General terms & conditions

1SUBJECT-MATTER OF TERMS OF USE

1.1 The Operator allows Visitors to use the Website in accordance with these Terms of Use for the Visitors to be able to view its content and to view the Operator's offers relating to the rental and sale of properties presented on the Website (hereinafter referred to as "Offers"). The Operator also provides Visitors with the opportunity to use the Website to contact the Operator, or the authorized persons of the Operator, via the contact form in the case of interest in the Offer.

1.2 The Website is also used for presenting other services of the Operator or provided by the Operator and to share Operator’s articles.

1.3 The Terms of Use represent a legally binding agreement between the Operator and the Visitor, and the Visitor agrees to comply with them when using the Website. Should the Visitor not agree with the Terms of Use, the Visitor cannot use the Website.

2OFFERS

2.1Operator’s Offers are for informative purposes. Offers are not understood as a proposal to conclude a contract pursuant to Section 1731 et seq. of Act No. 89/2012, the Civil Code, as amended (hereinafter referred to as the "Civil Code"). The Operator is not obliged to provide the Visitor with mediation of the subject-matter of the Offer.

2.2The Operator hereby reserves the right to alter or cancel the Offer at any time.

2.3The Website does not allow entering into a contract concerning the Offer by the Visitor and the Operator; any real estate brokerage contract concerning the Offer must be negotiated by the Operator with the Visitor outside the Website under individual conditions.

3REGISTRATION AND USER ACCOUNT

3.1 The Visitor may use the Website without being registered. If the Website allows so in the given moment, in order to facilitate the use of the Website, the Visitor may voluntarily register with the Website and create his/her user account (hereinafter referred to as the "User Account")

3.2 Certain Website features may only be available to registered users via the User Account.

3.3 For registration purposes, the Visitor fills in an electronic form on the Website and sends it to the Operator via the Website interface. In the registration form, the Visitor must enter correct and complete information marked as mandatory.

3.4 A natural person may independently register if they have reached the age of 18 by the date of completion of the registration and have full legal capacity.

3.5 By submitting the registration form, the Visitor confirms that they are familiar with these Terms of Use and that they agree with their wording. The Visitor also confirms that he or she understands the Privacy Policy available, among others, in the Website interface

3.6 After sending the registration form to the Operator, the Visitor is obliged to verify their e-mail address according to the Operator's instructions. In the moment of verification of the Visitor’s e-mail address, the registration is completed (i.e., an agreement on registration and establishment of the User Account is made, hereinafter referred to as the “Registration”)

3.7 Based on the Registration, a User Account is automatically created.

3.8 The User Account belongs to one Visitor at a time. A Visitor may only have one User Account at a time.

3.9 The Visitor is responsible for ensuring that all information provided in the User Account is true and accurate. In the case of any changes, the Visitor is obliged to update the information without undue delay. The Operator is not liable for any damage incurred as a result of a breach of the Visitor's obligations under this paragraph.

3.10 To access the User Account, the User's login credentials must be entered correctly. The Visitor is obliged to adequately protect his or her login details and prevent any third party from accessing the access details or the User Account. In the case of suspected disclosure or misuse of the access data, the Visitor must change his or her access data without undue delay and inform the Operator of this suspicion.

3.11 The User is not entitled to allow any third party to use their User Account. The Visitor is responsible for any activity occurring within their User Account, regardless of whether it is done by the Visitor, another authorized person or another third party.

3.12 The Operator is not liable for any damage resulting from an unauthorized access to the User Account by a third party as a result of non-compliance with the Visitor's obligations under these Terms and Conditions

3.13 The Visitor is entitled to cancel his or her User Account at any time and thereby terminate the Registration via the Website interface.

3.14 The Operator may cancel the Visitor's User Account and thereby terminate the Registration, especially if the Visitor has not used his or her User Account for more than 1 (one) year, or if the Visitor breaches his obligations under these Terms of Use. The Operator must notify the Visitor of the termination of the User Account by e-mail.

4VISITOR RIGHTS AND OBLIGATIONS

4.1 Visitors can browse the Website free of charge. The costs for access to the Website (in particular the costs for internet access) are borne by the Visitor.

4.2 Visitors agree to use the Website, its content and features solely in accordance with applicable legislation and these Terms of Use. Visitors are not allowed to use the Website for any other purpose or in any other way; in particular, Visitors are not allowed to:

4.2.1 violate any rights of the Operator, other Visitors or third parties when using the Website or as a result of using the Website;

4.2.2 unlawfully interfere with the Website, modify the Website or its content, attempt at accessing the Website or its features by other means than via the appropriate interface,

4.2.3 reproduce, alter, decompile or otherwise interfere in any way with the software ensuring the operation of the Website, related source codes and documentation unless expressly authorized to do so;

4.2.4 use the Website in a manner that could damage or impede its operation (including interference with the hardware on which the Website is operated),

4.2.5 copy or otherwise take over any content of the Website, including the Offers, use the Website or its content for commercial purposes without the prior consent of the Operator,

4.2.6 use the Site for sending unsolicited messages, malicious computer programs, and other illegal or harassing content;

4.2.7 conceal, cover or falsify his or her identity.

