in effect since 29.06.2021 until 31.07.2021
Table of Contents:
Article 1. Definitions
SHIPMENT TRACKING - a function enabling the tracking by the Customer of the Shipment location shared by the Transport Provider, as determined by the location of the mobile device, shared by the Transport Provider using the Mobile Application.
PROFILE PAGE – An individual page assigned to the User’s Account, presenting such details as feedback, statistics, data and materials posted by the User.
QUICK DEAL - the procedure of concluding, without application of the Quoting Mode, a Contract between the Customer and the Transport Provider under which the Transport Provider responds to the Customer's Listing, which is an offer, within the meaning of Article 66(1) of the Polish Civil Code, to entrust the performance of a Transportation Service, according to the rules set out in these Terms and Conditions.
Article 2. Services offered by IQSC through Clicktrans
1. Services offered by Clicktrans are regulated by these Terms and Conditions.
2. IQSC offers the following services through Clicktrans:
a. free access to information posted at Clicktrans, including access to Listings,
b. free account operation,
c. free Listing posting and display by the Customer,
d. paid posting and display of Promoted Listing by the Customer,
e. free quoting for Transportation Service by the Transport Provider,
f. sharing an interactive form enabling the Customer to add Listings,
g. sharing an interactive form enabling the Transport Providers to provide Quotes,
h. providing platform for entering into a Contract constituting a basis for charging the Transport Provider with a Success Fee (if the Contract was concluded),
i. sharing feedback and evaluations,
j. verification of licenses, insurance, and certificates owned by the Transport Provider,
k. sharing Clicktrans widgets.
3. The Contract for:
a. service understood as granting free access to information posted at Clicktrans, including access to Listings, shall be concluded for a fixed term and shall be terminated once the User closes the account at Clicktrans,
b. service understood as granting free account at Clicktrans, shall be concluded for a fixed term and shall be terminated once the User requests closing the account at Clicktrans or the User’s account is closed pursuant to Article 15,
c. service understood as posting and display of Listings, shall be concluded for a fixed term and shall be terminated once the Customer chooses the Quote or the Listing is removed pursuant to Article 5,
d. service understood as posting and display of Promoted Listings shall be concluded for a fixed term indicated in the Listing and shall be terminated once it expires,
e. service understood as free quoting for Transportation Service by the Transport Provider, shall be concluded for a fixed term and shall be terminated once Quoting Mode is completed or withdrawn pursuant to Article 6,
f. service understood as sharing an interactive form enabling the Customer to add Listings, shall be concluded for a fixed term and shall be terminated when the Listing is posted pursuant to Article 5,
g. service understood as sharing an interactive form enabling the Transport Provider to provide Quotes, shall be concluded for a fixed term and shall be terminated once the data is provided pursuant to Article 6,
h. service understood as providing platform for entering into a Contract shall be concluded for a fixed term and shall be terminated once Success Fee is paid by the Transport Provider,
i. service understood as sharing feedback and evaluations, shall be concluded for a fixed term and shall be terminated once feedback and evaluations are added,
j. service understood as verification of licenses, insurance, certificates owned by the Transport Provider, shall be concluded for a fixed term and shall be terminated upon confirmation or rejection of the above mentioned documents by IQSC.
4. Clicktrans Users might use other services offered by IQSC Partners. These services shall be provided according to regulations of IQSC Partners.
5. The User being a Consumer, is entitled to withdraw from a Contract for any service specified in section 3 by providing a proper statement to a Supplier, without any justification or upon closing the Account, and within 14 days of entering into the Contract, as well as by removing an Account. The statement template shall be found in Appendix 6.
6. The Supplier shall send a confirmation of receiving the statement to Consumer’s email address.
Article 3. Registration
1. Clicktrans shall be used only if the following requirements are met simultaneously:
a. successful Registration of the User, subject to section 8,
b. acceptance of Terms and Conditions,
c. acceptance of the clause on consent to process personal details
2. An individual shall provide the following details for the purpose of Registration in a web form at Clicktrans: name and last name, e-mail address, phone number, username and password.
3. Individuals using Clicktrans for the purposes of business activity are obliged to provide the name and the address of the company, Tax ID. No and Business ID. No.
