GENERAL TERMS AND CONDITIONS OF THE CONTRACT ON ACCESS TO THE PLATFORM FOR SUPPLIERS
Záväzné znenie dokumentu je vydané v anglickom jazyku.
1. Introductory provisions
1. These general terms and conditions (hereinafter referred to as "GTC") are issued by the Operator – a commercial company:
In The City FZ-LLC
a company established under UAE law
Registered office: B01G39D, New Service Block - Al Hulaila FZ, B01G39D, Al Hulaila Industrial Free Zone, RAK, United Arab Emirates
License number: 47022221
Bank details:
AE380330000019101744162
Phone number: +971 508 718 966
Email: inthecity@inthecity.app
(hereinafter referred to as the "Operator").
2. The Operator offers the possibility to sell their products, provide various services, and carry out other marketing activities through the platform defined in point 1.4 of this article of these GTC by Suppliers, who are (with the exception of Suppliers within the meaning of point 3.6 of these GTC) legal entities and/or natural persons, entrepreneurs, on the basis of a special contract for access to the Platform (hereinafter also referred to as the "Contract") concluded between the Operator and this Supplier, or in the case of relationships relating to advertising services within the meaning of point 3.6 of these GTC, natural persons who are not entrepreneurs, or legal entities that do not act within the scope of their business activities, based on an contract concluded between the Operator and this Supplier (hereinafter all suppliers also referred to as the "Supplier"), by accepting these GTC during the registration process within the meaning of point 2 of these GTC. The Supplier (with the exception of Suppliers within the meaning of point 3.6 of these GTC) declares to the Operator that it has all the necessary permits in the relevant country of operation to sell Goods or provide Services in accordance with these GTC and in accordance with the performance of its business activities, and in the event of any discrepancies with this declaration, the Operator is entitled to suspend the Supplier's ability to sell Goods or provide Services until the Supplier's declaration is in accordance with the actual state of affairs, or to cancel the Supplier's registration with reference to the provisions of point 2. 9 of these GTC. The Supplier, within the meaning of point 3.6 of these GTC, declares to the Operator that in the relevant country of operation, it is not an entrepreneur within the meaning of the relevant definitions, or does not act within the scope of its business, and in the event of any discrepancies with this declaration, the Operator is entitled to suspend the Supplier's ability to sell Goods or provide Services until the Supplier's statement is in accordance with the actual state of affairs, or to cancel the Supplier's registration with reference to the provisions of point 2.9 of these GTC.
3. The Customer is a natural or legal person registered in the Operator's electronic database who, after their own authorization, uses the Platform defined in point 1.4 of this article of the GTC for the purpose of placing electronic orders for goods and services via the Platform, or for the purpose of using other services offered on the Platform (hereinafter referred to as the "Customer"). Within the framework of individual relationships, a Customer may also be a person who does not place any orders for goods or services via the Platform, but who is targeted, for example, by marketing activities on the Platform.
4. The General Terms and Conditions (hereinafter referred to as the "GTC") are issued by the Operator and govern the use and behavior of users of the portal and Subscribers available on the website www.inthecity.app (hereinafter also referred to as the "Platform" or "Portal") or in the "In the city" application available on the App Store and Google Play, through which the Operator allows Subscribers to order goods or various services offered by the Operator's contractual partners – Suppliers. If permitted by the provisions of these GTC, the Operator may act as an intermediary in the contractual relationship between the Supplier and the Customer, or as a payment agent.
5. The subject of offering goods or providing services on the Platform is mainly:
- Providing advertising and marketing promotion of the Supplier's goods and services on the Platform aimed at an indefinite group of Customers, based on a marketing relationship between the Operator as a provider of marketing services and the Supplier as a recipient of marketing services, whereby this relationship between the Operator and the Supplier is governed by the provisions of Article 3.1 of these GTC, in addition to the general provisions of these GTC;
- Provision of online marketplace services on the Platform, through which the Operator offers Suppliers, in accordance with the provisions of Article 3.2 of these GTC, the opportunity to list goods and services on the online marketplace and sell them to Customers. The conclusion of a specific contract (the subject of which is the sale of goods or the provision of services) is concluded exclusively between the Supplier and the Customer under the framework conditions set out in these GTC, but the contractual relationship between the Supplier and the Customer is in any case governed by the provisions of the Supplier's GTC, which the Supplier is obliged to issue and make available to Customers on the Platform. The subject matter of these GTC is exclusively the regulation of relations between the Operator and the Supplier, concerning in particular the placement of the Supplier's Goods and Services on the Platform. The regulation of the relationship between the Supplier and the Customer is the subject matter of the GTC issued by the Supplier;
- Provision of intermediary services in the field of accommodation services, in accordance with the provisions of Article 3.3 of these GTC;
- Provision of advertising services in the field of the real estate market – in accordance with the provisions of Article 3.4 of these GTC;
- Provision of advertising services in the field of promotion of various events in individual cities in accordance with the provisions of Article 3.5 of these GTC;
- Provision of advertising services in the field of advertising goods and services in accordance with the provisions of Article 3.6 of these GTC;
- Provision of advertising services in the area of job advertisements in accordance with the provisions of Article 3.7 of these GTC;
- (the goods or services referred to in these GTC, in addition to their specific designation within the meaning of the relevant section of the GTC, also referred to as "Goods," "Services," or collectively as "Goods and/or Services" according to the relevant grammatical and semantic form)
6. To the maximum extent permitted by the mandatory provisions of the relevant legal regulations, the Operator is entitled to unilaterally amend or supplement the provisions of these GTC at any time, for example with reference to improving the quality of the services provided or, if necessary, due to, but not limited to, changes in the relevant legislation. The Operator is obliged to inform the Supplier of any change to these GTC by publishing the new version of the GTC on the Platform and by sending an information notice by e-mail, whereby this change shall take effect on the 30th day after delivery of the notice to the Supplier in accordance with this sentence. The Supplier is obliged to familiarize themselves with the proposed changes in their own interest. If the Supplier does not agree with the change to the GTC, the Supplier is entitled to terminate the Contract, in which case the notice of termination must be delivered to the Operator no later than 1 (one) day before the proposed effective date of the new GTC.
