HOMESTIFY.COM Website regulations
Thank you for visiting our website, available at the following address: https://homestify.com (hereinafter referred to as: „Homestify.com”, or „the Website”).
Homestify.com is the property for sale portal. The Website enables its users, among others, to add and edit, as well browse and look for announcements referring to sales and renting of real estate all around the world.
Data contained in announcements presented on the Website is intended for information only and they cannot be considered as a binding trade offer, but at most the invitation to conclude the contract, directed by the announcer to other visitors of the Website. Each time, in order to conclude the contract referring, among others, to sale or renting of the real estate, it is necessary to contact the announcer out of the Website and discuss all details by the parties interested. The owner of the Website is not an author of announcements presented on the Website by its announcers and it does not interfere with their contents and conditions of contractual relationships entered into by the Users of the Website.
A formula of these regulations assumes determination of general terms and conditions for the use of the Website. These conditions, in the case of taking up a decision by the visitor on using Homestify.com, regulate in particular the terms for the use of the Website, including our liability.
We invite you to read the regulations
1) ABOUT US
Homestify.com is owned by the Company Homestify Ltd. with the registered office in London (registered and mailing address: 71-75 Shelton Street, Covent Garden, WC2H 9JQ, London, England), entered in the register of companies for the United Kingdom, including England and Wales, Northern Ireland and Scotland, held by the Companies House under no. 12168629, having electronic mail address: [email protected] (hereinafter referred to as: „the Service Provider”).
- Definitions used in these regulations have the following meanings:
- CHAT – Electronic Service, enabling its Users to perform real-time discussions, in particular those referring to the subject and conditions of the Announcement.
- WORKING DAY – one day from Monday till Friday, excluding public holidays.
- ACCOUNT – Electronic Service, determined by individual electronic mail address (e-mail address) and password set by the User, data supply and functionalities available in the computerized system of the Service Provider, in which data provided by the User and information on his/her activities on the Website are collected.
- ANNOUNCEMENT – announcements of all types published by the User on the Website independent on the User’s name, placed by the User in the relevant section of the Website. Announcements presented on the Website is intended for information only and they cannot be considered as a binding trade offer, but at most the invitation to conclude a contract, directed by the announcer to other visitors of the Website.
- REGULATIONS – these Regulations, referring to the Website.
- WEBSITE, SITE, HOMESTIFY.COM – Website of the Service Provider, available at https://homestify.com.
- ELECTRONIC SERVICE – service provided to the User electronically by the Service Provider through the Website, in accordance with the Regulations.
- USER – (1) natural person being fully capable of taking legal actions and in the cases provided for by the mandatory legislation, it also refers to a natural person having limited legal capacity; (2) legal person; or (3) organisational unit without legal personality – who is using or intending to make use of Electronic Services available at Homestify.com.
- SERVICE PROVIDER – company Homestify Ltd. with the registered office in London, registered and mailing address: 71-75 Shelton Street, Covent Garden, WC2H 9JQ, London, England), entered in the register of companies for the United Kingdom, including England and Wales, Northern Ireland and Scotland, held by the Companies House under no. 12168629, having electronic mail address: [email protected]
- BROWSER – Electronic Service, browser available for all Users at the homepage of the Service Provider enabling them to search for Announcements presented on the Website.
3) GENERAL CONDITIONS FOR USE OF HOMESTIFY.COM
- Homestify.com was developed in order to help Users to place, browse and search for Announcements referring to the sale or rental of real estates all around the world.
- Announcements presented on the Website are intended for information only and they cannot be considered as a binding trade offer, but at most the invitation to conclude a contract, directed by the announcer to other visitors of the Website. Each time, in order to conclude the contract referring, among others, to sale or renting of the real estate, it is necessary to contact the announcer via Chat or out of the Website and discuss all details by the parties interested. The owner of the Website is not an author of announcements presented on the Website by its announcers and it does not interfere with their contents and conditions of contractual relationships entered into by the Users of the Website. The Website also does not enable its Users to conclude through the Website, a contract being the subject matter of the announcement.
