TERMS OF USE OF THE REALTING.COM WEBSITE

1. Definitions to be used in Terms of Use

  1. Service Provider/Realting – Realting LLC (Spółka z ograniczoną odpowiedzialnością) with its registered office in Warsaw, ul. Zygmunta Vogla 28/02.53, 02-963 Warszawa, entered into the Register of Entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under the number 0001097010, NIP number 9512593048, REGON number 528201474, represented by: Alena Martynenka – Chairman of the Board.

  2. User - an entity that has registered on the Service Provider's website realting.com.

  3. Service Recipient/Customer - A User who uses Realting services provided electronically, as part of the realting.com website, for a fee based on an agreement for the provision of electronic services concluded between the Service Provider and the Service Recipient.

  4. Services - paid services provided by Realting electronically to Service Recipients in the scope of posting Users' advertisements regarding the sale, purchase, and rental of real estate, as well as in the scope of coordinating the process of contacting Users interested in concluding a contract regarding a real estate listed on the Website.

  5. Website – an online real estate platform owned by Realting LLC, controlled, maintained and managed in the European Union and the United States of America by Realting. Operates at https://realting.com . The Website does not represent the interests of specific real estate agencies, developers, intermediaries or other interested parties and does not sell real estate properties or provide real estate trading services.

  6. Agreement - an agreement for the provision of electronic services concluded between the Service Provider and the Service Recipient, under which the Service Provider provides Services to the Service Recipient via the Website, concluded for the duration of the ordered Service, upon meeting all of the following conditions: 1) registration of the Service Recipient on the Website, 2) selection of the appropriate Service via the Website the Service Recipient, 3) payment for the Service. The payment of the fee by the Service Recipient is preceded by submitting a declaration regarding the order of the Services with the obligation to pay for the Services.

  7. Terms of Use – present regulations specifying the type and scope of Services provided on the Website, the rules for providing these Services, rules for creating and maintaining a User account on the Website, and the conditions for concluding and terminating the Agreement and the complaint procedure.

  8. Registration – a process of creates an account on the Website by the User.

  9. Login – a sequence of characters used during the Registration process and while using the User Account.

  10. Password – a sequence of alphanumeric characters used to obtain authorized access to the User Account on the Website.

  11. User Account – a set of resources marked with an individual Login and Password provided by the User on the Service Provider's Website, where the User's data is collected. The User's account on the Website ensures full confidentiality of data and enables the User to order paid Services and receive them from Realting.

  12. Fee - fee for the Customer's use of the Services within the Website, under the Agreement, based on the Terms of Use. The date of payment is the date when the funds are credited to the Service Provider's bank account.

  13. Service Price List – a document containing a list of the Services offered by the Service Provider and prices for the Services, which is available as a file after Registration on the User Account. Before ordering the Services, the User has the opportunity to read the Service Price List.

  14. Exclusive license - a license agreement concluded by the Service Provider with Realting LLC, under which the Service Provider has the exclusive right to use and dispose of the Website in the European Union and the United States of America, including to conclude contracts with Customers offered as part of the Website services on realting.com.

  15. Privacy Policy - a document specifying the purposes and principles of collecting data by the Website, necessary for the provision of Services by Realting and the use of the Website's functionalities, available at: https://realting.com/info/privacy-policy-pl.

2. General Provisions

  1. The website is run by Realting sp. z o. o. based in Warsaw. The e-mail address of Realting is: business@realting.com, telephone contact with Realting is possible at the following telephone number: +48663638018,  correspondence address: Realting spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Zygmunta Vogla 28/02.53, 02-963 Warszawa, entered into the Register of Entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under the number 0001097010, NIP number 9512593048, REGON number 528201474, represented by: Alena Martynenka - Chairman of the Board. The above data is also used to contact Realting.

  2. The website operates on the principles set out in the Terms of Use and applicable law. If the User decides to use the Website, it means that by downloading any page, the User agrees to the terms and conditions set out in the Terms of Use.

