Regulamin

świadczenia usług drogą elektroniczną

Electronic Service Provision Regulations by MAXON NIERUCHOMOŚCI Sp. z o.o. based in Warsaw, Skierniewicka 10a street, share capital of 50,000 PLN, Tax Identification Number (NIP) 525-21-19-890, registered in the entrepreneurs' register of the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under number 000009353.

I. Purpose of the Regulations
MAXON NIERUCHOMOŚCI Sp. z o.o., hereinafter referred to in the Regulations as the "Service Provider", introduces these Regulations, specifying in particular the types and scope of services provided electronically, the conditions for providing these services, including technical requirements, and prohibitions on delivering unlawful content, privacy policy, conditions for concluding and terminating electronic service agreements, complaint procedures, and conditions for sending commercial information, taking into account the implementation of the provisions of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2017, item 1219 as amended), Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Official Journal of the EU L No. 119), hereinafter referred to as GDPR, and the Act of 16 July 2004 Telecommunications Law 5Journal of Laws of 2019, item 2460 as amended).
II. Definitions
1. Teleinformatic System - a set of cooperating information technology devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunication networks using a terminal device appropriate for a given type of network, as defined by telecommunications law.
2. Electronic Services - services performed by sending and receiving data using teleinformatic systems, at the individual request of the Service Recipient, without the simultaneous presence of the parties, where the data are transmitted via public networks as defined by Telecommunications Law.
3. Electronic Communication Means - technical solutions, including teleinformatic devices and cooperating software tools, enabling individual remote communication using data transmission between teleinformatic systems, in particular electronic mail.
4. Service Provider – MAXON NIERUCHOMOŚCI Sp. z o.o. based in Warsaw, Skierniewicka 10a, 01-230 Warsaw.
5. Service Recipient - an entity using the Service Provider's services, who is a party to the service provision agreement, being a natural person, a legal entity, or an organizational unit without legal personality, who commits to comply with these Regulations.
6. GDPR - Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Official Journal of the EU L No. 119).
7. Regulations – these regulations for providing services by electronic means.
III. Types and Scope of Services Provided Electronically
1. The Service Provider offers services electronically through the following websites:
2. The Service Provider provides electronic services consisting of making content available upon the individual request of the Service Recipient by displaying a page with a specific URL (information services), as well as services such as:
  1. Newsletter,
  2. Contact form,
  3. „Ask Maxon” service.
3. The Service Provider may also provide other services based on separate agreements for the provision of electronic services.
4. Every person using the Service provided electronically by the Service Provider confirms that they have read these Terms and Conditions and fully accept its content. The provisions of these Terms and Conditions constitute the content of the Agreement.
IV. Newsletter Service
1. This service involves providing the Service Recipient with electronic messages containing the latest information related to the substantive content of the Service Provider's website, which may include promotional or commercial information.
2. The service is provided free of charge for an indefinite period.
3. Promotional or commercial information is considered ordered if the Service Recipient agrees to receive such information, by registering in the Service Provider's information system, in particular by providing an identifying email address for this purpose. Providing an email address, and thus expressing consent to receive commercial information electronically from the Service Provider in accordance with Article 172 of the Telecommunications Law and Article 10 of the Act on Providing Services Electronically, is necessary to use the "Newsletter" service and is equivalent to concluding an agreement for the provision of electronic services in the scope of the "Newsletter" service.
4. UThe Service Recipient may at any time, with immediate effect, unsubscribe from receiving the "Newsletter" by informing the Service Provider in any form – e.g., in writing to the Service Provider's address, via email to: kontakt@maxon.pl. Unsubscribing is equivalent to terminating the agreement for the provision of electronic services related to the "Newsletter".
V. Contact Form Service
1. The "Contact Form" service involves sending a message or inquiry by the Service Recipient to the Service Provider via a form posted on one of the Service Provider's websites.
2. To use the "Contact Form" service, the Service Recipient fills out the form available on the Service Provider's website and sends it electronically to the Service Provider.
3. The Service Provider will make every effort to contact the Service Recipient within 1 working day (excluding public holidays and Saturdays) from the receipt of the message.
4. The agreement for the provision of the "Contact Form" service is concluded at the moment the Service Recipient sends a message to the Service Provider via the form.
VI. "Ask Maxon" Service
1. "Ask Maxon" is a service that provides the Service Recipient with free consultations on topics related to the Service Provider's field of activity.
2. The Service Provider offers a service consisting of answering the Service Recipient's questions regarding real estate transactions.
3. To use the "Ask Maxon" service, the Service Recipient should send an email to: zapytaj@maxon.pl, containing a concise description of the situation and the doubts or issues to be discussed during the consultation. Sending such a message is equivalent to concluding an agreement for the provision of electronic services in the scope of this Service.
4. The Service Provider will make efforts to contact the Service Recipient regarding the inquiry within 3 working days (excluding public holidays and Saturdays) from the receipt of the message.
5. The Service Provider is not responsible for any damages that may be incurred by the Service Recipient in connection with the provided Service, unless the damage was intentionally caused to the Service Recipient by the Service Provider.