- The User commits himself/herself to use the Website in a legally sound manner and with the respect for good practices, taking into account personal interests, copyrights and intellectual property rights of the Service Provider or third parties. The user shall enter information which is factually correct. The User is forbidden to enter any unlawful contents.
- The Service Provider shall not be held responsible for personal data of its Users collected through the Website, if in spite of using adequate preventive measures, it is not aware of unlawful character of such data or illegal activity related to such information, and when it is officially notified or reliably informed on illegal character of such information or activity related to it – it shall react without delay and prevent from access to such information.
4) MAKING USE OF ELECTRONIC SERVICES BY THE USER
- Any User may use the Website in accordance with conditions specified in the Regulations.
- The User may use the following Electronic Services provided by the Website:
- Detailed description of Electronic Services and their operating principles can be found on the Website in the bookmark „Help” and in the Regulations.
- The Service Provider shall be held responsible only for providing of the correct functioning of Electronic Services.
- Using of available Electronic Services is generally free of charge, except from those functionalities, which have been explicitly specified as chargeable.
5) USING CHAT SERVICE
- Electronic service Chat is free of charge, and in order to make use of this service it is necessary to create an Account.
- Using Chat begins through (1) going to the page Announcements, and (2) opening of Chat window by clicking „Chat” button. The Service Provider may simultaneously chat with numerous announcers and browse the history of the current and previous discussions. In order to use Chat, each time it is necessary to enter the message and click the action button.
- While using Chat, it is not allowed to send contents abusing netiquette rules or containing information, which is untrue or which might mislead other Users, and also those containing advertising contents or promoting directly other Websites, especially the competitors of Homestify.com.
- Electronic Service Chat is a one-time service, which is ended in the moment of sending a message through it or in the moment the User stops sending messages through it.
6) USING OF THE ACCOUNT
- Using of the account is possible when the three subsequent steps are followed by the User – (1) filling up of the registration form, (2) clicking of the button „Create the account” and (3) confirming of the intention to create an Account by clicking on the link which had been sent automatically to the e-mail address provided by the User. In the registration form, it will be necessary to enter the User’s email address and a password, as well as specifying the status of the Website’s User (private person, agency, or developer).
- The User may also create an Account on the Website by logging in it via his Facebook or Google.com account. Then, the Account on the Website is created based on information imported from Facebook.com or Google.com websites, it also does not require additional confirmation by the User.
- Having an Account is necessary for placing of an Announcement. However, it is not necessary for using of the Website, which consists of passive browsing of Announcements only, but creating of the account would provide access to additional functionalities provided by the Website, e.g. adding of an Announcement to ‘Favourites’ category or getting in contact via Chat service.
- The User may at any time and without giving the reasons, cancel his/her Account (to unsubscribe from the Account) by sending the relevant request to the Service Provider, particularly via e-mail, to the following address: [email protected] or by modifying the Account settings.
- The Service Provider stipulates the right for suspending of the User’s Account in the following cases:
- If the User, in spite of being notified by the Service Provider with giving the reasons , keeps on breaching of the Regulations;
- If the User, in spite of being notified by the Service Provider with giving the reasons, is in arrears with any payments to the Service Provider;
- If the User, in spite of being notified by the Service Provider with stating of the reason, puts illegal or advertising contents in the Announcement, or trading information encouraging to visit websites or competitors of the Website, including website addresses, names and logos of such websites or competitors;
- If activities of a given User, in spite of notifying him/her with giving the reasons, are detrimental to the good name of the Service Provider or the Website.
