Before starting the use of the Website http://homefree.eu/ the Clients are obliged to read carefully the Regulations.
REGULATIONS OF WEBSITE HTTP://HOMEFREE.EU/
General provisions
Definitions
Type and scope of electronic services
Terms of providing services and concluding contracts for provision of electronic services
Terms of termination of contracts for provision of electronic services
Mode of complaint procedure
Intellectual property
Responsibility
Final provisions.
I. GENERAL PROVISIONS
The Website operating at the address http://homefree.eu/ is run by HOME FOR FREE LIMITED LIABILITY COMPANY entered into the register of entrepreneurs kept by the District Court in Częstochowa, XVII Economic Department of the National Court Register under the KRS number: 0000661185, NIP: 5751891663, REGON: 366455607, address of the place of business and address for service: ul. Miarki 15/3, 42-700 Lubliniec, electronic mail address (e-mail): info@homefree.eu.
The http://homefree.eu/ Website is operated acc. to principles stipulated in these Regulations.
The Regulations stipulate the types and scope of electronically provided services by the http://homefree.eu/ Website, the principles of provision of the services, terms of conclusion and termination of contracts for provision of electronic services, and also the mode of the complaint procedure.
As soon as the steps are taken to make use of electronic services provided by the http://homefree.eu/ Website, each Client shall be obliged to observe the provisions of these Regulations.
The Website and the Service Provider do not sell any services or products presented on the Website.
The Website shall not be a party to legal relations between the Clients, resulting from and directly related to the advertisements placed.
The Clients shall be responsible for the effects of default in or inadequate performance of their mutual obligations.
The Service Provider shall not be responsible for lack of interest or lack of response to the placed advertisements.
It is the Bidder’s obligation that any descriptions of advertised objects and services presented on the Website and their availability are up-to-date and in accordance with the actual state.
On the Website there is absolute ban on displaying and sale of objects the possession of which is prohibited pursuant to the generally applicable law, in particular intoxicants, firearms, cultural goods, national heritage goods, and objects purchased unlawfully, i.e. stolen and other objects prohibited by the generally applicable law.
On the Website there is absolute ban on providing services prohibited by the generally applicable provisions.
All trade names, names of products, companies and their logos used on the Website at the address http://homefree.eu/ belong to their owners and shall be applied exclusively for identification purposes. They may be registered trademarks. All materials, descriptions and photos displayed on the Website at the address http://homefree.eu/ shall be used for information purposes.
To all matters not settled by these Regulations the provisions of the Civil Code, the Act on Consumers Rights dated May 30th 2014 (Journal of Laws 2014, item 827), the Act on Copyright and Related Rights of February 4th 1994 (Journal of Laws No 24, item 83, as amended), the Act on Rendering Electronic Services dated July 18th 2002 (Journal of Laws No 144, item 1204, as amended) and other relevant provisions of the Polish law shall apply.
II. DEFINITIONS
The AUTOR – the Client, who sends a photo or other contents with the intention to post on the web page http://homefree.eu/ and accepted the contents of the Regulations.
REGISTRATION FORM – a form available on the Website that allows to create an account. The Registration Form allows to create an Account appropriate for the specific User.
FORM FOR POSTING ADVERTISEMENTS - a form available on the Website that allows to post advertisements on the Website.
ACCOUNT – designated by an individual name (login) and password indicated by the User, a collection of resources in the ICT system of the Service Provider, where the User’s data are collected. The Account shall be activated following a positive verification of the User and data placed in the Registration Form.
CONSUMER – a natural person who makes a legal transaction unrelated directly to its business or professional activities with the Entrepreneur.
LICENCE - a licence agreement as defined in Section 5 of the Act on Copyright and Related Rights of February 4th 1994 (Journal of Laws No 24, item 83).
BIDDER – the Client who makes use of the Electronic Service consisting in posting advertisements on the Website.
REGULATIONS – these Regulations of the Website.
The WEBSITE - the website of the Service Provider operating at the address http://homefree.eu/.
The SERVICE PROVIDER - HOME FOR FREE LIMITED LIABILITY COMPANY, KRS number: 0000661185, NIP: 5751891663, REGON: 366455607, address of the place of business and address for service: ul. Miarki 15/3, 42-700 Lubliniec.
The CLIENT / USER – a natural person, legal entity or an organizational unit without legal personality, using the Electronic Service, to that legal capacity is vested by the Act.
ELECTRONIC SERVICE - service provided by electronic means by the Service Provider in favour of the Client through the Website.
