1. Scope, applicability and interpretation of Terms
1.1. The Terms shall be applicable to all legal relationships between any persons (“Users”) and AS Kinnisvaraportaal (“Kinnisvaraportaal”) as the owner of the website www.City24.ee (“Website”) arising as a result of the use of any services (“Services”) provided on the Website (including but not limited to offers of purchase/sale/rent of things and/or services according to the terms and conditions specified on the Website).
1.2. In addition to the Terms, any transactions shall be governed by applicable legal provisions of the Republic of Estonia, the price list (“Price List”) of the Website at the time when a Service is used (e.g., when a thing/service was offered for sale), established good practice, and the Code of Good Practice of the Association of Real Estate Companies of Estonia and the Estonian Chamber of Real Estate Brokers.
1.3. Kinnisvaraportaal shall have the right to make unilateral amendments and supplementations to the Terms and the Price List in connection with the development of the Website and the Services and in the interests of increased usability and security. Users shall be notified of any amendments and supplementations in the Terms and the Price List at least 30 days in advance through respective notices on the Website. Upon disagreement with an amendment or supplementation of the Price List and/or Terms, a User shall have the right to unilateral termination of the legal relationship with Kinnisvaraportaal before entry into force of the amendment or supplementation, subject to a prior discharge of all obligations of the User arising from the legal relationship with Kinnisvaraportaal.
1.4. If any provision of the Terms is held to be invalid due to a conflict with legal provisions, this shall not affect the validity of the remaining provisions.
1.5. The principle of analogy shall not be applied to interpretation of the Terms, i.e., the Terms shall not be subject to any provisions governing other types of legal relationship (including but not limited to the legal provisions governing purchases and sales, barters, procurements, agencies, commissions, and joint operations).
2. Status of Kinnisvaraportaal
2.1. Kinnisvaraportaal offers its Users a virtual location, i.e., the Website where the Users can invite and make offers for purchase/sale of things/services and use other Services.
2.2. Kinnisvaraportaal shall not be a party to any purchase and sale contracts between Users and the Users shall be responsible for the performance of such contracts.
2.3. Kinnisvaraportaal shall not be responsible for the quality and quantity of any services/things purchased/sold through the Website.
2.4. The Users shall bear full responsibility for using the Website. Kinnisvaraportaal shall not be responsible for the legality, accuracy, validity or compliance with good practice of any offers, comments or any other information entered by Users or for the proper performance of any User obligations arising from the use of other Services.
2.5. Kinnisvaraportaal reserves the right to modify the design and contents of the City24.ee portal in keeping with good practice and the principle of reasonability.
3. Obligations and declarations of Users (a) Users shall:
3.1. Refrain from using the Website for illegal transactions and/or fraud;
3.2. Pay for the Services according to the Price List;
3.3. Ensure that any data submitted by the User in the course of using the Website, including but not limited to electronic data (i.e., files, applications, e-mails, etc.) and the User’s contact details (name, telephone numbers, e-mail addresses, etc.) (“User Information”):
3.3.1. are not misleading, inaccurate and/or incorrect;
3.3.2. do not include offers of purchase/sale/lease/rental of things/services, which are prohibited or subject to restricted commerce;
3.3.3. do not infringe any third party intellectual property rights or any other proprietary and/or moral rights of third parties;
3.3.4. are not in conflict with laws or any other applicable legal provisions (including but not limited to legal provisions governing consumer protection, competition, transfer/provision of things/services);
3.3.5. are not in conflict with good manners;
3.3.6. do not contain any viruses or other computer applications or files, which could hamper, damage or otherwise interfere with normal use of the Website or which could be saved in a User’s computer as a result of using the Website and/or hamper, damage or otherwise interfere with its normal operation or, after being saved by a User in the User’s computer, could hamper, damage or otherwise interfere with its normal operation;
3.3.7. do not contain any contact details of brokers, secretaries or any other additional third parties in the data field for additional information or in any other data fields not intended for this particular purpose.