- The Account may be suspended temporarily for the period determined by the Service Provider or for the indefinite period. In the suspension period, it will not be possible to place new Announcements. Moreover, suspension of the Account may result in withdrawal of all Announcements placed through it. In suspension period, the User shall take up activities aiming at removal of causes for its suspension, and after they had been removed, the User shall inform the Service Provider on that fact without delay. The Service Provider will resume the Account immediately after the reason for the suspension ceases, but not later, than within 5 working days.
- In the case of an Account suspended for more, than 30 calendar days and the lack of ceasing of the reasons for its suspension, the Service Provider has the right to terminate the Electronic Service contract with the 7-days termination period.
7) USING OF THE BROWSER
- E-browser service is free of charge and it does not require creating of the User’s account.
- Using of the browser starts in a very moment of going to the homepage of the Website, entering or clicking on a phrase searched for and clicking on the action button. The User may also use categories, filters and searching options available in the browser. Using of the browser is a one-time activity and it finishes in the very moment the browser is closed.
8) CONDITIONS FOR PLACING OF AN ANNOUNCEMENT
- Placing Announcements on the Website is free of charge and it requires creating of an Account.
- Placing of an Announcement is possible through the form available on the Website’s page by clicking of the button „Free Announcement” – filling up of the form is possible only when you are logged in the Account on the Website. Depending on a type of an Announcement, it is required to provide data marked in the form as the obligatory fields, and clicking on the action button. The announcement shall be published on the Website immediately, but not later, than within 24 hours after clicking on the action button.
- Publishing of an Announcement means, that it shall be visible on the Website for all visitors for the period of 31 calendar days. The User interested in prolongation of the Announcement’s displaying period, can make a free of charge prolongation by the next 31 calendar days, which is possible 2 days before the date of expiration of the announcement’s displaying period at earliest, or at any time after its expiration on the Website.
- Announcements presented on the Website can be divided into two main categories, according to the subject of the Announcement: (1) sale and/or rental of the property, and (2) searching for the property for sale or rental. The User being a consumer may place maximum one Announcement at a time in the property for sale/rental category, and one Announcement in the Searching for the property category. In the case of a User verified on the Website as a ‘developer’, the number of Announcements in the subject of the property for sale/rental is unlimited, while it is not possible to place an Announcement in the category Searching for the property. The above limitations regarding a number of active Announcement do not refer to the User, who registered his/her Account status as „the estate agency”.
- The User placing an Announcement commits himself/herself to provide only true, reliable and non- misleading information.
- The User publishing an Announcement commits himself/herself to provide factual, explicit, understandable, reliable and non-misleading information referring to the subject and conditions of the Announcement. Placing of an Announcement must not breach legal regulations or any rights of third persons. The Announcement shall reflect the real intention of the User. The Announcement, its subject and contents shall be compliant with the law and good practices, especially taking into consideration the respect for personal interests, copyrights and intellectual property of the service Provider, other Users and third parties.
- The User commits himself/herself to place an Announcement having the contents compatible with the Website’s subject matter and in the category relevant for a given type of an Announcement.
- The User commits himself/herself not to place in the Announcement (including photos) any unlawful or advertising contents, or trading information encouraging to visit websites that are competitive to the Website, as well as addresses of internet sites, names and logos of such websites.
- The Service Provider reserves the right to call the User for modification or deletion of the contents placed by the User on the Website, if they breach the Regulations, giving the reasons, in case the calls for deleting of such contents are ineffective. The Service Provider also reserves the right to call the User for changing of the pictures presented in the Announcement, if they don’t meet the aesthetic requirements of the Website.
9) CONTACT HOMESTIFY.COM
The basic form of regular remote communication with the User is an electronic mail (e-mail: [email protected]), through which is possible to exchange information with the Service Provider on using of Homestify.com. Users may contact us by other means permitted by law.
10) COMPLAINTS ABOUT HOMESTIFY.COM
- The Service Provider is held responsible only for the incorrect functioning of the Website and its Electronic Services. The Service Provider is responsible for a damage suffered by the User during using of the Website and its Electronic Services, if the Service Provider or entities acting on its behalf are guilty of the irregularities which led to injury.