  3. The website is made available to the User after Registration. The functionalities of the Website can only be used for a fee under the Agreement.

  4. The website is intended and is a necessary tool, among others: to perform the Agreement, as defined in these Terms of Use in section I Definitions.

  5. The services offered by Realting are provided exclusively to the Service Recipient. Realting does not consent to the use of the Services by other unregistered entities under the Terms of Use. If for reasons beyond the control of Realting, an entity other than the Service Recipient receives access to the Website, this entity uses the Services at its own risk and responsibility.

  6. Upon Registration on the Website, the User is obliged to comply with the provisions of the Terms of Use.

  7. The Service Provider has the right to post advertising content on the Website. This content constitutes an integral part of the Website and the materials presented therein.

  8. To perform the Agreement, in the case of Users who are consumers, the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended), shall apply, subject to section XIII below.

3. Technical conditions for using the Website

  1. Through the Website, Realting enables:
    - registration;
    - maintaining the User Account;
    - using materials available after Registration;
    - safe and confidential tool (a proprietary product of Realting LLC) for the Customer to use the Services provided on the Website, under the Agreement.

  2. The condition for using the Services is that the Service User concludes the Agreement, including reading the Terms of Use and accepting them.

  3. By accepting the Terms of Use, the Service Recipient is aware that the Services are provided only electronically, and agrees to that.

  4. Realting specifies the following minimum technical requirements for using the Website:
    - computer (or mobile device) with Internet access;
    - access to e-mail;
    - an updated version of the Chrome or Firefox web browser;
    - enabling Cookies and Javascript in the web browser.

  5. From the moment of Registration, throughout having a User Account on the Website, the User has access to the functionalities of the Website and may order Services by paying appropriate Fees to Realting, following the Service Price List.

  6. Services are provided for a fee, based on the rates included and described in detail in the Service Price List.

  7. The Service Price List is available at all times on the User's Account in such a way that after logging in to the User Account, the User can read the Service Price List indefinitely or download the Service Price List without any restrictions.

  8. The Service Recipient is aware that the Internet is public and the use of services provided electronically may involve the risk of obtaining and modifying Service Recipients' data by unauthorized persons, therefore Service Recipients should use appropriate technical measures to minimize these threats. In particular, it is reasonable for Service Users to use anti-virus programs.

4. User's account

  1. The User Account is operated only by the User who has registered on the Website.

  2. To use the Website and/or additional services/applications provided by third parties and available through the Website, the User must be a resident of the country where the relevant services are operated. Furthermore, the User must be at least 18 years old (if a Polish citizen) or of legal age in his/her country of residence.

  3. The User is responsible for all activities related to the use of the Password and Login to the User Account. The User is obliged to keep the Password and Login necessary to log in to the User Account strictly confidential. It is prohibited to share the Password and Login to the User Account with anyone. The Password and Login constitute confidential information for the sole information of the User. The User is responsible for selecting a Password that ensures the highest possible level of protection against its reproduction by other people or computer programs.

  4. Realting ensures full security and confidentiality of information provided as part of the User Account.

  5. The User has the option of changing login details to the Website from the User Account level.

  6. The User may at any time, in particular in the event of failure to accept the amended content of the Terms of Use, delete the User Account from the Website.

5. Blocking of the User's account

  1. Realting has the right to block the User's access to the User Account in the event of:
    - when the User utilizes the User Account in violation of applicable law or the provisions of the Terms of Use;
    - when the name of the User Account violates the law, legally protected rights of third parties or is inconsistent with good practices, including an expression generally considered offensive;
    - threats of interception of the User Account by malicious software, including in the case of use of access data to the User Account by software used for automatic login with high frequency, sending a large number of requests to the server;
    - performing activities that may threaten the security of the Website, including the proprietary product of Realting LLC and the data processed therein;
    - occurrence of other justified reasons.

  2. Blocking of the User Account occurs automatically, immediately after the circumstances referred to in the clause 1 above. If the User must take specific actions to unblock the User Account (in particular the situations referred to in clause 1 points 1, 2, 3), the User Account will be blocked until such actions are taken by the User.

