TERMS AND CONDITIONS OF OZFLATMATES.COM
- Following Terms and Conditions regulates electronic Services available on the Website ozflatmates.com run by the company: New Web Spółka z o. o. with its headquarters in Warsaw at Złota 61/101 Street, registered in Poland in National Court Register kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register under KRS (National Court Register): 0000554247 and NIP (tax identification number): PL5272735072 with initial capital equal 5.000 PLN – paid in full, including terms of using the Website as well as rights and obligations of registered Users.
- As a person using or accessing the Website ozflatmates.com or any information within the site you confirm you have read, agree to and are bound with following Terms and Conditions of the Website.
- If you do not accept following Terms and Conditions, please stop using and accessing the Website.
- „Website” – organized internet platform including all pages and internet tools provided to Users through Internet under the Website ozflatmates.com or ozflatmates.com.au with all rights reserved to the company New Web Spółka z o. o.
- „Service providers” or „us” – company operating in accordance to the Polish Law under the company New Web Spółka z o. o. with its headquarters in Warsaw at Złota 61/101 Street, registered in National Court Register kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register under KRS (National Court Register): 0000554247 and NIP (tax identification number): PL5272735072 with initial capital equal 5.000 PLN – paid in full.
- „Terms and Conditions” – following Terms and Conditions constitutes Terms of Electronic Services in accordance to article 8 of Electronic Services Act of 18th June 2002 (Journal of Laws of 2002, no. 144,unit 1204 with amendments)
- „User” or „You” – each and every person using Website in any way;
- „Service” – Service provided in electronic way through the Website by Service Provider to the User.
- „Agreement” – is Agreement on providing electronic Services between User and Service Provider in accordance with following Terms and Conditions.
- „IT System” – network of connected units and informatics equipment and software that enables processing data through Internet used later by Service Provider to provide Services on the Website.
- „Act on Providing Services by Electronic Means” – the act of 18th July 2002 on providing Services by electronic means, Journal of Laws of 2002 No 144, item 1204 with amendments.
- „Act on the Protection of Personal data” – the act of 29 august 1997 on the protection of personal data (journal of laws of 2002 No 101, item 926 with amendments)
- „Act on Copyright” – act of 4th February 1994 on Copyright and Related Rights (Journal of Laws of 2006 No 90, unit 631 with amendments)
- „User Account” – User interface enabling the use of specific functionality of the Website. Access to User Account is granted after completing the registration process, under the Terms and Conditions applied.
- „Premium Account” – the User Account enhanced with additional functionalities available for a fee, defined on the Website at ozflatmates.com/upgrade and under the conditions specified in Terms and Conditions.
- „Room listings” – Agents' or Users' offers of possibility to rent rooms in properties owned or represented by them, published by Users on the Website.
- „Property listings” – Agents' or Users' offers of possibility to rent properties owned or represented by them, published by Users on the Website.
- “Profile listings” – a summary of information about Users interested in the possibility of renting properties, published by them on the Website, including information such as the maximum rent accepted by the User, the preferred location or personal information.
- „User Materials” – photos, descriptions and information published by the User on the Website.
TYPE AND SCOPE OF SERVICES PROVIDED BY THE WEBSITE
- The purpose of the Website is to enable contact between people interested in renting properties in Australia and people looking for tenants for these properties. Thus Users, by registering on the Website, agree to be contacted by other Users either directly by phone or through messaging system available on the Website.
- On the Website we enable you access to certain functionalities, which are subject to further provisions of the Regulations, including:
1) Providing You with content for your individual demand, including Room and Property Listings posted by other users (by displaying pages under specific URL)
2) Posting Room Listings, Property Listings and Profile Listings.
3) Sharing Room Listings, Property Listings and Profile Listings published by other Users.
4) Getting in touch with other Users
- Access to some features of the Website may depend on the possession of User Account, Premium Account or meeting other additional conditions – all necessary information, instructions and explanations regarding access to specific functionalities can be found on the Website by referring to information alerts at the time of proceeding certain activities within the Website.
- Use of the Website is in principle free of charge but some functionalities like Premium Account are provided for a fee.
- Make sure you think over decision of purchasing additional activities like Premium Account. Once fee is paid, refund requests will not be accepted.
- There are 4 Premium Plans available:
- 10 Days Plan for 19 AUD
- 30 Days Plan for 29 AUD
- 60 Days Plan for 49 AUD
- 6 Months Plan for 129 AUD
Detailed information on fees and payment conditions You will find on the Website at https://ozflatmates.com/upgrade
- Purchase of the Premium Plan can be done by Credit Card (Visa or MasterCard) on our Upgrade page only by logged in users. All payments are one off and we never charge your CC without your explicit consent.
