Terms and Conditions of Use

General Terms and Conditions and Service Provision Conditions on the FAMALO Portal

Contents:

1. Introduction and Basic Definitions
2. Basic Conditions for Providing Portal Services
3. Advertising Fees and Payment Terms
4. Processing and Protection of Personal Data
5. User Registration
6. Access (Activation) of Advertising Services
7. Advertiser Data Modifications
8. User Obligations
9. Method of Adding Advertisements
10. Advertisement Management
11. Free Services of the Portal
12. Termination of Contract
13. Account Deletion and Deactivation
14. Liability for Damages
15. Liability for Defects and Complaints Policy
16. Transitional and Final Provisions

I. Introductory Provisions and Basic Terms

1. These advertising terms and conditions on the FAMALO portal (hereinafter referred to as “Terms”) govern the rights and obligations of the operator and users when providing and utilizing services on the FAMALO portal.
2. The operator of the FAMALO portal (hereinafter referred to as “Portal”) and the service provider is the company CONFER, s. r. o., with its registered office at Kremnička 3, 974 05 Banská Bystrica, Slovakia, registered in the Commercial Register of the District Court of Banská Bystrica, section: Sro, file no. 12423/S, Company ID: 36713201 (hereinafter referred to as the “Operator”). Contact details: Email: info@famalo.com or info@confer.shop, Phone: +421 482 901 951.
3. The service refers to online advertising services in the real estate sector provided by the Operator to mediate supply and demand between users of the Portal (hereinafter referred to as “Service”).
4. A Portal user is any individual or legal entity that accesses the Portal and utilizes the services provided by the Operator on the Portal (hereinafter referred to as “User” or “Users”). The Portal’s services may only be used by individuals who have reached the age of 18.
5. A private advertiser is a natural person who publishes an advertisement for the sale or rental of real estate they do not own for business purposes (hereinafter referred to as “Private Advertiser”).
6. A business advertiser is a natural or legal person who uses the Portal for business activities related to real estate (hereinafter referred to as “Business Advertiser”).
7. Both private and business advertisers are authorized to add advertisements to the Portal regarding the sale, purchase, or rental of real estate or its parts for which the advertisers have ownership or other rights that authorize them to handle the advertised real estate within the scope of the offered listing.
8. Real estate is understood as land, property, buildings, or other structures (such as houses, apartments, or commercial spaces) that are permanently attached to the land. Business advertisers may also advertise development projects on the Portal under the conditions specified in point 9 of these Terms.
9. A development project refers to an investment intention for the construction, reconstruction, or modernization of real estate intended for sale or rental, including projects at various stages of implementation, such as the construction of residential buildings, family houses, or commercial spaces. Such projects are distinguished on the Portal and are subject to specific pricing conditions listed in Article III, paragraph 4 of these Terms.
10. A prospective buyer is a natural or legal person interested in purchasing or renting real estate and uses the Portal to search for advertisements, access additional services, and utilize the Portal’s features, such as rating, contacting private and business advertisers. Prospective buyers can filter listings on the Portal according to their needs, create favorite ad lists, and communicate with advertisers through the Portal to obtain information about the offered real estate.
11. FAMALO Admin is the Portal’s internal administrative system that the Operator provides as a tool for Business Advertisers, mainly real estate agencies, to manage their advertising agenda. This system, available as a website, allows for efficient organization and updating of listings for buying and renting real estate, communication with potential buyers, scheduling viewings, and accessing additional services that facilitate the administration of real estate advertisements.
12. The relevant authority for the supervision of services provided under these Terms and related services is the Slovak Trade Inspection, specifically the SOI Inspectorate for the Banská Bystrica Region, located at Dolná 46, 974 00 Banská Bystrica 1. This authority is responsible for monitoring compliance with the rules for providing services on the FAMALO portal, especially regarding technical product inspections and consumer protection. The contact for the SOI Inspectorate for the Banská Bystrica Region is: Slovenská obchodná inšpekcia (SOI), Dolná 46, 974 00 Banská Bystrica 1, Department of Technical Product Inspection and Consumer Protection, Tel.: 048/412 49 69, 048/415 18 71, Fax: 048/4124 693, Email: bb@soi.sk.