7. The Contracting Parties hereby also exclude the application of any terms and conditions issued by the Supplier or various business associations to the legal relations that arise between the Contracting Parties on the basis of the Contract and these GTC. In the event that, for any reason, the legal relations between the Contracting Parties are governed by any other terms and conditions in addition to these GTC, the Contracting Parties agree that the provisions of these GTC shall always take precedence.
8. Any fees that the individual parties are obliged to pay under these GTC are set out in the price list available at www.inthecity.app (hereinafter also referred to as the "Price List"). To the maximum extent permitted by the mandatory provisions of applicable law, the Operator is entitled to unilaterally change or supplement the Price List at any time. The Operator is obliged to inform the Supplier of any change to the Price List by publishing the new Price List on the Platform and by sending an information notice by e-mail, whereby this change shall take effect on the 30th day after delivery of the notice to the Supplier in accordance with this sentence. The Supplier is obliged to familiarize themselves with the proposed changes in their own interest. If the Supplier does not agree with the change to the Price List, the Supplier is entitled to terminate the Contract, in which case the notice of termination must be delivered to the Operator no later than 1 (one) day before the proposed effective date of the new Price List.
9. Information about the parameters and preferences according to which the Platform displays individual offers of Goods and Services is available on the following website – www.inthecity.app.
2. Registration
1. The Operator guarantees the Supplier access to the Platform and full use of all its components, provided that the Supplier meets the conditions set out in these GTC.
2. The Supplier is entitled to use the Platform and offer its Goods and Services on it exclusively as a registered user, i.e. any use is subject to registration.
3. Every legal entity and/or natural person who meets the conditions set out in Article 1.2 and is a business entity within the meaning of the applicable laws of the country of registration or these GTC is entitled to register. The Operator is not responsible for false statements about identification data or individual authorizations that this person provides during the registration process. During the registration process, the Supplier is obliged to provide the Operator with all the information required by the Platform's user interface, in particular the relevant extracts proving that the Supplier is a duly established legal entity, extracts confirming the Supplier's tax residence, extracts authorizing the Supplier to sell Goods or provide Services in accordance with these GTC, or any other documents proving that the Supplier meets all relevant legislative requirements (e.g., in the area of personal data protection, AML, etc.). Without the submission of the relevant extracts, the Operator is not obliged to accept the Supplier's registration.
4. The Supplier is obliged to provide/upload the following information during the registration process:
- Business name, registered office, ID number, e-mail, telephone contact,
- Name of its establishment/shop, if it operates under a name other than the Supplier's business name,
- Its terms and conditions, which are in accordance with the law and these GTC, information on the processing of personal data, or other information/documents required by law in the relevant country,
- Other information required by the platform.
5. During the registration process, the Supplier is obliged to confirm the accuracy and completeness of the data provided. The Operator is entitled to verify the accuracy and completeness of this information in any manner permitted by law, or by additionally requesting the Supplier's cooperation in the form of submitting additional information or documents proving the accuracy of the information provided. In the event of any discrepancies, the Operator is entitled to cancel the Supplier's account and thus prevent the use of the Platform.
6. If, during the term of the Contract between the Supplier and the Operator, (i) the wording of the Contract or these GTC is changed; (ii) the relevant legal regulations are changed; (iii) the documents provided by the Supplier pursuant to points 2.3 and 2.5 of these GTC expire; (iv) another justified need of the Operator arises, for example in connection with reviewing the compliance of the Supplier's procedures with these GTC; the Operator is entitled to request the Supplier to re-demonstrate all the facts stated in these articles and to deliver the relevant documents, at any time during this period, and the Supplier is obliged to fulfill this obligation within the period specified by the Operator, otherwise the Operator is entitled to cancel the Supplier's registration.
7. The Supplier is responsible for protecting their login details and for ensuring that only they or persons authorized by them (employees, contractual partners, etc.) use the services provided by the Platform and offer their Goods and Services through it within their account. In the event of theft of login details, the Operator shall not be liable for any damage incurred by the Supplier. The Operator undertakes to secure these details on its part to the greatest extent possible.
8. The Supplier is entitled to registration without any fee. This does not affect the Supplier's obligation to pay the Operator remuneration in accordance with the relevant provisions of these GTC and the Price List.
