TERMS OF USE FOR CLIENTS

 

These Platform Terms of Use prescribe the terms and conditions of use of the Flat Finder platform available at URL: https://flatfinder.pl.  When registering or otherwise using the Platform, the User first accepts these Platform Terms of Use and declares that they have become acquainted with the Privacy Policy, which supplements these Platform Terms of Use. The Services and functionalities provided through the Platform are provided and performed by Flat Finder sp. z o. o. with its registered office in Warsaw.

Any User willing to use the Platform is obliged to become acquainted with these Platform Terms of Use first. We provide the Platform Terms of Use and other terms of service to all interested persons free of charge prior to conclusion of the Agreement (on the Platform), as well as – upon request – in a manner that enables the User to obtain, reproduce and record the content of the Platform Terms of Use by means of a used teleinformatic system. Detailed rules regulating use of the Platform functionalities are available in dedicated Platform tabs. If the User does not accept the provisions of these Platform Terms of Use, then they may not use Flat Finder Services or obtain access to them.

The terms used in these Platform Terms of Use have the following meanings:

(Partner) Pricelist – a statement of prices presenting, in a comparative manner, the objective scope of Services and Fees for them; The Pricelist is made available by the Partners on the Platform
(Partner) Services – services provided by a Partner to the Clients; the Services cover, among other things, agency in lease or sale of Real Property, lease or sale of Real Property directly by the Partner and other services provided by the Partners
(Platform) Terms of Use – these terms of use made available to the Clients, which prescribe, among other things, the manner in which agreements are concluded between the Partners and the Clients, and prescribe general provisions of Agreements concluded between Flat Finder and the Clients
Account – a service rendered by electronic means, an individually assigned, modifiable part of the Platform; The Account enables, among other things, browsing and publishing Offers, Content and other materials referring to services provided by a Partner
Agreement – an agreement concluded between Flat Finder and a Client, whose subject matter covers Client’s use of the Platform and provision of the Flat Finder Services to the Client, including the functionalities that enable publication of Content on the Platform; general provisions of the Agreement are prescribed by the Platform Terms of Use
Client – a natural person with full capacity to perform acts in law using the Platform in order to search for a Real Property, to whom a Partner provides its Services
Content – information published by a User as part of their Account, visible on the Platform; the Content covers in particular Offers, description of Services, scope and manner of Service provision, pictures and other materials; the Content may prescribe the content of an agreement concluded between a Partner and a Client
Fee – a fee for the Flat Finder Services, prescribed in the Pricelist, whose amount depends on a selected package stating in particular the objective scope of the Flat Finder Services
Flat Finder – the owner and the controller of the Platform, Flat Finder sp. z o.o. with its registered office in Warsaw, ul. Św. Barbary 1, Warszawa, entered in the register of entrepreneurs of the National Court Register (KRS) under number KRS: 0000940042, Tax Identification Number NIP: 7011064094, National Business Registry Number REGON: 520748457, share capital in the amount of PLN 6,000.00
Flat Finder Services – services provided by Flat Finder against charge and by electronic means, which consist in particular in provision of the Platform functionalities to the Users, in particular the functionalities that enable the User to run the Account, as well as to publish Content, and the Partners to offer their Services
Offers – offers prepared by a User related to sale or lease of a Real Property, which constitute an invitation to conclude a respective agreement; Offers are published on the Platform on the account of a given User; Offers are subject to placement based on the date of publication – starting with the most recent;
Partner – a natural or legal person or organisational unit without legal personality who created an Account and published Offers; an entity offering Services to the Clients by means of the Platform functionalities;
Partner Terms of Use – the terms of provision of the Services and the Flat Finder Services by means of the Platform functionalities; The Partner Terms of Use prescribe general provisions of agreements concluded between Flat Finder and the Partners and is available at URL: https://flatfinder.pl/en/terms-and-conditions
Platform – a Flat Finder website available at URL : https://flatfinder.pl; a platform used by the Partners, among other things, to run an Account, publish Content and offer Services, and by the Clients – to, among other things, search for Real Properties, establish direct communication with Partners
Privacy Policy – the document governing the security and protection of the privacy and processing of Users’ personal data; The Privacy Policy supplements these Platform Terms of Use and is available at URL: https://flatfinder.pl/en/privacy-policy
Real Property – a real property offered directly or indirectly by the Users by means of  functionalities of the Platform; the subject matter of Offers
User – a Partner or a Client

1. PRELIMINARY PROVISIONS

1.1. These Terms of Use prescribe the terms and conditions of provision by Flat Finder of the Flat Finder Services to the Clients, as well as the rights and obligations of the Clients and Flat Finder, including the complaint procedure. Flat Finder provides the Flat Finder Services pursuant to the Agreement.

1.2. Any liability resulting from the Agreements and the Platform Terms of Use is governed by Polish law. The agreements related to provision of the Flat Finder Services are concluded in the Polish language.

1.3. Flat Finder will not place on the Platform any commercial information or offers filed in an electronic form, within the meaning of the Civil Code. In particular, the provisions pertaining to filing an offer in electronic form are not applicable.

 

2. PLATFORM

2.1. In order to enjoy all functionalities of the Platform, the Client must satisfy the following minimum technical requirements: (a) a device with the Internet access enabling correct display of the Platform interface, (b) an active e-mail account, (c) an installed Internet browser, updated to the latest version: Microsoft Edge, Firefox, Chrome, Opera or Safari, (d) enabled cookie and JavaScript support.

2.2. Flat Finder has the right to modify elements and functionalities of the Platform or the Flat Finder Services, which will not be regarded as amendment of the Agreement, whereby Flat Finder guarantees that they will not entail deterioration of the quality of the Flat Finder Services.

2.3. Detailed rules regarding operation of the Platform and particular Flat Finder Services are available on dedicated subpages.