II. Basic Conditions for Providing Portal Services

1. Terms of Use for the Portal Services – A User may only use the FAMALO Portal services after accepting the general and, where applicable, special terms for providing services, which include advertising, promotional, and other services operated by CONFER, s.r.o. The use of these services is prohibited for individuals under the age of 18.
2. Services Provided and the Creation of the Legal Relationship – The Operator of the Portal provides Users with basic advertising services, extended advertising services, and additional services that are provided for a fee. The legal relationship between the User (who may be an advertiser or a prospective buyer) and the Operator arises from the conclusion of an advertising agreement or the provision of another service through the Portal in the following ways:

• Payment via a credit card with an order for advertising in accordance with the provisions of Article III, Section 2 of these Terms.
• Delivery of a binding order for advertising, which is accepted by both contracting parties.
• Payment for Additional Services in accordance with these Terms.

1. Obligations of the Contracting Parties – Upon the conclusion of the agreement, the Operator is obliged to publish the ordered advertisement or provide the other ordered service. The User, on the other hand, is obliged to pay the agreed price for the services and comply with these Terms.
2. Purpose of the Advertising Services – The aim of the provided advertising services is to facilitate the publication of content related to the offer and demand for the sale, purchase, or rental of real estate. The Operator, through technological infrastructure and communication tools, enables Users to create and publish advertisements on the Portal. The advertisements enable Users to conclude transactions regarding real estate or its rental.
3. Responsibility for the Content of Advertisements – The Operator is not responsible for the content and accuracy of the information provided in the advertisements. Similarly, the Operator is not responsible for any business transactions made based on the advertised offers. The overall responsibility for complying with the legal conditions of concluded transactions rests with the Users who are direct participants in these contractual relationships.
4. Rights to User Posts – If a User posts any content on the Portal, such as opinions, texts, images, videos, or other submissions (hereinafter referred to as “Posts”), they grant the Operator the right to handle these Posts. These rights include the ability to distribute, modify, copy, distribute, publicly display, sublicense, create derivative works, and other forms of use. Providing these Posts does not create an obligation for the Operator to use them. The Operator also reserves the right to remove any Posts at its discretion. Users are not entitled to financial compensation for granting rights to their Posts.
5. Responsibility for the Misuse of Data – The Operator is not responsible for any misuse of the data provided in the advertisements by third parties. The User is responsible for the accuracy and truthfulness of the data provided in the advertisement.
6. Distribution of Advertisements on Other Portals – The Operator reserves the right to distribute advertisements posted by Users on other advertising portals that it manages or has contractual rights to. The Operator may create a user account (private or business) on the relevant portal if the User does not already have an account, without additional charges.
7. Private Advertisers’ Rights – Private advertisers may only advertise real estate that they own or for which they have similar rights to ownership, and such advertising may not be part of any business activity. If there is suspicion that the advertisement is non-commercial, the Operator has the right to request a document proving the legal relationship to the advertised real estate. False advertisements may be removed, and access to the User may be revoked.
8. Registration and Use of Advertising Products – Users gain access to advertising services on the Portal after creating a user account and ordering one of the advertising products. These products allow advertisers to post offers on the FAMALO Portal.
9. Private Advertiser Registration – Private advertisers may log in to the Portal via a user account, and after creating the account, they can post advertisements using the advertising form. The advertisements will display information about the real estate and the contact details of the advertiser.
10. Business Advertiser Registration – Business advertisers are granted access to the Portal’s services through the FAMALO real estate administration system, unless otherwise specified. The Portal uses WordPress web hosting. After selecting a service package and confirming the order, the advertiser will receive an order form. If the form does not contain the necessary information or is incomplete, the Operator may request supplementation or modification of the order. If the advertiser does not correct the deficiencies in the order, the Operator is entitled to refuse the order. The order for the service is considered binding upon the delivery of the correctly completed order form to the Operator.