9. The Operator is entitled to refuse to register a Supplier or to cancel an existing account if it has reasonable grounds to suspect that the account has been misused, is being used under a false identity, the Supplier does not meet or has ceased to meet the conditions set out in these GTC, the very existence of the account or any action taken by the Supplier with the account is contrary to valid and effective legal regulations or good morals, the Operator suspects fraudulent conduct, or if the same person has multiple accounts. If, in accordance with this article or other articles of these GTC, the Supplier's account is restricted or blocked or the Contract is terminated, the Operator is entitled to withhold the Supplier's funds. These funds may be used to cover the Supplier's obligations to third parties - Customers or to settle claims incurred by the Operator, such as claims for refunds to Customers, arrears, fees, or compensation for damages.
10. The Supplier is entitled to cancel their registration at any time during the use of the website by selecting the appropriate option in the account settings, whereby this action is considered a termination of the Contract concluded on the basis of these GTC with reference to Article 6.3 of these GTC.
11. The Contracting Parties acknowledge that the conclusion of the Contract in accordance with these GTC is based on the Supplier's registration, within which the Supplier is obliged to express their consent to the wording of these GTC (by ticking the option "I agree with the wording of these GTC").
3. Subject Matter of the Contract – Individual Contractual Relationships
3.1 Marketing Promotion
3.1.1 Subject Matter of Marketing Promotion
1. The subject matter of this Contract is the provision of advertising services by the Operator for the purpose of promoting and presenting the Goods, Services, or the Supplier's brand or logo, within the scope of the relevant Platform option.
2. The conclusion of a marketing promotion contract is based on a proposal by the Supplier and its subsequent acceptance by the Operator. A proposal to conclude a marketing promotion contract is an act by the Supplier who, within the scope of selecting the relevant option within the Platform, fills in the required data and selects the option to upload the advertisement in question. This information includes: (i) the name of the advertised Goods or Services; (ii) a link to the Supplier's website or similar platform; (iii) the Supplier's contact details, if these were not provided during the registration process under point 2 of these GTC; (iv) other information required in the process of uploading the advertisement by the Platform.
3. After successfully completing the step referred to in point 3.1.1.2, the Operator shall notify the Supplier (by e-mail or in a message sent on the Platform) that it accepts or rejects the proposal. The Supplier does not have an unconditional right to have its proposal accepted. If the Operator accepts the Supplier's proposal, the parties shall conclude a marketing promotion contract within the scope of the rights and obligations set out in these GTC.
4. The Operator is obliged to promote the Goods, Services, or the Supplier's brand or logo by placing information about them in the relevant section of the Platform for the period specified in the Platform's user interface.
5. The placement of Goods and Services on the platform itself is free of charge. If the Supplier is interested in using the promotion service and other marketing services, they are obliged to pay the fee specified in the Price List for the promotion in the form of placing Goods, Services, or the Supplier's brand or logo on the Platform.
6. The subject of the contract is exclusively the placement of Goods, Services, or the Supplier's brand or logo on the Platform, and any contractual relationship (especially in connection with the delivery of the advertised Goods or the provision of the advertised Service for a fee) that arises between the Supplier and the Customer is not the subject of this Contract; This does not apply if the Customer chooses, in addition to the advertising service, also the online marketplace service in accordance with point 3.2 of these GTC. By clicking on the relevant option on the Platform, the individual Customer will then be redirected to the Supplier's platform, through which they can implement their contractual relationship with the Supplier.
7. The subject of the contract may also be the so-called boosting of the Supplier's advertisement, which is a service of highlighting or prioritizing an advertisement within the list of advertisements on the Platform, ensuring its higher placement in search results or its visibility in prominent places on the Platform. A boosted advertisement is marked with a special visual element and/or is displayed before advertisements without this service. The price for providing this service is set out in the Price List. The top-up service is activated via the Platform's user interface after the Supplier has selected the relevant option and paid the fee in accordance with the current Price List. The activation of the service takes effect immediately after the successful processing of the payment, unless otherwise specified. Boosting is a time-limited service. The duration of boosting is specified in the Price List or within the Platform user interface. After this period has expired the advertisement will automatically return to the standard order according to the relevant algorithms and search parameters. In addition to advertising, the Supplier is also entitled to use other marketing services charged in accordance with the Price List.
3.1.2 Rights and obligations
1. The Supplier undertakes to pay the Operator the agreed remuneration in accordance with the Price List under the conditions set out in these GTC.
2. The Supplier is fully responsible for the content of the advertisement and for any damage caused by the publication of the advertisement to the Operator (for example, in the form of sanctions imposed by the relevant state authorities in connection with the execution of the advertisement in violation of the provisions of this Contract), or to any third parties.
3. The Supplier is responsible in particular for the compliance of the advertisement with generally binding legal regulations and good morals, as well as the good name and reputation of the Operator.
4. The Supplier is obliged to provide the Operator only with such materials for the provision of advertising for which it has all the necessary intellectual property rights or other rights necessary for the placement of advertising. The Operator provides advertising in accordance with these GTC on the basis of materials supplied by the Supplier.
5. The Operator undertakes to:
- ensure the execution of advertising for the Supplier,
- perform its obligations under the previous provisions of the GTC properly and in a timely manner and in accordance with these GTC.
6. The Operator is entitled to reject an advertisement if:
- the advertisement is contrary to laws and other legal regulations,
- the advertisement is not in accordance with good morals, the provisions of these GTC, or potentially threatens public order.
7. If the Operator rejects the advertisement, it shall notify the Supplier thereof without delay. This shall terminate the partial advertising relationship between the Operator and the Supplier.
