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Terms of Use of the www.immocap.sk website

1.
Introductory provisions and definitions

For the purposes of these Terms and Conditions, the terms defined below shall be understood as follows:

"Company"

means Immocap Services, s. r. o., with registered office at Mlynské nivy 55, 821 09 Bratislava –Ružinov, ID No.: 36 362 531, VAT ID No.: SK2022201632, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Insert No.: 40734/B;

"Copyright Act"

means Act No. 185/2015 Coll., the Copyright Act, as amended;

"e-Privacy Directive"

means Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications);

"Websites" or "Website"

means www.immocap.sk, including any and all parts, sections and sub-sections thereof;

"Privacy Policy"

means the up-to-date versions of the Company's Personal Data Processing Policy and Cookie Policy available on the Website;

„GDPR“

means 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 (General Data Protection Regulation);

"User" or "Users"

means a natural person accessing the Websites and interacting in any way with the Website content;

"Information Society Service"

means an information society service under Section 2 (a) of Act No. 22/2004 Coll. on Electronic Commerce, which the Company provides through the Websites pursuant to these Terms and Conditions.

2.
Information about the Information Society Services provider
  • 2.1.

    The Company is the provider of the Information Society Services on the Websites.

  • 2.2.

    The provision of Information Society Services on the Websites is not part of any regulated professions.

  • 2.3.

    Access to the Websites is freely available and all related Information Society Services are provided to Users without the need for financial consideration.

  • 2.4.

    The User may use the contact details provided in the Personal Data Processing Policy to contact the Company.

3.
Subject matter and basic provisions
  • 3.1.

    The subject matter of these Terms and Conditions is the mutual regulation of the rights and obligations of the Company as the Information Society Services provider and Users as persons using these services. The Information Society Services provided by the Company under these Terms and Conditions include, but are not limited to (to the extent permitted by law): the display of content and information in the subject areas covered by the Websites; the customization of content and information to the User's preferences; the search for information on the Websites; the display of personalized ads on the Websites; services related to or provided via social networks; and other services in line with these Terms and Conditions; whereby the User agrees that the concrete specifications of such services are at the sole discretion of the Company.

  • 3.2.

    These Terms and Conditions apply to the use of the Websites operated by the Company, and by accessing or using the Websites, the User agrees to these Terms and Conditions and undertakes to comply with them.

  • 3.3.

    The Websites are intended for Users, notwithstanding the fact that they are or may be accessible to persons other than Users, solely for their personal use and for a purpose that is not directly or indirectly commercial, unless the User is expressly authorized to do so by an individual contractual relationship with the Company. Any other use of the Websites (in whole or in part) is subject to the prior verifiable consent of the Company.

4.
Rights and obligations of the Company
  • 4.1.

    The Company has the right to deny or restrict any User access to the Websites in the event that the User breaches these Terms and Conditions or in the event that the Company's internal security so requires.

  • 4.2.

    The Company has the right to remove, amend or modify any content and/or any part of the content published on the Websites at any time. The Company may make changes and improvements to the functionality and content of the Websites at its sole discretion.

  • 4.3.

    The Company displays its own or third-party advertising, the extent of which the Company may at any time, at its sole discretion, change, expand and adapt to the User's preferences.

  • 4.4.

    The Company may link to third-party websites and electronic files on the Websites, but is not legally responsible for the content of such third-party websites and electronic files. In the event that the User’s interaction with such a link requires third party data processing, the Company may inform the User of this through the Company’s Privacy Policy, which may also refer to the third-party privacy policy governing such processing.

  • 4.5.

    The Company will refuse to remove or restrict access to any information or content of the Websites at the request or suggestion of a User if, in the Company's legal opinion, the content in question is not illegal and its preservation is necessary in a democratic society for the exercise of freedom of expression and dissemination of information; this shall not apply if the illegality of the content has been established by a final and substantive decision of a competent administrative authority or court, or if the User obtains an interim measure or if the Company freely decides otherwise on the basis of its consideration of the individual factual and legal circumstances of the case.

  • 4.6.

    Nothing in these Terms and Conditions shall prevent the Company from restricting the availability and/or functionality of any Websites for any period of time at any time; this shall be without prejudice to the contractual rights and entitlements of the Company's business partners.

  • 4.7.

    In the event that the Company is notified of illegal content or becomes aware of facts that objectively cause the illegality of the content found on the Website and/or any part thereof, the Company shall act promptly and remove or disable access to the information related to the identified illegal situation if, in the Company's opinion, illegal conduct will or could occur in connection with the information contained in the content of the Websites

5.
Rights and obligations of the User
  • 5.1.

    The User has the right to use the Information Society Services in accordance with these Terms and Conditions.

  • 5.2.

    Each User shall notify the Company without delay of any suspicion of illegal content on the Website and/or any part thereof which would or could affect the User or any other natural or legal person, specifying the content that violates the rights and freedoms of the natural or legal person concerned, as well as to specify what the User requests from the Company (e.g. removal of the content), and what the User believes makes the disputed content illegal.

  • 5.3.

    In particular, the User shall not: modify, alter and interfere with the Websites in any unauthorized way, make copies and/or extract copies of the contents of the Website and use them for any commercial or non-commercial purpose without the specific verifiable consent of the Company; undermine the integrity of the data integrated into the Websites, including any component of the Website, in particular by interfering with or altering the graphics, layout, structure, texts or databases used by the Websites; attempt to gain unauthorised access to the Company's information systems via the Website; attempt to modify the machine or source code of the Website and attempt to reverse engineer or otherwise interfere with the functionality of the Website, other than in the normal course of its use; attempt in any other way to impair the integrity and availability of the information and/or features available on the Website; attempt in any way to violate or compromise the confidentiality of information not publicly available through the Website; exploit any copyrighted content that is posted on the Website without the Company's prior written consent.