2.4. The Flat Finder Services and the Platform as well as their components, including design and markings of the Platform, are protected by copyright or other rights related to intellectual property, such as trade marks, industrial designs or trade secrets, belonging to Flat Finder (with the exclusion of Content provided on the Platform directly by the Users). Such elements may not be reproduced, distributed or published, as a whole or in parts, by the User without consent of Flat Finder determined by the Flat Finder Service functionalities. In particular, the User is not allowed under the Agreement to reproduce, publish, lend, dispose of or otherwise redistribute any Platform elements, directly or indirectly, whether against charge or free of charge, otherwise than through Flat Finder.

2.5. As part of the Flat Finder Services the Client may receive notifications in the form of an e-mail.

 

3. ACCOUNT AND FLAT FINDER SERVICES

3.1. In order to enjoy all Flat Finder Services, the Client must have an active Account. For this purpose, the registration procedure must be completed in line with the instruction available on the Platform. In order to complete the registration procedure, the Client needs to provide, among other things, personal data.

3.2. If the Account is created otherwise than for a natural person, then by sending the Account registration application, the user declares that they act upon commission of a Client being an entrepreneur, legal person or other organisational unit and is duly authorised to act for and on behalf of that Client.

3.3. Upon creation of the Account, an Agreement is concluded between the Flat Finder and the Client for an unlimited period of time, provided that the conditions prescribed by the Platform Terms of Use are satisfied, in particular provided that the Client is entitled or authorised to create the Account and conclude the Agreement. If the user is not entitled or authorised in the necessary scope, then the Agreement conclusion is void.

3.4. The Client receives access to all functionalities of the Platform immediately upon activating the Account.

3.5. By providing any personal data onto the Platform, the Client warrants and represents that the information provided thereby is true, accurate and up-to-date, and it will remain so throughout the entire term in which the Account is operated.

3.6. The Agreement covering provision of the Flat Finder Services is free of charge for the Clients.

3.7. The Client may delete the Account at any time without providing reason, by using the button “Delete account” or sending Flat Finder a message with a request to delete the Account (via e-mail, provided that it is the e-mail address used upon registration of the Account). Requesting removal of the Account is tantamount to filing a statement on termination of the Agreement.

3.8. The Client is liable for what is happening within the frames of and also through their Account. The Client may not share the Account with unauthorised third persons and is responsible for keeping their login and password confidential. If the Client notices that an unauthorised person uses or used the Account, then they should immediately notify Flat Finder of this.

3.9. The Account is non-assignable and non-transferable. Only one Client may use the Account.

3.10. The Client undertakes that by means of the Flat Finder Services, as part of the Platform, they will not: (a) undertake any actions that may hinder or impede the functioning of the Flat Finder Services or use the Flat Finder Services in a manner onerous to others, (b) undertake any actions to the detriment of other Clients, Partners, third persons or Flat Finder, (c) violate the provisions of the Agreement, Platform Terms of Use or provisions of the applicable law, (d) use the Platform or the Flat Finder Services against their purpose.

3.11. A violation of the Platform Terms of Use, in particular rights to the Platform, may cause Flat Finder respond in either of the following manners: (a) warning addressed at the Client, (b) blocking access to the Account, (c) removing the Account and thus terminating the Agreement with immediate effect, (d) preventing the Client from establishing the Account again.

3.12. Along with the Account removal, all Content published by the Client on their Account is removed.

 

4. OFFERS AND SERVICES

4.1. The Offers are prepared directly by the Users who determine their content independently.

4.2. Flat Finder does not verify the Content published by the Users by means of the Platform functionalities. In order to avoid any doubt, it is stated that Flat Finder does not verify, represent or guarantee the completeness, accuracy or reliability of any Content published by means of the Flat Finder Services.

4.3. Any Content provided by the User onto the Platform should in a clear and not-misleading manner describe the Real Property being the subject of the Offers and the scope and terms and conditions of provision of Services by the Partner.

4.4. The User is obliged to publish on their Account Content that is not misleading, in particular with regard to technical condition and legal status of the Real Property covered by the Offers, and to take care to keep it up-to-date, as such content is an invitation to conclude a respective agreement.

4.5. Flat Finder is not liable for compliance of Users’ actions with the law.

4.6. Flat Finder is not a party to agreements concluded between the Partners and the Clients, thus it is not liable against the Clients in any manner whatsoever on account of due provision of Services by the Partners. Any liability of Flat Finder is limited to providing for access to the Platform on the terms prescribed by the Terms of Use. The Partners, in turn, are not liable for the manner of operation of the Platform.

4.7. Partner’s Services are provided directly by the Partner and any payments on account of such Services provided by the Partner are made by the Clients directly to the Partners.

4.8. Flat Finder does not charge Users with any fees for using the Platform, except for Offers that are published on the Platform against charge and the amount of Fees is stated in the Pricelist.

4.9. Depending on the information on the Platform, the Partner may or may not have the status of an entrepreneur. If it does not have such status, the relationship between the Customer and the Partner is not subject to the provisions of the Act on consumer rights. Flat Finder verifies the status of a given User by means of the User’s account.

4.10. Where the Partner has the status of an entrepreneur, the Client, in the cases provided by law, is entitled to withdraw from the agreement concluded with the Partner on the terms prescribed by the Act on consumer rights, to the extent that the agreement is concluded remotely. The Partner is obliged to provide the Client with relevant information related to this right. The right to withdraw from the agreement may be exercised within 14 days from the date of its conclusion between the Client and the Partner.

 

5. CONTENT

5.1. Any data and information as well as other materials, in particular graphic, textual or in the form of personal data, that the User provides onto the Platform constitute the Content. When providing the Content onto the Platform, the User warrants and represents that: (a) they are the owner or legal holder of the Content at least to the extent required pursuant to their commitment to abide by the provisions of the Terms of Use, (b) the Content does not infringe third persons’ rights, (c) using and managing the Content within the frames of Services does not infringe third persons’ rights, (d) they are authorised to grant the licence referred to below.

