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Regulations of the Prilo forwarding platfrom

Table of Contents

I. DEFINITIONS

II. GENERAL PROVISIONS

III. GENERAL CHARACTERISTICS OF THE PLATFORM

IV.  PROVISION OF ELECTRONIC SERVICES

V.  CONCLUDING A TRANSPORT ORDER BETWEEN USERS

VI. USER’S RESPONSIBILITY FOR THE USE OF THE PLATFORM

VII. RULES OF ACCESS TO THE PLATFORM

VIII.  PRICE LIST AND PAYMENTS

IX.  SERVICE PROVIDER’S LIABILITY

X.  END-USER LICENCE

XI.  PERSONAL DATA

XII.  FINAL PROVISIONS

I. DEFINITIONS

  1. Personal Data Administrator – it ought to be understood as ADAMPOL Spółka Akcyjna, ul. Usługowa 3, 15-521 Zaścianki near Białystok, KRS number: 0000056707; NIP: 542-000-01-62; REGON: 002347759
  2. Administrator – an entity registered on the Platform, an entrepreneur, receiving specific access to the Platform’s functionalities as an administrator.
  3.  Mobile Application – distributed by mobile supermarkets (including GooglePlay, AppStore), Prilo application designed to be installed on mobile devices, enabling access to some of the Platform’s functionalities. The Mobile Application is designed to use the Driver’s Account.  
  4. Authorisation – a service consisting in creating an active account on the Platform. During the account registration process, PRILO may verify the data provided by the User but is not obliged to do so. The User is obliged to provide true and correct data during registration.
  5. Customer Service Office – a team of people and tools of the Service Provider supporting the process of operating the Platform, intended for Customers.
  6. Confidential information – it ought to be understood as confidential information received in connection with the Contract concluded between the Parties, in particular any strategic, technical, technological, legal, business, commercial or organisational information. The above does not apply to information posted on the Platform by Users themselves.
  7. Shipper – an entity registered on the Platform, being an entrepreneur, receiving specific access to the functionality of the Platform as a Shipper of goods.
  8. Offer – a User’s declaration submitted via the Platform in relation to other Users aimed at concluding a Transport Order contract.
  9. Fee – a cash payment made by the User to the Service Provider. The Fee is determined based on the commission index and the value of the Transport Order. 
  10. Carrier – an entity registered on the Platform, being an entrepreneur, receiving access to certain functionalities of the Platform, providing goods transport services.
  11. Driver – a natural person who transports goods with a Vehicle as part of a Transport Order. The Driver’s Account is assigned to the Carrier’s Account.  The Carrier indicates personal data, rights to drive the Vehicle and the Driver’s telephone number via the Platform, which allows the Driver to register on the Platform via the Mobile Application.  
  12. Cargo – goods transported by the Carrier. The Cargo must be properly classified by the Shipper on the basis of its physical, chemical, physicochemical or biological characteristics and properties (the use of the correct transport technology, packaging, protection, and arrangement in means of transport depends on this). Dangerous Goods cannot be treated as cargo.
  13. Vehicle – marked means of transport of the Driver, identified by the registration number of the tractor unit and the registration number of the semi-trailer. The vehicles are assigned to Carriers.
  14. Account – collective name for the Shipper’s Account, Carrier’s Account and Driver’s Account.
  15. Shipper’s Account – a set of permissions and resources assigned to the Shipper on the Platform as a result of registration.
  16. Carrier’s Account – a set of rights and resources assigned to the Carrier on the Platform as a result of registration.   
  17. Driver’s Account – an account of a natural person created on behalf of the Carrier and on its behalf, assigned to the Carrier’s Account. The Driver’s Account contains information about the Driver’s Vehicle. 
  18. Platform – a set of IT solutions used to optimise logistics, forwarding, sales and purchasing processes. The Platform is delivered in the (SaaS / PaaS) model by launching and registering on Amazon Web Services servers and making the Platform available online for Users. The Platform for the Shipper and the Carrier is available at https://prilo.com/, and for Drivers via the Mobile Application.   
  19. Privacy Policy – it ought to be understood as a document stating the purposes and methods of processing Personal Data by ADAMPOL SA using the Platform, which is complementary to the Regulations and supplements it.
  20. Regulations – it ought to be understood as this document.
  21. Dangerous Goods – these are dangerous goods that cannot be included in the Transport Order. The list of Dangerous Goods is included in the Annex to these Regulations.
  22. Contract – it ought to be understood as a contract concluded by the parties, the subject of which includes the provision by the Service Provider to the User of the Services specified in these Regulations and as part of the functionalities offered from the level of a given Account. The Contract is concluded by registering by the User via the Platform, accepting the provisions of the Regulations and the Privacy Policy and confirming this registration by the Service Provider.
  23. Service – means a service provided electronically by the Service Provider to the User on the terms set out in these Regulations. Depending on the type of Service and the rights assigned to individual Accounts, the provision of the Services may be paid or free of charge. Information about the payment is provided each time before its occurrence. The Service Provider charges the Fee on the Transport Orders concluded by the Users. Each time information about the amount of the Fee will be displayed on the Platform
  24. Service Recipient – it ought to be understood as a natural person who does not have the status of a consumer within the meaning of Art. 221 of the Act of 23 April 1964 Civil Code (consolidated text, Journal of Laws of 2020, item 1740), a legal person or an organisational unit without legal personality, which the law grants legal capacity, conducting business activity on his/her own behalf – using the Platform by using the Account. The Service Recipient uses the Platform to improve its logistic and forwarding processes.
  25. Service Provider – ADAMPOL Spółka Akcyjna, ul. Usługowa 3, 15-521 Zaścianki near Białystok, KRS number: 0000056707; NIP: 542-000-01-62; REGON: 002347759    
  26. User – the Shipper, Driver or Carrier registered on the Platform using the Platform as part of its Account.
  27. VIES – VAT Information Exchange System, which is an electronic means of transmitting information related to VAT registration of companies registered in the European Union.
  28. Transport Order – a contract for the carriage of goods, containing the necessary information on the Load, i.e., type of goods, quantity and weight of goods, place of loading and unloading, conditions of transport. The Transport Order is prepared by the Shipper.