BROWSER – electronic service made available to Clients by the Service Provider, facilitating search for specific advertisements or contents based on criteria indicated by the Client (using filters).
III. TYPE AND SCOPE OF ELECTRONIC SERVICES
running the Account,
posting advertisements with photos,
using the browser,
posting commercials.
Providing Services to Clients on the Website shall take place on terms stipulated in the Regulations.
The Service Provider has the right to post commercials on the Website. These contents shall be an integral part of the Website and the materials presented therein.
IV. TERMS OF PROVIDING SERVICES AND CONCLUDING CONTRACTS FOR PROVISION OF ELECTRONIC SERVICES
Providing Electronic Services stipulated in section III, clause 1, letter a) and c) of the Regulations by the Service Provider shall be free of charge.
Providing Electronic Services stipulated in section III, clause 1, letter d) of the Regulations by the Service Provider shall be chargeable according to the selected options, as appropriate, and pursuant to the Website price list.
The period for which a contract is concluded:
a Contract for providing Electronic Services consisting in running an Account shall be concluded for indefinite time,
a Contract for providing Electronic Services consisting in posting advertisements on the Website shall be concluded for definite time and shall be terminated as soon as the period has elapsed.
The Service shall not be renewed automatically.
In case of changes in the Regulations the service started for a posted advertisement shall be provided on the current principles. If the validity of the advertisement expires, its renewal shall be in compliance with the changes in the Regulations after they were approved by the Client.
The User placing advertisements shall make every effort to keep the data posted updated.
a Contract for providing Electronic Services consisting in using the Browser, shall be concluded for definite time and shall be terminated as soon as the User ceases to use the Service.
a Contract for providing Electronic Services consisting in posting commercials shall be concluded for definite time, it requires signing a separate contract in written form, and it shall be terminated as soon as the specific period has elapsed. In connection with the intention to post commercials on the Website, the User shall choose the category and size of the commercial, its location and time of publication on the Website. Posting commercials shall be done after paying a fee for the entire publication period and after verification of their contents by the Service Provider.
Technical requirements necessary for working together with the ICT network applied by the Service Provider:
a computer with internet access,
access to electronic mail,
a browser,
activating cookies and Javascript in the browser.
The Client shall make use of the Website in compliance with the law and good manners, having in mind respect for personal rights and intellectual property rights of third parties.
The Client shall enter data compliant with the actual state.
The Client shall observe the ban on providing illegal contents.
The Service Provider reserves the right to refuse publication, edition or deletion of contents, including advertisements, commercials and photos, the character of which may violate the provisions of the Regulations or provisions of generally applicable law, in particular if they contain items:
generally recognized as offensive or rude,
racist contents,
pornographic or erotic contents,
bearing the hallmarks of crimes or dishonest competition,
violating copyrights and intellectual property rights,
misleading the Clients,
advertising other websites, in particular competitive ones towards http://homefree.eu/,
being junk mails or promotional material,
containing advertisements about contests organized without the approval of the Website.
The Service Provider reserves the right to delete a specific advertisement from the Website, simultaneously informing the given User of this fact, in case the Service Provider acquired knowledge, justified suspicion or appropriate official information that by posting a given advertisement on the Website, the User violated, attempted to violate, circumvented or attempted to circumvent the generally applicable law or local law, in particular he acted or attempted to act to the detriment of third parties, including that he did not discharge of a contract concluded with another User, or provisions of these Regulations.
V. TERMS OF TERMINATION OF CONTRACTS FOR PROVISION OF ELECTRONIC SERVICES
Termination of a contract for provision of Electronic Services:
A contract for provision of Electronic Services, concluded continuously and for an indefinite period (running an Account), may be terminated.
The Client may terminate a contract with immediate effect and without pointing out the reasons by sending an appropriate statement through electronic mail to the address: info@homefree.eu.
The Service Provider may terminate a contract for provision of Electronic Services, consisting in posting advertisements on the Website, if the Client violates the Regulations, in particular if he still provides illegal contents following a prior ineffective call to cease the violation with an appropriate deadline specified. In such a case the contract shall be terminated after expiry of 7 days from making the statement of its termination (period of notice).
Termination leads to cessation of legal relation with the effect for the future.
The Service Provider and the Client may terminate a contract for provision of Electronic Services consisting in posting advertisements on the Website at any time by mutual agreement.
VI. MODE OF COMPLAINT PROCEDURE
Complaints connected with providing Electronic Services by the Service Provider:
Complaints connected with providing Electronic Services through the Website can be made by the Client through electronic mail to the address: info@homefree.eu.
