COMPARABLES.PL Web Portal - Rules and Regulations
I. General Provisions
1. The web portal www.COMPARABLES.PL was created by the company Comparables.pl Sp. z o.o. (“COMPARABLES.PL”) with its registered office in Warsaw, at Grzybowska 2/42, Warsaw, entered into the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw under KRS number 364690, share capital PLN 61,000, paid up in full, tax identification number NIP 52113578317, REGON number 142528171.
2. The web portal is an Internet website providing access to the commercial real property data base and the data base of transactions involving commercial real property located in Poland ("Web Portal"). COMPARABLES.PL renders services consisting in collecting, archiving, storing and presenting information about the market of selected commercial real property located in Poland.
3. Only persons who have accepted the provisions of these Rules and Regulations, signed the appropriate agreement with the Company and made the subscription payment ("Subscription Payment") can become subscribers of the website WWW.COMPARABLES.PL (“Subscribers”).
4. COMPARABLES.PL enables Subscribers to acquaint themselves with the contents of the websites belonging to the Web Portal within the period specified in the agreement signed with the Subscriber ("Subscription Agreement") on conditions specified in these Rules and Regulations and in the Subscription Agreement.
5. Each and every Subscriber is provided with an account on the Web Portal server (“Account”) which enables using the Portal. The Subscriber’s personal data and information about the Subscriber’s activity within COMPARABLES.PL, as well as the history of transactions and data viewed within the Portal by the Subscriber are stored in the Account. The Account is set up according to the procedures described in these Rules and Regulations. The Rules and Regulations are also available at the Web Portal. In order to establish an Account, it is necessary to have an active e-mail account.
II. Application for Registration
1. In order to register a natural person not pursuing business activity and intending to use the Web Portal as a Subscriber, it is necessary to submit a registration application including the following data:
a. Name and surname,
b. Address details,
c. Active contact e-mail address,
d. Personal Identification Number PESEL,
e. mobile phone number,
f. other data indicated by COMPARABLES.PL.
2. In order to register a business entity intending to use the Portal as a Subscriber, it is necessary to submit a registration application including the following data:
a. full company name,
b. Address details,
c. Active contact e-mail address,
d. REGON number,
e. Tax Identification Number NIP,
f. mobile phone number,
g. other data indicated by COMPARABLES.PL.
3. The business entity can apply for registration only through a person entitled to carry out all registration activities and exercising all rights and obligations on behalf of and to the benefit of the business entity.
4. Submitting the application enables registration. It does not grant access to Web Portal data, but enables registering and verifying the entities intending to use the Web Portal as Subscribers.
III. Subscriber Registration and Activating Subscriber Account
1. In order to complete registration at the www.COMPARABLES.PL Web Portal, it is necessary to fill in the appropriate fields in the form and mark the fields containing relevant information basing on the information received after setting up the account.
2. After completing and verifying the data included in the registration form, a message including the instructions for making the subscription payment is sent to the e-mail address provided during registration. The Company shall issue a VAT invoice, which shall be sent by post to the address provided by the Subscriber. The agreement between the Subscriber and COMPARABLES.PL enters into force upon receiving subscription payment confirmation. The subject matter of the agreement is constituted by services rendered by COMPARABLES.PL on conditions specified in these Rules and Regulations and the Subscription Agreement.
3. An Account is set up and ascribed to the name (login) entered into the registration form after correct completion of the process of registering at COMPARABLES.PL, The Subscriber obtains access to the Account after entering the COMPARABLES.PL Web Portal, providing the name (login) and establishing the password. The Account contains the data entered by the Subscriber into the registration form.
4 Registration at COMPARABLES.PL may require verification of Subscribers’ data. Verification is carried out prior to completing the registration process and enabling website use. Comparables.pl reserves the right to suspend Account registration if the subscription payment transfer details vary from the data provided during Account registration until explanations are provided.
5. In order to obtain access to the services rendered by COMPARABLES.PL, Subscribers are required to transfer the annual subscription amount. The subscription amount is specified in Appendix 1 to the Rules and Regulations. The payment is collected within settlement periods covering one calendar year. After the lapse of each settlement period, Subscribers are automatically informed about the necessity to make the subscription payment. Subscribers are required to make the payments within 14 days from the date of sending the information about the liability. If Subscribers fail to make the payment on time, their Subscriber Accounts shall be blocked, and the Subscription Agreement shall not be binding to the Parties.
6. Subscribers may access the Web Portal through one IP address assigned to the given Subscriber.
7. COMPARABLES.PL reserves the right to periodically block Accounts or access to selected COMPARABLES.PL services, if Account security is at risk. COMPARABLES.PL may make further use of the Subscriber Account contingent upon altering the Account password or providing explanations regarding the use of the IP address assigned to the Subscriber.
8. If the Subscriber is a consumer meeting the definition specified in article 22(1) of the Act of 23 April 1964 – Civil Code, then the Subscriber may terminate the agreement without providing justification within 10 days from the date of the Agreement’s entering into force, by way of submitting the appropriate statement in electronic form or in writing. Had the Subscriber performed any activity within the Account, the Subscriber shall not have the right to withdraw from the Agreement.