4. Registration of legal entity or of an organisational unit with no legal personality at Clicktrans, shall only be completed by an authorised and operating representative, entitled to conduct all activities related with Registration and to execute all rights and obligations of the User. In order to complete the Registration, the representative shall complete the registration form and provide: their name and last name, position, e-mail address, phone number, full and abbreviated subject name, the subject’s office address, Tax ID. No. [NIP] and Business ID. No. [REGON] of the subject. The representative shall provide a username and password for the subject.
5. The User might post personal information on their “Profile Page” upon Registration and at any time later. This information should not aim at skipping the agency of IQSC in concluding the Contract between Clicktrans Users. The “Profile Page” content shall be displayed to all visitors who browse at Clicktrans.
6. By completing Registration, the User declares and confirms to have read and accepted these Terms and Conditions, to use the Account and related services voluntarily, and confirms that the details provided in the web form are true and correct and do not infringe third party’s rights.
7. Upon Registration, the User might agree to receive commercial and marketing information to their phone number or e-mail address. The User might withdraw their consent and unsubscribe at any time. The manner of unsubscribing shall be described in each message.
8. After completing activities specified in points 3.1 – 3.4 and 3.6, a confirmation request will be send to the provided e-mail address. Once the Registration is complete, the User shall be able use their Account and Services offered by Clicktrans.
9. IQSC might verify the accuracy of the details provided by the Transport Provider in the registration form. All Entrepreneurs who run a company at least for a period of 3 months since Registration and whose business activity was not suspended, shall be verified by:
a. a request to provide a copy of documents confirming the information provided in the Registration form, and
b. a verification payment for the amount of 1 EUR. This amount can be used by Transport Provider to cover his future fees. It can also be reimbursed upon a written request from the Transport Provider, sent via e-mail at email@example.com.
10. Shall the verification process not succeed, IQSC is entitled to either refuse to conclude the Contract for electronic Services with the User or terminate the Contract.
11. Until Account verification succeeds, as stipulated in point 3.9, the Account shall not be fully active. During the verification process, the User:
a. shall be able to log in and gain full access to “My account”,
b. is not entitled to use Clicktrans actively, namely, to post Listings, provide Quotes, use communication channel, and feedback and evaluations system.
12. The Contract for rendering electronic services between IQSC and the User shall be concluded upon Registration, for an indefinite time.
13. Upon successful Registration, IQSC shall create an Account for User, assigned to the name provided in the registration form. The Account shall include all details provide by the User in the registration form. If any details are changed, the User is obliged to update them immediately using the form available at Clicktrans. The User shall not be able to edit the Username provided upon Registration.
14. The User shall provide complete, true and correct personal details.
15. The User may only have one Account.
16. IQSC enables an integration of the Account with Facebook. This integration is not necessary to be able to use Clicktrans Services.
17. The User shall be able to integrate their Account with Facebook and remove the integration at any time.
Article 4. Deliveries
1. The Customer undertakes not to publish the Listings about the goods which transport is prohibited by the law and other goods that could be regarded as violating good customs. The prohibited goods include: hazardous substances/materials and items which do not pose a threat to life or health, but their transport is prohibited by the law.
2. Hazardous substances/materials, whose transport is not prohibited by law, might be transported at Clicktrans. However, the description of the items shall be detailed, include all information on the risk related with their transport, and the recommended manner of transportation. The hazardous substance/material shall be transported in conditions agreed by both the Customer and the Transport Provider.
3. In the case of pet transportation, both the Customer and the Transport Provider shall comply with all applicable laws. Both Parties shall be held liable for the pet transportation in a manner that would cause no harm or unnecessary suffering of the pet. In addition, the Transport Provider shall be held liable for providing Transportation Services with use of proper means of transport ensuring safe and humanitarian conditions of pet transportation.
4. The Customer shall be held liable for the compliance of transportation of hazardous substances/materials with binding laws. The Customer, as well as the person contributing to transportation might be held criminally responsible for the transport of goods prohibited by applicable laws or hazardous goods, legally allowed to be transported, however fail to be secured.
5. The Customer and the Transport Provider undertake to agree Transportation Services related information, in particular the packaging and collection of the Delivery.
