Service Provider
MAXON Nieruchomości Sp. z o.o., with its registered office in Warsaw, ul. Skierniewicka 10a, share capital PLN 50,000, tax ID (NIP) 525-21-19-890, entered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register, under KRS no. 0000093530.
Purpose of the Terms
MAXON Nieruchomości Sp. z o.o., hereinafter the "Service Provider", adopts these Terms, which set out in particular the types and scope of services provided by electronic means, the conditions for providing them (including technical requirements and the prohibition on supplying unlawful content), the privacy policy, the rules for concluding and terminating agreements for electronic services, the complaints procedure and the conditions for sending commercial information.
Having regard to the following legislation:
- the Polish Act of 18 July 2002 on providing services by electronic means (Journal of Laws 2017, item 1219, as amended);
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR);
- the Polish Electronic Communications Law Act of 12 July 2024 (Journal of Laws 2024, item 1221, as amended).
Definitions
- ICT system — a set of interoperating IT devices and software that processes and stores data as well as sending and receiving it over telecommunications networks by means of a terminal device appropriate for the network concerned, within the meaning of telecommunications law.
- Services provided by electronic means — services performed by sending and receiving data via ICT systems, at the individual request of the Service Recipient, without the parties being simultaneously present, where the data is transmitted over public networks within the meaning of the Electronic Communications Law.
- Means of electronic communication — technical solutions, including ICT devices and the software that works with them, enabling individual remote communication through data transmission between ICT systems, in particular email.
- Service Provider — MAXON Nieruchomości Sp. z o.o., with its registered office at ul. Skierniewicka 10a, 01-230 Warsaw, Poland.
- Service Recipient — an entity using the Service Provider's services and being a party to the service agreement: a natural person, a legal person or an organisational unit without legal personality, which undertakes to comply with these Terms.
- GDPR — Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (OJ L 119).
- Terms — these terms of service for services provided by electronic means.
Types and scope of services provided by electronic means
- The Service Provider provides Services by electronic means via the following websites:
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The Service Provider provides, by electronic means, Services consisting in making content available at the individual request of the Service Recipient by displaying a page with a specific URL (information services), as well as Services such as:
- Newsletter;
- Contact form;
- The "Ask MAXON" service.
- The Service Provider may also provide other Services under separate agreements for services rendered by electronic means.
- Anyone using a Service provided electronically by the Service Provider confirms that they have read these Terms and fully accept them. The provisions of these Terms constitute the content of the Agreement.
The "Newsletter" service
- The service consists in sending the Service Recipient electronic messages with the latest information relating to the subject matter of the Service Provider's website, which may include promotional or commercial content.
- The service is provided free of charge and for an indefinite period.
- Promotional or commercial information is treated as requested where the Service Recipient has consented to receiving it by registering in the Service Provider's IT system, in particular by supplying an email address identifying them. Providing that address — and thereby consenting to receive commercial information by electronic means under Article 398 of the Electronic Communications Law — is necessary to use the "Newsletter" service and amounts to concluding an agreement for electronic services in that respect.
- The Service Recipient may at any time, with immediate effect, opt out of receiving the "Newsletter" by informing the Service Provider in any form — e.g. in writing to the address of the Service Provider's registered office or by email to kontakt@maxon.pl. Opting out is tantamount to terminating the agreement for the provision of services by electronic means relating to the "Newsletter".
The "Contact form" service
- The "Contact form" service consists in the Service Recipient sending a message or enquiry to the Service Provider using a form placed on one of the Service Provider's websites.
- To use the "Contact form" service, the Service Recipient completes the form made available on the Service Provider's website and submits it electronically.
- The Service Provider will make every effort to contact the Service Recipient within 1 business day (excluding statutory holidays and Saturdays) of receiving the message.
- The agreement for the "Contact form" service is concluded when the Service Recipient sends the message to the Service Provider via the form.
The "Ask MAXON" service
- "Ask MAXON" is a Service giving the Service Recipient a free consultation on matters connected with the Service Provider's business.
- The Service Provider answers the Service Recipient's questions on matters relating to property transactions.
- To use the "Ask MAXON" Service, the Service Recipient should send an email to zapytaj@maxon.pl containing a brief description of the situation and of the doubts or issues to be addressed during the consultation. Sending such a message is tantamount to concluding an agreement for the provision of services by electronic means in respect of this Service.
