TERMS AND CONDITIONS

  1. Definitions - describing basic terminology used in Terms and Conditions:

    1. Operator - the entity providing Service to the Users - Rezuro sp. z o.o. with its registered seat in Warsaw , address: 48 Młynarska Str., 01-171 Warsaw, Poland, entered into the register of entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division under KRS number: 0000822505, NIP (tax identification number): 5272916922, share capital amounting to 5,500.00 PLN.
    2. Service - service provided electronically by the Operator to the Users, regardless of the form of making it available (e.g. desktop, mobile app, other forms), consisting in providing the Users with virtual space enabling, in particular (a) the Hosts - to post the Presentations and communicate with the Booker, (b) the Booker - to view the Presentations and to book the Venues. The Service and the particular functionalities available within its framework (Functionality) are available on an 'as is' basis, which means that the User may use the Service and its Functionality in the form made available by the Operator at a given moment. An up-to-date description of the Functionalities and detailed conditions of their provision may be found in the tabs available within the Service (Functionality Description). The Operator in no case provides services related to rental of real estate, including brokerage services.
    3. Trusted partner - a person or entity cooperating with the Operator that processes or potentially may process the Users' PD as a controller or processor within the meaning of applicable legislation, in connection with the Functionalities.
    4. Party - a collective term referring to the Operator and all Users.
    5. Privacy Policy - always up-to-date information for the Users describing the rules of processing PD in scope of the Services, made available within the Service in a manner that allows to obtain, reproduce and record content by means of the User's data communication (ICT) system.
    6. Host Agreemen - a service agreement (for the use of the Service) concluded between the Operator and the Host.
    7. Lease Agreement - a lease agreement for the Venue concluded between the Host and the Booker. The Lease Agreement is binding only on its parties and its content and method of execution is completely beyond the control of the Operator.
    8. Booker Agreement - a service agreement(for the use of the Services) concluded between the Operator and the Booker.
    9. User Agreemen - a collective term referring to both: the Host Agreement and the Booker Agreement.
    10. Materials - any data, including software, design, functional layout, content and graphical elements, databases, regardless of their nature, format and way of recording or presentation, placed in the Service by the Operator.
    11. Content - all kinds of content, regardless of its nature, format and way of recording or presentation, posted Service, by the User or sent to the Operator by the User to post them as a part of the Service, including, among others, those posted within the Account, and the Presentations posted by the Host within the Service.
    12. C&M - a collective term referring to both: the Content and the Materials.
    13. Venue - a venue or a separate part thereof presented by the Host as part of the Functionalities.
    14. Presentation - information concerning a given Venue, posted by the Host in accordance with the Functionalities. The Presentation does not constitute an offer, but only an invitation to make an offer to the Host, posting the relevant Presentation, by the Booker, within the meaning of applicable law.
    15. Booking - submission by the Booker to the Host an offer to conclude a Lease Agreement for the Venue indicated in the Presentation made within the Functionality.
    16. Booking Fee - a fee payable by the Booker to the Host for the declared rental period of the Venue, indicated inthe registration form by the Booker, during the Booking process.
    17. One-off Administration Fee - a fee charged by the Host to the Booker for preparing the Venue for release.
    18. Fees - the Booking Fee and the One-off Administration Fee.
    19. Data - all information and data of the User collected in connection with the User's use of the Service.
    20. PD - personal data within the meaning of applicable law, processed by the Operator and Trusted Partners in connection with the User's use of the Service.
    21. Account - a part of virtual space made available to the User within the Service. A collective term referring to both: the Reservation Account and the Host Account
    22. Booker Account - the Account made available to the Booker upon completion of the Registration.
    23. Host Account - the Account made available to the Host upon completion of Registration.
    24. Licence - a licence to use the Content in all known fields of use, including those indicated in Article 50 of the Act of 4 February 1994 on Copyright and Related Rights (Ustawa z dnia 4 lutego 1994 roku o prawie autorskim i prawach pokrewnych), and in particular to record, multiply, reproduce, display, make available, in a place and time selected, disseminate by means of streaming media, including for the purpose of downloading, and to allow third parties to do so, including other Users, regardless of their quantity, form, frequency, place and time of access.
    25. Registration - an action required to set up the Account, the correct completion of which results in the conclusion of the Agreement with the User.
    26. Host - a natural person, legal person or organizational unit without legal personality, having full legal capacity and full capacity to perform acts in law, using the Service as the Host. In the case of legal persons or other organisational units without legal personality, the actions specified in the Terms and Conditions shall be performed by the body of such a person or its representative (proxy) authorized to perform all actions on its behalf.
    27. Booker - a natural person of full legal age, legal person or organizational unit without legal personality, having full legal capacity and full capacity to perform acts in law, who Registers and uses the Service as a potential lessee of the Venue. Due to the nature of the Service, the Booker may enable another natural person of full legal age (Designated Person) to use the Service, but only under the supervision of the Booker, who is authorized to provide the Designated Person's Data to the Operator. Actions performed by the Booker and the Designated Person through the Booker Account, including the Reservation, are considered as an actions performed exclusively by the Booker, who is always a party to the agreements with the Operator and the Host. In the case of legal persons or other organisational units without legal personality, the activities specified in the Terms and Conditions shall be performed by the body of such a person or its representative (proxy) authorized to perform all actions on its behalf.
    28. User - a collective term referring to both: the Hosts and the Bookers
    29. Consumer - a User who is a consumer within the meaning of law.
    30. Payment Operator - The imoje website operated by ING Bank Śląski S.A., ul. Sokolska 34, 40-086 Katowice entered into the register of entrepreneurs of the National Court Register kept by the District Court East in Katowice, VIII Commercial Division of the National Court Register, under KRS number 0000005459, NIP 634-013-54-75, with share capital amounting to 130.100.000,00 PLN. Terms and conditions available at: https://www.imoje.pl/_file/imoje_Regulamin_merchant_18.11.2019.pdf
  2. General Rules - i.e. the basic rules related to the use of the Service:

    1. Technical requirements and support - In order for the Service to function properly, it is required to use a device having access to the Internet with an installed web browser that enables the handling of cookies. The Operator recommends using the latest versions of web browsers, e.g. Google Chrome, Mozilla Firefox. If the User uses versions of browsers other than the latest ones that are available, the Operator cannot guarantee that all Functionalities will function correctly (this refers in particular to browsers with a version lower than 3 latest versions of a given browser presented at https://ranking.gemius.com/ (statistics of browsers' usage worldwide)). In addition, no extensions may be installed in the browsers that may adversely affect the functioning of the Functionalities. In order to obtain technical support regarding the functioning of the Service, please contact us at the following e-mail address: kontakt@rezuro.com. The support referred to in the previous sentence shall be provided by the Operator without undue delay (*if it happens that you do not receive an answer from us, please contact us again). The support does not include services not provided by the Operator.
    2. Use of the Service - The Service may only be used in accordance with the Terms and Conditions and to the extent permitted by the Functionalities. Any other use of the Service may constitute grounds for temporary blocking of the Account or termination of the Agreement with the User by the Operator.
    3. The Content posted by the Users - By posting the Content (e.g. the Presentations) or sending it to the Operator, the User voluntarily distributes such Content. The posted Content does not express the views of the Operator and shall not be identified with the business activities of the Operator. By posting or sending the Content to the Operator, the User declares that: (a) their posting or use in accordance with the Terms and Conditions does not violate the law or the rights of third party; (b) he/she is fully entitled to post the Content as a part of the Service and to grant the Licence, and his/her rights to the Content are not limited or encumbered in this respect in favour of any third party; (c) he/she will indemnify the Operator against any claims that may arise in connection with the posting of the Content, including payment of damages or injunctive relief, remedy of infringement and satisfaction of other equitable claims, and shall cover the related costs, including legal fees.
    4. Prohibition of posting unlawful Content - It is prohibited to post within the Service or transmit to the Operator Content of an unlawful nature, including Content that violates the law or the rights of third parties. The Operator, as the entity making the virtual space available to the User, is not the initiator of the transmission of the Content; however, the Operator shall have the right, from time to time, to modify the Content, e.g. if it considers that the Content contains errors or is inconsistent with the essence or concept of the Service. If the Operator obtains reliable information or official notification of the unlawful nature of the Content, the Operator shall take action to block access or remove such Content, in accordance with the law.
    5. Licence - The User, upon submitting or posting the Content to the Operator, grants the Operator the License to such Content. For the avoidance of doubt, the Parties acknowledge that the Licence includes the right to: (a) to compile and arrange the Content according to any criteria, e.g. as the best Content, most followed, commented, etc., and to make such compilations available as part of the Service, including as part of its promotional efforts; (b) to use the Content to inform, promote and advertise the Service, the Operator, the Host and the Venues made available as part of the Service, in all media, on all media, regardless of form, technique, manner or otherwise. The License in the above scope is granted by the User in exchange for the right to use the Functionality.
    6. Prohibited Activities - The User may use the Service only in accordance with the Terms and Conditions and within its current Functionalities. Any activities that are not expressly permitted in the Terms and Conditions are prohibited, including but not limited to: (a) activities that may interfere with the functioning of the Service, including obstructing access to the Service, the Functionality, the Content or the use thereof by other Users; (b) sending spam and unsolicited commercial information and engaging in promotional activities contrary to the Terms and Conditions by means of or in connection with the Functionality or the Content; (c) use of viruses, bots or other codes, files or programs (in particular, those that automate the processes of scripts and applications or other codes, files or tools); (d) undertaking other actions to the detriment of the Operator, the Service or Users, as well as undertaking actions endangering their rights.
    7. Access Blocking - The Operator shall have the right to block the User's access to the Service or some of its Functionalities if: (a) the User uses the Service in a manner inconsistent with applicable law or violates the provisions of the Terms and Conditions; (b) the User posts or sends to the Operator Content of an unlawful nature; (c) the User fails to perform the lease agreements concluded with other Users or performs them improperly. The Operator shall inform the User about the blocking of access with explanation, and may additionally set a deadline for ceasing the violations and remedying its effects.
    8. Availability of the Service - The Operator makes every effort to provide its services at the highest level, however, the Operatormay not exclude the possibility of temporary suspension of the availability of the Services in the event of the necessity to perform maintenance, inspection, equipment replacement or in connection with the necessity to upgrade or expand the Service. To the fullest extent permitted by law, the Operator shall not be liable for any disruptions, including interruptions, in the functioning of the Service caused by an act of God, unauthorized action of third parties or incompatibility of the Service with the User's technical infrastructure.
  3. Registration and the agreements - i.e. how to complete the Registration and the rules regarding the agreements concluded with the Operator