5.2. The User may not provide onto the Platform any Content that may: (a) infringe personal rights or interests of third parties, (b) promote infringement of intellectual property rights, in particular copyrights, and personal interest, what involves, among others, suggesting methods facilitating infringement of such rights or encouraging such behaviours, (c) propagate ideologies and methods and practices contrary to the idea of the Platform, (d) be of erotic nature or for other reasons be unsuitable for persons under the age of 18, (e) contain threats, incite aggression or contain elements of unlawful violence, (f) contain materials that may be used for unlawful, misleading, malicious or discriminating purposes, (g) evidently contradict the rules of social co-existence, common moral and social norms or rules of “netiquette”, (h) contain vulgarisms and phrases that may in any way violate someone’s dignity, (i) serve matrimonial purposes, (j) promote other websites or other Internet service providers competitive to Flat Finder, (k) propagate hatred based on race, nationality, denomination or worldview-related reasons.

5.3. Upon placement of the Content on the Platform, it is published and may be generally viewed by third persons, and for this purpose the Client grants Flat Finder a license with the right to grant further licenses, without any limitations as to the territory and time, to use and dispose of (which in particular consists in public performance, exhibition, as well as making the Content available in a manner so that anyone may access it where and when they see fit) the entire Content or a part of it, in a scope necessary for provision of Services, and additionally for the purpose of disseminating the Content in social media of Flat Finder, in this development of derivative works on its basis.

5.4. The User is fully and independently liable for the Content against Flat Finder and third persons. The User is also liable against the Client for the message conveyed by their Content and its effects.

5.5. Flat Finder does not verify the Content, neither prior to nor after its publication on the Platform. In order to avoid any doubt, it is stated that Flat Finder does not verify, represent or guarantee the completeness, accuracy or reliability of any Content published by means of the Flat Finder Services.

 

6. COMPLAINTS

6.1. The User has the right to file a complaint concerning operation of the Platform. A complaint should include at least details enabling identification of the User as the complaining person and state reasonable reservations and comments concerning the Flat Finder Services. The complaint should be sent via e-mail to the following e-mail address: reklamacje@flatfinder.pl or to the correspondence address of Flat Finder.

6.2. Flat Finder will consider the complaint within 14 (fourteen) days. Flat Finder will send a response to the complaint to the e-mail address indicated by the User.

6.3. The Client may file complaints that concern non-performance or improper performance of Services directly with the Partner. Partners’ details necessary for filing the complaint, including e-mail or correspondence address, are made available by the Partners to the Clients on the Platform.

6.4. The Partners are obliged to consider complaints referring to their Services in line with the provisions regulating consumer rights. Complaints that concern non-performance or improper performance of Partner Services sent to Flat Finder will immediately be transferred directly to respective Partners.

6.5. The Partner is obliged to consider complaints related to non-performance or improper performance of Partner Services, and is responsible for that, in accordance with the provisions of the unconditionally applicable law, in particular consumer law.

 

7. REPORTING VIOLATIONS AND COMPLAINTS

7.1. Flat Finder provides the Platform and ensures its smooth technical operation, what constitutes the scope of its liability for the Platform and the Flat Finder Services. Flat Finder does not exercise ongoing control over or monitoring of the Content and materials provided by the Partners and the Clients on the Platform.

7.2. Flat Finder acts with respect to interests and rights of third persons. Therefore, if an action violating rights or interests of third persons is detected, a relevant person should obligatory advise Flat Finder thereon. In the same way such person may also notify Flat Finder on any violation of the Platform Terms of Use or the applicable law.

7.3. Any notification pertaining to acts that infringe any rights or interests should be sent to the e-mail address: reklamacje@flatfinder.pl. In order to facilitate the procedure, the notification should include at least the following information: (a) identification details of the reporting person and an e-mail address, if other than that from which the notification is sent, (b) indication of the Content or actions that infringe the law along with indication of the infringed law, (c) indication of the place within the Platform where such Content is located.

7.4. As a consequence of receiving such notification or official notification, access to the Content or relevant activity as part of the Platform will be prevented and Flat Finder will advise the User thereon. Such User has 24 (twenty four) hours to take a stance towards the allegation. Then, if the allegation proves justified or the User fails to take a stance towards it, then Flat Finder will remove such material, and in the case of considerable violation of the law – it will remove the Account from which such actions were taken.

 

8. LIABILITY OF FLAT FINDER

8.1. Since Flat Finder provides only access to the Platform and services provided by electronic means, Flat Finder is not liable for damage not attributable to it and where damage resulting from:

8.1.1. Clients’ intentional violation of the provisions of these Platform Terms of Use, in particular providing false data when registering the Account;

8.1.2. events of Force Majeure or activity of malware illegally provided on the Platform by the Client or third persons;

8.1.3. defects or errors of Users’ Content;

8.1.4. publication of Content of unlawful nature, in particular infringing third persons’ rights;

8.1.5. Partners’ actions or omissions, in particular non-performance or improper performance of Services;

8.1.6. content of agreements concluded between the Partners and the Clients.
– with a proviso that the foregoing may not limit rights enjoyed by consumers under generally applicable legal provisions.

 

9. AMENDMENT

9.1. Flat Finder may amend these Platform Terms of Use due to material reasons, whether legal (amendment of generally applicable law, or change of the organisational form of Flat Finder) or technical (modernisation of the Platform or the Flat Finder Services, change of the operation manner of the Platform or the Flat Finder Services).

9.2. The Clients will be notified on any amendment of the Platform Terms of Use via e-mail sent to the address at which the Account is registered 15 (fifteen) days before the new Platform Terms of Use come into effect. During this time, the Client must accept the amended Terms of Use, or refuse to accept them and terminate the Agreement.

9.3. The Client may refuse to accept the amendment of the Platform Terms of Use in particular by requesting removal of the Account.

 

10. FINAL PROVISIONS

10.1. The Client may contact Flat Finder in the following manner: by calling the phone number: +48 606 828 447; via e-mail at the address: pomoc@flatfinder.pl; via mail at the correspondence address: ul. Św. Barbary 1, 00-686 Warszawa.