II. GENERAL PROVISIONS

  1. These Regulations define the terms and conditions for the provision of services by ADAMPOL SA, the owner of the PRILO trademark, provided via the Platform, and the terms of the complaint procedure.
  2. These Regulations are made available to Users on the Platform free of charge. These Regulations have been made available in a form that allows Users to obtain, reproduce and record its content using the ICT system used by the User. These regulations are available for download at: http://prilo.com/regulamin-pdf .
  3. The full functionality of the Platform is made available subject to registration on the Platform, reading and acceptance of the content of these Regulations, End User Licence Terms and the Privacy Policy.
  4. Any information about the Services provided on the Platform does not constitute an offer within the meaning of Art. 66 of the Act of 23 April 1964 Civil Code (consolidated text, Journal of Laws of 2020, item 1740, as amended). In the case of paid Services, the Service Provider will each time provide their price and available payment methods.  
  5. By concluding the Contract, the User also declares that the use of the Platform is of a professional nature for it, resulting from the subject of its business activity, and in its case, the provisions on granting entrepreneurs consumer rights do not apply. The Service Provider reserves the right to permanently suspend access to the Platform if the User becomes aware that the User has the status of a consumer.
  6. If the User is in arrears with the Fee, the Service Provider may withhold the provision of the Service until the payment is made. The Service Provider may also set an additional deadline for making the Fee and terminate the Contract upon its expiry. The declaration of termination of the Contract will be sent to the User in a documentary form.
  7. The right to withdraw from the Contract is not attributable to the User if the performance began with the User’s express consent before the deadline to withdraw from the Contract and after the Service Provider informed it about the loss of the right to withdraw from the Contract.
  1. In relation to entrepreneurs, the liability under the warranty for defects specified in Art. 556 – Art. 576 of the Act of 23 April 1964 Civil Code (consolidated text, Journal of Laws of 2020, item 1740) is excluded.  

III. GENERAL CHARACTERISTICS OF THE PLATFORM

  1. The Platform is an online (Saas/PaaS) service through which the Service Provider provides the Users with Services consisting in making available electronically in whole or in part the Platform’s resources consisting in, inter alia, enabling the User, within the framework of its Account, to establish and maintain contact with other Users, creating Transport Orders, assessing the effectiveness of the transport process and executing transport orders, as well as tracking the route of transport, monitoring Vehicles, contacting the Driver.   
  2. The Platform is provided to the User “as it is”, and, consequently, the Service Provider does not guarantee that the User’s expectations will be met in connection with the use of the Platform. It is in the User’s interest to familiarise itself with the functionalities and the price list of the Platform.
  3. The Platform may be used by the Service Recipient only to support its enterprise. Support for more than one enterprise requires the creation of an additional Customer Account.
  4. The Service Provider is entitled to freely shape the Platform’s pricing and discount policy.
  5. The Service Provider reserves the right to:

a)   Changes to the functionality of the Platform at any time, both by expanding it with new functions and changing the existing functionality;

b)   Changes in the scope of the Services provided as well as adding and removing the Services;

c)   Changes to the functional areas by adding or removing functional areas;

d)   Changes in the commercial names of the Platform and the names of individual services and functionalities.

