Terms of use of the website 

(hereinafter the “Terms of Use”)

1. Introductory provisions and definitions

For the purposes of these Terms of Use, the terms defined below shall have the following meaning:

"Company"	means Immocap a.s., with its registered office at Mlynské nivy 55, 821 09 Bratislava, Company ID No.: 35944536, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sa, File No.: 3633/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 the website www.kvarter-living.sk, including any and all of its parts, sections and sub-pages;
"Privacy Policy"	means the current version of the Company’s personal data processing policy available on the Website (www.kvarter-living.sk), and the policy on the use of cookies on the Website (www.kvarter-living.sk);
"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 Website and carrying out any interactions with the content of the Website;
"Information Society Service"	means an information society service within the meaning of Section 2(a) of Act No. 22/2004 Coll. on Electronic Commerce, which the Company provides through the Website pursuant to these Terms of Use.

2. Information about the provider of information society services

2.1. The provider of Information Society Services on the Website is the Company.

2.2. The provision of Information Society Services on the Website does not form part of any regulated profession.

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

2.4. The User may use the contact details published in the Privacy Policy to contact the Company.

3. Subject matter and basic provisions

3.1. The subject matter of these Terms of Use is the mutual regulation of the rights and obligations of the Company as the provider of Information Society Services and the Users as persons using such services. The information society services provided by the Company pursuant to these Terms of Use include in particular (to the extent permitted by applicable law): displaying content and information within the thematic areas to which the Website is dedicated; personalising content and information to the User’s preferences; searching for information on the Website; displaying personalised advertising on the Website; services relating to, or provided through, social networks; other services within the meaning of these Terms of Use; and the User agrees that the specific features of such services shall be determined exclusively by the Company.

3.2. These Terms of Use apply to the use of the Website operated by the Company, and by entering the Website or using the Website the User agrees to these Terms of Use and undertakes to comply with them.

3.3. The Website is intended for Users irrespective of the fact that it is or may be accessible also to other persons, exclusively for their personal use and for a purpose that is neither directly nor indirectly commercial, unless the User is expressly authorised to do so on the basis of an individual contractual relationship with the Company. Any other use of the Website (as a whole or any part thereof) is subject to the Company’s prior consent demonstrably given in a credible manner.

4. Rights and obligations of the Company

4.1 The Company has the right to refuse or restrict access to the Website for any User if the User breaches these Terms of Use or if such refusal or restriction is necessary for the Company’s internal security reasons.

4.2. The Company has the right at any time to remove, change, supplement or otherwise modify any content and/or any part of the content published on the Website. The Company may change, supplement and improve the functionalities and content of the Website at its sole discretion.

4.3. The Company displays its own advertising or third-party advertising, and is entitled, at its sole discretion, to change, expand and adapt its scope to the User’s preferences at any time.

4.4. The Company may include on the Website links to third-party websites and electronic files, for the content of which it does not bear legal liability. Where it is necessary for a third party to process data in connection with the User’s interaction with such a link, the Company may inform the User thereof through its Privacy Policy, which may also refer to third parties’ privacy terms governing such processing.

4.5. The Company shall refuse to delete or restrict access to any information or content of the Website based on a User’s request or notification if, in the Company’s legal opinion, the disputed content is not unlawful and its retention is necessary in a democratic society for the exercise of freedom of expression and dissemination of information; this shall not apply where the unlawfulness of the content is established by a final decision on the merits of the competent administrative authority or court, or where the User obtains the issuance of an interim measure, or where the Company, upon consideration of the individual factual and legal circumstances of the case, freely decides otherwise.

4.6. Nothing in these Terms of Use prevents the Company from restricting the availability and/or functionality of any Website for any period of time at its discretion; this shall not affect in any way the contractual rights and claims of the Company’s business partners.

4.7. If notified of unlawful content or otherwise becoming aware of facts objectively causing the unlawfulness of content located on the Website and/or any part thereof, the Company is obliged to act promptly and remove or disable access to information related to the identified unlawful state, if, in the Company’s opinion, unlawful conduct is occurring or could occur in connection with the information included in the content of the Website.

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 of Use.

5.2. Each User is always obliged to notify the Company without undue delay of any suspicion concerning unlawful content on the Website and/or any part thereof that has or could have an impact on the User or any other natural or legal person, and to precisely identify the content by which the rights and freedoms of the affected natural or legal person should be infringed, and to specify what the User requests from the Company (e.g. removal of content) and in what the User sees the unlawfulness of the disputed content.