  3. The User is obliged to immediately inform Realting about the loss or suspected loss of access to the User Account or the theft of the Login or Password. In such a situation, Realting will block the User Account and take steps to restore the User's access to the User Account.

6. Special rules for using the Services

  1. After registering the User on the Website, he will receive access to the Realting Services offered on the Website.

  2. The scope and time, as well as the price of a given Service, are described in detail on the Website, so the User has access to this information at all times and can consciously decide to extend access to the Services or purchase another Service package.

  3. If the User wants to utilize the Realting Services, he or she selects the Service, defines his or her role as an advertiser (owner, landlord, tenant of the property, etc.), posts the content of the advertisement regarding the offered/sought property, indicating detailed criteria, including price, and then, to conclude the Agreement, submits a declaration of ordering the Service with the obligation to pay, which redirects User to online payment.

  4. Ordering the Service each time involves the obligation to accept the then-current version of the Terms of Use and Privacy Policy.

  5. The condition for starting the provision of Services and access to the Website is the payment and crediting of the Service Fee to the Service Provider's account. Access to the Website takes place immediately after the payment and receipt of the Fee referred to above.

  6. The User may pay for the Service each time from the User Account, from where he will be redirected to the payment intermediary.

  7. After paying the appropriate Fee for the Service, the Customer will receive confirmation of the conclusion of the Agreement along with detailed information regarding the Service to the e-mail address provided when placing the order.

7. Payments

  1. The Service Recipient will make payments for using the Website following the Service Price List - depending on the type, form and duration of the ordered Services. Fees are not individually adjusted based on automated decision-making.

  2. Payment for the ordered Services is made immediately, within the time specified in the order, each time before the commencement of the Service.

  3. The User may pay for the Service at any time from the User Account.

  4. Detailed rules for using the Services are set out in section VI of the Terms of Use.

8. User Obligations

  1. The User is obliged to read the Terms of Use and accept them.

  2. The User is obliged to use the Website in a manner consistent with the law and good practices, respecting the personal rights and intellectual property rights of third parties.

  3. The User is obliged to enter data into the Website that is consistent with the actual situation.

  4. The User is obliged to refrain from any actions that could hinder or disrupt the functioning of the Website and actions to the detriment of the Service Provider and other entities.

  5. The User undertakes not to introduce any illegal content to the Website or transmit it through it.

  6. The Service Provider reserves the right to refuse to publish, edit or remove content that violates the provisions of the Terms of Use, provisions of generally applicable law, particularly when they contain elements:
    - generally considered offensive or vulgar;
    - of a racist nature;
    - of a pornographic or erotic nature;
    - that constitute crimes or acts of unfair competition;
    - infringing copyrights and intellectual property rights;
    - misleading other users of the Website;
    - advertising other websites, including in particular websites competing with realting.com
    - being SPAM or promotional material;
    - containing announcements about competition activities organized without the consent of the Website.

9. Copyright

  1. All content posted on the Website, including the name of the Website, its functionalities, graphic appearance, logos, graphic elements, arrangement and composition of these elements (the so-called "layout"), trademarks, software and the knowledge base available on the Website, are protected by Copyright protection and (except for elements used under license, transfer of copyright or fair use) are the property of Realting LLC. The User is fully liable for any damage caused to Realting LLC and Realting as a Licensee, resulting from the use of any content of the Website without the consent of Realting LLC and Realting.

  2. Any use by anyone, without the express written consent of Realting LLC and Realting, of any of the elements constituting the content of the Website constitutes a violation of the copyright of Realting LLC and results in civil and criminal liability. No part of the Website's resources may be published without the consent of Realting LLC and Realting. Any printing, copying and saving of data to the computer disk is permitted only for the User's private use.

  3. By sending files and other digital content to the Website, the User confirms his/her right to dispose of them and is solely responsible for the infringement of proprietary and related copyrights, personal data and personal rights of third parties, and if any person makes any claims or demands against Realting LLC or Realting in this respect, undertakes to release these entities from any liability in connection with the violations and to fully satisfy the claims of third parties in this respect.