III. Advertising Fees and Payment Terms

1. Charging for Portal Services – The services on the FAMALO Portal are provided for a fee to both Private and Business Advertisers. The advertising services on the FAMALO Portal are charged differently for different categories of advertisers, such as Private Advertisers and Business Advertisers. The fee amount depends on the type of advertiser using the services on the Portal, unless these Terms explicitly state that a certain service is free of charge.
2. Advertising Fees for Private Advertisers – Private Advertisers can choose from a range of packages, with fees based on the current price list. The advertisement is published for a period of 30 days. A Private Advertiser, who is a natural person and not a business, is required to pay the fee for each individual advertisement according to the currently valid price list. This price list is available on the FAMALO Portal and contains specific rates for publication based on the chosen advertising package.
   • 2.1.Prepaid Advertising Period – The advertisement is published on the Portal for a prepaid period of 30 calendar days. After this period, the advertisement is automatically removed from active publication unless the advertiser requests an extension of its validity.
   • 2.2.Payment Methods – Private Advertisers can pay the fees via: Credit card payment, processed through a secure payment system, allowing for immediate payment processing and advertisement publication.
   • 2.3.Advertisement Activation – The advertisement is published on the Portal immediately after the payment is processed, with no further action required by the advertiser.
3. Setting Prices for Business Advertisers – The advertising fees for Business Advertisers are determined based on the type of real estate offered and the following criteria, which take into account the scope and complexity of the services:
   • 3.1.Number of Registered Active Branches – The fee is partially determined by the number of active branches of the real estate agency registered in the business account.
   • 3.2.Number of Registered Active Agents – The fee also depends on the number of agents actively registered in the business account or in the real estate agency’s branch.
   • 3.3.Total Number of Active Advertisements – The price is also adjusted based on the total number of active advertisements published in the business account, allowing for efficient management of a larger volume of ads.
   • 3.4.Number of Units and Properties in Development Projects – For development projects, the advertising fee is determined based on the number of units (e.g., residential units) or properties included in the advertised project, reflecting the extent of the real estate offer.
   • 3.5.Business Location of the Business Advertiser – Prices may vary depending on the location of the Business Advertiser’s company to account for regional markets and demands.
   • 3.6.Binding Price Offer – Business Advertisers can obtain a binding price offer based on individual criteria. This price offer is prepared according to the specific needs of the advertiser and is delivered by the Operator’s sales department upon the advertiser’s request.
   • 3.7.Payment for Advertising Fees – Business Advertisers pay the advertising fee based on a proforma invoice issued by the Operator, its intermediary, or a person authorized to conclude business on behalf of the Operator.
   • 3.8.Notification of Changes in Billing Information – The Business Advertiser is obligated to notify the Operator of any changes to their billing information without delay. If a delay in notification causes the Operator to issue a corrected invoice, the Operator is entitled to charge an administrative fee of EUR 10 for each corrected invoice.
   • 3.9.Payment Methods – The proforma invoice amount can be paid by the Business Advertiser via: Bank transfer to the Operator’s account, or Credit card through the online payment gateway.
   • 3.10.Commencement of Service Provision – The Operator will begin providing advertising services only after the payment for the selected Service Package has been made, the appropriate number of credits has been deducted, or after another form of payment has been made in accordance with these Terms.

Use of Advertising Services is not conditional on the use of additional paid Additional Services specified in the service price list published on the site <famalo.com/price>.

IV. Processing and Protection of Personal Data

1. Collection of Personal Data – The Operator may require personal data from the User in connection with the preparation, conclusion, or performance of a service agreement. The processing of this data is carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons regarding the processing of personal data (GDPR) and Act No. 18/2018 Coll. on the protection of personal data (hereinafter referred to as the “Personal Data Protection Act”). This data is essential for the establishment and performance of the contractual relationship between the User and the Operator.
2. Purpose of Personal Data Processing – The Operator processes personal data that the User voluntarily provides when entering into a service agreement. This data is processed for contractual purposes in accordance with Article 6(1)(b) of the GDPR. If the User refuses to provide the required data, it will not be possible to enter into the contractual relationship and provide the services. The retention period of the data depends on the purpose of processing and is specified in the Operator’s personal data processing policy.
3. Disclosure of Personal Data to Third Parties – In connection with the provided services, personal data may be provided or made accessible to third parties. Some contact details of advertisers, such as those included in the published advertisements, are publicly accessible to all Portal visitors. Personal data may also be provided to service subcontractors or other recipients in accordance with the GDPR and the Personal Data Protection Act.
4. Responsibility for Data Protection – The Operator is not responsible for the misuse of data published on the Portal in accordance with legal provisions. The User is responsible for the data they make available in connection with using the services on the Portal.
5. Rights of Data Subjects – The person whose personal data is being processed has the right to access the data concerning them, the right to rectification, erasure, or restriction of processing, the right to object to processing, and the right to data portability. If a request is unreasonable or excessive, particularly due to its repetitive nature, the Operator may charge a reasonable fee to cover administrative costs or refuse to act on the request.
6. Use of Data for Marketing Purposes – Under Section 116(15) of Act No. 452/2021 Coll. on Electronic Communications, the Operator may contact the User by phone, email, or SMS for direct marketing purposes. These messages may be informational or promotional. The User may refuse such contact at any time by notifying the Operator by email at info@famalo.com or info@confer.shop or by clicking on the unsubscribe link in the received email message.
7. Privacy Policy – More detailed information on personal data processing is provided in the “Privacy Policy of the Operator,” which is available on the FAMALO Portal.

