Terms and conditions for the use of the website
1. The present website www.westarp.io (hereinafter referred to as "Website") is owned and operated by the company Westarp.io s.r.o., ID-number 074 10 182, with registered office at Olšanská 2898/4h, Žižkov, 130 00 Prague 3, Czech Republic, entered into the commercial register maintained by the Municipal court in Prague under entry no. C 300573 (hereinafter referred to as “Company”).
2. The Company is a real estate property sales agency and is operating the Website in order to connect buyers and seller of real estate property that is marketed and being offer for sale by the Company as real estate sales agent.
3. The usage of the Website by its users is subject to these terms and conditions which set out all the rules and obligations regarding the use of the Website.
4. By using this Website any user accepts these terms and conditions and agrees to comply with them. Shall a user disagree with these terms and conditions, such user must not use this Website.
5. These terms and conditions represent a legally binding contract governing the relationship between the Company and the users. It is therefore highly recommended for every user to properly read these terms and conditions and keep a printed copy of these for case of any eventual disputes between any user and the Company.
6. Whenever the Company makes reference to terms and conditions (elsewhere on the Website or in any documents) these terms and conditions are meant and shall be applied.
7. These terms and conditions are regularly updated by the Company in accordance with its business needs. The Website always displays the current, valid and effective wording of these terms and conditions. A user can always request from the Company and older wording of the terms and conditions and the Company will provide the user with such information or document.
8. The design, layout and content of the Website is solely under the Company’s discretion and may be changed, modified or deleted anytime at the Company’s discretion, including the restriction, limitation or prohibition of access to the Website for specific users.
9. It is the user’s responsibility to ensure that his electronic device used for the access to the Website meets all technical requirements necessary for the proper use of the Website and its features.
10. The user must not misuse the Website or its system in any form. It is strictly prohibited to hack into the Website, anyhow circumvent or breach security of the Website of anyhow negatively influence and disrupt the operation of the Website.
11. The use of artificial intelligence or any semi-automated or automated programs (for instance, but not limited to, spider or other web crawler) to anyhow access the Website or interact with it is strictly prohibited, this applies also to the application of any scraping technology on the Website. Any such use or attempted use will be regarded as a misuse of our system and this Website. This applies further to any kind and form of data mining eventually carried out on the Website.
12. The upload or use inappropriate or offensive language or content is prohibited. The Website is designed to connect end customers – buyers with sellers of real estate property. Any commercial use of the Website, for solicitation, business activities or provision of commercial services by the user himself is prohibited. The user must not download and gather any data and information from the Website for other than private and non-commercial purposes.
13. The Website is created with information and data provided to the Company by its business partners, therefore the Website is based on third party information and data. The Company cannot, despite its best endeavor to display on the Website best information available, the rightness, completeness, truthfulness and reality of displayed information and does not assume responsibility in case any display on the Website shall not be complete or accurate and shall differ from the reality.
14. The Company further does not assume liability for the fact that the specific real estate property desired by the user for acquisition is factually still available with the seller. The display of any and all real estate on the Website presents and invitation for the user to engage via the Website and the Company negotiations (invitatio ad offerendum) with the seller of the respective real estate property. By using the Website no valid or enforceable contract is concluded between the user and any seller of displayed real estate property and the user has no legal entitlement to enforce the acquisition of certain real estate property, nor has the Company as provider of the Website the obligation to make such deal happen.
15. If any user wants to enter into a contractual relationship with the Company, the user must conclude with the Company a written individual agreement (hereinafter referred to as “Agreement”).
16. Upon a signed individual Agreement the Company starts providing it services to the client, whereas these consist of:
a. arrangement of the reservation of the real estate property desired by the client to acquisition (hereinafter referred to as “Target”) with the seller of this real estate property (hereinafter referred to as the “Seller”),
b. arrangement of an inspection of the Target by the client,
c. the preparation of all (legal) documents necessary for the acquisition of the Target,
d. the arrangement of the Cashback for the Client, as defined herein,
17. In case of a successful acquisition of a Target by a client of the Company from a Seller the Company may be awarded a commission fee by the Seller (hereinafter referred to as “Commission”). If such a Commission is granted to the Company or any of its subsidies within the Company`s international group of companies, the Company undertakes to award the respective client with 75-100% of the Commission (hereinafter referred to as the “Cashback”).
18. Such Cashback is payable to the client within only in case the Company receives the Commission from the Seller, making the payment of a Cashback possible. The Cashback is payable to the client within 60 days after receipt by the Company to the clients previously stated bank account or card.
19. Any and all direct contact of users with real estate owners or sellers, marketing their property on the Website, is prohibited. Should any user engage with any of the real estate owners or sellers about whose real estate the user learned thanks to the Website, it shall be deemed that it was the Company and the Website who did facilitate the contact between the user and the owner or seller of the respective real estate property. The Company is in such case entitled to its remuneration for the facilitation of the contact between the user and the owner or seller of the respective real estate property.
20. Whilst the Company’s best efforts to ensure that any information, data and material available for downloading from this Website is not contaminated in any way, the Company does not warrant that such material will be free from infection, viruses and/or other malware.
21. Due to the nature of software and the internet, access to the Website is warranted, nor is the running of the Website uninterrupted or error free. The Website or any of its parts may be suspended, withdrawn, discontinued or changed without notice at any time.
22. The information provided on the Website is for general interest only and does not constitute specific professional advice. Although the Company makes reasonable efforts to update the information on the Website, the Company undertakes no representations, warranties or guarantees, whether expressed or implied, that the content on the Website is accurate, complete or up to date.
23. The Company reserves the right to bar users from this Website and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at the Company’s sole discretion.
24. In case that this Website contains links to websites operated by third parties the Company informs the users that it has no control over the individual content of such websites operated by third parties. No warranties or representations are given as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for the user’s convenience only.
25. It is prohibited for users to include links to this Website in any other website without the prior written consent of the Company. Mainly, but not limited to, it is prohibited to include in any other website any deep link or other sort of to any page on this Website. This Website must not be framed on any other website.
26. The Company does not exclude or limit in any way its legal liability to the users where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
27. However, the Company will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond the Company’s reasonable control. Further the Company does not accept any liability for loss of a user’s password or account ID caused by a breakdown, error, loss of power or otherwise caused by or related to the user’s computer system.
28. The Company uses systems to detect and to prevent automated programs being used to obtain unauthorized access to the Website and its data. Subject to this the Company shall not be liable for any consequences arising out of or in connection with any such use or attempted use of automated programs to unlawfully interact with the Website.
29. The Company will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect the user’s computer equipment, computer programs, data or other proprietary material due to the user’s use of the Website or to downloading of any content from the Website, or any website linked to it.
30. As the Website is designed for domestic and private use and the users are prohibited to use the Website for any commercial or business purposes, the Company must not have any liability to for any loss of profit, loss of business, business interruption, or loss of business opportunity.
31. Any and all content published on the Website in the section “BLOG” is intellectual property of the Company and must not be used by any user.
32. The Company (as the Website’s provider) may contacted anytime via e-mail: firstname.lastname@example.org or by post at its office address Olšanská 2898/4h, Žižkov, 130 00 Prague 3, Czech Republic for any kinds of request and inquiries.
33. These terms and conditions are subject to the applicable laws of the Czech Republic where the Company as the provider of the Website is duly incorporated and carrying out its business activities.
34. Disputes concerning these terms and conditions are subject to Czech laws and have to be settled in front of the Company’s competent first instance court, the district court for Prague 3 (Obvodní soud pro Prahu 3).