10. Customer complaint rights

  1. The Service Provider is liable for non-compliance of the Services ordered by the Service Recipient with the Agreement, subject to the further part of the Terms of Use. The condition is that the lack of conformity of the Services with the Agreement existed at the time of their delivery and became apparent within two years from that time. It is presumed that the lack of compliance of the Services with the Agreement, which became apparent within one year from the date of delivery of the Services, existed at the time of their delivery.

  2. If the Service Recipient finds that the Service is inconsistent with the Agreement, he or she may submit a declaration (a complaint) in this respect to the Service Provider.

  3. The complaint should be sent to the Realting address indicated in the Terms of Use (postal address or e-mail address).

  4. The complaint should contain the following information:
    - data enabling identification of the Customer as the person making the complaint (login, e-mail address provided by the Service User during Registration);
    - description of the reasons for the complaint, including the date of the incident.

  5. By submitting a complaint, the Service Recipient may first demand that the Service be brought into compliance with the Agreement. However, the entrepreneur may refuse to comply with this request if it is impossible or would require disproportionate costs.

  6. If the request to bring the Service into compliance with the Agreement turns out to be impossible or improperly performed, the Service Recipient will be entitled, at his or her discretion, to submit a declaration of reducing the Fee or withdrawing from the Agreement. You will be able to move to this category of permissions when:
    - compliance with the Agreement is impossible or requires excessive costs;
    - The Service Provider failed to bring compliance with the Agreement within a reasonable time and without excessive inconvenience to the Service User;
    - the lack of compliance continues despite the Service Provider's attempts to remove it;
    - the lack of compliance is so important that it justifies the immediate submission of a declaration of reduction of the Fee or withdrawal from the Agreement, without first calling on the Service Provider to ensure compliance with the Agreement;
    - it follows from the Service Provider's statement or circumstances that it will not bring about compliance with the Agreement within a reasonable time or without excessive inconvenience to the Service User - this will include in particular the case when the Service Provider does not respond in due - time to the Service User's request to bring about compliance with the Agreement.

  7. Realting will recognize the complaint within 14 days from the date of its receipt. No response within this period means that the complaint has been accepted following its content.

  8. A complaint considered following the Terms of Use shall not be subject to reconsideration.

11. Realting Responsibility

  1. Realting is responsible in particular for the efficient and correct operation of the Website, including access to the Services and content posted on the Website. At the same time, the User understands and agrees that Realting is not obliged to offer the User any technical support in using the Website, apart from the guidelines and general information and instructions available on the Website.

  2. The website is not intended to provide any real estate advice or financial benefits. The Service Provider disclaims any liability arising from any reliance on other purposes, such as financial gain or real estate advice, by the User or any other person visiting the Website or by anyone who may be informed of any of its contents.

  3. Realting is not responsible for Services provided by third parties, including application providers whose operation the Website integrates. In such a case, any complaints related to incorrect performance of the Service by third parties should be directed by the Service User directly to these third parties. This does not apply to complaints related to incorrect technical operation of the Website.

  4. The website may contain links to websites operated by persons or entities other than the Service Provider. These websites are beyond the control of the Service Provider, therefore the Service Provider is not responsible for their content. This includes any links posted on these pages, as well as any modifications or updates made to them. The Service Provider cannot be held liable if the linked site does not function properly or for potential viruses, malware or other harmful consequences resulting from the use of the linked site.

  5. Provider is providing these links solely as a convenience to you, and the inclusion of any link does not imply endorsement by Provider of the site or any association with its operators. It is the User's responsibility to review and comply with the privacy policies and terms of use presented on these linked sites. You are solely responsible for all interactions with third parties that support the Service Provider or are listed on the Website, including orders and payments for goods and services. The Service Provider does not store any data shared on linked sites and is not responsible for any personal data disclosed on linked sites.