8. The Operator informs the Supplier that placing an advertisement or ordering a promotion service does not guarantee an increase in sales, responses, or visits to the advertisement. The Operator is not responsible for the results that the Supplier expects from using this service. The Operator is also not responsible for technical failures or errors that prevent or limit the temporary display of advertising or the advertising promotion service, unless it is due to intentional or grossly negligent conduct on the part of the Operator.
3.2 Online marketplace services
3.2.1 Operation and access to the online marketplace
1. By this Contract, the Operator undertakes to perform activities for the Supplier consisting in the operation of an online marketplace – e-shop on the Platform (hereinafter also referred to as the "Agreed Activity") in accordance with the terms and conditions set out in these GTC.
2. The Contracting Parties declare that the Supplier uses the e-shop operated by the Operator as an online marketplace to offer its Goods and Services.
3. Within the scope of the agreed activity relating to the operation of the online marketplace, the Supplier shall:
- Provide the Operator with all the information necessary to perform the agreed activity – in particular, a list of individual products that it wishes to sell through the Platform, their specifications, price, information about their availability, transport, delivery options, or any other information that needs to be published on the Platform for the purpose of selling the Supplier's products,
- Upon receiving information about a person interested in the products, it shall conclude a contract for the delivery of Goods or the provision of Services with the Customer via the Platform, in accordance with its terms and conditions published on the Platform.
- It shall ensure the proper and timely fulfillment of all obligations under the contract concluded with the Customer.
- Acknowledges that the online marketplace is operated under the brand name "In The City" and therefore undertakes to perform activities in accordance with these GTC in such a way as to increase public awareness and the good name and reputation of the Operator of the online marketplace to the greatest extent possible.
4. Within the scope of activities under this Contract, the Operator shall:
- ensure the operation of the Platform throughout the duration of this Contract,
- ensure appropriate conditions so that the Supplier and the Customer can conclude a contract for individual Goods or Services within the Platform if the Customer is interested in purchasing products,
- provide the Supplier with a so-called payment point service – i.e. receive (on behalf of the Supplier) all payments from Customers in connection with the Goods and Services, whereby these funds are owned by the Supplier,
- transfer to the Supplier all funds received in accordance with the previous point of this article within 30 days of receipt to a special account set up by the Supplier on the same payment gateway platform as the Operator. These provisions shall not affect the Operator's right to unilaterally set off its claims against the Supplier within the meaning of these GTC.
5. The Contracting Parties declare that the products offered within the Platform are owned by the Supplier and that the Operator provides the Supplier and its customers, in connection with the Platform, exclusively with a service consisting in the operation of an online marketplace on which the Supplier offers its products and through which it enables the Supplier and Customers to perform certain acts related to the conclusion of a contract, the subject of which are the Supplier's Goods and Services.
6. In performing the agreed activities, the Operator is not authorized to perform actions on behalf of and for the account of the Supplier; in particular, it is not authorized to conclude any contracts or contracts on behalf of the Supplier, nor is it authorized to assume any obligations on behalf of and for the account of the Supplier in any way.
3.2.2 Rights and obligations
1. When using the Platform, the Supplier undertakes to comply with all applicable laws, the rules set out in these GTC, and the instructions or conditions stated on the Platform's publicly accessible pages
2. The Supplier undertakes not to offer Goods and Services whose sale or offer itself is contrary to legal regulations, public order, the rights of third parties, or the principles of good morals.
3. The Supplier undertakes to offer only Goods and Services that it has at its disposal, i.e. that it owns or is able to manufacture or procure by the time of dispatch to the Customer. The Supplier's offer must correspond to its stocks or expected availability of such stocks. The Supplier also undertakes to arrange for the transport of the Goods (and, where applicable, the Services, if it is necessary to deliver anything to the Customer in connection with the provision of such Services and according to the nature of such Services) and, therefore, the delivery of the Goods and Services to the Customer. The Operator undertakes to inform the Supplier of the existence of a new order without undue delay.
4. The Supplier undertakes to send the Goods or provide the Service immediately after confirmation of the order or after contract with the Customer, and if this is not possible, the Supplier is obliged to inform the Operator of the delay or unavailability.
5. The Supplier is not entitled to demand any direct payment from the Customer and is entitled to sell products through the Platform exclusively by using the services of the online marketplace.
6. The Supplier performs the agreed activity, i.e. the sale of Goods and the provision of Services through the Platform, at its own responsibility and bears any damages caused to it in the course of this activity. The Supplier is liable for any damages caused to third parties or the Operator in the performance of the agreed activity
7. In the case of a distance contract concluded by electronic means, the Supplier is obliged to state explicitly, unambiguously, and comprehensibly to the Customer immediately before sending the order, if this information is not obvious from the circumstances of the conclusion of the contract or the nature of the product, in particular information about:
- the main characteristics of the product in a manner appropriate to the type and nature of the product and the form of information provided,
- the selling price of the product, the manner in which it is calculated if the selling price cannot be determined in advance due to the nature of the product, the costs of transport, delivery, postage and other costs and charges, and the fact that additional costs and charges may be included in the total price if the costs and charges cannot be determined in advance,
- the duration of the contract, if it is a contract concluded for a definite period, or the conditions for terminating the contract, if it is a contract concluded for an indefinite period or a contract whose validity is automatically extended.