  1. The Service Provider reserves the right to transfer the ownership of the Platform, including the rights and obligations arising from these Regulations, to a third party, upon prior notification to the User, to which the User agrees.
  2. The Platform provides the possibility to create the following types of Accounts:
  3. The Shipper’s Account, which allows to create and publish Transport Orders, negotiate, modify and cancel Transport Orders, determine and view the transport route, post comments under the Transport Order, contact (chat). The Account also allows the payment of Fees to the Service Provider.
  1. The Carrier’s Account, which enables searching for Transport Orders, submitting, negotiating, modifying and cancelling Transport Orders offers, posting comments under Transport Orders, correspondence with the Shipper or Driver (chat), notification of transport, management and monitoring of Drivers and Vehicles, transport management, sending transport documents and other complementary services necessary to perform the transport service as a carrier. The Account also enables the payment of Fees to the Service Provider.
  2. The Driver’s Account, which is linked to the Carrier’s Account. The Driver Account allows you to view the place of loading and delivery, confirm Vehicle data, add documents regarding transport, Driver or Vehicle, and confirm loading and unloading. Access to the Driver’s Account takes place via a dedicated Mobile Application.

IV.  PROVISION OF ELECTRONIC SERVICES 

  1. The use of the Services is voluntary and available 24 hours a day, 7 days a week, subject to the provisions given below.
  2. The Service Provider reserves the right to temporarily make the Platform unavailable to the User to ensure the safety and stability of the provision of Services for repairs, maintenance, necessary adaptations, updates, changes and other similar activities. The Service Provider will make every effort to ensure that the planned technical breaks related to the break in the functioning of the Platform take place between 6.00 p.m. and 7.00 a.m. the next day (UTC + 01: 00).
  3. Any interruptions or limitations in the provision of Services via the Platform, described in point IV section 2 of the Regulations, are considered compliant and acceptable under the Contract and may not give rise to any liability of the Service Provider towards the User.
  4. The Contract for the provision of electronic services consisting in keeping the Account is concluded for an indefinite period.
  5. The Contract for the provision of electronic services consisting in making the communication process available via chat and the multimedia transmission form is of a one-off nature and expires when individual activities are performed. 
  6. The Service Provider reserves the right to temporarily or permanently suspend the provision of individual Services.
  7. Reading and accepting these Regulations and the Privacy Policy is a condition for concluding a Contract for the provision of electronic services. Acceptance of the Regulations and the Privacy Policy should be confirmed by checking the appropriate check-box placed in the process of concluding contracts for the provision of Services.
  8. To create an Account, the User must register via the registration form available on the Platform. To register the Account, it may be necessary to provide contact details, identification data, company data and e-mail address. Depending on the type of Account and the registration method, the Service Provider may ask for a different set of required data. Failure to provide the required data may result in the inability to perform the Services. After approving the registration form, the User is informed about the creation of the Account to the e-mail address provided by it (the moment of creating the Account). This moment is the conclusion of a Contract for the provision of electronic services consisting in maintaining an Account. The full functionality of the Platform is available only to Users who have an Account.
  9. For Users with whom a Contract for the provision of electronic services has been concluded, consisting in maintaining an Account, the Service Provider may sell Services under various campaigns, including campaigns limited in time and quantity. The terms of sale of the Services are provided individually for each campaign and for each Account to which the payment of the Services applies.
  10. The Service Provider provides a chat and a multimedia transfer form on the Platform. The User may use the contact form to contact other Users. The Service Provider also provides the possibility of sending multimedia between Users (including shipping documents, CMR, loading lists, licences, insurance, damage reports, photos of the Cargo) in .doc, .pdf, .jpeg formats. Using the contact form requires basic contact details and an e-mail address. After sending the first message via chat, an electronic service contract is concluded, consisting in enabling the communication process via chat.    
  11. The maximum size of files transferred between Users via the Platform is 200 MB. The storage period for files on the Platform is a maximum of 13 months. Then, these files are permanently deleted from the Platform. This period may be shortened or extended depending on the type of Account held by the User or additional functionalities selected by the User. 
  12. The Service Provider may provide a form intended to express an opinion about the Platform. The User voluntarily fills in the form for posting an opinion on the content of an individual and subjective opinion about the Platform. By posting an opinion, the User distributes its content voluntarily and bears all the consequences of such sharing. The posted content does not express the views of the Service Provider and should not be equated with its activities. The Service Provider is not a content provider, but only an entity that provides appropriate ICT resources for this purpose. The contract for the provision of electronic services consisting in enabling the posting of opinions is concluded when the User approves the content entered in the form for posting an opinion.
  1. The Service Provider will make every effort to ensure that the use of the Platform is possible with the use of all popular web browsers, operating systems (including mobile) and regardless of the Internet connection method. 
  2. To create an Account and to use other services provided electronically by the Service Provider, the User must have an active e-mail account.
  3. Users are prohibited from providing illegal content to the Platform. The Service Provider may terminate the Contract for the provision of electronic services with immediate effect if the User provides unlawful content or content that violates decency or the provisions of these Regulations.
  4. The Service Provider takes actions necessary for the proper and fully correct operation of the Platform to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by Users. The User may submit complaints related to the provision of electronic services by sending an e-mail to the e-mail address support@prilo.com . The Service Provider will respond to the complaint immediately, no later than within 14 days. The response to the complaint is sent to the e-mail address provided by the User. 
  5. Complaints arising from non-performance or improper performance of payment services should be directed to the appropriate payment intermediary directly to the e-mail address, using the contact form or by telephone – in accordance with the regulations for the provision of electronic payment services of a given payment intermediary.