4.3 If the Visitor provides any data through the Website, all such data must be up-to-date, complete and true. The Operator is not responsible for any damage caused to the Visitor by entering data that do not meet the above.

5INTELLECTUAL PROPERTY RIGHTS

5.1 The Website and its content include intangibles protected as copyright works pursuant to act No. 121/2000, on Copyright, on rights related to copyright and on amendments to certain acts (the Copyright Act), as amended, or as other intangibles protected by law (e.g. trademarks, databases, industrial designs, business names and others) (hereinafter jointly referred to as "Protected Goods").

5.2 The Operator may use the Protected Goods only for the purpose of displaying and browsing the Website and individual online Offers and of using the possibility of contacting the Operator or an authorized person of the Operator, in case of interest in the Offer and other functions of the Website in accordance with these Terms of Use for personal purposes, as available at any particular time.

5.3 Visitors may not alter or otherwise interfere with the Protected Goods in any way, process them, create derived works from them, combine them with other works or include them in collective works. A Visitor may not make copies of the Protected Goods. Without limitation of the foregoing, the content of the Website may not be taken over by an aggregator or offer comparator without the consent of the Operator.

5.4 All legal licenses or free use of the Website for the benefit of the Visitor which can be excluded by agreement of the parties, are hereby excluded.

6LIABILITY

6.1 The Operator hereby agrees to take reasonable efforts to make the Website available and functional. However, the Visitor hereby acknowledges that despite the Operator’s efforts, the Website may not always be fully available, especially due to necessary maintenance of the Operator’s hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties. The Operator is not liable for any damage caused to the Visitor due to the unavailability or malfunctioning of the Website.

6.2 The Operator makes no warranties as to the Website, its functionality and availability, its fitness for a particular purpose or its content. The Website is provided “as is” and any malfunctions, unavailability or defects in the content of the Website do not give the Visitor rights from defective performance.

6.3 The Operator is entitled to make changes (including updating and removing) to the content and functions of the Website at any time without prior notice. This is done automatically and these Terms of Use also apply to the updated Website. The Visitor is not entitled to refuse changes.

6.4 The Operator must take reasonable efforts during the creation and operation of the Website to ensure the security of the transmitted information. However, the Operator is not responsible for any breach of the security of the Website and the transmitted information that occurred independently of the Operator's will despite reasonable efforts to secure the information by the Operator.

7SUPPORT

7.1 In case of problems with the Website or its functions (unavailability, malfunctioning), the Visitor may ask the Operator for support by e-mail: poverenec@svoboda-williams.com. The Operator must inform the Visitor of the outcome of the resolution of their request by e-mail provided by the Visitor for that purpose.

7.2 The above e-mail of the Operator may also be used by the Visitor in case of notification of a suspicion that the Website or its content infringe the rights of another person or otherwise violates legislation.

8PRIVACY POLICY

8.1 The Visitor hereby understands that in connection with the use of the Website and with contacting the Operator, or an authorized person of the Operator, via the contact form in case of interest in the Offer, his or her personal data must be processed. More information on the processing of the Visitor’s personal data is available in the document “Personal Data Processing and Client Privacy Protection Policy of Svoboda & Williams s.r.o.”, available at https://en.svoboda-williams.com/personal-data-processing-principles.

9COMMON AND FINAL PROVISIONS

9.1 Visitors may terminate the use of the Website at any time.

9.2 The Operator may deny the Visitor access to the Website at any time, including, but not limited to cases, when the Visitor has violated these Terms of Use or legislation in connection with the use of the Website. The Visitor does not have any claims against the Operator.

9.3 If any provision of these Terms of Use is or becomes invalid or ineffective, the invalid provision must be replaced by a provision the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectiveness of such provision is without prejudice to the validity and effectiveness of the other provisions of the Terms of Use.

9.4 The Operator is entitled to add or change these Terms and Conditions at their discretion at any time. This addition and/or change will be published in the Website interface. As of the effective date of the new version of the Terms of Use, the previous version of the Terms of Use looses effect. If the Visitor does not agree with the modification of the Terms of Use, he or she has the option to immediately terminate the use of the Website at any time. Information about this addition and/or change will also be sent to registered Visitors at their contact e-mail address specified in the User Account. If the Visitor does not agree with the changes, he or she has the right to terminate the Registration at any time.

9.5 These Terms of Use and all legal relations arising therefrom are governed by the rules of law of the Czech Republic. Any disputes are decided within the jurisdiction of a court in the Czech Republic, specifically the Operator’s general court, or the regional court in whose district the general court of the Operator is located, unless the jurisdiction of the court cannot be arranged differently from the legal regulation.

9.6 These Terms of Use come into effect on 25.10.2023.