5.3. In particular, the User is prohibited from: modifying, altering or interfering with the Website in any unauthorised manner; creating copies and/or extracting copies of the content of the Website and using them for any commercial or non-commercial purposes without the Company’s specific demonstrable consent; disrupting the integrity of data integrated into the Website, including any part thereof, in particular disrupting or modifying graphic elements, layout, structure, texts or databases used by the Website; attempting to gain unauthorised access to the Company’s information systems through the Website; attempting to modify the machine or source code of the Website and seeking to reverse engineer it or otherwise interfere with the functionality of the Website other than through normal use; attempting in any other manner to disrupt the integrity and availability of information and/or functionalities available on the Website; attempting in any manner to breach or endanger the confidentiality of non-public information through the Website; using any content protected by copyright that is published on the Website without the Company’s prior written consent.

5.4. If the User does not agree with these Terms of Use, the User is obliged to leave the Website and not to use it further.

6. Privacy

6.1. Where the Website is optimised for the processing of cookies and/or personal data of the User are processed through it, the Privacy Policy shall apply. Currently, all Websites are optimised for the use of cookies.

6.2. Through the Privacy Policy, the Company fulfils its information obligations pursuant to Articles 13 and 14 GDPR, and by visiting the Website and using the Information Society Services the User confirms that they have been made aware of it.

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

6.4. The Company may not exclude the provision of so-called electronic communications data, including so-called electronic communications metadata also comprising the User’s IP address, to competent public authorities in the performance of their duties and obligations under special laws (e.g. police authorities in the investigation of criminal offences), or in reporting facts relating to suspicion of the commission of criminal offences.

7. Liability for the website

7.1. The Company is not liable for information transmitted between the Website and the User’s end device, because the transmission of such information is initiated by the User through their activity, the Company does not select its Users and does not select or modify the information that is transmitted.

7.2. The Company is not liable for the automatic, temporary and transient storage of information in the memory of an electronic device used to search for information (e.g. browser, computer), carried out solely for the purpose of improving the efficiency of further transmission of information to further recipients of the service at their request (so-called caching).

7.3. The Company is not liable for any outages or errors of the Website.

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

7.5. The Company provides the Website “as is”, without any warranties or additional representations.

7.6. The Company is not liable for the truthfulness, content or form of third-party websites accessible through the Website. The Company does not investigate, verify or monitor the content of such third-party websites. The Company is not and will not become a party to any legal relationships created by the User with such third parties.

8. Copyright

8.1. In accordance with the Copyright Act, the Company is the person authorised to exercise all proprietary rights to the Website, in particular to disseminate the content of the Website and grant consent for its use, or the Company is otherwise authorised to use such content. In individual cases, a reference to the holder or the person exercising copyright may be indicated.

8.2. By using the Website and/or using the Information Society Services, the User does not acquire any proprietary rights, licences, sublicences or other rights to the content published on the Website; this does not affect the User’s ability to view the content of the Website and use the Website for their own household/personal needs in accordance with these Terms of Use.

8.3. When using the Information Society Services, the User must not infringe or endanger the copyright and intellectual property rights of the Company or third parties.

8.4. The User is obliged to notify without undue delay any suspicion of infringement of copyright and intellectual property rights in connection with these Terms of Use, regardless of whether the infringing person is the User or a third party.

9. Links

9.1. Any links to the Website in any form that are placed on the internet as a result of the active conduct of a third party who does not act within the scope of permitted personal private activity (i.e. for example sharing on an individual’s personal social network profile) must be approved in advance in writing by the Company (for example, where links to the Website are made within a business or other professional activity on the official websites of a company), unless otherwise agreed in an individual contract with the Company.

9.2. No links to the Website, regardless of whether consent under the preceding clause is required or not, may harm the Company or its interests and may not be defamatory or vulgar in nature.

9.3. A condition for granting consent to establish a link to the Website is the consent of the operator of another website that the Company may at any time, at its sole discretion, revoke the authorisation to link to the Website, together with the obligation of the operator of the third-party website to immediately remove all internet links to the Website and the Company’s trade mark without undue delay upon revocation of consent under clause 9.1 of these Terms of Use.

10. Final Provisions

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

10.2. The content of the Website is not intended for use and/or distribution by any person who has its registered office, residence or is a resident of any state or is subject to any jurisdiction where such use would be contrary to legal regulations, or would be subject to the consent of a competent authority or other authorised person, or where the creation, operation and/or distribution of the content of the Website or any part thereof would require a permit, registration or fulfilment of any other condition.

10.3. Any invalidity of any part of these Terms of Use shall not cause the invalidity of the remaining provisions.

10.4. These Terms of Use shall apply mutatis mutandis also to services provided by the Company through social networks.

10.5. The User shall be liable for damage caused by a breach of these Terms of Use. If the User, by breaching these Terms of Use, using the Website or using the Information Society Services, causes damage to a third party, the User shall, upon request, compensate such damage themselves without burdening the Company.

10.6. The Company is entitled to unilaterally change the content of these Terms of Use at any time; any change shall become effective upon publication of the revised version of the Terms of Use on the Website.