V. User Registration

1. Types of Users – Users of the FAMALO Portal can register as Private Advertisers or Business Advertisers, thus gaining access to various services on the Portal based on their selected account type.
2. Availability of Services Without Registration – Some services on the Portal are also available to visitors who are not registered. However, the ability to add and manage advertisements is reserved only for registered Users.
3. Registration and Activation for Business Advertisers – Business Advertisers can use the FAMALO Portal services only after completing the registration and subsequent activation of access by the Operator. Registration and activation are done according to the instructions available on the official Portal website.
4. Using the Account from famalo.com – To register and access real estate advertising services on FAMALO, users can use the login credentials (username and password) created on the famalo.com portal. These login credentials serve as a unique identifier for the User, allowing access to the application to manage their advertisements and other Portal services. Security of Login Credentials – The User is required to keep their login credentials secure and not share them with third parties. If there is suspicion of unauthorized access, the User must immediately contact the Operator.
5. Verification of User Identity – Regardless of the selected registration method, the Operator has the right to verify the identity of the User for security purposes via a so-called Verification Element. The Verification Element is typically the email address provided by the User during registration. If necessary, the Operator may also request the User’s phone number for verification purposes.
6. Verification Process – Verification of the email address may be required:
   • 6.1.During the registration of a new user account – During the registration process, the User will receive a verification email with a link to confirm the registration.
   • 6.2.At any time during the use of the Service – The Operator may request re-verification of the email address or another verification step to ensure account security.
7. Start of Using the Account – The User can begin using their account on the FAMALO Portal immediately after completing the registration, which includes providing the required contact details and successfully completing the verification if required by the Operator. Once these steps are completed, the User will have immediate access to all relevant features and services based on their account type.
8. Managing User Account Data – Data linked to the user account, including the access password, can be changed by the User only in their user account profile. This profile provides a secure environment for updating personal and contact information.
9. Managing Advertisements for Registered Users – Registered Users can log in to the Portal and add, remove, and edit their advertisements according to the procedures outlined in Article IX of these Terms.
10. Advertising Options for Unregistered Private Advertisers – Unregistered private advertisers can add an advertisement to the Portal by providing basic contact details (email address or phone number) and a password, which allows them to access and modify the advertisement.
11. Security of Login Credentials – The User is fully responsible for securely storing the login credentials for their user account. All activities performed through the account are considered to be actions performed by the User.
12. Notification of Unauthorized Access – The User agrees to immediately contact the Operator if there is suspicion of unauthorized use of their user account or data. The Operator may take the necessary steps to ensure the protection of the User’s account and data.

VI. Access (Activation) of Advertising Services

1. Activation of Services for Private Advertisers – Private advertisers can start using advertising services after logging into their user account or after registration and completing the advertising form. The selected advertising service will be activated after the payment for the chosen service package is made to the Operator. Activation occurs automatically once the payment is received.
2. Verification and Activation of Services for Business Advertisers – After submitting registration details for business advertisers, the details are sent to the administrator for verification. The Operator will then verify the accuracy of the provided information (especially data about the advertiser, such as entries in the commercial registers). Upon successful verification, the Operator will contact the Business Advertiser for service activation. The Business Advertiser will be informed about the activation by email.

VII. Advertiser Data Modifications

1. Updating Data – The User is obligated to keep their data true, accurate, and up-to-date throughout the period of using the services of the FAMALO Portal.
2. Consent for Publishing Contact Information – By adding contact details, the User consents to the publication of these details to the extent necessary for advertising purposes. For Private Advertisers, this includes contact phone number, email address, and name. Business Advertisers consent to the publication of their business contact and identification details (company name, address, phone, and email) alongside their advertisements.
3. Data Modification for Private Advertisers – Private Advertisers can update their details when editing a specific advertisement or enter current information when submitting a new advertisement. Data modifications or deletion of the user account are available in the “My Account” section in the user menu under the option “Edit Data.”
4. Data Modification for Business Advertisers – Business Advertisers can update their data via the contact form through the admin software. Data can be modified in the “My Account” section in the user menu under the option “Edit Data.”

