Terms & Conditions of Use (May 2020)
General Principles of Use
1. These Regulations set out the rules for the use of services available on the Internet real estate portal noknok.pl
2. The Publisher of the Portal is Nok Media sp.zo.o, registered in Rzaska 30-199, Ul. Pokole 66 entered into the Register of Entrepreneurs of the National Court Register by the District Court for the City of Krakow, Krakow under the number KRS 0000718367 (hereinafter referred to as the “Publisher” ).
3. The Regulations specify in particular:
a) the rules of publishing on the Portal offers for the sale and rental of real estate by natural persons not conducting economic activity related to the sale or rental of real estate;
b) the rules for publishing on the Portal pages of real estate sale and rental offers by legal persons or natural persons conducting business activities related to the sale or rental of real estate (in particular, real estate agencies, developers, housing cooperatives and other business entities selling real estate hereinafter referred to as ” Partners “; Non-professional partners and advertisers described under a) above are also collectively referred to as” Advertisers “;
c) the rules for sending by natural persons using the Portal for purposes unrelated to business operations (hereinafter referred to as ” Users “) information on demand and requests for offers published on the Portal.
4. In these Regulations, the following terms have the meanings explained below:
announcement – means temporary publication on the Portal of information on the sale, purchase, rent, rental or participation in the tender of real estate, products or services related to the real estate market
Partner – means a legal entity or natural person conducting business activity related to the sale or rental of real estate
Advertiser – means a Partner or advertiser not conducting business activity related to the sale or rental of real estate
User – means a natural person with full legal capacity who uses the Portal for purposes not directly related to his business or professional activity.
GDPR – means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC
5. The content of real estate sale and rental offers published on the Portal, in particular their descriptions, may not be contrary to the law, ethical standards and decency in force in Poland. Offer descriptions may not contain advertising content, including advertisements for companies, products, websites or other websites, without express written approval of the Publisher. In the event of a violation of this prohibition, the Publisher has the right to refuse publication or removal.
6. The Publisher is not responsible for the content or timeliness of published offers. The Publisher is not responsible for the results of providing incorrect or outdated or incomplete data by the Advertiser (including the Advertiser’s contact details). The Advertiser is solely responsible for the content of published offers and the effects of providing incomplete, outdated or untrue information.
7. The Publisher reserves the right to make editorial corrections to the content of offers published on the Portal, as well as to place within the content of the offer (without interfering with its content) advertising or a link to the website partner’s website, which due to its content may be of interest to the recipients of the offer, including advertisements or websites of financial intermediaries, credit institutions, transport companies or entities from the interior finishing industry.
8. Advertisers acknowledge and agree that the publication of an offer on the Portal is tantamount to making the Advertiser’s contact details public in the announcement in order to enable the transaction. Advertisers acknowledge and consent to the Publisher conducting any advertising activities regarding the published offer or offer, using all available media (media).
9. All actions aimed at misleading Portal Users, in particular deliberate providing false data in offer descriptions – e.g. underrated prices, re-entering the same offers with other numbers in order to mark them in the portal with the symbol “New” and all other actions which, in the opinion of the Publisher, cause deterioration of the quality of the Portal and its opinions among Users, are prohibited. Conducting such activities entitles the Publisher to refuse to publish offers that violate the Regulations, and in special cases to terminate the contract for the publication of offers / offers immediately.
10. Providing the Advertiser’s contact details in fields other than the one intended for this purpose or placing a logo in the place intended for a photo of the property is prohibited. Violation of this prohibition entitles the Publisher to refuse to publish an offer.
11. The Publishers’s liability for malfunctioning of the offer posting system, non-publication or partial non-publication of the offer / offers or other technical defects is limited to the amount of the fee incurred by the Partner for the publication of the offer / offers. The above limitation of liability does not apply to consumers.
12. The use of services available on the Portal and published data for purposes other than related to the purchase / sale / rental / rental of real estate, in particular copying, collecting, processing and disseminating data, is prohibited. The Publisher is not responsible for any breach of this prohibition by third parties.
13. The Publisher is not liable to the Partner for interruptions in access to the Portal caused by telecommunications links failures. The above limitation of liability does not apply to consumers.