8. The Operator and the Supplier are obliged to comply with the valid and effective legislation in the field of personal data protection when performing any contractual obligations under this Contract.
9. The Contracting Parties are obliged to cooperate and inform each other in a timely manner about facts important for the performance of this Contract.
10. The Supplier undertakes to perform activities under this Contract, i.e. the sale of products to Customers, in such a way that no damage is caused to the Operator (e.g. in the form of any monetary claims by third parties, Customers, or fines or other sanctions imposed by public authorities). In the event that a third party or public authority asserts any claim, penalty, or other monetary performance against the Operator that arose even partially due to a breach of obligations by the Supplier, and this claim is justified, the Supplier undertakes to compensate the Operator for the entire claim thus asserted, including its accessories and costs associated with the assertion (e.g., legal representation costs). In addition to the claim and its accessories referred to in the previous sentence, the Supplier undertakes, in the event of the hypothesis referred to in the previous sentence being fulfilled, to reimburse the Operator for a lump sum compensation for administrative costs in connection with the recourse claim, in the amount of USD 100 for each claim asserted.
3.2.3 Price of Goods and Services
1. The Supplier lists its products on the Platform with the final price including the applicable VAT rate valid in the country of registration of the Supplier. The price of Goods and Services must include all fees or payments paid to the Operator by the Supplier. If the Supplier does not provide the Customer with clear information about the need for additional payments, the price of the goods shall be deemed to include all services and fees.
2. The Customer shall pay the price for the Goods and Services by bank transfer to the Operator's account in the payment gateway operated by Stripe, Inc., which is part of the Platform, in the form of a payment card payment or a cashless transfer to the account, with the individual options depending on the options offered by the Payment Gateway Operator.
3. The Operator provides the Supplier with a so-called payment point service – i.e. it accepts (on behalf of the Supplier) all payments from Customers in connection with the Goods and Services, whereby these funds are owned by the Supplier. The Operator shall transfer all funds received under this point of this article to the Supplier within 30 days of receipt. These provisions shall not affect the Operator's right to unilaterally set off its claims against the Supplier under Article 4. 5 of these GTC, in particular the claim for its remuneration within the meaning of these GTC, as well as other possible costs of the Operator (in particular costs associated with the transaction via the payment gateway) incurred by it, e.g., in connection with the cancellation, termination, or complaint of an order.
4. The Operator also maintains so-called virtual settlement accounts for the Supplier, which are used to monitor transactions conducted via the Platform. These accounts form the basis for creating payment transactions between the parties in connection with the forwarding of payments within the payment point.
3.2.4 Contract conclusion process
1. When selling Goods and providing Services through the online marketplace, the Supplier is the sole contracting party of the Customer, and the Operator acts solely as an intermediary and payment point within this relationship. Any liability, including liability for damage and liability for defects, for the conclusion and performance of a contract concluded through the Platform lies solely with the Supplier.
2. The Operator shall not be liable to the Supplier for any minimum volume of contracts concluded with Customers, nor shall it be liable for the conclusion or performance of contracts by Customers.
3. The contract shall be concluded as follows:
- The Customer selects the desired Goods or Services by clicking on the relevant button within the Platform and adds them to the shopping cart. By clicking on the button to send the order with the obligation to pay, the Customer sends a binding offer to conclude a purchase contract.
- The Operator shall confirm only the receipt of the order in electronic form, not its acceptance, and shall notify the Supplier thereof, who is then obliged to confirm the Customer's order to the Customer without delay. Only this confirmation by the Supplier constitutes acceptance of the order, and this act concludes the relevant contract for the delivery of Goods or provision of Services.
- The Customer is obliged to pay the price set by the Platform for the delivered Goods or provided Services using the payment gateway. The price for the ordered Goods or provided Services is blocked on the payment card until the order is accepted by the Supplier in accordance with the previous point of these GTC. The Customer pays the price directly to the Operator, who then settles the account with the Supplier.
- After concluding the contract, the Operator shall send all parties involved the information necessary for its performance.
3.3 Accommodation
3.3.1 Subject matter of the accommodation brokerage contract, rights and obligations
1. These GTC regulate the rights and obligations between the Operator and the Supplier, as the person providing accommodation services, in connection with binding accommodation orders made through the Platform (hereinafter also referred to as "reservation").
2. The Operator provides an intermediary service between the Supplier and the Customer, but bears no responsibility for the provision of accommodation itself. The contractual relationship for accommodation is established directly between the Supplier and the Customer.
3. The Customer selects available accommodation from the offer via the Platform and enters the required data during the ordering process. After confirmation of the reservation by the Supplier, the reservation is considered binding.
4. Cancellation conditions are determined individually by each Supplier and are displayed with the specific offer.
5. Any changes to the reservation can only be made after contract with the Supplier.
6. The Operator undertakes to maintain the Platform functional for the purpose of securing accommodation for the Customer.
7. The Operator is not responsible for the accuracy and timeliness of the information provided by the Supplier and is not liable for any damages incurred in connection with the accommodation or its cancellation.
8. The Supplier undertakes to provide accommodation in accordance with the description provided on the Platform.
9. The Supplier is responsible for fulfilling all the obligations of an accommodation provider (cleanliness, equipment, accessibility, safety, etc.).
