STUDENTDEPOT.PL WEBSITE TERMS OF USE I. GENERAL PROVISIONS 1. These Terms of Use specify the manner, scope and general rules of use of www.studentdepot.pl website. 2. The www.studentdepot.pl website operates in compliance with the rules set forth in the Terms of Use. 3. The Website is owned by ZERTA Sp. z o.o., with its registered office in Warsaw, (00-582), al. Szucha 6, registered in the register of entrepreneurs of the National Court Register by the District Court for Warsaw in Warsaw, 12th Commercial Division, KRS no. 0000423002, Statistical Id. “REGON” 146155465, Tax Id. No. “NIP”: 1182085071, share capital of PLN 5.000,00. 4. Definitions: a. User – a person using the Website. b. Service Provider – Website owner specified in I.3 above. c. Website – the internet website available at www.studentdepot.pl d. Student Depot Polonez – a portion of real property located in Poznań, ul. Niepodległości 36, developed with a 14-storey building. Storeys 1 to 12 of the Student Depot Polonez form its residential part. e. Student Depot Salsa – a portion of real property located in Łódź, ul. Wigury 7B, developed with a 6-storey building. Storeys 1 to 5 of the Student Depot Salsa form its residential part. f. Student Depot Duet – a portion of real property located in Lublin, ul. Chodźki 13 i 13A, developed with two – respectively 6 – storey and 7- storey buildings. Floor respectively 1 to 5 and 1 to 6 of the Student Depot Duet form its residential part. g. Tenancy Agreement – agreement enabling the use of a room at the Student Depot Polonez, the Student Depot Salsa or the Student Depot Duet. h. Application – an electronic online application available on the Website enabling the conclusion of a Tenancy Agreement. i. Regulations Student Depot Polonez – shall mean the Regulations Student Depot Polonez which stipulates rights and obligations of parties to the Tenancy Agreement. Regulations Student Depot Polonez is available at Website. j. Regulations Student Depot Salsa – shall mean the Regulations Student Depot Salsa which stipulates rights and obligations of parties to the Tenancy Agreement. Regulations Student Depot Salsa is available at Website. k. Regulations Student Depot Duet – shall mean the Regulations Student Depot Duet which stipulates rights and obligations of parties to the Tenancy Agreement. Regulations Student Depot Duet is available at Website. 5. Users are obliged to read the Terms of Use before they use the Website. The use of the Website is construed as User’s representation and confirmation of having read and accepted Terms of Use and an obligation to comply with them. A User confirms to have read Terms of Use and accept their provisions also explicitly, by checking a relevant box while completing the Application. 6. All the matters not provided for in these Terms of Use are governed by effective Polish laws. All and any disputes related to these Terms of Use and the use of the Website shall be settled by Polish courts competent for a specific matter and venue. II. RULES OF USE OF THE WEBSITE 1. The Website enables the User to take advantage of services provided by the Service Provider, in particular: a) reading informative or marketing information published on the Website, including in particular information on the possibility to use rooms at the Student Depot Polonez, the Student Depot Salsa or the Student Depot Duet, b) concluding a Tenancy Agreement on the terms and conditions of the Regulations Student Depot Polonez, the Regulations Student Depot Salsa or the Student Depot Duet. 2. Service Provider may use the Website to publish advertisements of services or goods offered by the Service Provider or third parties. 3. After effecting User’s log-in, the User will have the option to verify received from the Landlord upon the User’s request, information concerning the values and dates of all and any payments made, mature or payable in the future and to receive other information related to the Tenancy Agreement. 4. In order to use the Website, the User needs to have a device a) with the Internet access, b) equipped with an internet browser. III. PROTECTION OF INTELLECTUAL PROPERTY 1. The Website and its content, including in particular works in the meaning of relevant provisions, trademarks, data bases and the manner of their presentation are subject to legal protection, in particular under the Copyright and Related Rights Act of 4 February 1994, Data Bases Protection Act of 27 July 2001, Industrial Property Law Act of 30 June 2000 and the Act on Combating Unfair Competition of 16 April 1993. 2. The holder of rights to the Application and other materials on the Website is the Service Provider or third parties, under separate agreements or laws. 3. The use the data or materials published on the Website, including in particular trademarks or pictures, requires Service Provider’s consent for such use with a specified scope and field of use. IV. USERS’ RIGHTS AND OBLIGATIONS 1. A User is obliged to use the Website in compliance with effective laws and rules of good conduct, which includes abstaining from publishing on the Website such contents which would: a) breach the law or the rules of good conduct, including contents violating personality rights or inciting to hatred due to racial, ethnic, social and other reasons, 2. b) be offensive, vulgar or pornographic, c) be of advertising or marketing nature, d) contain personal data of third parties without their consent. The User is solely responsible for the content published by the User. The User is liable for any violation of any third party rights, including personality rights or proprietary copyrights by the User. V. LIABILITY 1. Service Provider is not liable for: a) the manner of using the Website or for any results of such use; b) information, materials, data or comments published by the Users on the Website; c) damage arising of User’s activity violating the law or Terms of Use; d) damage arising of reasons independent from the Service Provider and for which the Service Provider is not culpable. 2. Service Provider is not liable for Users’ use of the Website in a manner violating the law or the Terms of Use. 3. Service Provider is not liable for any damage suffered by the User as a result of risk independent from Service Provider and existing in the Internet, such as hacking the User’s system, password stealing or infecting User’s system with malware. 4. User consents to the storage and use of cookies by the Website by explicit approval of a message displayed after the Website is loaded. User may consent to the use of cookies by using an Internet browser with setting enabling the use of cookies. Service Provider uses cookies in compliance with and within the limits set forth by the Telecommunications Law Act of 16 July 2004 to improve the functionality and user-friendliness of the Website. The files used by the Website do not collect information enabling identification of User’s identity. VI. PERSONAL DATA PROTECTION 1. User may provide their personal data. The provision of personal data is voluntary, but necessary to create User’s account on the Website and to conclude the Tenancy Agreement. Service Provider shall process User’s personal data in compliance with the law, in particular in compliance with the Personal Data Protection Act of 29 August 1997 and the Act on Electronic Provision of Services of 18 July 2002. 2. The data controller for Users’ personal data is Service Provider. Service Provider may process Users’ personal data only in order to conclude and perform the Tenancy Agreement of a room at Student Depot Polonez, enable the use of User’s account, to the extent necessary for this purpose and for fulfilment of legitimate purposes of the Service Provider or data recipients. The processing of Users’ personal data for any other purpose than the conclusion and performance of the Tenancy Agreement requires User’s explicit consent. 3. Every User has the right to access and correct their personal data. VII. FINAL PROVISIONS 1. Service Provider may amend these Terms of Use at any time. Amended Terms of Use will be published on the Website in a consolidated version and information on the amendment of the Terms of Use shall be send to Users by User’s or e-mail. 2. The use of the Website by the User after Terms of Use have been amended shall be construed as acceptance of the amended Terms of Use. If a User does not consent to amendments, they should discontinue using the Website. 3. Amendments to Terms of Use become effective when published. 4. These Terms of Use are available on the Website in the currently binding version and may be downloaded at: www.studentdepot.pl
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