V.  CONCLUDING A TRANSPORT ORDER BETWEEN USERS 

  1. The Service Provider provides a number of Platform functionalities that enable the conclusion of a Transport Order between Users.
  2. The Carrier or the Shipper, using the resources of the Platform, publishes Offers for the carriage of the Load together with information on the type of the Load, financial conditions of transport, place of loading and unloading and the dates of transport.
  3. The Users, via the chat available on the Platform, determine the final terms and conditions. After mutual acceptance of the terms of the Offer and establishing the commercial terms, a Transport Order is concluded between the Shipper and the Carrier. On the date of concluding the Transport Order, the Shipper and the Carrier are obliged to pay the Fees in accordance with the provisions of section VIII of these Regulations.
  4. In order to perform a Transport Order, the Carriers indicate the Driver performing the Transport Order. 
  5. The Service Provider who is the owner of the Platform is not a party to the Transport Order concluded via the Platform. The Service Provider is also not an intermediary in this type of relationship.
  6. It is not allowed to enter into Transport Orders for Dangerous Goods. Upon becoming aware of the conclusion of a Transport Order for Dangerous Goods, the Service Provider may permanently or temporarily block the User’s access to the Platform.
  7. By entering into a Transport Order, Users confirm the truthfulness, correctness and completeness of the documentation provided by them and all data provided. 
  8. The Service Provider does not verify the truthfulness, correctness, up-to-date and completeness of data (including taxpayer’s tax identification data) or documentation provided by Users, in particular regarding tax data provided by Users, and shall not be liable for any consequences resulting from deficiencies, inaccuracies of such data or documentation. 

VI. USER’S RESPONSIBILITY FOR THE USE OF THE PLATFORM 

  1. The Service Provider reserves the right to control and authorise the content posted on the Platform, including correspondence via forms and chat created by Users, in order to ensure the safety of using the Platform and prevent violations of the law. 
  2. The Service Provider is entitled to permanently or temporarily block the User’s access to services provided electronically if the User acts to the detriment of the Service Provider or other Users, violates the Service Provider’s good name, violates the good image of the Service Provider’s brand, violates the law or the provisions of the Regulations, and also when blocking access to services provided electronically is justified for security reasons.
  3. In the event that the Service Provider, User or another third party considers that the content published on the Platform violates their rights, decency, personal rights, morality, beliefs, feelings, rules of fair competition, know-how, trade secrets, the Service Provider shall take immediate steps to in order to remove the infringing content from the Platform, and is also entitled to temporarily or permanently block access to services provided electronically, and if it is justified by circumstances – notify the relevant law enforcement authorities.

The User undertakes:

  •  not to use or share its Account with other Users
  • not to make its Account available to third parties, 
  • not to issue orders or accept orders for entities other than the User with whose Account it is registered,
  • not to request an invoice or a pro-forma invoice by the Service Provider to an entity other than the User, 
  • not to delete documents and data included in the Account unless they are immediately replaced with other relevant data.
  1. The User undertakes to act in accordance with the law by offering its services via the Platform, in particular, to comply with the provisions of CMR (Convention on the Contract for the International Carriage of Goods by Road (Journal of Laws 1962.49.238).

