
- The subscription period is counted from the day the fee has been registered in the Operator’s account in case, when the user did not have an active subscription on that day (opening a new subscription) or from the expiry date of the last subscription in case, when the user had an active subscription on that day and reported to the Operator a desire to extend it (extension of the old subscription).
- Within the first 14 days after the order for subscription has been accepted, the website Operator issues a VAT invoice for the building administrator, based on which the Administrator should effect payment for the subscription upfront, within 7 days from its issue. The above principles apply respectively to payments for each successive periods specified in the order, when the subscription is in force.
- The Operator issues the invoice based on the data collected from the user’s showcase (given during administrator’s registration). The user authorizes the Operator to issue VAT invoices without the recipient’s signature.
- The lack of payment receipt on the website Operator’s account within 30 days from the issue of a VAT invoice shall be automatically treated as resignation from payable services supplied in the service.
ART. 5 LIABILITY OF THE WEBSITE OPERATOR AND WEBSITE USERS
- The website Operator undertakes to make every effort as regards the performance quality of the website and protection of data on his webservers.
- The Operator undertakes to provide the best quality of supplied services. He does not guarantee, that the service is free from defects.
- The Operator as the owner and manager of the service will do all he can, that the service and all the services available through it function correctly, continuously, 24 hours a day for 7 days a week, without any disturbances.
- The Operator is not responsible for breaks and disturbances in the Service functioning resulting from the reasons he could not foresee and which were caused due to circumstances beyond his control, caused by force majeure, equipment failure or unlawful interference of users, even if they would cause a loss of data on the users’ accounts.
- At the same time the Operator reserves the right to temporal complete or partial suspension of the service functioning (or its part) due to technical reasons, in particular related to the software updating, introducing changes and improvements in the system, adding services or maintenance operations. The users will be informed about the planned technical breaks and their duration. The Operator will do all he can that the above mentioned breaks take place at night and last as short as possible. The breaks in rendering services due to technical reasons do not affect the assessment of the operator’s performance of obligations within subscription.
- In the case when a break in rendering services within subscription due to technical reasons is longer than 8 hours at one time, or 24 hours within one week of rendering services, the Operator undertakes to effect additional performance of subscription in the time period proportional to the period, in which the subscription has not been executed.
- The Operator is not responsible for the content transferred and published by the service users and for its accuracy and authenticity. The Operator is not responsible for actions of other persons, nor for their use of the users’ data inconsistently with the purpose of the service functioning.
- The website Operator is not responsible for possible damages and other effects resulting from the use of information placed on the portal by building administrators or other users, by the portal users.
- In maximally broad scope, as the law regulations allow, the Operator is not responsible towards the users, nor third parties, due to indirect or direct loss or damage and due to the loss of data, regardless the reason (due to negligence or breach of these Rules or in other way), even if the operator could foresee such a loss or damage or was informed about such a possibility.
- The website Operator is not responsible for services rendered through the Website by third parties, in particular by property managers and building administrators, who render services in favour of users on their behalf and on their own account. Defining principles of rendering such services is the task of the subject rendering these services, and this subject is exclusively responsible for them, and any comments and complaints related to the rendered services should be addressed to him.
- The Operator is not liable in any way in maximally broad scope, as the binding law regulations allow, for the content transferred and published on the Website by the users, as well as their accuracy and authenticity.
- Taking into account the specific nature of services rendered by the website owner, he is not responsible for any effects of using the information obtained through him by the persons using the website, and in particular, for the user’s decisions taken based on the information published on the website.
- The Operator is neither responsible for: - errors in thewebsite functioning, resulting from an inappropriate web browser setting
- effects resulting from having access to a user’s password by third persons;
- the content of other websites, which are connected with the website by links;
- damages caused by incorrect use by a website user;
- problems in the website functioning, if they occurred due to events, which the Operator was not able to foresee on a best effort basis, or which he could not prevent, in particular in the case of problems in the website functioning related to the quality of services supplied directly by third parties;
- the use of website contrary to the provisions of these Rules; a break in the website functioning caused by technical reasons; loss of data caused by equipment or system failure, the internet dysfunction or other circumstances beyond the control of the Operator, errors on the website or in the content published on it.
- The Operator is not responsible for the actions of third parties, in particular, operating the website information system, as well as for damages caused due to damage of a user’s computer equipment, or his data resource, in the course of, or in connection with using the website resources. The operator is not responsible for the loss of any user’s data, caused by equipment failure, incorrect functioning of the Internet or loss of data caused by actions of third parties.
- The website users are fully responsible for the content of information placed by them on the website. In particular, the website users placing an entry / advertisement are responsible for its broadly understood content, in particular for the truthfulness, accuracy of an entry / advertisement, as well as the conformity to the commonly binding and local legal regulations, and customs, as well as moral and ethical norms and provisions of these Rules. In particular, the Operator is not responsible for unauthorized placement of advertisements, their parts or elements by thirds parties on other websites or in other media, for using advertisements, their parts or elements by third parties for commercial purposes, as well as for impersonation of users by third parties.
- The website Operator accepts no responsibility towards subjects using the website in order to browse entries / advertisements and use the placed offers (herein referred to as Visitor), for their content and accuracy, as well as conformity to the provisions of these Rules, commonly or locally binding law, customs or moral and ethical norms.
- The website Operator accepts no responsibility for the kind, quality, safety, nor value of service received by the Visitor from the given user, as a consequence of using the given entry / advertisement.
- The website Operator accepts no responsibility for the content shown by the website users on the website forum.