14. All complaints regarding services provided by the Portal should be submitted in writing and sent by registered mail to Nok Media sp.zo.o at their registered address or by e-mail to the following address: [email protected] Complaints will be considered within 21 business days of receipt. The person submitting the complaint will be informed in writing about how to deal with it.
II Rules for the publication of offers by the Portal’s Partners
1. The publication of offers for the sale and rental of real estate offered by Portal Partners is made on the basis of a mandate contract concluded between the Publisher and a Partner via e-mail or other means of distance communication. The order agreement is concluded in Warsaw as soon as all the terms and conditions of the order are agreed between the Parties. The Publisher sends the Partner confirmation of the conclusion of the contract and a copy of the contract containing the agreed parameters of the order to the e-mail address provided by the Partner. Conclusion of the mandate contract is tantamount to confirmation by the Partner that he knows, understands and accepts the terms of cooperation set out in these Regulations.
2. By concluding the order agreement, the Partner entrusts the Publisher with the processing of personal data entered by the Partner into the Portals in order to perform services. The conclusion of the order agreement is tantamount to confirmation by the Partner that he knows, understands and accepts the rules for entrusting the processing of personal data.
3. The rules for publishing offers are regulated in the General Rules section of these Regulations.
4. Unless the contract between the Publisher and the Partner provides otherwise, the Portal Partner agrees to the Publisher’s promotion of offers published on the Portal through any other media (press, radio, television, other) and agrees to change the presentation method and make studies photos and visualizations included in the offer in a way that does not affect their integrity and purpose.
5. Payments for publishing Partners’ offers are based on VAT invoices. Conclusion of the service order agreement is tantamount to confirmation by the Partner that he is an active VAT payer, unless the Partner explicitly stated otherwise in the order. Invoices are issued without the signature of the issuer and recipient. Invoices are sent electronically to the e-mail address provided by the Partner in the order agreement; made available for download in the Partner’s administrative panel or delivered in writing via the postal Publisher to the correspondence address provided by the Partner.
6. In the event of late payment of the invoice by the Partner, the Publisher will charge interest at the statutory rate for delay. In the event of arrears in the payment of invoices exceeding one month, the Publisher has the right to:
a) immediately ceasing to provide services to the Partner, based on all active orders, until settlement of arrears;
b) crediting the amount paid by the Partner to the subscription for services for future periods, to the amounts due for overdue invoices (in order: costs of calls for payment; interest for delay; main payment), with the effect of the earlier termination of the subscription period.
7. Publication of direct advertisements by Partners is prohibited. Violation of this prohibition entitles the Publisher to stop providing services to the Partner immediately.
8. Publication of direct advertisements on the Portal, carried out as part of the activities in the field of advertising mediation, is only allowed with the consent of the Publisher on the terms individually agreed with the Partner.
9. The amendment, addition or termination of the mandate contract shall take place in the form in which the contract was concluded.
10. At the Partner’s request, the Publisher shall provide a copy of the order agreement in writing. Unless the contract with the Partner provides otherwise, sending a commission contract in writing does not change the rules for concluding, completing and terminating the order specified in these Regulations.
III. Rules for publishing and submitting offers and queries via the forms available on the Portal
1. The Portal pages contain forms that allow you to do the following:
a) publishing on the Portal an offer to sell or rent real estate and an offer to buy or rent real estate (publication),
b) sending to the Advertiser a request for a specific offer presented in the Portal (request for an offer).
Publication of the offer (applies to Advertisers who are not Partners of the Portal)
2. Publication of the offer on Portal pages by an Advertiser who is not a Portal Partner requires that the fields in the “add offer” or “submit what you are looking for” form are available on the Portal pages.
3. After completing the form, please pay the fee according to the current price list for publishing the offer. Payment can be made by credit card (payment), e-transfer, transfer or transfer from any bank, while using the selected payment method is tantamount to consenting to the Publisher’s processing of personal data regarding the person making the payment, to confirm its payment. The publication of the offer on the Portal takes place after receiving confirmation of the correct course of the transaction.