VIII. User Obligations

1. Responsibility for Advertisement Content – The User is fully responsible for the content of their published ads (advertisements), including text and photographs. When adding an offer, the User must ensure that the content complies with the legislation of the country where the advertised property is located and does not violate the rights of third parties. Specifically, the User is required to: 
   • a) Respect the rights of others – The advertisement content must not interfere with the rights of other users or harm the personal rights of individuals or legal entities, including their honor, reputation, or goodwill. The content must not disturb national, ethnic, or religious sentiments. 
   • b) Comply with language and legislative norms of the country – Advertisement content must comply with the legislation and language standards of the country where the property is located. 
   • c) Limit to relevant offers – The advertisement must not contain offers for products or services that are not directly related to the advertised property or its rental. 
   • d) Publish true and complete information – The advertisement content must not contain false, unsubstantiated, incomplete, inaccurate, unclear, or ambiguous data. It is also prohibited to conceal important information about the advertised property. 
   • e) Avoid duplicate advertisements – The User may not publish the same offer repeatedly if the original advertisement is still valid. 
   • f) Advertise a specific property, not business activity – The advertisement must relate to a specific property or properties, not to the User’s business activity as a whole, unless it is a paid advertising service, such as banner ads. 
   • g) Use only photographs and texts with settled copyrights – The User may only publish content to which they hold the author’s rights or content for which they have properly settled all authorial and related rights.
2. Placement of Advertisements in the Correct Category and Providing Accurate Data – The User is required to place the advertisement in the appropriate category and subcategory based on the type and kind of the advertised property, specify the actual location of the property, and indicate the market price in the “Price” field or select the “Price Negotiable” option. The User must not publish misleading information that does not match their actual requirements or the actual details of the property.
3. Prohibition of Duplicate Advertisements with Different Conditions – The User is not permitted to publish advertisements for the same property with different conditions. In case of violation of this rule, the Operator has the right to remove duplicate advertisements from the Portal without prior notice, and only the advertisement with the most current conditions will remain.
4. Updating Advertisements – If there are changes in the data or relevance of the advertisement, the User is required to update it immediately. The update ensures that the information on the Portal remains accurate and up-to-date.
5. Prohibition of Offers for Non-Current Properties – The User is not allowed to publish advertisements for properties that are not intended for sale, rent, sublet, exchange, or auction at the time of their publication. Such advertisements must be removed immediately.
6. Using Portal Services in Compliance with the Law – The User must not use the services of the Portal for purposes that are in conflict with applicable laws or these Terms. It is also prohibited to use the Portal in a way that could damage, overload, impair, or disrupt the functionality of the Operator’s servers or its partners, or disrupt their use by other individuals. The User must not attempt to obtain any materials or information that are not publicly available or that have not been provided by the Operator.
7. Responsibility for Meeting Legal Obligations in Transactions – The User is solely responsible for fulfilling the legal obligations arising from the transactions concluded based on the advertised offer. In legal relationships concerning the sale, rental, or sublease of properties, the Operator has no obligations and does not act as a party to the contract.
8. Prohibition of Copying and Distributing Portal Content – The User is under no circumstances authorized to copy, modify, distribute, or otherwise use the Portal’s content for further commercial use. The only exception is the use of content that the User has posted themselves, unless there is a special agreement between the User and the Operator allowing such use.
9. Security Measures for Protecting the User Account – The User is required to protect their login credentials and ensure that unauthorized third parties do not gain access to their account. The User must take all necessary security measures to prevent the leak of their login name and password, and in case of misuse of the account, immediately contact the Operator. The User is responsible for any damage caused to the Operator, another User, or a third party due to failure to adhere to these security obligations.
10. Advertising of Company Properties through the Business Account – A Business Advertiser offering properties within their business activity is required to use their business account exclusively for advertising. They may only use the private advertiser account for properties unrelated to their business. In case of suspicion of improper categorization of an advertisement, the Operator may request proof of ownership rights to the advertised property, and the advertiser must provide such documentation within the specified period.
11. User Identity Verification – For the purpose of verifying the User’s identity, a valid phone number will be used, which can be contacted.
12. Contractual Penalty for Violating Obligations – If a Business Advertiser violates any of the obligations set out in Article VII or VIII of these Terms during the adding or managing of their advertisements and does not remedy the violation within the specified time after a request from the Operator, the Operator is entitled to charge a contractual penalty equal to the proportional part of the advertising fee and possibly any unused supplementary service, if pre-paid for the particular advertisement, at the time the penalty claim arises.
13. Termination of Business Account – The Operator is entitled to terminate the Business Advertiser’s account if they violate the Terms and, despite the Operator’s request, do not remedy the violation within the specified time. This option applies except in the cases specified in Article XIII of these Terms.