3.3.2 Payment terms
1. Payments for accommodation can be made through the Platform or directly to the Supplier via their booking system or in cash based on a contract with the Supplier.
2. The Operator, in its position as an intermediary, performs exclusively the function of a payment point in this relationship. For the provision of these services, the Supplier is obliged to pay the Operator a fee, the amount of which is specified in the Price List.
3. The provisions of Articles 3.2.3 and 4 of these GTC shall apply mutatis mutandis to legal relationships concerning payment terms under this point.
3.4 Real Estate Advertising
3.4.1 Subject matter of the real estate advertising agreement, rights and obligations
1. These GTC regulate the rights and obligations between the Operator and the Supplier in connection with the use of the Platform, which serves for the publication of advertisements relating to the sale, purchase, rental of real estate, or similar activities, for a fee. For the purposes of this provision of the GTC, a Supplier is considered to be exclusively a private individual outside a real estate agency. Real estate agencies are not entitled to use this portal for their own advertising, with the exception of real estate agencies belonging to the In the city network operated by the Operator's partners in the country where the service is provided.
2. The Platform provides Suppliers with the opportunity to publish advertisements related to real estate (sale, purchase, rental, etc.), and Subscribers with the opportunity to view available offers and contact their authors through the designated functionality of the Platform.
3. The Operator informs the Supplier that the Platform is only a marketing platform and is not responsible for the content of advertisements, the accuracy of data, the condition of real estate, or the fulfillment of contracts between the Supplier and the Customer.
4. The advertisement must contain truthful information about the property and must be classified in the appropriate category.
5. The Supplier may not publish:
- advertising real estate without ownership or brokerage authorization,
- misleading, false, or deceptive advertisements,
- repeated or duplicate advertisements,
- content that violates good morals or applicable laws.
6. The operator has the right to refuse or delete an advertisement that violates these GTC or is inappropriate.
7. The operator is not responsible for the content of advertisements or for any damage resulting from their use.
8. The supplier bears full responsibility for the content of the published data.
9. The provisions of Articles 3.2.3 and 4 of these GTC shall apply mutatis mutandis to the terms of payment.
10. The price list is available at www.inthecity.app.
3.5 Advertising events
1. These GTC regulate the rights and obligations between the Operator and the Supplier in connection with the use of the Platform, which serves for the free publication of advertisements relating to events such as various concerts, performances, events, etc. The Platform provides Suppliers with the opportunity to publish advertisements related to this category, and Subscribers with the opportunity to view available offers and contact their authors through the designated functionality of the Platform. In the case of using the top-ranking service or other marketing activities, a fee is payable in accordance with the Price List.
2. The Operator informs the Supplier that the Platform is only a marketing platform and is not responsible for the content of advertisements, the accuracy of data, the implementation of events, or the fulfillment of contracts between the Supplier and the Customer.
3. The advertisement must contain truthful information about the event and must be classified in the appropriate category.
4. The Supplier may not publish:
- advertisements for events without the consent of their organizers,
- misleading, untrue, or deceptive advertisements,
- repeated or duplicate advertisements,
- content that violates good morals or applicable laws.
5. The operator has the right to refuse or delete an advertisement that violates these GTC or is inappropriate.
6. The operator is not responsible for the content of advertisements or for any damage resulting from their use.
7. The supplier bears full responsibility for the content of the published data.
8. The provisions of Articles 3.2.3 and 4 of these GTC shall apply mutatis mutandis to the terms of payment.
9. The price list is available at www.inthecity.app.
3.6 Advertising of goods and services
1. These GTC regulate the rights and obligations between the Operator and the Supplier in connection with the use of the Platform, which serves for the free publication of advertisements relating to the sale of Goods or Services by Suppliers who, with reference to the provisions of Article 2.1 of these GTC, are not entrepreneurs. The Platform provides Suppliers with the opportunity to publish advertisements related to this category, and Customers with the opportunity to view available offers and contact their authors through the designated functionality of the Platform. In the case of using the top-ranking service or other marketing activities, a fee is payable in accordance with the Price List.
2. Due to the fact that the Supplier, within the relationship with the Customer arising on the basis of this section 3.6 of these GTC, does not meet the definition of an entrepreneur (or trader), and the Customer is not a consumer, the Operator hereby notifies the Supplier and the Customer that the Customer does not have the right to withdraw from the contract concluded with the Supplier without giving a reason, if such a right is permitted by law.
3. The subject of the contract may also be the so-called boosting of the Supplier's advertisement, which is a service of highlighting or prioritizing the advertisement within the list of advertisements on the Platform, ensuring its higher placement in search results or its visibility in prominent places on the Platform. A boosted advertisement is marked with a special visual element and/or is displayed before advertisements without this service. The price for providing this service is set out in the Price List. The top-up service is activated via the Platform user interface after the Supplier has selected the relevant option and paid the fee in accordance with the current Price List. Unless otherwise stated, activation of the service takes effect immediately after successful payment processing. Boosting is a time-limited service. The duration of boosting is specified in the Price List or within the Platform user interface. After this period, the ad will automatically return to the standard order according to the relevant algorithms and search parameters.
4. The Operator hereby notifies the Supplier that the Platform is only a marketing platform and is not responsible for the content of advertisements, the accuracy of data, the conclusion of subsequent contractual relationships between the Supplier and the Customer, or their performance.
5. The advertisement must contain truthful information about the Goods or Services and must be classified in the appropriate category.