- Complaints about operation of the Website may be lodged, e.g. by electronic mail (e-mail) to the following address: [email protected] or in written form, to the address: 71-75 Shelton Street, Covent Garden, WC2H 9JQ, London, England.
- It is recommended to specify the following in the contents of the complaint: (1) information and circumstances referring the subject of the complaint, especially a type and date of a notified irregularity; (2) type of request; and (3) contact information of a person lodging a complaint – it will help and facilitate handling of the complaint by the Service Provider. Aforementioned requirements are recommendations only and they don’t affect the effectiveness of the complaint lodged otherwise.
- The Service Provider shall provide a reply to the complaint without undue delay, not later than within 30 calendar days from the date of its lodging. In the case of consumers, if they won’t receive the reply within the aforementioned period, it means, that the Service Provider considered the complaint fully justified.
11) WITHDRAWAL FROM THE CONTRACT
- This point of the Regulations shall apply only to the Users being consumers.
- The right to withdraw from a distance or off-premises contract is not granted to a consumer, among others, in the case of the following contracts: (1) for rendering of services, if the Service Provider fully provided the service with the prior express consent of the consumer, who was informed in advance, before realisation of the service, that he/she shall lose his/her right to withdraw from the contract after performance of the service; (2) for supply of digital contents which were not saved on tangible medium, if performance of the service was commenced upon the express consent of the consumer before the end of the withdrawal period and after the consumer was informed by the Service Provider on the loss of the right to withdraw from the contract.
- Subject to point 11.2 of the Regulations, the consumer, who concluded a distance contract has the right to withdraw from such a contract without giving the reasons or paying charges, within 14 calendar days. In the case of the service, performance of which – on the consumer’s express demand – was commenced before the expiry of the withdrawal period, the consumer who fulfils his/her right to withdraw from the contract after he had submitted the aforementioned demand, shall be charged for services rendered to him/her till the date of his/her withdrawal from the contract. The charge shall be calculated proportionally to the period of the service rendered, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration are excessive, the basis for such calculation shall be the market value of the service provided.
- In order to observe the withdrawal period, it is sufficient to send the withdrawal form before the expiry of the withdrawal period. The withdrawal form may be submitted e.g.: in writing to the following address: 71-75 Shelton Street, Covent Garden, WC2H 9JQ, London, England, or electronically by e-mail to: [email protected]
- The run of the withdrawal period starts, in the case of the contract for services, from the date of concluding of the contract.
12) EXTRAJUDICIAL COMPLAINT AND REDRESS MECHANISMS
- This point of the Regulations shall apply only to the Users being the consumers.
- Detailed information on the possibilities of the User who is a consumer, to make use of extrajudicial complaint and redress mechanisms and methods for having access to those procedures in the territory of the state of residence of a give User can be found at the following website: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2.
- The consumer who wishes to use extrajudicial complaint and redress mechanisms may, for example, ask for: (1) assistance of the Consumer Protection Association (for more information, please visit: https://www.thecpa.co.uk/) or (2) free assistance offered by the Citizens Advice (for more information, please visit: https://www.citizensadvice.org.uk/)
- At http://ec.europa.eu/consumers/odr you can find an online dispute resolution platform (ODR platform), enabling settlement of disputes between consumers and entrepreneurs on the EU level. ODR platform makes an interactive and multi-language website with the point of the comprehensive handling of consumers and entrepreneurs aiming at extrajudicial resolution of a dispute on contractual obligations resulting from internet sales contract or contract for services (for more information, please visit the platform’s website).
13) PROVISIONS REFERRING TO ENTREPRENEURS
- This point of the Regulations applies only to the Users, who are not consumers (such as estate agencies, developers or other entrepreneurs using the Website in relation to their economic activity).