IX. Method of Adding Advertisements

1. Advertisement Language Version – It is possible to add advertisements to the portal in English and German. The methods for adding advertisements to the Portal are as follows:
   1.1 Submitting Advertisements through the Administration System – This option is available only for business advertisers.
   1.2 Submitting Advertisements via the “Add Advertisement” Interface on famalo.com – This function can be used only by private advertisers.
2. Administrator Review of Advertisements – Submitted advertisements may be subject to review by the Portal administrator, who ensures compliance with the Advertising Terms. This review may include verifying the correctness of the content and adherence to the rules set for advertising on the Portal.
3. Right to Remove Inappropriate Advertisements – The Operator reserves the right to remove any advertisement that violates applicable legal regulations, public morals, or is not suitable for publication. The Operator also has the right to prevent access to the Portal for Users who repeatedly violate legal regulations or public morals.
4. Changing Advertisement Category – The Operator is entitled to move an advertisement to a more appropriate category at any time, even without prior notice to the User.
5. Removal or Modification of Advertisements in Violation of the Terms – Advertisements that do not comply with the Portal’s Terms may be modified or removed by the Operator without prior notice to the User. This measure also applies to advertisements with paid supplementary services. If the Operator terminates the contract and ends the provision of advertising services due to the User’s violation of the Terms, the advertisement service will be considered fully provided. The User has no right to a refund of any fees paid for the advertising service.
6. Prohibited Content in Advertisements on the Portal – The following content is prohibited in advertisements added to the Portal:
   a) Use of All Caps – Using entire words in all capital letters, except for abbreviations.
   b) Use of Special Characters – Inserting special characters (e.g., @*#$%^&!?) into the title or text of an advertisement that do not relate to the content of the advertisement.
   c) Inserting URLs – Including URLs or website names in the title or text of the advertisement that are clickable.
   d) Promotion of Unrelated Goods and Services – Using the title or description of an advertisement to promote goods or services not related to the advertised property.
   e) Inserting Contact Information in Incorrect Sections – Including contact information in the description of the advertisement; such information should only be placed in the designated “Contact” section.
   f) Use of Highlighted Photos – Adding framed or otherwise visually highlighted photos in the advertisement.
   g) Use of Illustrative Photos – Using photos that do not depict the specific property being offered or a realistic visualization of the advertised project.
   h) Use of Irrelevant Photos – Adding photos that clearly do not relate to the subject of the advertisement or where it is not possible to clearly identify that the image depicts the subject of the advertisement.
   i) Advertising Photos – Including images or photos in the gallery that are meant to advertise other goods or services, whether provided by the advertiser or a third party.
   j) Promotion of Direct Competitors – Promoting direct competitors of the Operator in any way, particularly by placing links to websites, products, names, trademarks, or logos of other real estate advertising service providers and/or property listing aggregators.
   k) Text in Photos – Including any text in photos, such as contact details, website addresses, or prices. Only a watermark with the company logo is allowed, without contact details or website addresses.
   l) Use of Superlatives and Unverifiable Claims – Using expressions like “best quality,” “latest technology,” “largest selection,” etc., that are not objectively verifiable.
   m) Links to Additional Information Sources – Inserting phrases like “more info in email” or other links to another source. All relevant information must be provided directly in the text of the advertisement.
   n) Interrogative, Imperative, and Exclamatory Sentences – Using questions, commands, or exclamations that may seem promotional or manipulative.
   o) Promotional Phrases – Including phrases like “see for yourself” or “we look forward to seeing you” that are intended for promotional purposes.
   p) Vague Expressions such as “etc.,” “and others,” “and so on” – Using unclear or incomplete expressions that reduce the informational value of the advertisement.

X. Advertisement Management

1. Management of Private Advertiser Advertisements – A private advertiser may modify, supplement, or delete their manually added advertisements on the Portal at any time during their validity. All modifications can be made via the “My Advertisements” section or directly from the details of the specific advertisement.
2. Management of Business Advertiser Advertisements – A business advertiser has the ability to modify, supplement, or delete their advertisements at any time during their validity through the administration system.