10.2 If any provision of these Terms of Use proves invalid in part or entirely, then the other provisions remain effective, whereas the remaining part of the Terms of Use is to be interpreted in such a manner so as their legal effect and economic implications to the highest extent correspond to those of the invalid provisions.

10.3. A consumer may take advantage of dispute resolution methods that are alternative to court proceedings (ADR), in particular through mediation, conciliation or arbitration (arbitration court). The list of institutions to which a consumer may refer for dispute settlement within the frames of ADR is available here: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/national-out-of-court-bodies/index_en.html.

10.4. The consumer may also take advantage of out-of-court means of considering complaints and seeking claims by means of submitting his/her complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/

10.5. If the consumer resigns from taking advantage from ADR or ODR, any disputes arising out of the Terms of Use will be settled by a common court with the jurisdiction determined according to the rules prescribed by a legal act applicable to the Client being a consumer.

10.6. The Privacy Policy, available here, is a supplement to these Terms of Use.

10.7. The Platform Terms of Use come into effect as of: 20-09-2023

 

 

TERMS OF USE FOR PARTNERS

 

These Partner Terms of Use prescribe the terms and conditions of use of the Flat Finder platform available at URL:  https://flatfinder.pl. When registering or otherwise using the Platform, the User first accepts these Partner Terms of Use and the Privacy Policy, which supplements these Partner Terms of Use. The Flat Finder Services and functionalities provided through the Platform are provided and performed by Flat Finder sp. z o. o. with its registered office in Warsaw.

Any User willing to use the Platform is obliged to become acquainted with these Partner Terms of Use first. We provide the Partner Terms of Use and other terms of service to all interested persons free of charge prior to conclusion of the Agreement (on the Platform), as well as – upon request – in a manner that enables the User to obtain, reproduce and record the content of the Partner Terms of Use by means of a used teleinformatic system. Detailed rules regulating use of the Platform functionalities are available in dedicated Platform tabs. If the User does not accept the provisions of these Partner Terms of Use, then they may not use the Flat Finder Services or obtain access to them.

Other terms used in the Partner Terms of Use have the following meanings:

(Partner) Services – services provided by a Partner to the Clients; the Services cover, among other things, agency in lease or sale of Real Property, lease or sale of Real Property directly by the Partner and other services provided by the Partners
Account – a service rendered by electronic means, a modifiable part of the Platform individually assigned to Partners; the Account enables, among other things, direct communication with Clients and publication of Offers, Content and other materials referring to services provided by a Partner
Agreement – an agreement concluded between Flat Finder and a Partner, whose subject matter covers Partner’s use of the Platform and provision of the Flat Finder Services to the Partner, including the functionalities that enable publication of Content on the Platform; general provisions of the Agreement are prescribed by the Partner Terms of Use
Client – a natural person with full capacity to perform acts in law using the Platform in order to search for a Real Property, to whom a Partner provides its Services
Content – information published by a Partner as part of their Account, visible on the Platform; the Content covers in particular Offers, description of Services, scope and manner of Service provision, pictures and other materials; the Content may prescribe an agreement concluded between a Partner and a Client
Fee – periodic (or other) fee for the Flat Finder Services, prescribed in the Pricelist, whose amount depends on a selected package stating in particular the objective scope of the Flat Finder Services
Flat Finder – the owner and the controller of the Platform, Flat Finder sp. z o.o. with its registered office in Warsaw, ul. Św. Barbary 1, Warszawa, entered in the register of entrepreneurs of the National Court Register (KRS) under number KRS: 0000940042, Tax Identification Number NIP: 7011064094, National Business Registry Number REGON: 520748457, share capital in the amount of PLN 6,000.00
Flat Finder Services – services provided by Flat Finder against charge and by electronic means, which consist in particular in provision of the Platform functionalities to the Users, in particular the functionalities that enable the Partner to run the Account, as well as to publish Content and offer their Services, in this to publish Offers
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
Internal Complaint Handling System/System – an internal and free-of-charge mode of complaint handling provided by Flat Finder in accordance with applicable provisions
Offers – offers prepared by a Partner related to sale or lease of a Real Property, which constitute an invitation to conclude a respective agreement; Offers are published on the Platform on the account of a given Partner
Partner – a natural or legal person or organisational unit without legal personality who uses the Platform in connection with pursued business or professional activity and created an Account for himself or herself as an entrepreneur; an entity offering Services to the Clients by means of the Platform functionalities;
Partner Terms of Use – these terms of provision of the Services and the Flat Finder Services by means of the Platform functionalities; the Partner Terms of Use prescribe general provisions of Agreements
Platform – Flat Finder website available at URL: https://flatfinder.pl ; a platform used by the Partners, among other things, to run an Account, publish Content and offer Services, and by the Clients – to, among other things, search for Real Properties, establish direct communication with Partners
Platform Terms of Use – the terms of use made available to the Clients, which prescribe, among other things, the manner in which agreements are concluded between the Partners and the Clients
Pricelist – a statement presenting, in a comparative manner, the Fees and their objective scope; The Pricelist is available on the Platform at https://flatfinder.pl/en/price-list
Privacy Policy – the document governing the security and protection of the privacy and processing of Users’ personal data; The Privacy Policy supplements these Partner Terms of Use and is available at URL: https://flatfinder.pl/en/privacy-policy
Real Property – a real property offered to the Clients directly or indirectly by the Partners by means of functionalities of the Platform; the subject matter of Offers
User – a Partner or a Client

 

11. PRELIMINARY PROVISIONS

11.1. These Partner Terms of Use prescribe the terms and conditions of provision by Flat Finder of services to the Partners, as well as the rights and obligations of the Partners and Flat Finder, including the complaint procedure.

11.2. Any liability resulting from Agreements and the Partner Terms of Use is governed by Polish law. The agreements related to provision of the Flat Finder Services are concluded in the Polish language.