VII. RULES OF ACCESS TO THE PLATFORM

  1. The condition for the User’s use of the Platform is the acceptance of the provisions of the Regulations, the Privacy Policy, registration of the Account on the Platform and confirmation of this registration by the Service Provider. The terms of payment of the Fees are specified in the “Price List and Payments” tab.
  2. When registering an Account, the User enters its login and password and is known only to it. The User is obliged to ensure that its login and password remain confidential, and in particular, may not disclose them to unauthorised persons. The Service Provider reserves that the public nature of the Internet and the use of the Services may entail the risk of obtaining and modifying Users’ data by unauthorised persons. Therefore, Users should use appropriate technical measures to minimise the above-mentioned threats, in particular, should use anti-virus programs and programs protecting the identity of users of Internet network. The Service Provider never asks the User to provide it with an access password in any form.
  3. When registering an Account, the following details are required:

a)    Company identification data (only when registering the first User within the Company);

b)    User’s personal data;

c)     Electronic Address;

d)    Telephone number;

e)    NIP number or other tax identification number.

  1. The data entered into the registration form during Account registration apply to the User ordering the Service.
  1. The Service Provider informs, and the Service Recipient acknowledges and agrees to be verified in the VIES application in the course of using the Services. The said verification is not tantamount to confirming the correctness of the data by PRILO.
  2. When registering an Account, a confirmation of the Account registration on the Platform will be sent to the e-mail address provided in the registration application, with a request to enter data and complete the Account registration.
  3. The User has the right to correct the following data: telephone number and data entered into Driver Accounts in the registration form during Account registration. To change the information entered in the registration form during Account registration, the User should log in to the Platform and change the data in the Account settings. To change other Account data, the User must contact the Customer Service Office. (http://prilo.com/biuro-obslugi-klienta). It is not allowed to change the User’s country of origin and tax identification number. 
  4. The Service Provider may at any time make the authorisation of the Account or further use of the entire Services by the User dependent on the presentation of officially certified documents or re-authorisation process (re-authorisation).
  5. The User is obliged to inform the Service Provider about any restructuring, liquidation or bankruptcy proceedings pending against it. 
  6. The User may have only one Account under which it can act as both the Shipper and the Carrier.
  7. The moment of concluding the Contract for the provision of Services between the User and the Service Provider is the moment of the effective registration of the Account.  

VIII.  PRICE LIST AND PAYMENTS

  1. Users make payments on the basis of a commission based on the value of Transport Orders. The Shipper and the Carrier, in the event of the successful conclusion of a Transport Order using the Platform, are obliged to pay the Service Recipient the commission specified in the price list or the offer presented to the User. The Service Recipient confirms that it understands the above obligation and the resulting obligation. The Fee is a net value and is increased by the appropriate VAT in the amount applicable on the date of issuing the invoice. 
  1. The Fee will be paid each time the Transport Order is concluded. The Fee will be automatically calculated on the basis of the Transport Order data. Upon the conclusion of the Transport Order, the Service Provider is entitled to demand payment for the Service and to issue a VAT invoice for the Shipper or the Carrier for the value of the Fee plus VAT.   
  2. VAT invoices and corrective invoices will be issued in electronic form and displayed in the appropriate tab under the Account as well as sent by e-mail to the User’s e-mail address. The invoice is payable on the date indicated therein.
  3. The Service Provider may provide the following payment methods:
    1. traditional transfer to the Account of the Service Provider; 
    2. electronic payments with the use of payment intermediaries.
  4. The Service Provider reserves that the above-mentioned forms of payment may be modified, periodically disabled or exchanged for others.
  1. Complaints arising from non-performance or improper performance of payment services should be directed to the appropriate payment intermediary directly to the e-mail address, using the contact form or by telephone – in accordance with the regulations for the provision of electronic payment services of a given settlement agent.
  2. The Service Provider is entitled to freely shape the pricing and rebate policy on the Platform, including, in particular, the right to grant individual discounts and rebates to Users.
  3. The current price list of the Platform, as well as the methods and forms of payment, are available at http://prilo.com/opłaty-i-cennik .

IX.  SERVICE PROVIDER’S LIABILITY

  1. The Service Provider is not responsible for the truthfulness, correctness, up-to-date and completeness of the documents, data (including taxpayer’s tax identification data), and statements and information provided by Users made available on the Platform.       
  2. The Service Provider is not responsible for data and files stored by Users, including their loss in particular. Users are required to have backup copies of data and files transferred to the Platform.
  3. The Service Provider is not responsible for cancelled loads, failure to finalise the contract by Users, for non-performance or improper performance of the transport contract, in particular for damages and lost benefits on the part of Users, including those caused by the lack of a suitable vehicle on the Carrier’s side, offering a vehicle that does not meet the requirements for the carriage of the Load, defective marking of the cargo being the subject of transport.
  1. The Service Provider is not responsible for failure to meet the delivery and loading dates announced on the Platform, as well as for damage caused by Carriers or Shippers.
  2. The Service Provider who owns the Platform is not a party to the legal relationship concluded via the Platform between Users or an intermediary in such relationships. Thus, the Service Provider does not guarantee the possibility of concluding and performing services by Users. Through the Platform, only Users are allowed to contact other Users in order to create an economic relationship by providing appropriate technical conditions and tools for this purpose.