- The Operator has the right to remove from the website the content, which he will deem as violating the binding law regulations, or social norms.
ART. 6 COMPLAINTS AND REFUNDS
- Any disturbances in the website functioning, comments leveled against it and any other problems related to the website functioning may be complained about by the users by way of a notification sent by e-mail to the Operator or by traditional post to the mailing address of the website Operator, not later than within one working day from the occurrence of incorrectness in rendering a service by the operator. Failure to meet the deadline of filing a complaint causes the loss of right to complaint by the user.
- The complaint should include: a problem description, data of the subject filing a complaint (forename and surname or name, address, telephone number, e-mail address).
- The complaints will be considered on a daily basis at the user’s request, in the period not longer than 14 days from the receipt of the complaint. However, the Operator reserves the right to disregard complaints, if they result from the ignorance of provisions of these Rules or legal regulations. The operator reserves the right to interfere in the user’s account in order to remove irregularities in the website functioning, as well as disturbances or problems in the account functioning.
- A reply to the complaint will be given by e-mail or in written form.
ART. 7 CONTRACT TERMINATION
- The contract may be terminated by each of the parties by deactivation or deleting the account. Contract termination does not affect the validity of obligations arising from earlier use of the website.
- A registered user of the website may give up the service at any time and demand a removal of his account and personal data from the website, without giving any reasons.
- The will to give up the service should be reported to the website Operator, by sending an e-mail message to the following address: firstname.lastname@example.org. The procedure of account deleting consists in clicking a special link, which shall be sent to the user’s e-mail address registered in the database.
- Moreover, a user may be blocked or deleted from the website, when he undertakes actions to the detriment of the Operator.
- A user may also be blocked or deleted from the website without giving a reason by the operator, when the operator deems it necessary. The actions to the detriment of the Operator are unacceptable, in particular the ones which may hinder or destabilize the website functioning. In case it has been found that such actions have been committed by a user, the operator has the right to block the account. The user’s actions constituting an attempt to destabilize the website are a criminal offence pursuant to the binding regulations. Then the administrator is authorized to take appropriate actions, including the ones aiming at compensation of the damage suffered by him.
- A user may be blocked or deleted from the website, when he uses expressions commonly regarded as offensive.
ART. 8 PERSONAL DATA
- The administrator of personal data is the website operator, who processes personal data of the users, pursuant to the regulations of the Data Protection Act of August 29, 1997 (unified text, The Journal of Laws of 2002, no. 101, item 926 as amended) and the Act on Rendering Electronic Services of July 18, 2002 (The Journal of laws no. 144, item 1204 as amended).
- personal data and the information included in the registration form shall be used by the administrator to conclude, change, terminate a contract with a user and to ensure the highest quality of the rendered services.
- A website user gives consent to the company to collect, process and use his personal data for administrative and statistical purposes related to the running of website, pursuant to the Data Protection Act of August 29, 1997.
- A user has the right to access his data at any time, to change and update them, as well as to demand to delete them from the accounts database.
- The operator has the right to make conditional rendering his services and using the website by a user on previous confirmation by him of his personal data, by appropriate documents, by way of sending a photocopy of the document certifying identity. The forwarding of the document photocopy is voluntary. If the document photocopy is not forwarded or gives rise to justified doubts of the operator, he can refuse to conclude a contract.
- The operator has the right to make conditional rendering his services in favour of the building administrator on previous substantiating by him the fact of administering the specific building by presenting appropriate documents. If the documents give rise to doubts, the operator may refuse to conclude the contract or terminate the contract with the user.
- A user is obliged to update the data given in the registration form immediately after each change of these data.
- The operator is entitled to disclose personal data exclusively to the subjects authorized on the grounds of the appropriate legal regulations.
ART. 9 THE TERM AND CHANGES OF THE RULES
- These Rules come into effect as of January 1, 2015 and are binding until the day of their change or cancellation.
- The Rules are available on: http://en.propertiesplatform.com/wp/tc/.
- The operator reserves the right to unilateral change of provisions of the Rules at any time and without the necessity to justify the reason. Any and all changes in the Rules come into effect as of the day of their publishing.
- In case changes have been introduced in the Rules, the operator shall immediately inform the users about it through publication of a unified text of the Rules on the website. Moreover, each registered user shall be notified about each change of the Rules by e-mail.
- The condition of further use of the website is acceptance of the Rules as a whole together with the introduced changes. The acceptance of the changed content of the Rules is tantamount to the statement of will on continuation of the contract with the operator.
- In case a user refuses to accept the new Rules, he is obliged to notify the administrator about it by way of a contact form available on the website http://en.propertiesplatform.com/wp/contact/
- In case changes in the Rules have not been accepted, a user thereby terminates the contract with the administrator, which is tantamount to the deletion of the account.
ART. 10 FINAL PROVISIONS
- Any copying or duplicating of information included on the website, used materials, as well as technological and programming solutions (source codes, applied algorithms), without the administrator’s consent is forbidden, except for the cases of fair use resulting from the Act on Copyright and Related Rights (The Journal of Laws 1994 No. 24, item 83).
- In case of any disputes arising from the relations between the operator and a user, Polish courts are entitled to exclusive national jurisdiction. Any court disputes shall be settled by the court having jurisdiction over the seat of the operator of personal data of August 29, 1997 (The Journal of laws no. 133, item 883).
- By accepting the Rules, a registered user agrees to publishing his ID (login) on the websites related to the service (for instance: emergencies, forum, advertisements). In the account options a user may at any time take a decision to make public also such his data as e-mail address and telephone number.