XI. Free Services of the Portal

a) “Favorite Advertisements” Service

1. This service allows registered Users to save advertisements they are interested in by clicking the heart icon displayed in search results or directly in the advertisement details. Once logged in to their account, saved advertisements will be available in the “Favorite Advertisements” section.
2. The Operator will notify the User via email in the following cases:

• If the price of the property in the saved advertisement changes.
• If the saved advertisement is removed from the listing.

3. Notifications are sent to the email address provided in the User’s account. The User may turn off notifications by removing the advertisements from the “Favorite Advertisements” section or deleting them from the “Favorite Advertisements” feature.

b) “Saved Search” Service

1. This service allows registered Users to create favorite filters based on preferred criteria and save filtered search results. These results are saved in the “Saved Search” section on the Portal, where Users can access them anytime or delete them.
2. If a new advertisement that meets the criteria of the saved search is added, the Operator will notify the User via email. Notifications are sent to the email address provided in the User’s account. The User may turn off notifications by deleting saved searches in the “Saved Search” section or selecting the “Do not send” option when saving the search.

c) “Advertisement Form” Service

1. The Advertisement Form service allows both registered and unregistered Users to respond to advertisements posted by advertisers or other business partners of the Operator who use the advertising space on the Portal. This service facilitates direct communication between the User and the advertiser or business partner of the Operator.

XII. Termination of the Contract

1. Termination of the Contractual Relationship – The contractual relationship entered into under these Terms may be terminated in the following ways:
   a) Expiration of the contract term – The contract will automatically terminate upon the expiration of the agreed term unless it is renewed in accordance with these Terms.
   b) Written Agreement – Before the expiration of the agreed term, the contract may be terminated by a written agreement between both parties. The contractual relationship will terminate on the day specified in the agreement or, if not specified, on the day following the conclusion of the agreement.
   c) Withdrawal by the Operator – The Operator has the right to withdraw from the contract in the case of a substantial breach by the User in accordance with § 345(2) of the Commercial Code, and the contractual relationship will terminate on the day the withdrawal notice is delivered to the User. A substantial breach includes, but is not limited to, a gross violation of the User’s obligations arising from the contract, these Terms, or applicable legal regulations.
2. Right of the Operator to Partial or Full Withdrawal from the Contract – The Operator may remove a User’s advertisement from the Portal, either in full or partially, if:
   a) The User cannot prove their identity, ownership rights, or other rights to the advertised property.
   b) The User is posting advertisements on the Portal under multiple accounts.
   c) The content of the advertised offer or its parts is in violation of these Terms.
   d) The User posts content in the advertisement or otherwise that conflicts with the legitimate interests of the Operator, promotes the direct competition of the Operator, or otherwise damages its business interests.
3. Right Not to Enter into a Contract – The Operator reserves the right not to enter into an advertising contract or any other cooperation with a person who is a direct competitor or who acts against the legitimate interests of the Operator or harms its business interests. This provision also applies to persons who are in a controlling or controlled relationship under § 66a of the Commercial Code or are personally or financially connected to these persons.
4. Validity of Provisions after Termination of the Contract – Termination of the contract does not affect the validity of provisions that, by their nature, are intended to remain in effect after the termination of the contractual relationship.

XIII. Termination and Deactivation of User Accounts

1. Right to Cancel User Account – The Operator may terminate the contract and cancel the User’s account in accordance with these Terms in the following cases:
   a) Violation of applicable legal regulations – The User has violated the applicable laws of the Slovak Republic or binding legal acts of the European Union.
   b) Violation of duties and prohibitions – The User has violated the duties or prohibitions set forth in these Terms.
   c) Repeated violation of the Operator’s interests – The User has repeatedly, despite previous warnings, published content that is contrary to the legitimate interests of the Operator, such as promoting competitors or other actions that damage the Operator’s business interests.
   d) Inactivity after registration – The User’s account has not been used even once within 25 days from the initial registration and subsequent logout.
   e) Unfinished verification – The User has not verified their account, preventing further login.
   f) Long-term inactivity – The account has not been used for 2 years after the last login.
   g) At the User’s request – The User may request the cancellation of their account via the settings in their profile.
   h) Risk of damage – If the use of the account may cause or causes harm to the Operator or other Users.
2. Right to Deactivate or Limit Services – The Operator may temporarily deactivate the account or limit the User’s services, including removing advertisements or limiting access to services, in the following cases:
   a) Advertisement violates Terms – The User has posted an advertisement whose content is in violation of these Terms.
   b) Non-payment of the invoice – The User has not paid the invoice for using the Portal services within the set due date.
   c) Exceeded advertisement limit – The User has exceeded the allowed number of advertisements according to the purchased service package.
3. Account Restoration – Upon the request of the User who has properly settled their obligations to the Operator or corrected any advertisement issues, the Operator may reactivate the account. A processing fee of 32 EUR excluding VAT or the lowest monthly package rate will be charged to Business Advertisers for this service.