    1. Registration - Setting up the Account requires Registration in accordance with the Terms and Conditions and the current Functionalities. By completing and submitting the relevant registration form via the Service, the User declares that: (a) he/she has read the Terms and Conditions and accepted all its provisions, (b) he/she ensures that all Data provided by him/her in the registration form is true.
    2. Completion of Registration - The moment of completion of the Registration of: (a) the Booker Account is the moment of confirmation of the correctness of the Data by the Operator; (b) the Host Account is the moment of the acceptance of Terms and Conditions by the Host.
    3. Data accuracy and verification - The User is obliged to provide accurate Data within the Service. Providing incorrect Data entitles the Operator to discontinue the provision of the Service with immediate effect. The Operator reserves the right to verify the Data. The verification may consist, inter alia, in sending a message to the telephone number provided during the Registration process, which will contain a code to be entered in the form on the Service website.
    4. Booker Account - Without the Registration and creation of the Account, it is only possible to view the Content presented on the Service. Making the Bookingand using the Functionalities requires Registration and is only possible after creating the Account.
    5. Host Account - Use of the Service by the Host requires prior Registration of the Host Account.
    6. Entrustment of Data Processing - If the Account is used by a person authorized by the User (e.g. Designated Person, a proxy), the User entrusts the Operator or the Trusted Partner with the processing of such person's Data collected by the Operator or the Trusted Partner during the session within the Service, in order to provide the Service. All information concerning the processing of the Data and the rights of the Data subject are described in the Privacy Policy.
    7. Account Deletion - In order to delete the account, the User should send an e-mail containing a declaration of intent to delete his/her Account to the following address: kontakt@rezuro.com and follow the instructions received in this respect.
    8. Booker Agreement - The Booker Agreement is concluded upon the Registration of the Booker Account, for an indefinite period of time and shall expire following the procedure for deleting the Booker Account or in the event of termination by the Operator.
    9. Host Agreement - The Host Agreement is concluded at the time of Registration of the Host Account, for an indefinite period of time and expires upon termination by the Host or by the Operator and after a procedure for deleting the Host Account. The Host Agreement is concluded against payment according to the price list made available to the Host as part of the Registration process.
  4. Presentation - i. e. the method of posting the Presentation by the Host and other rules related to information regarding the Venue:

    1. Posting information regarding the Venue - The Host shall be entitled to post commercial information using the Functionalities. The posting takes place exclusively on the basis of the Functionalities currently available as a part of the Service, in accordance with the parameters and technical conditions provided by these Functionalities, such as size/resolution.
    2. Removal of information regarding the Venue - The Host, using the Host Account, may at any time terminate the availability of each of the Presentations posted as part of the Service, provided, however, that this does not affect the obligation to correctly perform the already submitted Bookings and settlement of the associated commission. The Operator may at any time block access to or delete a Presentation, especially if it determines that the Presentation violates the law, morality or the rights of third parties.
  5. Bookings - i.e the method of submitting Bookings by the Booker within the Service:

    1. Booking -
      The Booker interested in entering into the Lease Agreement with the Host submits the Booking to the Host through the Service. The Bookings can be made 7 days a week, 24 hours a day. Before submitting the Booking, the User is informed about the amount of the Booking Fee and the One-off Administrative Fee, as well as all additional costs, the User will be obliged to pay if the Host accepts the submitted Booking. After obtaining the aforementioned information, the Booker clicks the button: 'Book'. The Booking Fee and the One-off Administrative Fee cover the Host's total remuneration for the rental of the Venue for the period indicated in the registration form (gross remuneration including value added tax and other taxes in the amount resulting from applicable law).
    2. Booking Acceptance -
      Immediately after submitting the Booking, the Host will receive a request for its acceptance. The acceptance of the Booking by the Host is carried out in accordance with the available Functionalities.
    3. Payment of the Booking -
      Immediately after the Host accepts the Booking made by the Booker, the Booker will receive, e.g. via electronic means of communication, information about the need to confirm payment of the Fees to the Host through the Payment Operator. Confirmation of the Payment Operator with the payment of the amount constituting the sum of the Fees is tantamount to the conclusion of the Lease Agreement between the Booker and the Host on the terms specified in the Booking. Immediately after paying for the Booking this information together with the Booker Data is transferred to the Host, and the Host Data is transferred to the Booker. The Lease Agreement of the Venue is concluded exclusively between the parties thereto, i.e. the Booker and the Host, provided that the Fees shall be credited towards the remuneration under the Lease Agreement.
    4. Settlement of the Fees -
      The Payment Operator performs payment transactions related to the payment of the Fees on the Booker’s payment order, based on the rules set forth by the Payment Operator, in particular in the terms and conditions of the Payment Operator. The Operator shall not be obliged to pay any fees to the Payment Operatorfor performing payment transactions on the Booker's payment order. The payment may be made using one of the payment methods made available to the Booker within the Service space. In the event that the Payment Operatoris unable to perform a payment transaction on the Booking Party's payment order for any reason, the Payment Operator shall refund the payment amount to the Booker on the terms and conditions specified by the Payment Operator. If it becomes necessary to refund the amount of the payment made by the Booker with a payment card, the Payment Operator always makes the refund to the bank account assigned to the Booker's payment card.
  6. Complaints about the Service - The User always has the right to lodge a complaint about the functioning of the Service. A complaint may be submitted in electronic form by sending an e-mail to the following address: kontakt@rezuro.com. The complaint shall be reviewed within 14 days. The User shall be notified of the outcome of the complaint via e-mail (back to the address from which the complaint was sent) or via a system message.

  7. Complaints concerning payment transactions - Complaints regarding the performance of payment transactions by the Payment Operator should be addressed to the Operator in electronic form by sending an e-mail to the following address: kontakt@rezuro.com. In the event of (a) submitting a complaint by the User regarding issues dependent on the Operator, the Operator will consider the complaint within 14 days, (b) submitting a complaint by the User regarding the execution of payment transactions dependent on the Payment Operator, the Operator will forward the entire complaint of the User to the Payment Operator (together with with the Data provided for this purpose by the User). The user will be notified of its result via e-mail (in return to the address from which the complaint was sent) or via a system message.