- The Service Provider has the right to immediately remove the contents placed by the User on the Website, if the Service Provider considers them to be inconsistent with the subject matter of the Website, untrue, unreliable, indecent, offensive or infringing the rights of third parties, without prior notification of the User.
- The Service Provider has the right to withdraw from the Contract for Electronic Services concluded with the User, who is not a consumer, within 14 calendar days from the date of its concluding. In that case, withdrawal from the contract can be made without giving the reasons, not imposing any claims against the Service Provider on the part of the User who is not a consumer.
- The Service Provider can terminate a contract for Electronic Services with the User who is not a consumer, with immediate effect and without giving the reasons by providing such a User with a relevant statement.
- At any time, the Service Provider has the right to take up activities aiming at verification of veracity, reliability and accurateness of information provided by the User, who is not a consumer. Regarding the verification, the Service Provider has the right, among others, to request from the User who is not a consumer, a scanned copies of certifications, statements or any other documents necessary for such verification. During the process of aforementioned verification, the Service Provider has the right to suspend the Account of the User who is not a consumer, for the verification period.
- The Service Provider is held responsible in relation to the User who is not a consumer, regardless of its legal grounds, to the value of the last payment effected for using of the Website, or in the absence thereof, only to the value of the material damage actually incurred. The Service Provider is held responsible in relation to the User who is not a consumer, only for typical and actually incurred damages, reasonably foreseeable in the moment of concluding of the contract, caused by intent or gross negligence, but excluding lost profits.
- The Service Provider shall not be held responsible to the User, who is not a consumer, for damages and non-performance of responsibilities resulting from force majeure or any other reasons being beyond the control of the Service Provider.
- All disputes arising between the Service Provider and the User who is not a consumer, if they cannot be settled amicably, shall be referred to the competent court having jurisdiction over the registered office of the Service Provider.
- Copyrights and intellectual property rights related to the Website as a whole and its individual elements, including its graphics, composition, designs and symbols making a part of it are the property of the Service Provider or any other authorised third parties and they are protected by relevant provisions of the copyright and other respective binding provisions of English law. Protection granted to the Website includes all forms of their expression.
- Any trademarks of the Service Provider and third parties shall be used in accordance with the binding legal regulations.
15) FINAL PROVISIONS
- Contracts concluded via Homestify.com are concluded in English language. In all issues not addressed in these Regulations, the relevant provisions of English law shall be applied. If any of the provisions of the Regulations is held to be invalid in part or in whole, it shall not affect the validity of the remaining provisions, and on the User’s request, the Service Provider is held responsible for replacing of an invalid provision with the one, legal force and economic effect of which are as close as possible to the original intention of the replaced provision.
- These regulations don’t exclude regulations binding in the country of the habitual residence of a consumer concluding a contract with the Service Provider, which cannot be derogated from by agreement. In such a case, the Service Provider guarantees to a consumer the protection granted to him based on regulations, which cannot be derogated from by agreement.
- The Service Provider reserves the right to modify the regulations for important reasons only, i.e.: changes in legal regulations, adding of new E-services, implementing some fees for using the functionality of the Website or data modification of the Service Provider – as far as they affect realisation of the provisions of this Regulation.
- If based on this Regulation, any continuing agreements were concluded (e.g. provision of an Electronic Service – Account), modified Regulations are binding to the User, if he/she was duly notified on such modifications (via e-mail message and the message popping up while using of the Account on the Website) and he/she didn’t terminate the contract within 14 calendar days from the date of notification. If modification of the Regulations results in introduction of any new fees or increase in the existing ones, the User being the Consumer has the right to withdraw from the contract.
- If based on these Regulations, other contracts than continuing ones are concluded, modifications of the Regulations won’t affect in any way the rights acquired by the Users before the date of entry into force of such modifications in the Regulations, and in particular, such modifications in the Regulations won’t affect the already concluded, processed or realised contracts with the Users.