XIV. Liability for Damages

1. The User acknowledges that they use the Portal services exclusively at their own risk. The Operator is not responsible for the activities of the Users or how they use the services.
2. The Operator is not liable for damages that arise for the User or third parties as a result of or in connection with the use of the Portal services, whether directly, indirectly, or incidentally.
3. The Operator is not responsible for damages caused to the User or third parties due to a technical failure of the Portal services or in relation to such a situation.
4. The content added by Users on the Portal is outside the Operator’s responsibility, and the Operator is not liable for its accuracy or for any false or comparative advertising. If the Operator becomes aware of content that violates the law, good morals, or these Terms, they are entitled to block or remove such content. The Operator’s right to withdraw from the contract is not affected by this.
5. The Operator does not guarantee continuous availability, flawless functionality, or security of the Portal. The Operator reserves the right to temporarily suspend the operation of the Portal without prior notice or explanation.
6. The Operator is not liable for any damage the User may suffer in connection with using the Portal services, especially due to its non-functionality, errors, activities of other Users, or other reasons.

XV. Liability for Defects and Complaints Policy

1. The Operator is responsible for ensuring that paid services on the Portal are provided timely and in accordance with their description. In case of defects in the provided services that are rectifiable, the Operator is obliged to promptly resolve them.
2. Complaints, grievances, and user feedback are handled according to the Complaints Procedure, which outlines the specific procedures for their submission and resolution.
3. A User may submit a complaint in writing via email to the Operator at (info@famalo.com) with a detailed description of the complaint.
4. The Operator is obligated to respond to every complaint within the legally stipulated period and inform the User of their position. If the complaint is deemed valid, the Operator must address the User’s claims arising from the complaint.
5. If a User, who is a consumer, is dissatisfied with how the complaint is handled or if the Operator does not respond to the complaint within 30 days, the User has the right to turn to an alternative dispute resolution entity in accordance with Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes. A dispute resolution entity could be, for example, the Slovak Trade Inspection (Prievozská 32, P.O. Box 5, 820 07 Bratislava 27) or another legal entity listed by the Ministry of Economy of the Slovak Republic. In the case of cross-border disputes, the User may contact the European Consumer Centre.
6. In accordance with EU Regulation No. 524/2013, consumers can resolve their contractual relationship disputes through the online dispute resolution platform (ODR), managed by the European Commission, which is accessible at: https://ec.europa.eu/consumers/odr.
7. For questions and complaints, the User can contact the Operator via email at: info@famalo.com

XVI. Transitional and Final Provisions

1. These Advertising Terms come into effect on the date they are published on the Portal unless a later date is specified.
2. If the User is a consumer, the relationship between them and the Operator is governed by the Civil Code and consumer protection laws in Slovakia and the EU. For other Users, the provisions of the Commercial Code and other binding regulations apply.
3. The Operator reserves the right to modify or innovate the Portal services without prior notice to the Users, provided that it does not affect their rights guaranteed by law.
4. The Operator is entitled to change these Terms, especially in the case of changes in legal regulations, technical conditions, or when expanding services on the Portal. The User will be informed of any significant changes in a timely manner, and the User may express their disagreement with the changes by withdrawing from the contract.
5. If a change is substantial, the User will be adequately informed. Disagreement with the change may lead to the termination of the service.
6. The Operator may adjust the advertising prices for business advertisers according to the current Price List and inform them of the changes. Business advertisers may express their disagreement and negotiate the conditions for further cooperation.
7. In case of disagreement with substantial changes to the Terms, the User may withdraw from the contract without penalties, to the extent that the change affects the service they are using.
8. The Terms remain in effect throughout the contractual relationship between the User and the Operator and apply even after the relationship ends, until all obligations are fully settled.
9. These Terms are the special terms for providing advertising services on the FAMALO portal and also serve as the General Terms and Conditions.

In Banská Bystrica, 13.11.2024