IV Subscriber Liability
1. Subscribers are not entitled to use Accounts of other entities or make their Account available to other entities.
2. Subscribers must keep Account passwords confidential. If Subscribers receive information that the password has been disclosed by other entities, they are obliged to immediately notify COMPARABLES.PL. Subscribers shall be liable for all activities performed in the Subscriber Account until the Account is blocked by COMPARABLES.PL on the basis of the notification.
3. The Subscriber Account cannot be sold. In special cases, COMPARABLES.PL might consent to transferring the Account to a different entity by issuing a written statement.
4. Subscribers shall not perform activities detrimental to COMPARABLES.PL. This includes especially using the contents of the Web Portal websites to create other data bases, including data bases operating according to rules similar to those of the Web Portal or other Portals functioning on the real property market in Poland and abroad.
5. COMPARABLES.PL may suspend Subscriber Accounts for fixed or indefinite periods of time, if the activities of the Subscribers constitute a violation of the Rules and Regulations, affect the image of COMPARABLES.PL or are in any other way detrimental to COMPARABLES.PL or, in justified cases, if it is necessary to perform additional data verification mentioned in point II. Irrespective of whether the Account is suspended or not, the Subscriber bears full responsibility for the activities constituting the basis for suspending the Account. This includes especially full insurance liability towards COMPARABLES.PL.
6. In the case of breaching the Rules and Regulations, Subscribers may be denied access to Web Portal websites, and shall not be entitled to subscription payment return – neither in full or in part. Subscribers shall be notified about this via e-mail. Apart from denying access to the portal, COMPARABLES.PL might demand that the Subscriber pays the contractual penalties specified in the Subscription Agreement.
7. Accounts contain the data entered by Subscribers into the registration form. Subscribers shall be obliged to notify the Company of any change of any of the data by way of submitting the appropriate form available on the relevant COMPARABLES.PL website.
V Exclusion and Limitation of Liability of COMPARABLES.PL
1. The COMPARABLES.PL website is of informative character and serves the purpose of presenting the contents of the Web Portal.
2. COMPARABLES.PL is not a party to the transactions carried out between Subscribers and entities whose data has been entered into the Web Portal. COMPARABLES.PL shall not be liable for the activities of Subscribers and the consequences of the activities of Subscribers and third parties.
3. Data and information provided on Web Portal websites serve solely informative purposes and are based on sources which COMPARABLES.PL considers to be reliable and tested. Due to the possibility of errors or unforeseen circumstances beyond the control of COMPARABLES.PL, COMPARABLES.PL shall not bear liability for the credibility, usefulness and completeness of the data and information for specific activities of the Subscribers.
4. The risk connected with using information presented on the Portal websites is borne solely by Subscribers. COMPARABLES.PL shall not be responsible towards Subscribers or third parties on account of damages, both direct and indirect, connected with using information made available on Web Portal websites.
5. COMPARABLES.PL shall not bear liability for advertisements of third parties presented on Web Portal websites.
VI Intellectual Property
1. Proprietary rights to the Portal and its elements, including contents, photographs and graphic images, as well as the layout of these elements, are held by COMPARABLES.PL.
2. Using text or graphic materials, photographs, applications and data bases or other elements of the Web Portal are not tantamount to the Subscriber's purchase of any rights to the elements of the Web Portal or the data bases of the Web Portal. It is strictly prohibited:
a) for Subscribers to use graphic elements and layout, including marks held by COMPARABLES.PL, except for situations explicitly stated in the Rules and Regulations or upon the written consent of COMPARABLES.PL.
b) to carry out the following activities, especially for commercial purposes: copying, modifying or transmitting Web Portal elements in electronic or any other form, with the reservation that it is possible to report data for modification by way of submitting the contact form and reporting record updates in the data base.
c) to disseminate downloaded materials, also for informative purposes, in public and private IT networks, in the Internet, the press, radio, television or in any other way, so as to enable access to materials at a time and place selected by Subscribers.
d) to download contents of data bases and repeatedly use all or part of the data base.
3. The information contained in Web Portal websites cannot be copied or disseminated in any form or way without the written consent of COMPARABLES.PL. Printing, copying and any other forms of using materials constituting part of the Web Portal may be carried out solely for non-commercial purposes or for own use.
4. All trade names included in the COMPARABLES.PL website constitute legally protected trademarks and can be used only upon written consent of COMPARABLES.PL. Using trademarks of COMPARABLES.PL and third parties presenting their advertisements on COMPARABLES.PL is strictly prohibited without prior written consent.
VII Final Provisions
1. COMPARABLES.PL has the right to change or withdraw part or all of the contents of the Portal without notifying Subscribers in advance.
2. COMPARABLES.PL reserves the right to shut down the Web Portal, in whole or in part, in order to introduce improvements, add new services or perform maintenance, without prior notification.
4. COMPARABLES.PL reserves the right to amend the Rules and Regulations at any time by way of publishing a notification on Web Portal websites. The amendments shall enter into force within the time period specified by COMPARABLES.PL or upon publication on the COMPARABLES.PL website.
5. These Rules and Regulations shall enter into force on 31 July 2011.