  • 5.4.

    If the User does not agree with the Terms and Conditions, the User must leave the Website and cease to use it.

6.
Privacy protection
  • 6.1.

    If the Website is optimised for the processing of cookies and/or if processing of the User's personal data takes place via the Website, the Privacy Policy will apply. Currently, all Websites are optimised for the use of cookies.

  • 6.2.

    With the Privacy Policy, the Company fulfils its information obligations under Articles 13 and 14 of the GDPR and the User, by visiting the Website and using the Information Society Services, confirms that they are familiar with it.

  • 6.3.

    The Company does not use any automated monitoring system to search for and/or analyse illegal content on the Websites.

  • 6.4.

    The Company must not exclude the disclosure of so-called electronic communication data, including so-called electronic communication metadata including the User's IP address, to authorised public authorities in the performance of their duties and obligations under specific laws (e.g. police authorities in the investigation of criminal offences) or in the notification of facts relating to suspected criminal offences.

7.
Responsibility for the Websites
  • 7.1.

    The Company is not responsible for the information transmitted between the Website and the User's terminal device, as the transmission of this information is initiated by the User's activity, the Company does not select its Users, nor does it select and alter the information that is transmitted.

  • 7.2.

    The Company is not responsible for the automatic, temporary and transitory storage of information in the memory of an electronic device used for information retrieval (e.g. browser, computer), which is done solely for the purpose of streamlining further transmission of information to other recipients of the service at their request (so-called caching).

  • 7.3.

    The Company is not responsible for any failures or errors on the Website.

  • 7.4.

    The Company is not responsible for any direct or indirect, special, consequential or incidental damages, losses or expenses arising out of or related to the connection to and use of the Websites, nor for any damages arising out of or related to any partial or complete non-functionality of the Websites, inability to use the Websites, or in connection with any failure, error, omission, interruption, delay in operation or transmission, cyber-attack or other malfunction of the Websites.

  • 7.5.

    The Company provides the Website "as is", without any warranties or additional representations.

  • 7.6.

    The Company is not responsible for the truthfulness, content and form of other external websites accessible via the Website. The Company does not investigate, verify or monitor the content of such external websites. The Company is not and will not become a party to any legal relationship that the User may establish with such third parties.

8.
Copyright
  • 8.1.

    In accordance with the Copyright Act, the Company is the person entitled to exercise all proprietary rights to the Websites, in particular to distribute the content of the Websites and to grant consent for their use; and the Company is the person entitled to use the content. In individual cases, reference may be made to the copyright holder or the copyright holder's assignee.

  • 8.1.

    Use of the Websites and/or of the Information Society Services does not give the User any proprietary rights, licenses, sublicenses or any other rights to the content published on the Websites; this does not affect the User's ability to view the content of the Websites and to use the Websites for the User’s own personal use in accordance with these Terms and Conditions.

  • 8.1.

    The User shall not infringe or jeopardize the copyright and intellectual property rights of the Company or third parties when using the Information Society Services.

  • 8.1.

    The User shall immediately report any suspected infringement of copyright and intellectual property rights in connection with these Terms and Conditions, regardless of whether the infringing party is the User or a third party.

9.
Links
  • 9.1.

    All links to the Website in any form placed on the Internet as a result of the active conduct of a third party who is not acting within the scope of their own permitted private activity (i.e., for example, sharing on an individual's personal profile on a social networking site) must be approved in advance in writing by the Company (for example, if the links are directed to the Website as part of a business or other professional activity on a company's official websites), unless otherwise agreed to in an individual contract with the Company.

  • 9.2.

    All links to the Websites, whether or not consent is required under the preceding paragraph, must not be defamatory of the Company or its interests and must not be of a derogatory or vulgar nature.

  • 9.3.

    As a condition of consent to linking to the Website, the operator of the other website agrees that the Company may, at any time, in its sole discretion, revoke the permission to link to the Website, together with an undertaking by the operator of the other website to immediately remove all internet links to the Website and the Company's trademark immediately upon revocation of the consent under para. 9.1 of these Terms and Conditions.

10.
Final Provisions
  • 10.1.

    These Terms and Conditions shall be governed by and construed in accordance with Slovak law and in particular Act No. 40/1964 Coll., the Civil Code, as amended.

  • 10.2.

    The Website content is not intended for use and/or distribution to, or by any person who is a resident or domiciled in any country or subject to any jurisdiction where such use would be unlawful or would require the consent of any competent authority or other authorised persons, or where the creation, operation and/or distribution of the Website content or any part thereof would require any authorisation, registration or other requirement.

  • 10.3.

    The invalidity of any provision of these Terms and Conditions shall not affect the validity of the remaining provisions.

  • 10.4.

    These Terms and Conditions also apply mutatis mutandis to the services provided by the Company via social networks.

  • 10.5.

    The User shall be liable for any damage caused by a breach of these Terms and Conditions. If the User causes damage to a third party by violating these Terms and Conditions, by using the Websites or by using the Information Society Services, the User shall to pay for the damage on demand, without any charge to the Company.

  • 10.6.

    The Company may unilaterally change the content of these Terms and Conditions at any time and the change shall be effective upon posting of the updated version of the Terms and Conditions on the Website.




Terms of Use are currently valid from 01.12.2024.