6. Detailed terms of providing the "Ask Maxon" service, including the rules for processing the Service Recipient's personal data within the Service, are included in the document "Regulations of the 'Ask Maxon - Free Consultations' campaign" available at: https://www.maxon.pl/aktualnosci/zapytaj-maxon-bezplatne-konsultacje-z-naszymi-ekspertami
VII. Rights and Obligations of the Service Recipient
1. The Service Recipient is entitled to use the Service Provider's websites and provided Services in a manner that is lawful and in accordance with social coexistence principles, respecting personal rights and the copyright and intellectual property rights of the Service Provider and third parties.
2. The Service Recipient is particularly obligated to:
  1. not use the Services to send unsolicited commercial information;
  2. not undertake actions that may disrupt the functioning of the Service Provider's information technology systems;
  3. not provide false personal data (including fictitious data and personal data of other persons as their own);
  4. not deliver to or through the Service Provider's information technology systems content that infringes third parties' rights, generally accepted social norms, or is inconsistent with applicable laws, or the introduction or dissemination of such content through the Service Provider's information technology systems constitutes a violation of applicable laws.
3. The Service Recipient, when using the Services, is obliged to enter data consistent with the factual state.
4. The Service Provider is fully responsible for any damages resulting from behavior inconsistent with the above reservations.
5. The Service Recipient has the right to file a complaint in connection with the provision of electronic Services by the Service Provider. Complaints can be submitted in writing to the Service Provider's address or electronically via email at: kontakt@maxon.pl
6. To be considered, a complaint should include the Service Recipient's name, surname, and correspondence address or email address. It is recommended that the Service Recipient provide in the complaint description: information and circumstances concerning the subject of the complaint, in particular the type and date of the irregularities and the Service Recipient's request.
7. Complaints will be considered within 14 (fourteen) days from the day they are received by the Service Provider.
8. The Service Recipient will be notified of the decision regarding the complaint in the same manner of communication as the complaint was submitted to the Service Provider.
VIII. Rights and Duties of the Service Provider
1. The Service Provider makes every effort to ensure that information provided to the Service Recipient as part of the Services is complete, current, and accurate. However, this cannot be fully guaranteed, and thus the Service Provider is not liable for the consequences of the Service Recipient using the presented data, especially for damages resulting from their use and decisions made based on them.
2. The Service Provider reserves the right to conduct necessary maintenance of the IT system, which may cause temporary difficulties or prevent Service Recipients from using the Services.
3. In particularly justified cases affecting the safety or stability of the IT system, the Service Provider has the right to temporarily cease or limit the provision of Services, without prior notice, and to conduct maintenance work aimed at restoring the safety and stability of the IT system.
4. The Service Provider commits to keeping all information, including personal data entered by Service Recipients into the IT system of the Service Provider, confidential, except in the following cases:
  1. the information is publicly available or commonly known, unless it became publicly available or commonly known as a result of a violation of legal provisions or contractual obligations between the Service Provider and the Service Recipient;
  2. disclosure is required by universally applicable law;
  3. the Service Recipient has given prior consent to disclose the information.
5. The Service Provider respects the right to privacy and the protection of personal data of the Service Recipients. Detailed information about the processing of personal data by the Service Provider, including data transmitted via contact forms, is available at these forms, in these Terms and Conditions, in the rules of the "Ask Maxon - free consultations" campaign, and in the Privacy Policy available on the Service Provider's website.
IX. Technical Requirements Necessary for Using Services Provided Electronically
1. To use the Services provided electronically by the Service Provider, the Service Recipient should have:
  1. a computer, laptop, smartphone, or other multimedia device with Internet access, with a web browser supporting HTML 5;
  2. access to email;
  3. the ability to save cookies and support Javascript enabled in the web browser.
2. Using services provided electronically is associated with the risk of infecting the IT system with unwanted software, therefore, it is recommended to install antivirus software on the computer used by the Service Recipient. It is advised that the antivirus program is continuously updated, immediately after updates are available for installation.
X. Final Provisions
1. For matters not regulated by these Terms and Conditions, the universally applicable laws of Poland shall apply.
2. The Terms and Conditions are made available to the Service Recipient free of charge via the Service Provider's website in a form that allows them to familiarize themselves with its content, and upon request, it will be made available in a way that allows for its downloading, recording, and printing.
3. The Service Provider has the right to make changes to these Terms and Conditions at any time. Changes are effective from the date of publication on the website of the Ordering Party, subject to the provisions of paragraphs 3 and 4 below.
4. In the case of contracts of a continuous nature (e.g., providing the "Newsletter" service) based on these Terms and Conditions, the amended regulations bind the Service Recipient if the requirements set out in Articles 384 and 384^1 of the Civil Code are met, that is, the Service Recipient has been properly informed of the changes and has not terminated the contract within 14 calendar days from the date of notification.
5. In the case of contracts of a different nature than continuous contracts (e.g., "Ask Maxon") based on these Terms and Conditions, changes to the Terms and Conditions will not in any way violate the rights acquired by Service Recipients who are consumers before the date of entry into force of the changes to the Terms and Conditions.