In the above mentioned e-mail message as many circumstances and information as possible concerning the subject of the complaint, especially the type and date of occurred irregularities and contact data, shall be stated. The information provided will simplify considerably and speed up inquiring a complaint by the Service Provider.
A complaint shall be settled by the Service Provider immediately, no later than within 14 days.
The response of the Service Provider regarding the complaint shall be sent to the e-mail address of the Client stated in the complaint notification form or another address given by the Client.
VII. THE RIGHT TO WITHDRAW FROM THE CONTRACT
A Client, being simultaneously a Consumer, who concluded a remote contract, may withdraw from the contract without stating the reasons, by making the relevant statement in writing within 14 days. In order to keep this time period, sending an appropriate withdrawal notification will suffice.
In case of withdrawing from a contract, the contract is deemed to be not concluded, and the Consumer shall be exempt from any obligations. The services provided by the parties shall be returned in unchanged condition, unless a change was required within the limits of regular management. The return shall take place immediately, no later than within 14 days.
The fourteen day period, when the Consumer may withdraw from the contract, shall be counted from the day when the Consumer concluded the contract for provision of Services.
A Consumer does not have the right to withdraw from a remote contract in which the subject is provision of a service, if the Service Provider provided the service completely by explicit consent of the Consumer, who was informed prior to starting the services that he will lose the right to withdraw from the contract as soon as the services were performed by the Service Provider.
VII. INTELLECTUAL PROPERTY
Any contents placed on the Website at address info@homefree.eu, including the name of the Website, its functionality, graphic design, logotypes, elements of graphics, layout and arrangement of these elements, trademarks, software and database benefit from the protection of copyrights and (except for the contents placed by Clients and items used on licence basis) shall be the property of HOME FOR FREE LIMITED LIABILITY COMPANY, KRS number: 0000661185, NIP: 5751891663, REGON: 366455607, address of the place of business and address for service: ul. Miarki 15/3, 42-700 Lubliniec. The Client shall be fully responsible for any damage suffered by the Service Provider, being the effect of using any contents of the webpage http://homefree.eu/ without the approval of the Service Provider.
Any use by anyone, without the explicit written consent of the Service Provider, of any elements constituting the contents of the webpage http://homefree.eu/ shall be a violation of the copyright the Service Provider holds and will result in civil legal and criminal liability.
The Author, by sending a photo with a description, with the intention to post them on the webpage http://homefree.eu/, grants the Service Provider a free of charge, non-exclusive licence to use the proprietary copyrights to the photo, in compliance with the rules below.
The licence entitles the Website to make use of the photo for indefinite time (the licence period) on the webpage http://homefree.eu/.
The licence entitles to make use of the photo with its description in each of the following operating areas comprising:
fixation and multiplication of the photo, making copies of the photo using any technique, including printing, reprographic technique, magnetic recording and digital technique;
the sale of the original or copies, on which the photo was fixed – marketing, entering into the computer memory, lending or rental,
dissemination of the photo in a way different from the above mentioned – making public, exhibiting, displaying, reproduction and broadcasting and reemission, in particular on the Internet, also making the photo available to the public in such a way that everyone has access to it in any time and place.
The licence entitles to make use of the photo with its description worldwide.
Moreover the Author, making use of the proprietary copyrights and personal rights he has:
agrees, without the need to obtain an extra approval of the Author, to processing of the photo by the Website, through abbreviations, digital processing in order to adapt it to the requirements of the Website, converting the photo to a format allowing the use in a way selected by the Website, alterations such as reduction of size, increase of size, framing, etc., joining with other pieces within the meaning of the Copyright and Related Rights Act and to use these compilations by the Website in the operating areas indicated above;
allows the Website to exercise derivative copyrights, including, inter alia, permission to make use of compilations of the photo and disposal of these compilations in the operating areas indicated above;
authorizes the Website to destroy a fixed photo made by the Website, without the need to obtain extra approval of the Author;
transfers onto the Website the right to permit to exercise derivative copyright to the photo.
Moreover the Author declares that:
he / she is the exclusive creator of the provided photo with its description, or holds all proprietary copyrights to the photo with its description, personally and independently manages his / her own copyrights, nobody is entitled to represent his / her rights in this scope, and his / her rights to the photo are not limited or encumbered in any way, no third parties will assert claims or demands against the Website by virtue of the granted licence or exercising the rights transferred by the Author,
on every demand of the Website he shall present the relevant documents confirming the legal status referred to in this clause of the regulations.