- The Service Provider will endeavour to contact the Service Recipient about the enquiry within 3 business days (excluding statutory holidays and Saturdays) of receiving the message.
- The Service Provider is not liable for any damage the Service Recipient may suffer in connection with the Service, unless the damage was caused intentionally by the Service Provider.
- The detailed terms of the "Ask MAXON" Service, including how the Service Recipient's personal data is processed within it, are set out in the document "Rules of the «Ask MAXON — free consultations» campaign", available at aktualnosci/zapytaj-maxon-bezplatne-konsultacje-z-naszymi-ekspertami.
Rights and obligations of the Service Recipient
- The Service Recipient may use the Service Provider's websites and the Services made available in a manner consistent with the law and the principles of social conduct, respecting personal rights as well as the copyright and intellectual property of the Service Provider and third parties.
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The Service Recipient is obliged in particular:
- not to use the Services to send unsolicited commercial information;
- not to take action liable to disrupt the operation of the Service Provider's ICT systems;
- not to provide false personal data (including fictitious data or other people's data);
- not to supply, through or to the Service Provider's ICT systems, content that infringes third-party rights, generally accepted social norms or applicable law.
- When using the Services, the Service Recipient must enter data that is true and accurate.
- The Service Recipient bears full liability for any damage resulting from conduct contrary to the above.
Complaints
- The Service Recipient has the right to lodge a complaint in connection with the provision of electronic Services by the Service Provider. Complaints may be submitted in writing to the address of the Service Provider's registered office or electronically by email to kontakt@maxon.pl.
- To be considered, a complaint should include the Service Recipient's first name, surname and postal or email address. We recommend describing the circumstances of the complaint, in particular the type and date of the problem and what the Service Recipient is asking for.
- Complaints will be dealt with within 14 (fourteen) days of receipt by the Service Provider.
- The Service Recipient will be informed of the outcome by the same means of communication used to submit the complaint.
Rights and obligations of the Service Provider
- The Service Provider makes every effort to ensure that the information given to the Service Recipient is complete, current and accurate. It cannot, however, guarantee this in full and is therefore not liable for the consequences of the Service Recipient's use of the data presented, in particular for damage arising from relying on it or making decisions on its basis.
- The Service Provider reserves the right to carry out necessary maintenance of its ICT system, which may temporarily hinder or prevent use of the Services.
- In particularly justified cases affecting the security or stability of the ICT system, the Service Provider may suspend or limit the Services without prior notice and carry out maintenance to restore the system's security and stability.
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The Service Provider undertakes to keep confidential all information, including personal data entered by Service Recipients into the Service Provider's ICT system, except in the following cases:
- the information is publicly available or generally known (unless it became so as a result of a breach of the law or of contractual obligations);
- disclosure is required by generally applicable law;
- the Service Recipient has given prior consent to the disclosure.
- The Service Provider respects Service Recipients' right to privacy and data protection. Detailed information on the processing of personal data is set out in the Privacy Policy and in the rules of the "Ask MAXON — free consultations" campaign.
Technical requirements
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In order to use the Services provided by electronic means by the Service Provider, the Service Recipient should have:
- a computer, laptop, smartphone or other multimedia device with Internet access and a web browser supporting HTML 5;
- access to email;
- cookies and JavaScript enabled in the browser.
- Using services provided electronically carries a risk of the IT system being infected by unwanted software. We recommend installing antivirus software on the computer used by the Service Recipient and keeping it continuously updated, as soon as updates become available.
Final provisions
- Matters not governed by these Terms are subject to generally applicable Polish law.
- These Terms are made available to the Service Recipient free of charge on the Service Provider's website in a form that allows them to be read. At the Service Recipient's request they will be made available in a form allowing them to be downloaded, stored and printed.
- The Service Recipient is not bound by provisions of the Terms that have not been properly made available to them.
- The Service Provider may amend these Terms at any time. Amendments take effect on the date of publication on the Service Provider's websites, subject to paragraphs 5 and 6 below.
- Where continuing agreements have been concluded under these Terms (for example the "Newsletter" Service), the amended Terms bind the Service Recipient provided the requirements of Articles 384 and 3841 of the Polish Civil Code are met — that is, the Service Recipient was properly notified of the changes and did not terminate the agreement within 14 calendar days of that notification.
- Where agreements other than continuing ones have been concluded under these Terms (for example "Ask MAXON"), amendments will in no way affect rights acquired by Service Recipients who are consumers before the amendments take effect.