- We use Wirecard AG (payment processing service) to enable this Website to process payments by credit and debit cards.
- We reserve the right to introduce new functionalities within the Website including those available for fee only. We also reserve right to undertake unilateral decisions on Website’s content and modify it with no notification.
CONCLUSION AND TERMINATION OF THE CONTRACT
- Users of the Service may be individuals with full legal capacity, who concluded Agreement with the Service Provider to use the Website under the conditions specified in Terms and Conditions.
- Conclusion of the Agreement for the provision of access to informative content located on the Website, in particular to Room Listings, Property Listings and Profile Listings posted by other users occurs at the moment when you type in a browser window URL of the Website or of any other pages of the Website or at the time when you get redirected to the Website, or to any part of it, and the termination occurs as soon as you leave the Website or as soon as the Service Provider ceases to provide Service of access to informative content.
- Access to the functionalities (other than informative content) within the Service, requires prior registration on the Website. In particular, prior registration on the Site is necessary if you want to publish Room Listing, Property Listing, Profile Listing or make contact with other Users using the Website.
- The contract for the provision of the access to Website’s functionalities that require prior registration is concluded at the moment when you complete the registration process on the terms specified in Terms and Conditions.
- Upon receipt of completed registration form, IT System automatically generates your Activation Link and send it to your email address provided by you in registration form.
- Registration process ends when you click on received activation link, your User Account is created and available from now on through login and password chosen and provided by you in Registration Form.
- Termination of the Agreement for the provision of access to Website’s functionalities requiring prior registration including deletion your User Account occurs on your demand expressed by email (which can be submitted to us via electronic contact form available on the Website at ozflatmates.com/contact), through email address used by you in registration process, without giving any reason or as the result of our initiative referred to in §5 of Terms and Conditions.
- Termination of the Agreement for the provision of access to Website’s functionalities may result in the removal of all data entered by you from our IT System, unless this is impossible due to the nature of the specific functionality or law regulations provide otherwise.
USERS’ RIGHTS AND OBLIGATIONS
- You can stop using Website at any time.
- You have the right to lodge a complaint concerning the Website on the terms specified in § 10 of Terms and Conditions.
- You have the right to remove your account and all related personal details. If you want to do so please send email to andrew[@]ozflatmates.com. The request has to be made through email address used by You in registration process.
- While using the Website, you are obliged to refrain from any unlawful action, in particular:
1) Using the Website for purposes contrary to the law, the Terms and Conditions, morality or generally accepted in the Internet principles and good practices.
2) Using the Website in a way that violates the rights of the Service Provider or third parties.
3) The provision by or to our IT System data which leads to imbalance of work or overload of our IT System, unsolicited commercial information (i.e. Spam) or data violating the law or Terms and Conditions in any other way.
- Remember you are solely responsible for any damages resulting from your improper behaviour on the Website violating mentioned restrictions.
- We can permanently or temporarily stop providing you with Service within the Website or its specific functionalities – including we are entitled to permanently delete your User Account – in the event of violating or justified suspicion that you have violated law, Terms and Conditions, rights of Service Providers or Third Parties, good morals and generally accepted good practices within the Internet, as well as when you don’t accept changes in Terms and Conditions.
- Referring to the Act on Providing Services by Electronic Means we are entitled to block your access to Materials you introduced to our IT System, in case of:
1) receipt of the official notification of the unlawful nature of those Materials or activities related to them
2) obtain reliable information or becoming aware of the unlawful nature of those Materials or activities related to them.
- Apart from the powers referred to in paragraph 7 above, we reserve the right to remove from the Website at any time Materials:
1) contrary to the applicable law,
2) generally regarded as vulgar, abusive or insulting,
4) containing viruses or files that may damage IT System or deteriorate its performance or in any way negatively affect the operation of the Website,
5) containing links and checksums to licensed games, software, music, movies and any other works for which provision or enable the provision infringes or may infringe the copyright of third parties,
6) containing information by which you can locate Web Services with content described in points 1 – 5,
7) which are Room Listings or Property Listings that are posted from outside of Australia,
8) in the form of images of very poor quality or containing contact details on them.
- We also reserve the right to request you to immediately stop actions, which have not been prohibited by the Terms and Conditions, however, may undermine our legitimate interests. Refusal to comply with such a request will be in this case considered as violation of Terms and Conditions.
LIMITATION OF LIABILITY
- Remember that you are using the Website at your own cost and risk.
- We are not responsible for your use of the Website in a manner inconsistent with the regulations of Terms and Conditions.
- We also reserve that Users are solely responsible for content and veracity of Room Listings, Property Listings and Profile Listings published by them on the Website, in particular, the Service Provider shall not be liable for any consequences of using information obtained by Users through the Website, in particular for consequences of decisions on renting the property based on that information.