4. The contract for ordering publication of the offer on the Portal shall enter into force on the day of making the above payment and is confirmed by e-mail sent to the address entered by the Advertiser in the application form.
5. The waiting time for confirmation of the correctness of online payment is no more than 3 days.
6. Publication of the offer on the Portal may automatically result in sending this offer for information to real estate offices cooperating with the website.
7. The publication period of the offer on the Portal is 365 days. The advertiser may withdraw his offer at any time by clicking on the link in the e-mail received previously as confirmation of adding the offer on the Portal.
8. After the publication period, the offer becomes inactive and invisible to Portal Users. If the Advertiser does not activate it within 90 days, the offer will be removed from the database.
9. By submitting a sale or rental offer, the Advertiser declares that he is the owner of the property being the subject of the submitted offer or is entitled to dispose of the real estate under the other legal title.
10. One offer published on the Portal in the sales or rental department may relate to the sale or rental of only one property.
11. In the event of incorrect completion of the “add offer” fields, the Publisher has the right to refuse to publish an offer or to remove it.
12. Relating to the promotion of, particularly, but not exclusively to, “House Swap” and “Short Term Letting”, The Publisher takes absolutely no responsibilities for any activity that occurs outside of the confines of the portal and any agreements or offers made between parties is private and separate from the Publisher.
14. The User interested in the offer presented on the Portal may submit a query regarding this offer directly to the Advertiser, using the functionality available on the Portal.. In order to initiate contact with the Advertiser, the User should correctly complete the fields in the form available under the offer of interest and press the “send” button.
15. The use of the functionality described in item 14 above by the User is tantamount to sending by him information about the interest in the offer, together with personal data entered by the User in the provided form, to the Advertiser publishing the given offer.
16. The User submitting a request for an offer undertakes not to send to the Advertiser publishing a given offer information of an advertising nature or commercial information whose intention is to encourage the Advertiser to stop using the Portal or to use the services of another website of a similar nature to the Portal.
17. The Publisher is not responsible for the content or timeliness of information sent by Users using the “offer query” functionality. The Publisher is not responsible for the consequences of providing false, outdated or incomplete data by the User (including User’s contact details).
18. The Publisher is not responsible for the course of contacts between the User and the Advertiser initiated by the User using the functionalities available on the Portal.
IV. Fees for publishing offers on the Portal
1. The amount of fees for publishing individual offers on the Portal is given in the price list.
2. In the case of individual offers placed by Advertisers who are not Partners of the Portal, fees for publication of ads are charged in advance. The service is commenced after 14 days from the date of the Advertiser’s conclusion of the contract (deadline for the Advertiser – the consumer to withdraw from the contract), unless the Advertiser wishes to start providing the service before his withdrawal period.
3. The fee for publishing on the Portal offers for the sale and rental of real estate by the Portal Partner is specified individually in the contract concluded with the Partner.
4. The Publisher does not charge commission on transactions initiated via the Portal, unless a separate agreement concluded with the Partner states otherwise.
5. The Publisher has the right to change the rules for settling subscriptions, the amount of the agreed subscription fee and fees for additional services. The Publisher will inform the Partner via e-mail or post at least one month in advance about the changes and the dates of their entry into force. Until the entry into force of the new fees, the Partner has the right to terminate the contract with one month’s notice. During the notice period, the existing terms of cooperation shall remain valid. Failure to submit a declaration of termination of the contract shall be deemed to be acceptance of the change in the amount of the fees.
6. Fees over the period of the contract are applied as follows.
50 % of the annual subscription fee is applied to the first 30 days of the promotion on the portal. The remaining 50% is applied to the remaining 335 days (adjusted for leap years). In the event of a refund being demanded due to the withdrawal from the contract by a Partner, any amount will be calculated on this basis.
VII. Terms of withdrawal (applies to Advertisers who are consumers)
1. Advertiser – the consumer has the right to withdraw from the contract, which he can implement within 14 days of its conclusion. During this time, the service will not be provided, unless the Advertiser agrees to its implementation before the deadline.
2. The Advertiser has the right to withdraw from the contract without giving a reason by submitting an appropriate statement in writing or in documentary form. To meet the deadline, it is enough to send a statement before the deadline indicated in paragraph 1 above, containing the name, surname, address, telephone number, e-mail address of the Advertiser and the number of the advertisement to which it relates.