11.3. Flat Finder will not place on the Platform any commercial information or offers filed in an electronic form, within the meaning of the Civil Code. In particular, the provisions pertaining to filing an offer in electronic form are not applicable.

11.4. Flat Finder provides the Users with access to the Platform, enabling direct communication between the Clients and the Partners for the purpose of, among other things, searching for Real Property. By means of the Platform the Client may become acquainted with Offers and scope of Services offered by the Partner by means of the Platform, and the Partner has an opportunity to present their Services.

 

12. PLATFORM

12.1. In order to enjoy all functionalities of the Platform, the Partner must satisfy the following minimum technical requirements: (a) a device with Internet access enabling correct display of the Platform interface, (b) an active e-mail account, (c) an installed Internet browser, updated to the latest version: Microsoft Edge, Firefox, Chrome, Opera or Safari, (d) enabled cookie and JavaScript support.

12.2. Flat Finder has the right to modify elements and functionalities of the Platform or the Flat Finder Services, which will not be regarded as amendment of the Agreement. Whereby Flat Finder guarantees that they will not entail deterioration of the quality of the Flat Finder Services.

12.3. Detailed rules regarding operation of the Platform and particular Flat Finder Services are available on dedicated subpages.

12.4. The Flat Finder Services and the Platform as well as their components, including design and markings of the Platform, are protected by copyright or other rights related to intellectual property, such as trade marks, industrial designs or trade secrets, belonging to Flat Finder (with the exclusion of Content provided on the Platform directly by the Partners). Such elements may not be reproduced, distributed or published, as a whole or in parts, by the Partner without consent of Flat Finder determined by the Flat Finder Service functionalities. In particular, the Partner is not allowed under the Agreement to reproduce, publish, lend, dispose of or otherwise redistribute any Platform elements, directly or indirectly, whether against charge or free of charge, otherwise than through Flat Finder.

12.5. As part of the Flat Finder Services the Partner may receive notifications in the form of an e-mail.

 

13. ACCOUNT AND FLAT FINDER SERVICES

13.1. In order to enjoy all Flat Finder Services, the Partner must have an active Account. For this purpose, the registration procedure must be completed in line with the instruction available on the Platform.

13.2. If the Account is created otherwise than for a natural person, then by sending the Account registration application, the relevant person declares that they act upon commission of a Client being an entrepreneur, legal person or other organisational unit and is duly authorised to act for and on behalf of that Client.

13.3. Upon completion of the registration procedure, an Agreement is concluded between the Flat Finder and the Partner for an unlimited period of time, provided that the conditions prescribed by the Partner Terms of Use are satisfied, in particular provided that the Partner is entitled or authorised to create the Account and conclude the Agreement. If the Partner is not entitled or authorised in the necessary scope, then the Agreement conclusion is void.

13.4. By providing any personal data onto the Platform, the Partner warrants and represents that the information provided thereby is true, accurate and up-to-date, and it will remain so throughout the entire term in which the Account is operated. What is more, the Partner represents that they have, and will have for the Agreement term, any consent related to the processing of personal data provided to the Account, including Content containing an image.

13.5. The Agreement covering provision of the Flat Finder Services in the form of enabling the Partner to publish Offers is payable with a proviso that Flat Finder reserves the possibility to temporarily provide the Flat Finder Services in the form of enabling the Partner to publish Offers free of charge. Other Flat Finder Services are free of charge.

13.6. The Partner may delete the Account at any time without providing reason, by using the button “Delete account.” Requesting removal of the Account is tantamount to filing a termination of the Agreement.

13.7. Both Flat Finder and the Partner may terminate the Agreement upon 1-month termination notice with the effect as at the end of a relevant calendar month; in such a case all Offers are removed from the Platform upon lapse of that period.

13.8. The Partner is liable for what is happening on and also through their Account. The Partner may not share the Account with unauthorised third persons and is responsible for keeping their login and password confidential. If the Partner notices that an unauthorised person uses or used the Account, then they should immediately notify Flat Finder on this.

13.9. The Account is non-assignable and non-transferable. Only one Partner may use the Account.

13.10. The Partner undertakes that by means of the Flat Finder Services, as part of the Platform, they will not: (a) undertake any actions that may hinder or impede the functioning of the Flat Finder Services or use the Flat Finder Services in a manner onerous to others, (b) undertake any actions to the detriment of other Partners, third persons or Flat Finder, (c) violate the provisions of the Agreement, Partner Terms of Use, Platform Terms of Use or provisions of the applicable law, (d) use the Platform or the Flat Finder Services against their purpose, (e) undertake any other actions that may hinder or impede the functioning of the Flat Finder Services.

13.11. A violation of the Partner Terms of Use, in particular rights to the Platform, may cause Flat Finder to respond in either of the following manners: (a) warning addressed at the Partner, (b) blocking access to the Account, (c) removing the Account and thus terminating the Agreement with immediate effect, (d) preventing the Partner from establishing the Account again.

13.12. Along with the Account removal, all Content published by the Partner on their Account is removed.

13.13. Where Flat Finder terminates the agreement with the Partner, it will provide the justification for its decision.

 

14. LIMITATION, SUSPENSION AND TERMINATION

14.1. In each case when Flat Finder decides to suspend or limit (as a whole or in part) provision of the Flat Finder Services to a Partner with regard to the Services offered by the Partner, or to terminate provision of the Flat Finder Services to the Partner, Flat Finder will provide the Partner with the reasons for such decision:

14.1.1. where provision of the Flat Finder Services is limited or suspended – at least in the moment in which such limitation or suspension becomes effective;

14.1.2. where provision of all Flat Finder Services to the Partner is terminated – at least 30 days prior to the day on which the provision of the Flat Finder Services is terminated.