  8. Complaints regarding the Venue - Complaints regarding the Venue, including discrepancies between the actual state of the Venue and the Content posted on the Presentation, as well as non-performance or improper performance of the Lease Agreement by the Host, should be directed by the Booker to the Host through the Operator to the following email address: kontakt@rezuro.com. If a justified complaint regarding the Venue is made within 24 hours from the moment of handing over of the Venue, the Operator may retain the amounts paid by the Booker until the complaint is finally considered.

  9. Information on the right to withdraw from the service agreement - In accordance with the applicable law, the consumer may withdraw from any service agreement concluded remotely within a period of 14 days. In order to comply with the deadline for withdrawal, it is sufficient for the consumer to send, before the expiry of the aforementioned deadline, information on withdrawal to the other party to the agreement (the template is attached to the Terms and Conditions). Pursuant to the Act of 30 May 2014 on consumer rights, the consumer is not entitled to withdraw from the agreement, inter alia, in relation to agreements: (a) for the provision of services, if the entrepreneur has performed the service in full with the express consent of the consumer, who has been informed before the performance of the service by the entrepreneur that after the performance by the entrepreneur, the consumer will lose the right to withdraw from the agreement; (b) for the supply of digital content that is not recorded on a material medium, if the performance has begun with the express consent of the consumer before the expiry of the deadline for withdrawal from the agreement and after the entrepreneur has informed the consumer about the loss of the right to withdraw from the agreement.

  10. Information about the possibility of out-of-court dispute resolution - The consumer has the possibility to use the out-of-court procedure for considering complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Mazowieckie Voivodeship Inspector of the Trade Inspection in Warsaw (Stały Polubowny Sąd Konsumencki Warszawie przy Mazowieckim Wojewódzkim Inspektorze Inspekcji Handlowej w Warszawie). Information on how to access the aforementioned procedure and the dispute resolution procedures can be found on the Polish Competition and Consumer Protection Office (UOKIK) website: http://www.uokik.gov.pl, in the tab 'Settlement of consumer disputes' or similar. The User who is a consumer also has the possibility to use the EU online ODR platform, available at the following address: http://ec.europa.eu/consumers/odr/.

  11. Availability of Terms - The Terms and Conditions are made available free of charge and continuously as a part of the Service in a manner that enables the User to obtain, reproduce and record its content at any time.

  12. Amendments - The Operator has the right to make changes to the Service. In addition, the Operator has the right to amend the Terms and Conditions, understood as the change of provisions affecting the rights or obligations of the Parties, when it is required by the change introduced in the Service or in case of the change in the law that affects the Terms and Conditions or the legal relationship between the User and the Operator. The Operator shall inform the Users about the change at least seven days before the change comes into force. The User who does not agree with the changes shall be entitled to terminate the agreement with the Operator, e.g. by carrying out a procedure for the deletion of the Account.

  13. Governing law - The governing law for the settlement of any disputes related to the Terms and Conditions or the legal relations described herein shall be Polish law. The Parties shall submit the aforementioned disputes to the jurisdiction of authorities and courts competent for the seat of the Operator, subject to binding legal principles (conflict of laws) and consumer rights (in case of disputes with consumers, general rules of jurisdiction shall apply).

  14. Salvatory clause - Should any of the provisions of the Terms and Conditions be modified or invalidated by a decision of a competent authority or court, the remaining provisions shall remain in force and be binding on the Operator and the User. The consumers shall not be bound by provisions that have been recognized as prohibited contractual provisions / abusive clauses in a final / legally valid ruling issued by a competent authority.

  15. Promotions - The Operator may conduct promotional activities under the terms of the regulations of a given promotion. In such an event, the terms of the regulations of a given promotion shall apply with precedence over the provisions of these Terms and Conditions. Unless the terms of a specific promotion state otherwise, promotions shall not be cumulative.

  16. Entry into force - The Terms and Conditions enter into force on 26.10.2021. Information on the current version of the Terms and Conditions will always be available here: VERSION CURRENT AS OF 26.10.2021.

Appendix 1 -

Mode declaration of agreement withdrawal

On [insert day, month and year e.g. 3.07.2021]

Host: [please enter full name and address of the Host's registered office]

Booker [please enter first namę and surname, correspondence address and email address]

Declaration I hereby give notice of my/our withdrawal from the contract [description of the contract] concluded on [date of conclusion]

Signature of consumer(s)*

(*required only if the declaration is sent on paper)