6. The Supplier may not publish:
- advertisements for Goods that are not in its possession or that it is not authorized to sell and advertise, or Services that it is not authorized to provide,
- misleading, untrue, or deceptive advertisements,
- repeated or duplicate advertisements,
- content that violates good morals or applicable laws.
7. The Operator has the right to refuse or delete an advertisement that violates these GTC or is inappropriate.
8. The Operator is not responsible for the content of advertisements or for any damage resulting from their use.
9. The Supplier is fully responsible for the content of published advertisements.
10. The provisions of Articles 3.2.3 and 4 of these GTC shall apply mutatis mutandis to the payment terms.
11. The price list is available at www.inthecity.app.
3.7 Job advertisements
1. These GTC regulate the rights and obligations between the Operator and the Supplier in connection with the use of the Platform, which serves for the free publication of advertisements relating to job offers by Suppliers. The Platform provides Suppliers with the opportunity to publish advertisements related to this category, and Customers with the opportunity to view available offers and, if interested, contact their authors using the designated functionality of the Platform, whereby the Customer uploads and sends the Supplier a CV created by them as part of this contact. If interested in using the top-ranking service or other marketing activities, a fee is payable in accordance with the Price List.
2. Within the scope of this Platform functionality, if interested in advertising themselves to Suppliers as employers, Customers are also entitled to upload their CVs and publish it for viewing by Suppliers, who can then contact the Customer via the designated functionality in the Platform's user interface for the purpose of entering into an employment relationship.
3. The subject of the contract may also be the so-called boosting of a Supplier's advertisement, which is a service of highlighting or prioritizing an advertisement within the list of advertisements on the Platform, ensuring its higher placement in search results or its visibility in prominent places on the Platform. A boosted advertisement is marked with a special visual element and/or is displayed before advertisements without this service. The price for providing this service is set out in the Price List. The top-up service is activated via the Platform user interface after the Supplier has selected the relevant option and paid the fee in accordance with the current Price List. Activation of the service takes effect immediately after successful payment processing, unless otherwise stated. Boosting is a time-limited service. The duration of boosting is specified in the Price List or within the Platform user interface. After this period, the ad will automatically return to the standard order according to the relevant algorithms and search parameters.
4. The Operator hereby notifies the Supplier that the Platform is only a marketing and intermediary platform and is not responsible for the content of advertisements, the accuracy of data, the conclusion of subsequent contractual relationships between the Supplier and the Customer, or their performance, nor for the content of CVs submitted to the Supplier by Customers. The Operator also informs the Supplier that the services provided by the Platform are not considered to be the provision of paid employment intermediation services.
5. The advertisement must contain truthful information about the job and must be classified in the appropriate category.
6. The Supplier may not publish:
- job advertisements in relation to which it is not the employer,
- misleading, false, or deceptive advertisements,
- repeated or duplicate advertisements,
- content that violates good morals or applicable laws.
7. The operator has the right to refuse or delete an advertisement that violates these GTC or is inappropriate.
8. The operator is not responsible for the content of advertisements or for any damage resulting from their use.
9. The Supplier bears full responsibility for the content of published advertisements.
10. The provisions of Articles 3.2.3 and 4 of these GTC shall apply mutatis mutandis to the terms of payment.
4. Remuneration
1. The Operator declares to the Supplier that registration itself and the placement of products on the website are free of charge. The Operator shall be entitled to remuneration in the event of the conclusion of any of the contractual relationships within the meaning of Article 3 of these GTC.
2. The contracting parties agree that the Supplier is obliged to pay the Operator remuneration for the services provided under these GTC in the amount specified in the Price List. VAT will be applied to the remuneration in accordance with the relevant legal regulations.
3. In the case of payment of remuneration pursuant to Articles 3.2 and 3.3 of these GTC, the remuneration shall be due upon conclusion of the contract between the Supplier and the Customer and shall be paid by way of set-off pursuant to point 4.5.
4. The Contracting Parties agree that in the case of payment of remuneration pursuant to points 3.1, 3.4, and 3.5 of these GTC, the Supplier shall pay the remuneration pursuant to the previous point to the Operator, payable at the time of ordering the service pursuant to these GTC. The Supplier is obliged to pay the remuneration using all payment details provided on the Platform. The Operator shall send the invoice to the Supplier to the Supplier's email address within 5 working days of receipt of payment.
5. The Contracting Parties agree that the Operator is entitled to unilaterally set off its (even unmatured) claim for payment of remuneration within the meaning of this section of the GTC against any claims of the Supplier, including the Supplier's claim for the transfer of payments received from the Supplier's customers in connection with the products sold with reference to these GTC.
6. The Supplier is not entitled to inform Customers about the amount of fees and commissions it pays to the Operator under these GTC.
5. Rights and obligations, liability
1. For all Goods and Services offered through the Platform, the Supplier is obliged to provide at least the minimum warranty required by the relevant legal regulations according to the place of its legal registration. This does not affect the Supplier's right to provide a warranty to a greater extent.
2. The Supplier is obliged to issue a complaint procedure in accordance with these GTC as part of its GTC. In the event of a warranty claim, the Supplier is obliged to handle the complaint within 14 days of the claim being made. If the law stipulates a shorter period or stricter requirements, the Supplier is obliged to comply with them. The settlement of the Customer's warranty rights must be free of charge for the Customer, i.e. carried out exclusively at the Supplier's expense.