X.  END-USER LICENCE

  1. Before using the Platform, please read the terms of this End User Licence carefully (hereinafter referred to as: the Licence).  
  2. The Licence specifies the general terms of use of the Platform and related improvements, updates and other additional services related to its functioning, provided currently and in the future by ADAMPOL Spółka Akcyjna, based in Zaścianki (at ul. Usługowa 3, 15-521 Zaścianki near Białystok), entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0000056707, NIP: 542-000-01-62; REGON: 002347759 (hereinafter: Service Provider) as well as any of its subsidiaries or related companies.  
  3. The Licensee declares that it has accepted the terms of these regulations and that the use of the above-mentioned Platform is of a professional nature for it, resulting from the subject of its economic activity and thus the provisions on granting certain categories of entrepreneurs’ consumer rights do not apply to it. 
  4.  The use of the Platform and related improvements, updates and other additional services related to its functioning provided currently and in the future by the Service Provider is tantamount to the Licensee reading the terms of this Contract, understanding and accepting the terms and conditions set out in it, and a commitment to comply with them.  
  5. This Licence has been prepared in the English language version. Translations of this Contract into other languages ​​are available at: www.prilo.com In the event of any discrepancy between the language versions, the English version shall prevail.
  6. The Service Provider hereby grants the Platform users (hereinafter referred to as the Licensee) a non-exclusive, territorially unlimited and non-transferable Licence to use the Platform on the terms described in this End User Licence Contract.
  7. The granted Licence is free of charge.
  8. The Licence is granted for an indefinite period. 
  9. The Service Provider represents and warrants that:

a)    it holds all proprietary copyrights to the Platform; 

b)    proprietary copyrights to the Platform are not encumbered with the rights or claims of third parties that could affect the scope of the Licence granted or the ability to use the Platform;

c)     to use the Platform under the terms of this Licence, it is not necessary to obtain any additional approvals, licences or permits from any third party;

d)    using the Platform will not violate any rights of third parties and will not require any fees to be paid to third parties,

e)    it has not transferred its proprietary copyrights to the Platform to a third party or has not granted an exclusive licence to the Platform;

f)      persons entitled by virtue of moral copyrights to the Platform will not exercise these rights in relation to the Licensee.

  1. As part of the Licence obtained, the Licensee is entitled to use the Platform in the scope of its business activity. In connection with the above, the Licence is granted in the following fields of use:

a)    use of the Platform, in particular, its display and application;

b)    launching and using the Platform on electronic equipment, in particular on mobile devices, portable computers, desktop computers, (virtual machines) and other similar devices;

c)     permanent or temporary multiplication of the Platform in whole or in part by any means and in any form, to the extent that, in order to display, use and store the User’s data from the Platform, it is necessary to multiply it;

d)    duplicating the Platform, i.e., installing it on the operating equipment disk, making a backup (archival).

  1. This Licence also covers the Platform updates made available by the Service Provider during the term of the Contract.
  2.    The Licensee acquires the right to use the Platform in the fields of use specified in section 10 letters a – d upon acceptance of the terms of this Licence.
  3. Without the prior consent of the Service Provider, the Licensee is not entitled to: 

a)    disseminate the Platform, in particular by renting or lending it;

b)    grant further sublicences; 

c)     use the Platform for commercial purposes other than those related to the improvement of logistic and forwarding processes as part of the conducted economic activity;

d)    decompile, disassemble and subject the Program to any modifications and activities aimed at recreating the source code of the Platform;

e)    create studies and extensions derived from the Platform by translating, adapting, changing the layout and making any other changes to the Program; 

f)      remove, change, exclude or circumvent copyrights and trademarks or other information about the authors and origin of the Platform, or labels located inside the Platform.