3.3.8. Only Users in contractual relations with Kinnisvaraportaal are permitted to include a URL of the homepage of a real estate company and such a URL may not be opened in the same window;
3.4. Ensure that the password and username specified for the use of the Website are not disclosed to any third parties, except where a User has authorised such third parties to represent the User in the use of the Services;
3.5. Notify Kinnisvaraportaal immediately by e-mail of any changes in details and circumstances in comparison to those submitted at the time of registration as a User of the Website;
3.6. Notify Kinnisvaraportaal immediately by e-mail of a loss or disclosure to third parties of the password and/or username specified for the use of the Website. (b) By making any operations on the Website, the User declares that:
3.7. The User is:
3.7.1. either a natural person of at least 18 years of age, with active legal capacity pursuant to the legislation of the Republic of Estonia; or
3.7.2. a properly registered legal person whose representative has the required authority to use the Website for and on behalf of the legal person, to act on behalf of the legal person and to assume obligations for the legal person;
3.8. The User shall properly comply with all requirements specified in clauses 3.1-3.11;
3.9. The User acknowledges that AS Kinnisvaraportaal shall not be a party to any purchase and sale contracts between Users and the Users shall be responsible for the performance of such contracts;
3.10. The intent of the User and Kinnisvaraportaal in agreeing to the Terms is not to create any other legal relationships beyond those expressly specified in the Terms;
3.11. The User is aware of and fully agrees to the condition that, in cases specified in clause 4.6 of the Terms, Kinnisvaraportaal has the right to provide trusted cooperation partners, selected by Kinnisvaraportaal, with information that Kinnisvaraportaal requested from Users during user registration and use of the Website or otherwise collected from Users in the course of using the Website.
4. Rights and obligations of Kinnisvaraportaal
4.1. Kinnisvaraportaal shall immediately notify Users of any amendments to the Terms and Price List through publication of respective notices on the Website.
4.2. Kinnisvaraportaal shall have the right to restrict or cancel at its own discretion a User’s right to use the Website if
4.2.1. the User fails to comply with the obligations arising from the Terms;
4.2.2. the User’s declarations according to the Terms are misleading and/or false;
4.2.3. the User has submitted false, misleading or inaccurate information upon registration as a User of the Website or in the course of using the Website;
4.2.4. the User, who is a natural or legal person and is not in a contractual relationship with Kinnisvaraportaal, has entered more than three objects per year, using more than one registration for this purpose.
4.3. Kinnisvaraportaal shall at any time have the right to make unilateral amendments and supplementations to the Terms and the Price List in connection with the development of the Website and the Services and in the interests of increased usability and security.
4.4. Kinnisvaraportaal shall at any time have the right to monitor the activity on the Website, including but not limited to purchase/sale offers made by Users of the Website. Kinnisvaraportaal may carry out investigations regarding any alleged infringements of the Terms, using any lawful means for this purpose.
4.5. Kinnisvaraportaal shall at any time have the right to remove User offers from the Website if such offers are in conflict with the Terms, good practice or applicable legislation. In addition, in the interests of improving usability of the Website, Kinnisvaraportaal shall at any time have the right to relocate data of offers entered by Users of the Website within the Website, without changing the content of such offers.
4.6. Kinnisvaraportaal shall use information that Kinnisvaraportaal requested from Users during user registration and use of the Website or otherwise collected from Users in the course of using the Website for the purpose of developing and personalising the Services. Kinnisvaraportaal shall not transfer such information to third parties and shall not in any other manner grant them rights to use such information. Notwithstanding the above, Kinnisvaraportaal reserves the right to establish future cooperation with trusted third parties, selected by Kinnisvaraportaal, for the purpose of expanding, improving and otherwise developing the Services and sharing of data with such a trusted parted may be required in the course of such cooperation.
5. Other provisions
5.1. Any legal relationships between Users and Kinnisvaraportaal, arising from the use of the Website, shall be subject to the legislation of the Republic of Estonia.
5.2. Any disputes between Users and Kinnisvaraportaal, arising from the use of the Website, shall be submitted for adjudication to Harju County Court.