Article 5. Listing
1. In order to post a Delivery Listing, the Customer shall use a form available at Clicktrans to describe the Delivery and general terms of Transportation Services. The detailed regulations on description of the Listing shall be found in Appendix 1 to these Terms and Conditions.
2. It is strictly prohibited to provide contact details and other contents intending to exclude the agency of Clicktrans between the Customer and the Transport Provider. A detailed list of prohibited contents shall be found in Appendix 3 to these Terms and Conditions.
3. Once the Customer confirms the contents of the Listing, it shall be published at Clicktrans. The Customer might edit the contents of Listing. The Customer shall be able to edit or remove the Listing only until they accept a Quote from the Transport Provider.
4. The Customer is entitled to choose the Quote matching their criteria and simultaneously is not obliged to choose the Quote with the lowest Price for Service. The Customer is not obliged to choose any offer, and is not required to provide any justification for their decision.
5. Listing a Delivery by the Customer shall be understood as acting in good faith and stating that the transportation of listed goods does not violate the binding laws, the rights of the third party, and being authorised to conclude and complete the contract for Transportation Service.
6. The Listing description shall be reliable and shall not mislead other Users. The Customer shall be held liable for contents posted in the Listing, including all errors and inaccuracies.
7. In order to complete the contact for rendering electronic services by IQSC in a proper manner, the Customer agrees that upon Quote acceptance their contact details: name and last name, address, e-mail address, telephone number and name of the company and registered office address (if required) will be shared with the Transport Provider whose Quote was accepted.
8. The Listing shall only concern a Delivery. It is strictly prohibited to post Listings with commercial content, in particular the Listings advertising the transportation services.
9. IQSC is entitled to edit or remove the Listing if the content breaches these Terms and Conditions.
Article 6. Quoting Mode
1. Shall the Transport Provider fill in the proper form on the page of the Listing and confirm all details provided, the Transport Provider participates in the Quoting Mode. The Transport Provider is not obliged to provide a Quote lower than the Quotes of other Transport Providers. The Transport Provider might also provide more details on the offered Transportation Service. The Quote and all details provided are automatically posted on the page of the Listing and shall be available to all visitors at Clicktrans. The Quote notification shall be sent simultaneously to the Customer’s e-mail.
2. The Transport Provider agrees to share their contact details upon acceptance of the Quote provided for the Customer’s Listing. The hereinabove mentioned shared contact details shall include: name and last name, e-mail address, telephone number, name and address of the company, Tax ID. No. [NIP], Business ID. No. [REGON], National Court Register [KRS], and website address.
3. The Transport Provider is entitled to withdraw their Quote at any time until it is accepted by the Customer.
4.The Quoting Mode shall be completed if:
a. its time limit expires;
b. the Customer chooses the Quote;
c. the Customer removes the Listing.
5. Once the Quoting Mode is completed, the Transport Provider can no longer provide Quotes.
6. The Quotes from the Transport Provider whose Account was suspended or blocked by the Administrator, shall not be taken into account when the Account is re-activated.
7. It is strictly prohibited to provide contact details and any other content aimed at contacting the Customer and the Transport Provider outside Clicktrans. The detailed list of prohibited content shall be found in Appendix 3 to these Terms and Conditions.
8. IQSC is entitled to edit or remove the Listing by Administrator if the content breaches these Terms and Conditions.
Article 6a. Quick Deal
1. A Customer may also add a Listing at Clicktrans without application of the Quoting Mode, according to the rules set out in this Article.
2. In the case of a Quick Deal, the regulations governing the Quoting Mode specified in these Terms and Conditions shall not apply. In all other respects, the provisions of these Terms and Conditions shall apply to the Quick Deal, unless otherwise provided in this Article.
3. If a Listing is added as a "Quick Deal" the contract for rendering the service of adding and presenting the Listing shall be terminated at the moment of acceptance by the Transport Provider of the Customer's quote, referred to in section 1 above, pursuant to the provisions of the Terms and Conditions.
4. The Customer using the Quick Deal option is obliged to provide therein the information and data required in accordance with the information presented at Clicktrans and the present Terms and Conditions as well as to provide the Price for Service. The Customer fills in the Listing form and then selects the Quick Deal option, following the messages displayed at Clicktrans.