14.2. In each case, Flat Finder will send the justification of the decision referred to in clause 4.1. above by e-mail to Partner’s e-mail address stated at registration. Such justification will include:

14.2.1. reference to specific facts or circumstances – including content of notifications received from third parties – on the basis of which Flat Finder made the relevant decision,

14.2.2. reference to applicable grounds of that decision.

14.3. The Notification Term referred to in clause 4.1. above is not applicable where Flat Finder:

14.3.1. is subject to a legal or regulatory obligation under which it is obliged to terminate provision of its Flat Finder Services in their entirety to the relevant Partner in a manner preventing it from abiding by that notification term;

14.3.2. exercises the right to terminate provision of the Flat Finder Services for a superior reason resulting from the domestic law compliant with the EU law;

14.3.3. is able to prove that the Partner has violated an applicable provision of the Partner Terms of Use multiple times, as a result of which provision of the respective Flat Finder Services in their entirety is terminated;
– in such case Flat Finder will provide the Partner, without undue delay, the justification of its decision to the e-mail address stated by the Partner during registration, subject to clause 4.4. below.

14.4. Flat Finder is not required to provide the abovementioned justification where:

14.4.1. it is subject to a legal or regulatory obligation not to present certain facts or circumstances or references to the applicable ground(s);

14.4.2. is able to prove that the Partner has violated an applicable provision of the Partner Terms of Use multiple times, as a result of which provision of the respective Flat Finder Services in their entirety is terminated.

14.5. If Flat Finder revokes limitation, suspension or termination of the Flat Finder Services, it will, without undue delay, restore them to the Partner, in this provide the Partner with access to personal data or other data that resulted from the relevant Flat Finder Services used before the limitation, suspension or termination came into force. Cancellation of the decision referred to in the preceding sentence may concern in particular cases where the decision was mtade as a result of mistake or where the violation of the Partner Terms of Use that lead to making such decision had not been committed maliciously and were removed in a satisfactory manner.

 

15. OFFERS AND SERVICES

15.1. The Offers are prepared directly by the Partner who determines their content independently.

15.2. Flat Finder does not verify the Content published by the Partner by means of the Platform functionalities. In order to avoid any doubt, it is stated that Flat Finder does not verify, represent or guarantee the completeness, accuracy or reliability of any Content published by means of the Flat Finder Services.

15.3. Any Content provided by the Partner onto the Platform should in a clear and not-misleading manner describe the Real Property being the subject of the Offers and the scope and terms and conditions of provision of Services by the Partner.

15.4. The Partner is obliged to publish on their Account Content that is not misleading for the Clients, in particular with regard to technical condition and legal status of the Real Property covered by the Offers, and to take care to keep it up-to-date, as such content is an invitation to conclude a respective Agreement.

15.5. Flat Finder is not liable for compliance of Partners’ actions with the law. The Partner acknowledges that the Platform infrastructure is not an indication or guideline as to compliance of the Service provision with the law. If the Partner finds that a Platform functionality does not meet the requirements of the law, they are obliged not to use such functionality.

15.6. Services are provided directly by the Partner and any payments on account of such Services provided by the Partner are made by the Clients directly to the Partners.

15.7. Implementation of agreements concluded between the Partners and the Clients is governed by the Platform Terms of Use.

 

16. PRICES AND PAYMENTS

16.1. In order to publish an Offer on the Platform, the Partner first pays the Fee in the amount prescribed by the Pricelist.

16.2. If the Partner fails to pay the Fee, this is tantamount to resigning from publication of the Offer via the Platform.

16.3. As part of the provided Flat Finder Services Flat Finder may enable the Partner to publish free-of-charge offers in any number prescribed by Flat Finder. Such action is determined by Flat Finder at its sole discretion and does not provide the basis for the Partner to raise any claims against Flat Finder.

16.4. The Partner gives their consent for Flat Finder to issue VAT invoices in electronic form. VAT invoices are available on their Account by means of the Platform functionalities.

16.5. Using the Flat Finder Services, the Partner is obliged to pay for each purchased Offer with a proviso that the Partner also has the option to purchase a package of several Offers at one time, as prescribed in the Pricelist. An Offer will only be published on the Platform provided that the relevant payment has been made.

16.6. Flat Finder may amend the terms prescribed by the Pricelist, what does not constitute amendment of the Agreement. Each time, Flat Finder will notify the Partner on amendment of the Pricelist by means of the Platform functionalities.

 

17. CONTENT

17.1. Any data and information related to Real Property as well as other materials, in particular graphic, textual or in the form of personal data, which the Partner published on the Platform constitute the Content. When providing the Content onto the Platform, the Partner warrants and represents that: (a) they are the owner or legal holder of the Content at least to the extent required pursuant to their commitment to abide by the provisions of the Partner Terms of Use, (b) the Content does not infringe third persons’ rights, (c) using and managing the Content within the frames of the Flat Finder Services does not infringe third persons’ rights, (d) they are authorised to grant the licence referred to below.

17.2. The Partner may not provide onto the Platform, or use as part of the Flat Finder Services, any Content that may: (a) infringe personal rights or interests of third parties, (b) promote infringement of intellectual property rights, in particular copyrights, and personal interest, what involves, among others, suggesting methods facilitating infringement of such rights or encouraging such behaviours, (c) propagate ideologies and methods and practices contrary to the idea of the Platform, (d) be of erotic nature or for other reasons be unsuitable for persons under the age of 18, (e) contain threats, incite aggression or contain elements of unlawful violence, (f) contain materials that may be used for unlawful, misleading, malicious or discriminating purposes, (g) evidently contradict the rules of social co-existence, common moral and social norms or rules of “netiquette”, (h) contain vulgarisms and phrases that may in any way violate someone’s dignity, (i) serve matrimonial purposes, (j) promote other websites or other Internet service providers competitive to Flat Finder, (k) propagate hatred based on race, nationality, denomination or worldview-related reasons.