  1. The Licensee is obliged to use the Platform in accordance with the terms expressed in this Licence and the Platform Regulations, and in a manner consistent with the purpose and functionalities of the Platform and generally applicable provisions of law.
  2. It is forbidden to use viruses, worms, Trojan horses and other codes and instructions in relation to the Platform, the purpose of which is to distort, delete, damage or disassemble the Platform.
  3. The Contract concluded individually between the Service Provider and the Licensee may define individual terms of the Licence differently.
  4. Upon termination of the Licence, the Licensee is obliged to remove all backup copies made.
  5. During the term of the Licence, the Service Provider reserves the right to update (hereinafter referred to as: Updates) of the Platform without informing the Licensee and obtaining its consent. 
  6. The updates referred to in section 18, are intended to improve, modernise and ensure the development of the Platform. The Service Provider reserves that the Updates introduced may take various forms, in particular, such as: programs correcting defects, improved or new functions of the Platform, or completely new versions of the Platform.
  7. The Service Provider may update and modify the Platform at any time and at its sole discretion without having to determine the reason for the Update.
  8. The Licensee agrees that, where possible, all or part of the Platform Updates introduced will be installed automatically without any action on the part of the Licensee.
  9. If it is not possible to automatically perform an Update in a given case, the Licensee undertakes to install the Update.
  10. Each additional or new Platform components provided as part of the Updates referred to in section 18, constitute an integral part of the Platform and are subject to the provisions of this License.

Infringement of the Licensee’s rights 

  1. If the Licensee becomes aware of any information regarding the infringement of the Service Provider’s copyrights to the Platform by third parties, the Licensee is obliged to immediately notify the Service Provider of such infringement cases.  

Technical requirements

  1. Using the Platform requires a device with Internet access. Preferred technical requirements for proper use of the Program: 

Microsoft Edge v.89 and later 
Firefox v. 87 and later 
Chrome v. 88 and later 
Required screen resolution: min. 1366×768 
Mobile application: 
Android v.10 and later
iOS v.14 and later  

  1. The system is prepared for the operation of mobile devices that meet the following criteria:

Minimal:

  • RAM: 1GB 
  • Screen resolution: 360 x 640
  • GPU: Any unit that supports OpenGL ES 3.0 

Recommended:

  • RAM memory: 3 GB
  • Screen resolution: 360 x 640
  • GPU: Adreno 4xx, Mali T7x G7x

Responsibility 

  1.  The Platform is a tool designed to improve logistics and forwarding processes as part of business activities. However, it is not a substitute for professional judgment or independent business procedures. It only enables contact with interested persons, providing appropriate technical conditions and tools for this purpose. The Licensee is therefore solely responsible for any results obtained from using the Platform.
  2.  The Licensee bears the risk arising from the use of the Platform and bears full responsibility for the results of its activities.
  3. The Service Provider is not responsible for the defects and faults of the Platform as well as the data processed by the Licensee with their use and the consequences of their processing. The parties hereby exclude the Service Provider’s liability under the warranty.
  4.   The Service Provider does not guarantee that the functioning of the Platform will be free of any disruptions, delays or errors, or other types of difficulties in communication between the Platform’s users. At the same time, the Service Provider indicates that the use of the Platform depends on many factors, such as: local network and network settings, firewall, Internet service provider, public Internet or power supply, which may cause errors, disruptions or difficulties in the proper functioning of the Platform, and the Service Provider does not bear responsibility in the event of such obstacles. The Service Provider is not responsible for any disruptions, interruptions or delays caused by a failure or defect of any of these or other items beyond its control.
  5.    To the extent permitted by generally applicable law, the Service Provider shall not be liable for any damage suffered by the Licensee or third parties as a result of using the Platform or the inability to use the Platform on the terms specified in the Contract.
  6.  The Service Provider shall not be liable for damages suffered by the Licensee or third parties resulting from the violation of the terms of this License, in particular as a result of unauthorised (without obtaining a License) or incorrect (improper) use of the Platform.
  7.   The Service Provider shall not be liable for damages resulting from the use, improper use or inability to use the Platform, as well as for damages resulting from the loss or distortion of data, damages resulting from the dissemination of harmful applications using the Platform or blocking the use of other software.
  8.  In the event of a third-party claim against the Service Provider related to the use of the Platform by the Licensee or the initiation of proceedings against the Service Provider in this regard, the Licensee will be obliged to directly join the dispute on the part of the defendant, release the Service Provider from any claims, satisfy all recognised or legally adjudicated claims of the claimant, to cover all procedural costs or costs of amicable settlement of the dispute, as well as cover the costs of legal services incurred and documented by the Service Provider related to the dispute, as well as take all possible steps to restore the legal status. 
  9. The Licensee accepts the Platform in the state in which it was made available to it, without any express or implied guarantee, unless the provisions of the law do not prohibit this.   
  10. In the event that any provision of this Contract is inconsistent with the Licensee’s statutory consumer rights, this provision may not be interpreted in a manner that infringes these rights.  