  6. The User acknowledges that the Service Provider is not responsible for the actions, content or contracts of third-party websites with which the User contacts through the interface of the Service Provider's Website. The User further acknowledges that third party websites have the right to modify their software at their discretion and are susceptible to security breaches.

  7. The Service Provider is not liable for any financial losses incurred by Users as a result of interactions between Users. Users assume risk and responsibility for such interactions.

  8. By accepting these Terms, the User hereby exempts Realting and its officers, employees, agents, successors and assigns from and against any disputes, claims, controversies, demands, rights, liabilities, actions and causes of action, whether past, present or future. This exemption covers all types of disputes, including disputes related to property damage and any matters directly or indirectly related to the Service, which includes interactions with partners, third parties and the use of third-party links and applications. This exemption is valid indefinitely.

  9. Realting is not liable in particular for damages that occurred:
    - in connection with the violation of the Terms of Use by the Service Recipient;
    - in connection with the provision of the Login and Password by the Service Recipient to a third party;
    - as a result of malicious or harmful software illegally introduced to the Website by third parties;
    - as a result of the deletion of the User Account by the Service Recipient;
    - due to temporary difficulties or lack of access to the Website, related to repair, modernization or similar work.

  10. The User acknowledges that the Website is subject to potential defects and agrees that it remains sole responsibility of the User to evaluate any information provided by the Website. These tips, together with other warnings presented in these Terms of Use by the Service Provider, do not establish or indicate a continuous obligation to constantly inform the User about all possible threats related to using the Website or gaining access to it. The Website may be susceptible to complex cyber-attacks, unforeseen spikes in activity, or other operational or technical complications that may lead to interruptions or delays in the Service. You hereby agree to assume the risk of malfunction of the Service resulting from unexpected or increased technical challenges, including those resulting from advanced attacks and agree not to hold Realting liable for any related losses.

  11. The Service Provider is not liable for any damages or interruptions resulting from viruses that may affect the User's computer or other equipment, or for any damages resulting from phishing, spoofing or other malicious attacks.

  12. Some jurisdictions may not allow limitations or exclusions of liability for incidental or consequential damages. Therefore, the above limitation or exclusion may not apply to you.

12. Withdrawal from the Agreement

  1. Since Realting provides the Services covered by the Agreement with the express and prior consent of the Service Recipient, who was informed before the commencement of the provision of the Services that after the Service Provider has completed the service, he will lose the right to withdraw from the Agreement, and has acknowledged this, and the Service Provider has provided the Service Recipient with confirmation, referred to in Art. 15 section 1 and 2 or art. 21 section 1 of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2020, item 287), the Service Recipient is not entitled to withdraw from the Agreement under the provisions of Chapter 4 of the above-mentioned Act, of which he is aware.

  2. The above does not apply to the Service User's right to withdraw from the Agreement following section X, clause 6 of the Terms of Use.

13. Final Provisions

  1. The Terms of Use and any changes to their content are effective from the date of publication on the Website.

  2. The Terms of Use are available in English and Polish.

  3. The Terms of Use are made available free of charge via the Website so that the User has the opportunity to read their content each time before ordering the Services.

  4. In the event of a change in the content of the Terms of Use, the Service Provider will send the new content of the Terms of Use to Users to the Users' e-mail addresses provided during Registration.

  5. Acceptance of the current content of the Terms of Use is always a condition for ordering the Service and concluding the Agreement.

  6. The use of the Website is subject to Polish law and the jurisdiction of Polish courts.

  7. In matters not regulated in the Terms of Use, the provisions of the Civil Code, the Act on the provision of electronic services, the Act on Consumer Rights and other relevant provisions of Polish law apply.

  8. The rights and obligations arising from the use of the Website may not be assigned or otherwise transferred to third parties without the prior written consent of Realting.

  9. In the event of invalidity of any provision of the Terms of Use, the remaining provisions shall remain in force. The Parties will replace invalid provisions with valid provisions similar, to the extent permitted by law, to the invalid provisions and reflecting the original intentions of the Parties.