17.3. Upon placement of the Content on the Platform, it is published on the Platform, and for this purpose the Partner grants Flat Finder a license with the right to grant further licenses, without any limitations as to the territory and time, to use and dispose of (which in particular consists in public performance, exhibition, as well as making the Content available in a manner so that anyone may access it where and when they see fit) the entire Content or a part of it, in a scope necessary for provision of the Flat Finder Services, and additionally for the purpose of disseminating the Content in social media of Flat Finder, in this development of derivative works on its basis.

17.4. The Partner is fully and independently liable against Flat Finder, the Clients and third persons for the Content, being mislead by the Content and any other damage resulting from the use or management of the Content. The Partner is also liable for the message conveyed by their Content and its effects.

17.5. Flat Finder is neither responsible for creating backup copies of Partners’ Content, nor liable for Partner’s losing the Content as a result of deletion of the Account.

17.6. Flat Finder does not verify the Content, neither prior to nor after its publication on the Platform. In order to avoid any doubt, it is stated that Flat Finder does not verify, represent or guarantee the completeness, accuracy or reliability of any Content published by means of the Flat Finder Services.

 

18. COMPLAINTS

18.1. The Partner has the right to file a complaint concerning operation of the Platform. A complaint should include at least details enabling identification of the Partner as the complaining person and state reasonable reservations and comments concerning the Flat Finder Services. The complaint should be sent via e-mail to the following e-mail address: reklamacje@flatfinder.pl or to the correspondence address of Flat Finder.

18.2. Flat Finder will consider the complaint within 14 business days, unless the Partner fails to describe the subject matter and scope of complaint in a manner enabling its consideration or failed to provide data enabling their identification.

18.3. In the case referred to above the term for considering the complaint is counted from the date on which the Partner provides Flat Finder with missing information.

18.4. Flat Finder will send a response to the complaint to the e-mail address indicated by the Partner; Flat Finder’s response to the complaint is final and valid.

18.5. The procedure for considering Service complaints, in particular filed by the Clients, is prescribed by the Platform Terms of Use. The Partner is obliged to unconditionally abide by that procedure.

 

19. REPORTING VIOLATIONS AND COMPLAINTS

19.1. Flat Finder provides the Platform and ensures its smooth technical operation, what constitutes the scope of its liability for the Platform and the Flat Finder Services. Flat Finder does not exercise ongoing control over or monitoring of the Content and materials provided by the Partners on the Platform.

19.2. Flat Finder acts with respect to interests and rights of third persons. Therefore, if an action violating rights or interests of third persons is detected, a relevant person should obligatory advise Flat Finder thereon. In the same way such person may also notify Flat Finder on any violation of the Partner Terms of Use or the applicable law.

19.3. Any notification pertaining to acts that infringe any rights or interests should be sent to the e-mail address: reklamacje@flatfinder.pl. In order to facilitate the procedure, the notification should include at least the following information: (a) identification details of the reporting person and an e-mail address, if other than that from which the notification is sent, (b) indication of the Content, other materials or actions that infringe the law along with indication of the infringed law, (c) indication of the place within the Platform where such Content or material is located.

19.4. As a consequence of receiving such notification or official notification, access to the Content or relevant activity as part of the Platform will be prevented and Flat Finder will advise the Partner thereon. Such Partner has 24 (twenty four) hours to take a stance towards the allegation. Then, if the allegation proves justified or the Partner fails to take a stance towards it, then Flat Finder will remove such material, and in the case of considerable violation of the law – it will remove the Account from which such actions were taken.

 

20. LIABILITY OF FLAT FINDER

20.1. Since Flat Finder provides only for access to the Platform and hosting for the Partners, Flat Finder is not liable for any damage resulting from:

20.1.1. Partner’s violation of the provisions of these Partner Terms of Use, in particular providing false data by registering the Account or creating the Account without due authorisation;

20.1.2. Partner’s disclosure of their login or password to their Account to third persons;

20.1.3. activity of malware illegally provided on the Platform by the Partner or third persons;

20.1.4. termination of the Agreement by Flat Finder resulting from a culpable act or negligence of the Partner;

20.1.5. a short-term lack of or disrupted access to the Platform resulting from the necessity to perform reparatory, maintenance or improvement works;

20.1.6. defects and errors in Content, the manner in which the Content is disseminated or effects of use of the Content;

20.1.7. Partner’s publication of Content of unlawful nature, in particular infringing third persons’ rights;

20.1.8. Clients’ acts or omissions, in particular improper use of Services;

20.1.9. content of agreements concluded between the Partners and the Clients;

20.1.10. exclusion from the Platform for reasons beyond control of Flat Finder or attributable to third persons.

20.2. In each case when Flat Finder decides to suspend or limit (as a whole or in part) the provision of the Flat Finder Services to the Partner or decides to terminate the provision of all Flat Finder Services to the Partner, Flat Finder will provide the Partner with the justification for such decision within the following terms:

20.2.1. where provision of the Flat Finder Services is limited or suspended – at least 7 days before the day on which such limitation or suspension becomes effective,

20.2.2. where provision of all Services is terminated – at least 30 days prior to the day on which the provision of the Services is terminated.

20.3. In each case, the justification of the decision referred to in clause 10.2. above will be sent to the Partner’s e-mail address. Such justification will include:

20.3.1. reference to specific facts or circumstances – including content of notifications received from third parties – on the basis of which we made the relevant decision, and

20.3.2. reference to applicable grounds of that decision.

20.4. The Notification Term referred to in clause 10.2. above is not applicable where:

20.4.1. Flat Finder is subject to a legal or regulatory obligation under which it is obliged to terminate provision of its Services in their entirety to the Partner in a manner preventing it from abiding by that notification term; or

20.4.2. Exercises the right to terminate provision of the Services for a superior reason resulting from the domestic law compliant with the EU law;

20.4.3. Flat Finder is able to prove that the Partner has violated applicable provisions of the Terms of Use multiple times, as a result of which provision of the respective Services in their entirety is terminated.