3. The warranty may exclude damage caused by:
- normal wear and tear of the goods to a reasonable extent,
- improper handling,
- failure to follow the instructions for use.
4. The Supplier acknowledges that the key business rule of the Platform is the correct, accurate, and timely delivery of Goods and provision of Services. If the Customer orders the delivery of Goods or the provision of Services that are not available, the Supplier is obliged to inform the Customer of this fact without delay and provide an alternative solution.
5. The Operator and the Supplier have agreed to limit the Operator's liability for damage incurred by the Supplier in connection with these GTC, in such a way that the Operator is liable for damage only up to the amount of the monthly fee paid to it by the Supplier on the basis of these GTC. The Operator and the Supplier also agree that the Operator shall only be liable for direct damage and shall not be liable for any indirect damage incurred by third parties or for lost profits. The Supplier's liability for damage is not limited.
6. The Operator is not obliged to compensate the Supplier for damage incurred in connection with the Supplier's actions.
7. The Operator is not liable for delays, non-performance, or technical problems with the Platform caused by events beyond its control.
8. The Operator shall be liable for data loss only if such loss could not have been prevented by normal measures on its part, such as data backup.
6. Termination of the Contract
1. This Contract is concluded for an indefinite period.
2. This Contract shall terminate by written contract of the Parties, by notice of termination, or by withdrawal of one Party pursuant to this Article of the Contract.
3. Either party is entitled to terminate this contract in writing without giving any reason. The notice period is 3 calendar months and begins on the first day of the calendar month immediately following the calendar month in which the notice was validly delivered to the other party.
4. Each of the contracting parties is entitled to withdraw from this contract if the other contracting party breaches its obligations under this Contract or the law. However, a contracting party is only entitled to exercise this right if it has notified the other contracting party of the breach of contractual obligations and the other contracting party has not remedied the situation within a reasonable period of time.
7. Confidentiality, trade secrets
1. The Operator and the Supplier are obliged to maintain confidentiality for the duration of this Contract and after its termination regarding all facts of an organizational, commercial, production, and technical nature that they have learned in connection with the performance of their obligations and which are or could be subject to the trade secrets of the other contracting party. The contracting parties also undertake to maintain confidentiality regarding all facts and circumstances that arose and which they learned during the negotiations on the conclusion of this contract, as well as upon the signing of this contract.
2. Confidential information under the Contract shall be deemed to be all information provided to each other in oral or written form, in particular any information that the parties have learned in connection with this Contract or in connection with the process of its conclusion, know-how, which means all knowledge of a commercial, manufacturing, or technical nature related to the activities of the other party that has actual or potential value and that is to be kept secret and is not known in the relevant business circles.
3. The obligation set forth in paragraph 1 of this article shall continue even after the termination of this contractual relationship.
8. Shipping and delivery
1. The Operator and the Supplier agree that any legal act of either party aimed at creating, changing, or terminating rights and obligations, or changing or terminating a legal relationship established by this contract, or any notification or request, request or consent of either party that will be required or permitted or necessary under this contract must be in writing (hereinafter referred to as "written form") and must be delivered by registered mail with the note "to be delivered in person." The address of the registered office of the contracting parties shall be used for this written communication (sending and delivery).
2. The obligation of a contracting party to deliver a document shall be deemed to have been fulfilled and the document shall be deemed to have been delivered as soon as the other contracting party accepts it and confirms its acceptance with their own signature or the signature of another person authorized to accept documents.
3. The effects of delivery of a document shall also occur if:
- the contracting party has changed the address to which the document is to be sent under this Contract without notifying the other contracting party of this change, and the post office subsequently returns the document to the contracting party as undeliverable, on the date of return of such document to the contracting party, or
- the delivery of the document was prevented by the action or omission of the contracting party to whom the document was addressed, on the date on which such action occurred, or
- the contracting party refuses to accept the document, on the date of refusal to accept the document.
- return of the shipment as undeliverable.
4. If any provision of these GTC refers to the obligation of a contracting party to deliver any notifications or other documents via email communication, the contracting parties are obliged to communicate exclusively via the email addresses specified in the header of the Platform Access Contract. In the event of a change in the e-mail address for delivery, the contracting party for whom such a change has occurred is obliged to notify the other contracting party of this fact without delay. The contracting parties are obliged to confirm the delivery of e-mail messages to each other without undue delay.
9. Final provisions
1. The Platform Access Contract and these GTC are governed by the relevant provisions of UAE law.
2. The Operator is entitled to make any changes to the GTC in accordance with these GTC.
3. If any provision of these GTC is declared invalid, such declaration shall not affect the validity and/or applicability of the other provisions of these GTC, and the contracting parties undertake to replace it with a valid provision if necessary.
4. The Supplier declares that it has read these GTC, that any discrepancies have been duly explained to it by the Operator, that it understands their content, and that, as a sign of its contract, these GTC form part of the contract, which has been concluded by the contracting parties freely, seriously, voluntarily, with certainty, not under duress or under conspicuously disadvantageous conditions, being aware of the consequences arising therefrom.
5. These GTC shall enter into force and effect on 01, 09.2026.
B01G39D, Al Hulaila Industrial Free Zone, Ras Al Khaimah, Spojené arabské emiráty
Licencia č. 47022221