5. The Transport Provider interested in concluding the Contract in accordance with the content of the Listing marked as a Quick Deal, selects the "Accept the job" option through the functionalities available at Clicktrans, which constitutes acceptance of the Customer's quote referred to in section 1 above. When the Customer receives information about acceptance of his/her quote by the Transport Provider the Contract is concluded between the parties.
6. Only the Transport Provider who meets all of the following conditions is entitled to accept the Customer’s offer referred to in section 1:
1) minimum number of transactions – 10
2) minimum number of feedback – 10
3) minimum percentage of positive comments – 95%
4) percentage of cancelled transactions is less than 20%
5) at least 60 days have passed from the date of registration.
7. If within 24 hours after the Customer has added a Listing constituting a quote, referred to in section 1 above at Clicktrans, the quote is not accepted by any Transport Provider on the principles indicated above, the Listing in the Quick Deal option changes to the Listing without the Quick Deal option (it changes to the ordinary Quoting Mode) and is presented at Clicktrans on the principles indicated in the present Terms and Conditions.
8. The Service Provider may communicate to the Transport Provider, in the form of messages displayed on the website, notifications or email notifications, the proposal of listings matched to the Transport Provider (Ordering Parties' Ads) in the Quick Deal mode. Such proposals are presented to Transport Providers meeting at least the criteria indicated in article 6a point 6. and are dependent on, among other things, the route history of executed shipments or their types. If the Transport Provider decides to accept a Quick Deal, the provisions of Article 6a pt. 5 shall apply.
Article 7. Concluding the Contract
1. Shall the Customer choose the Transport Provider’s Quote, a Contract for Transportation Service is concluded. However, the Contract between the Customer and the Transport Provider shall not be concluded, if the notification on Quote acceptance is generated due to failure or a technical error at Clicktrans. The notifications on Quote acceptance are sent to the Customer and the Transport Provider via e-mail, for reference only.
2. The Customer and The Transport Provider shall contact each other immediately upon Quote acceptance.
3. Shall the validity of Contract depend on meeting specific conditions stipulated by the law, e.g. the contract conclusion requires a written form or any other specific form, both the Customer and the Transport Provider shall pursue meeting these conditions.
4. The Customer, who accepted the Quote from the Transport Provider, shall conclude the transaction. Shall the Transport Provider’s Quote be accepted, the Customer acknowledges that all details posted in the Listing are binding. The hereinabove mentioned details include in particular: Price for Service and additional terms included in online messages, subject to Article 8 below.
5. Quote Acceptance shall not be cancelled with the exception of transactions violating the law or these Terms and Conditions, and with the exception of situations when the Transportation Service cannot be provided in a proper manner, especially when the Transport Provider provides different transport conditions than these determined in the Quote. The Customer is entitled to withdraw from the Contract due to unexpected circumstances resulting in Customer no longer looking for transport.
6. The Transport Provider is entitled to view the Delivery before providing transport and to refuse to transport it if the goods to be transported violate the law or these Terms and Conditions, as well as if the actual size of the goods differ from these described in the Listing in a significant manner or the Customer omits the information that might have an impact on required transport conditions. It is advisable for the Customer not to fully wrap the Delivery prior to the Transport Provider’s inspection.
Article 8. Communication channel between the Users
1. Within the Quoting Mode, the Transport Providers and the Customer shall contact each other via communication channel available at Clicktrans, where the questions and the answers regarding the Quotes and the Listings shall be posted. The content of the messages shall be automatically posted on the page of a given Listing and shall be visible to all visitors at Clicktrans. The notification about new message is automatically sent to the recipient of the message.
2. The exchange of messages between the Transport Provider and the Customers serves to determine all the detailed conditions of the Quote before it is accepted.
3. It is strictly prohibited to provide contact details and other contents intending to exclude the agency of Clicktrans between the Customer and the Transport Provider. A detailed list of prohibited contents shall be found in Appendix 3 to these Terms and Conditions.
4. The User shall be held liable for posted content.
5. The Administrator is entitled to edit or remove the messages if their content breaches these Terms and Conditions.
Article 8a. Shipment Tracking
1. Transport Provider using and logged into the Mobile Application, may, while carrying out the Transportation Service for the Customer, share with the Customer an indicative and approximate Shipment location, using the Shipment Tracking option.