3. The Advertiser should send a statement of withdrawal from the contract to the registered address of Nok Media sp. zo.o or by e-mail to the address: [email protected] After the Advertiser sends the said statement, Nok Media sp. z o. o. will immediately send confirmation of receipt of the declaration of withdrawal to the e-mail address indicated in the statement.
4. Services provided by the Publisher may be performed before the deadline to withdraw from the contract referred to in paragraph 1 only on the basis of the consent given by the Advertiser.
5. After the consent referred to in para. 4 above, the Advertiser retains the right to withdraw from the contract, however he will be obliged to bear the costs of the service rendered in proportion to its scope.
6. In the event of successful withdrawal from the contract, the Advertiser’s personal data will be deleted within the time limit set in accordance with the provisions of Chapter VIII point 12 of the Regulations.
1. When using the Portal, the User may be asked to provide some of his personal data, such as name, surname or e-mail address. Providing personal data is always voluntary, however, refusing to provide data or providing incorrect personal data may result in the lack of availability of some services or functionality of the Portal.
2. A detailed description of the purpose for which personal data are or may be collected remains indicated in the content of the consent clause. Portal Users’ personal data may be processed in order to:
a) constant monitoring of the quality of services provided by the Portal Publisher;
b) sending the newsletter;
c) sending marketing information by e-mail or SMS;
d) sending commercial information by e-mail or SMS;
e) publication of the offer;
f) sending recommended real estate offers;
g) contact regarding the appointment with a credit expert.
3. The administrator of personal data of Portal Users within the meaning of art. 24 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (hereinafter referred to as “GDPR”) , is Nok Media Sp. z o. o. with headquarters at ul. Polkole 66, 30-199, Krakow (hereinafter referred to as the “Administrator”).
4. The User has the right to access the data content and rectify, delete, limit processing, as well as the right to object, the right to transfer data, the right to withdraw consent at any time without affecting the lawfulness of processing. Users may exercise the above rights in the form of a written statement addressed to the Administrator’s correspondence address indicated above, or by email to the address [email protected]
5. At the same time, by selecting the appropriate check box, the User declares that the personal data is true and pertains to the User.
6. The personal data provided may be changed by the User using the Portal’s user panel or before the administration of the Portal at the User’s request.
7. For some services, personal data provided by the User (Advertiser) will be publicly available to other Portal Users, unless the User indicates otherwise.
8. The Administrator is not responsible for Users’ descriptions, opinions and comments published on the Portal. They remain the property of their authors and may be modified or removed at the User’s request.
9. For some services, the Administrator sends notifications to the e-mail address provided by the User about the next stages of the service. The User may at any time opt out of such notifications.
10. The data is not subject to disclosure to third parties without the explicit consent of the data subject. The above provision does not apply to disclosure of data at the request of institutions that are authorized to receive data by law.
11. The data is not transferred to a third country or international organization without the express consent of the data subject.
12. Personal data is stored for a period not longer than the limitation period for claims which may be due to the data subject in connection with the use of services offered on the Portal. If the data is processed solely to ensure the quality of the Portal’s services, the data storage period is 24 months.
13. The User is entitled to lodge a complaint to the President of the Office for Personal Data Protection in the event that it is considered that the processing of personal data concerning the User violates the GDPR.
14. The data provided are processed on the basis of art. 6 clause 1 point a), b) and f) GDPR.
15. Contact to the data protection officer in Nok Media Sp. zo.o email: [email protected]
16. The Administrator is not responsible for personal data sent by Users via the contact form directly to Advertisers. The decision to enter data into the Portal, select the Advertiser, the scope of transmitted data and initiate sending the data to the Advertiser, remains solely the responsibility of the User submitting the data.
IX Final Provisions
The Publisher reserves the right to change the Regulations and the Price List. Users will be informed about the content of the proposed changes by posting them on https://noknok.pl/packages/ for a period of at least 14 days before the date of entry into force of the proposed change.
Amendments to the Regulations and the Price List shall enter into force 14 days after they are announced.