§ 1 Preliminary Provisions
1. The Rules define the principles on the basis of which the Operator provides services to Service Users enabling them participation in the QUERCO PROPERTY Service.
2. The condition of obtaining access to the QUERCO PROPERTY Service functionalities is using a device able to communicate with the Internet and equipped with a commonly used web browser.
§ 2 Definitions
1. QUERCO PROPERTY Service – a website intended to help Users search for the best offers on the commercial real estate market.
2. Advertisement – a property advertisement created by the Operator.
3. Operator – QUERCO PROPERTY LLC based in Gdańsk, Dmowskiego 12, 80-264 Gdańsk, KRS 0000563856, NIP 5833181034.
4. User – a person who is over 18 years of age, has full capacity to perform acts in law and has opened the Account consistently with these Rules.
5. Account – part of the QUERCO PROPERTY Service assigned to the User, identified by a username, with the help of which the User may perform certain activities under the Service.
6. Rules – these Rules.
§ 3 General Terms and Conditions of Using the Service
1. Advertisements shall be created by the Operator. The content of any Advertisement has to be consistent with factual circumstances.
2. The Operator shall make efforts to publish and maintain the Advertisement in the Service so that it is possible for the User to take part in the QUERCO PROPERTY Service.
4. The User agrees to use their true given name(s) and surname.
§ 4 User Account
1. Creation of an account in the QUERCO PROPERTY Service requires acceptance of the Rules and creation of the Account.
2. Activation of the Account by the User takes place after indication of the User’s e-mail address, Username, Company name, Phone number and after verification made by Operator.
3. The Operator reserves the right to refuse access to the website without giving a reason.
4. Creation of the Account is tantamount to acceptance of these Rules by the User.
5. The User may have and use only one Account in the Service.
6. The User may remove the Account by choosing the appropriate option or by sending their respective representation by e-mail to the following address: email@example.com
§ 5 Rights and Restrictions
1. We may change the way services are provided by the QUERCO PROPERTY Service or stop running it. We cannot undertake to store or permanently display the information and contents published by the Operator.
2. We may, at our discretion, change, suspend or discontinue functioning as such or the principles of functioning of the QUERCO PROPERTY Service. To the extent required by the law such changes may come into life upon notification of the User.
3. The Operator does not provide any data storage services. The User agrees that QUERCO PROPERTY does not undertake to store, preserve or provide copies of any contents and
information provided by the User or other persons.
4. QUERCO PROPERTY reserves all and any intellectual property rights to the QUERCO PROPERTY Service. For example QUERCO PROPERTY logo and other QUERCO PROPERTY trademarks, service marks, graphics and logos used in connection with QUERCO PROPERTY are the trademarks or registered trademarks of QUERCO PROPERTY. Other trademarks and logos used in connection with the QUERCO PROPERTY Service may be trademarks of respective owners.
§ 6 Complaint Procedure
1. The User may report complaints concerning non-performance or ill-performance of services by the Operator.
2. Complaints may be reported by e-mail to the following address: firstname.lastname@example.org
3. If any data or information provided in a complaint need to be supplemented, prior to processing a complaint the Operator shall refer to the User with a request to supplement
missing data or information.
4. The Operator shall consider a complaint within 14 days from the date of receipt of a correctly submitted complaint notification. The User shall be e-mailed, to the address assigned to the User’s Account, information on the outcome of the complaint processing.
§ 7 Limitation of Liability
1. To the extent permitted by the law, QUERCO PROPERTY and entities co-operating with QUERCO PROPERTY for the purpose of providing services relinquish all and any implied
guarantees and representations and do not guarantee that services provided will be free of disturbances or errors.
2. To the extent permitted by the law, QUERCO PROPERTY and entities co-operating with QUERCO PROPERTY for the purpose of providing services shall not be liable to the User and other persons for direct damages, random damages, loss of data, loss of reputation, loss of profits in connection with the use of the QUERCO PROPERTY Service.
3. Limitation of liability is part of the basis of concluding an agreement between the User and QUERCO PROPERTY and it refers to all and any liability claims which may be based for example on a guarantee, a tort, an omission, an agreement or the law, also if QUERCO PROPERTY has been informed about a possibility of suffering such a loss and remedies prove insufficient.
§ 8 Notification
1. The User agrees for our website, mobile applications and e-mail messages to be used for notifying them about significant issues. This Agreement refers to mobile applications, too. The User also agrees for QUERCO PROPERTY to make certain additional information available.
2. If any contact information given by the User is invalid such notifications may not reach the User.
3. The User agrees for us to make notifications (1) by means of a notification banner displayed in the Services or (2) by sending e-mail messages to the address named by the User or (3) by other means of communication such as a cellular phone, landline phone or regular mail. The User agrees to keep their contact information updated.
4. The User should check their settings with QUERCO PROPERTY to be able to control the type of messages received from us.
§ 9 Final Provisions
1. The Rules are available in the QUERCO PROPERTY Service. At the User’s request the Rules may be sent electronically.
2. The Operator shall advise the User of all and any changes of the Rules by placing respective information in the website of the QUERCO PROPERTY Service. Such changes shall be effective by the time indicated by the Operator, not less, however, than seven days from the day of placing such information in the website of the QUERCO PROPERTY Service.
3. Unless the unconditionally applicable legal regulations are provided the whole agreement between the User and the Operator shall be governed by the Polish law.
4. This Agreement may be terminated by both parties at any time.
5. QUERCO PROPERTY or the User may terminate this Agreement at any time by notifying the other party. After termination of the Agreement the User shall lose the right to access and the right to use the QUERCO PROPERTY Service. These provisions shall remain in force after termination of the Agreement:
a) Our right to use and publish opinions provided by the User.
6. No action undertaken by us in case of violation of any provisions of the Agreement shall mean that QUERCO PROPERTY relinquishes its rights to enforce performance thereof. The Use can neither assign nor sell this Agreement (or membership or using of the QUERCO PROPERTY Service) to another person without our consent. However, the User agrees for QUERCO PROPERTY to assign, without the User’s permit, this Agreement to QUERCO PROPERTY affiliates or to a party which buys it. No third party shall be a beneficiary of this Agreement.
7. We reserve the right to introduce changes to the terms and conditions of this Agreement of which the User shall be notified and we agree that such changes shall not take effect retroactively. If the User does not agree with changes introduced they need to stop using the QUERCO PROPERTY Service.
8. The User agrees that the only way of delivering any legally binding information to us is by sending it to the Operator’s address.