- Responsibility for the Materials available on the Website, including responsibility for publication infringing copyrights or personal rights of third parties, shall be borne exclusively by Users publishing them.
- We make every effort so that you can freely use the Website, we cannot guarantee that each use of the Website will be proceeded without errors, faults or breaks.
- We are not responsible for any damages that happens due to an interruption in access to the Website if it is caused by circumstances independent from us, in particular, force majeure, malfunctioning or failures of network of Internet providers, your hardware or software, and your failure to act in accordance with Terms and Conditions.
- We are not responsible for the loss / entry into possession by third parties of your login and password for User Account, unless this loss occurred due to reasons attributable to us.
- Use of the Website is subject to the minimum technical requirements:
1) Internet connection,
2) access to the latest version of the browser: Chrome, Firefox, Opera, Internet Explorer or Safari.
- We reserve the right that using certain functionalities within the Website may require enabling secure data transmission protocol SSL, enabling Java Script, Java, Flash and cookies.
INFORMATION ABOUT SPECIFIC RISKS RELATED TO THE USE OF THE WEBSITE AND ABOUT FUNCTION AND PURPOSE OF SOFTWARE OR DATA WHICH ARE NOT COMPONENT OF THE WEBSITE’S CONTENT
- Based on art. 6 of Act on Providing Services by Electronic Means, we present the following information about the risks associated with the use of the Website, identified by us as potential risks which should be taken into account when deciding to use the Website.
1) The possibility to receive unsolicited commercial information (i.e. Spam) transmitted by electronic means,
2) The possibility of malicious software activity (malware, bugs) in a network environment distributed through code replication,
3) The possibility of phishing through fake emails confusingly similar to genuine ones in order to acquire your personal and confidential information (i.e. login and password),
4) The possibility of hacking in order to obtain your personal and confidential information for the purpose of ID theft by sending fake emails resembling authentic ones,
5) The possibility of scams (scammers) in order to obtain upfront prepayment from You by sending fake emails resembling authentic ones which imitate property owner or property agent. Hence we advise to never pay upfront - to secure the room or property for rent - without viewing the place for rent in person first.
6) Violation of your copyrights through unauthorized copying and using your Materials without your permission.
- The function and purpose of software or data which are not a component of Website Content, introduced by Service Provider to IT System for Information System, are defined in § 11 of Terms and Conditions.
§ 9 .
INTELLECTUAL PROPERTY RIGHTS
- All Materials available on the Website, including in particular, but not only text, pictures, graphics or trademarks are protected by copyright property rights granted to Service Provider or third parties, and thus, you can use it only in the context of personal use.
- Any use of the above mentioned Materials that goes beyond personal use, including copying, transmission, public disclosure and any other use is allowed only with the approval of authorized entities.
- By providing your own Materials on the Website, you agree and accept that they might be used by other Users for their personal use and you give Service Providers the right to edit, copy and distribute these materials for the needs of the Website.
- Complaints relating to the provision of Service within the Website, can be submitted to us via electronic contact form available on the Website at ozflatmates.com/contact.
- While reporting complaint please provide us with your first and last name, email address and phone number provided during Registration, along with description of the subject of complaint. This information enables us to deal with your complaint. We reserve the right that complaints which do not contain specified information will not be considered by us.
- If you report your complaint properly, we respond within 14 (fourteen) days from the date of its receipt. In justified cases, we can extend the deadline for complaint consideration, which we will inform you about.
- Using some specific features available on the Website will require you to provide certain personal data.
- We fully respect your right to privacy and we protect your personal information to the fullest extent possible.
- We use your personal data in order to provide you with adequate Services and for statistical purposes.
- Administrator of your personal data is: New Web Spółka z o. o. with its headquarters in Poland, 00-819 Warszawa.
- You have the right to revoke permission to use personal data at any time, provided that when data being a subject of revocation are necessary to use certain functionalities of the Website, such a statement would be equivalent to a declaration of termination of your Agreement.
- We ensure that your personal information will not be shared with third parties unless:
1) the obligation to disclose personal data results from applicable law or where the disclose is for the purposes of protection of your rights or resolving the dispute, or
2) you agree to this.
- This Terms and Conditions shall come into force on 1st of March 2018.
- The latest version of Terms and Conditions is available on the Website at info.ozflatmates.com/terms in a version allowing its storage and reopen on your computer or other electronic device.
- We reserve the right to change the provisions of Terms and Conditions, in whole or in part, at any time, without stating the reasons for the changes. Amendments to Terms and Conditions are effective from the date of their publication on the Website at info.ozflatmates.com/terms.
- In cases not covered by Terms and Conditions the relevant provisions of Polish law applies.
Latest update: October 26, 2020