Termination of Contract

  1.  This Contract becomes effective on the date the Licensee accepts the terms and conditions of this Contract. The Licensee may terminate this Contract at any time by permanently ceasing to use the Platform.   
  2.  In the event of a gross violation by the Licensee of the provisions of this License, the Service Provider has the right to terminate the Licence with immediate effect, without prior notice sent to the Licensee to cease the violations. 
  3.   In the event of termination of the Licence due to a gross violation of the provisions of the Licence, the Licensee is obliged to immediately cease using the Platform, delete the Account and delete all the Platform backups saved in the computer memory.

Final Provisions

  1.  In the event that any provision of this Licence is deemed invalid or ineffective by operation of law or a valid ruling of any administrative body or common court, the remaining provisions of the Licence shall remain in force.
  2.  The provisions of Polish law apply to this Licence. In matters not covered by this Licence, the provisions of the Polish Civil Code and the Act on Copyright and Related Rights shall apply.
  3. The parties undertake to endeavour to resolve any disputes arising from this Licence in an amicable manner. In the event of disagreement, the court competent to resolve any disputes arising from this Licence will be the common court competent for the seat of the Service Provider.
  4.  The terms and scope of the Licence granted may be subject to change or modification, particularly in the event of the need to adapt this Licence to the currently applicable law. The Service Provider has the right to introduce changes and modifications referred to in the first sentence without prior notification to the Licensees of their intention to introduce them. The Licensee is obliged to read the current version of the Licence.  
  5. Using the Platform in a manner inconsistent with the terms and conditions set out in this Licence may result in prosecution of the Licensee or third parties under the provisions of the Copyright and Related Rights Act. 
  6.  The Licensee is not entitled to assign any rights under this Licence. 

XI.  PERSONAL DATA

  1. Users’ personal data are processed by the Service Provider to the extent necessary to provide the Services.
  2. The Service Provider protects Users’ personal data against their acquisition and modification by unauthorised persons by processing personal data.  
  3. Detailed regulations regarding the Privacy Policy are available on the Platform.

XII.  FINAL PROVISIONS

  1. The contracts are concluded in accordance with Polish law and in English.
  2. The regulations were drawn up in English and then translated into other languages. In the event of discrepancies between the language versions of the Regulations, the English language version shall prevail.
  3. Any disputes arising between the Service Provider and the User will be first resolved amicably through mutual negotiations. In the absence of mutual agreement on disputes, the matter will be settled by the court competent for the seat of the Service Provider.
  4. The Service Provider informs the User about the possibility of using out-of-court dispute resolution methods. 
  5. The graphics, photos, content and descriptions presented on the Platform are the property of the Service Provider and may not be modified, copied and distributed without the consent of the Service Provider.
  6. These Regulations constitute version 1.0 and apply from 1 January 2022. The Service Provider reserves the right to amend the provisions of these Regulations, while committing itself to publish a uniform text of the Regulations on the Platform, indicating the effective date of the amendments. Amendments to the Regulations apply to both the Service Provider and the User from the moment of publishing the changes on the Platform. Amendments to the Regulations will not in any way infringe the rights of Users using the Platform before the effective date of the amendments.  
  7. The wording and descriptions used to define the individual functionalities of the Platform used in these Regulations, including the names and descriptions of buttons, pictograms and icons, may be changed to equivalent. Such a change does not constitute a change to these Regulations.
  8. In the event of a conflict of the provisions of these Regulations with the provisions of other documents provided by the Service Provider, the provisions of these Regulations shall prevail unless the document expressly states otherwise.
  9. The content of these Regulations is available on the Platform and is available to all Users. The Regulations can be recorded, acquired and reproduced at any time by printing and saving it on a suitable medium or downloading it in PDF format and saving it in the computer memory from the website.

LIST OF DANGEROUS GOODS 

  1. Weapons and parts for weapons.
  2. Money and financial documents.  
  3. Drugs and medicines. All prescription medicines and drugs, including cocaine, heroin, LSD, marijuana, opium, isoamyl nitrite, Kath’s leaves, Edulis plant and seeds, morphine, psychotronic substances.
  4. Forged or counterfeit currency. It also includes counterfeit stamps.  
  5. Highly explosive materials. They include, but are not limited to, fireworks, flares (signal rockets), detonators and party poppers.  
  6. High-value items. They include antiques, items made largely of gold or silver or other valuable metals, collectors’ items, diamonds and other precious stones.
  7. Items not subject to insurance. 
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