By sending the photo and other contents to the Website, the Author shall bear exclusive responsibility for violation of proprietary copyrights and derivative rights and violation of third parties’ personal rights, and if anyone lodges claims or demands against the Website, he commits to exempt the Website from any responsibility and to fully satisfy the claims or demands of third parties.
The Website reserves the right not to publish a photo if there is reasonable suspicion of violation of the Regulations or generally applicable rules.
IX. LIABILITY
The Service Provider shall take any available measures in order to protect the Users’ data.
The Service Provider commits not to disclose the Users’ data to third parties.
Each Bidder shall make every effort in order that the data available on the Website are complete and up-to-date, and presented with the due diligence, with regard to the existing actual and legal circumstances, within the limits permissible by law and with full observance of consumer rights.
The Users shall be fully responsible for breaking the law or damages caused by their activities on the Website, in particular giving untrue data, disclosure of secret information or other secrets protected by law, violation of personal rights, copyrights or derivative rights, and also processing of Users’ personal data non-compliant with the objectives of the Website or with the violation of the Personal Data Protection Act.
Whenever possible, the Service Provider shall inform the Users in advance of the possibility of interference in the operation of the Website, in particular of interruptions in access.
The Service Provider shall not be liable in relation to Clients who are not Consumers:
for any direct and indirect damage and losses (including damage by virtue of loss of profit from running a business, interruptions in the company activities or loss of economic information and other damage to property), resulting from the use, no possibility to use or erroneous operation of the Website software, damage resulting from disconnection or failure of the ICT system, failure of the power grid,
in connection with inappropriate use of the Website by the Client who is not a Consumer, incorrect functioning of computer hardware, software or communication system, which connects the Client with the Website,
for damage, if any, resulting from errors, failures and interruptions in the operation of the Website or caused by incorrect recording or read-out of data collected by Clients,
for interference in correct operation of the Website, also loss of Clients’ data who are not Consumers, resulting from the occurrence of Force Majeure or third parties actions,
for third parties’ activities consisting in utilization of data and materials posted on the Website in an incompatible way with the generally applicable law or the Regulations,
for impossibility of logging in the Website system caused in particular by the quality of the connection, failure of the ICT system or the power grid, incorrect software configuration of Clients who are not Consumers,
for effects connected with loss of the password.
A Bidder who is not a Consumer shall exempt the Website from liability for ensued losses, lost profits, violation of good reputation, and also other inconvenience that arose due to deliberate or accidental activities of other Users, as the opinions given express the individual attitude of every User, and the Website task is limited solely to making the platform available in form of www. Website.
X. FINAL PROVISIONS
Contracts concluded through the Website shall be concluded in compliance with the Polish law. The choice of the Polish law does not deprive a Consumer of a higher level of protection, than that provided by the applicable law in his / her country of origin.
In case of Clients who are Consumers, but are not Polish citizens, the law that is more advantageous for them shall be always applied.
Any changes made in the Website Regulations by the Service Provider, shall be binding for the Client, on condition that the Client was correctly informed of the changes and did not terminate the contract for provision of electronic services within 14 days from the day of notification of the changes to the Client by the Website.
Any disputes arising between the Service Provider and the Client shall be settled first by way of negotiations, with the intention to finish the dispute amicably. However if this is not possible or unsatisfactory to any of the parties, the dispute shall be settled by the competent common court, pursuant to clause 5 of this section.
Dispute resolution by court:
Disputes, if any, that arose between the Service Provider and the Client who is simultaneously a Consumer, shall be settled by competent courts pursuant to the provisions of the Civil Code dated 17th November 1964 (Journal of Laws No 43, item 296 as amended);
Disputes, if any, that arose between the Service Provider and the Client who is not a Consumer, shall be settled by a competent court having jurisdiction over the company seat of the Service Provider.
A Client who is a Consumer also has the right to use extrajudicial dispute resolution in particular through filing a petition for examining the case by an arbitration court after the completion of the complaint procedure (the petition form can be downloaded on webpage http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts acting at the Provincial Inspectorates of Trade Inspection is available on webpage http://www.uokik.gov.pl/wazne_adresy.php#faq596). A Consumer may also take advantage of free assistance by the district (municipal) Consumer Rights Adviser or a social organization the statutory activities of which include the protection of consumers. Extrajudicial enforcement of claims after the completion of a complaint procedure is free of charge.
In order to settle a dispute amicably a Consumer may file a complaint through the Internet platform ODR (Online Dispute Resolution), available at the address: http://ec.europa.eu/consumers/odr/.