20.5. In any case of limitation, suspension or termination of the Service provision, Flat Finder will provide the Partner with an opportunity to clarify the facts and circumstances within the frames of the internal complaint handling system referred to in clause 11 of the Terms of Use.

20.6. If Flat Finder revokes limitation, suspension or termination of the Services, it will, without undue delay, restore access to them to the Partner, including access to personal data or other data that resulted from the Partner’s use of the relevant Services used before the limitation, suspension or termination came into force. Cancellation of the decision referred to in the preceding sentence may concern in particular cases where the decision was met as a result of mistake or where the violation of the Terms of Use that lead to making such decision had not been committed maliciously and were removed in a satisfactory manner.

 

21. INTERNAL COMPLAINT HANDLING SYSTEM

21.1. The Partner may file a complaint with us in the following cases:

21.1.1. Flat Finder allegedly fails to abide by the Terms of Use and the obligations imposed by Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for the Partners using the Services, what affects the situation of the Partner as the complaining entity;

21.1.2. concerning technological issues that relate directly to the provision of the Services and that affect the Partner as a complaining entity;

21.1.3. concerning the measures applied by Flat Finder or the conduct of Flat Finder that are directly related to the provision of the Services and that affect the Partner as a complaining entity.

21.1.4. A complaint may be filed within 15 days from the date of the alleged violation, by e-mail, to the e-mail address: reklamacje@flatfinder.pl

21.2. Any attempt to reach agreement by means of the Internal Complaint Handling System will not affect the right to initiate legal proceedings at any time during or after the end of the internal complaint handling procedure within the Platform.

21.3. In order to facilitate the Partner’s understanding of the basic types of problems that may arise in the provision of the Services, as well as Flat Finder’s ability to reach a prompt and effective resolution, Flat Finder publishes and reviews information on the operation and effectiveness of the Internal Complaint Handling System at least once a year through its website.

21.4. As part of the Internal Complaint Handling System, Flat Finder will undertake the following actions:

21.4.1. duly analyse the filed complaints and any related follow-up actions necessary to adequately resolve the issue raised in the complaint;

21.4.2. handle complaints quickly and efficiently, taking into account the importance and complexity of the raised issue;

21.4.3. inform the complaining Partner of the outcome of the internal complaint handling procedure, in an individualised manner and using simple and accessible language.

21.5. If the dispute is not resolved through the Internal Complaint Handling System, Flat Finder is ready to try to reach agreement with Partners also by means the mediators referred to in clause 13 of the Terms of Use.

 

22. AMENDMENT

22.1. Flat Finder may amend these Partner Terms of Use, in particular due to material reasons, whether legal (amendment of generally applicable law, or change of the organisational form of Flat Finder) or technical (modernisation of the Platform or the Flat Finder Services, change of the operation manner of the Platform or the Flat Finder Services).

22.2. The Partners will be notified on any amendment of the Partner Terms of Use along with the scope of the introduced amendments via e-mail sent to the address at which the Account is registered 15 (fifteen) days before the new Partner Terms of Use come into effect (“Notification Term”).

22.3. The Partner has the right to terminate the Agreement within the Notification Term, whereby at any time after receiving the notification the Partner may, by means of a written statement or express confirmatory action, resign from the Notification Term.

22.4. If the Partner fails to terminate the Agreement within the Notification Term, then the Partner is deemed to have accepted the Partner Terms of Use in their amended wording without reservations.

22.5. If within the Notification Term the Partner introduces new Offers, this will be deemed an express action aimed at resigning from the Notification Term, save for cases where a reasonable and proportional Notification Term is longer than 15 (fifteen) days, because as a result of amendment of the terms of use of the Services the Partner has to introduce considerable technical adjustments to their goods or services. In such cases, introduction of new Services by the Partner is not regarded as automatic resignation from the Notification Term.

22.6. Flat Finder may introduce amendments to the Partner Terms of Use with immediate effect, without observing the Notification Term, where:

22.6.1. it is subject to a legal or regulatory obligation under which it is obliged to amend the Partner Terms of Use in a manner preventing it from abiding by that notification term;

22.6.2. it is required, by way of exception, to amend the Partner Terms of Use so as to counteract an unpredicted and direct threat connected with protection of online agency services, consumers or Users against frauds, malware, spam, data breaches or other cybersecurity threats.

 

23. FINAL PROVISIONS

23.1. The Partner may contact Flat Finder in the following manner: by calling the phone number: +48 606 828 447; via e-mail at the address: pomoc@flatfinder.pl; via mail at the correspondence address: ul. Św. Barbary 1, 00-686 Warszawa.

23.2. Any disputes arising between Flat Finder and the Partners will be referred to the court with the local jurisdiction over the registered office of Flat Finder.

23.3. In the case of a dispute between Flat Finder and the relevant Partner, Flat Finder is ready to try to reach agreement in connection with the provision of the Services by means of impartial and independent mediators.

23.4. Flat Finder will bear a reasonable share of the total cost of mediation in each individual case. The reasonable portion of such total costs will be determined on the basis of the mediator’s proposal, by taking into account all the relevant elements of the case, in particular, the relative merits of the claims of the parties to the dispute, the behaviour of the parties, as well as a comparison of the parties in terms of size and financial condition.

23.5. Attempts to reach agreement through mediation to resolve the dispute in accordance with the paragraphs above will not affect the right to initiate legal proceedings at any time before, during or after the mediation process, either by the Partner or Flat Finder.

23.6. Upon the Partner’s request, before or during the mediation, we will provide the Partner with information regarding the operation and effectiveness of mediation related to their business.

23.7. If any provision of these Partner Terms of Use proves invalid in part or entirely, then the other provisions will remain effective, whereas the remaining part of the Partner Terms of Use will be interpreted in such a manner so as its legal effect and economic implications to the highest extent correspond to those of the invalid provisions.

23.8. Any matters not regulated in these Partner Terms of Use are governed by the Flat Finder Platform Terms of Use.

23.9 The Partner Terms of Use come into effect as of: 20-09-2023.