2. Sharing the Shipment Tracking by the Transport Provider is possible within the Mobile Application only, under the Terms and Conditions for the Mobile Application.
3. If the Transport Provider shared the Shipment Tracking, the Customer receives a notification in the text message form, including the link to the webpage where the Shipment location may be tracked. Information on the possibility of Shipment Tracking may be shared with the Transport Provider using his or her Clicktrans account.
4. The Transport Provider takes own decisions on whether to share the Shipment Tracking option with the Customer along the entire transport route, or only along the selected final section of the route.
5. If for technical or similar reasons, such as lack of network range or access by the Transport Provider’s mobile device, mobile device errors, lack of Transport Provider’s access to the mobile device, uncharged battery or damage - only the last recorded location of the Transport Provider is shared with the Customer, as provided in the Clicktrans platform. The location shared with the Customer is of an indicative and approximate character. Its accuracy and the very possibility of sharing location information with the Customer, may among others depend on technical capabilities of the Transportation Provider’s device, including Internet access or other circumstances. The function itself is only of an auxiliary character. In case of doubts concerning the location, the Customer shall clarify them directly with the Transport Provider.
6. The Shipment Tracking shared by the Transport Provider is possible until the Transport Provider marks the Shipment as delivered to the Customer. The Transport Provider may decide to cease sharing the Shipment Tracking at any time.
Article 9. Payments
1. Some of the services offered by IQSC at Clicktrans are payable. As a rule, the success fee and any additional charges are assigned to the Transport Provider. The Customer shall be charged only if they purchase a Promoted Listing option, as stipulated by Appendix 2 to these Terms and Conditions.
2. All regulations on payments and success fees shall be found in Appendix 2 to these Terms and Conditions - Payments and Fees.
3. VAT invoices shall be generated with data provided in the User’s Account.
4. All payments and success fee payments for services offered by IQSC at Clicktrans shall be completed by the User to the bank account number provided by IQSC.
Article 10. IQSC Role and Responsibility
1. IQSC enables the Users to conclude Contract for Transportation Services at Clicktrans as stipulated in these Terms and Conditions. IQSC provides proper tools for this purpose.
2. IQSC does not provide transportation service, haulage service and courier delivery. The role of IQSC is to provide a channel of communication between the Users at Clicktrans, and in particular:
a. to help the Customer find the Transport Provider;
b. to help the Transport Provider find the Customer;
c. to enable platform for negotiations on price for service and determining the conditions of a given Transportation Service.
3. IQSC does not represent any party in the Contract between the Users.
4. In cases of any complaints for the quality, safety, and legality of Transportation Service and for legality of Contract for Transportation Service concluded between the Users, it is the Transport Provider that shall be held liable.
5. IQSC thrives to ensure the authenticity of data provided by the Users, regarding in particular:
a. the licenses and certificates owned by the Transport Providers,
b. the insurance of the Delivery
c. the Transport Provider’s ability to transport the Delivery,
d. the Customer’s ability to prepare the Delivery for transportation,
e. the ability of the recipient to accept the Delivery,
f. information provided by the Transport Provided on their Profile Page.
In case of any doubts as per the authenticity of provided data, it is advisable to contact the Transport Provider directly.
6. IQSC does not guarantee that the Customer and the Transport Provider will complete the process of Transportation Service and does neither ensure the quality of Transportation Service nor payment completion by the Customer for the above mentioned Transportation Service.
Article 11. Feedback and evaluation system
1. Clicktrans enables the feedback and evaluation system which serves to exchange opinions on Quoting Mode and performance of Transportation Service. Shall the Quoting Mode be completed with Quote acceptance, the Transport Provider can provide feedback on the Customer, and the Customer can provide feedback on the Transport Provider. The User who received feedback may respond to it. Received and provided feedback and responses shall be published on the User’s profile page and shall be available to all visitors at Clicktrans. The User posts feedback and responses voluntarily. By posting the contents at Clicktrans, the User agrees to their publication and dissemination.
2. The feedback might be positive, negative or neutral. The feedback shall be assigned to the given Account and the given Listing.
3. The feedback shall comply with binding laws, true and accurate, and written in a legible manner. The feedback shall not infringe third party rights. The detailed list of prohibited content shall be found in Appendix 3 to these Terms and Conditions.
4. In justified cases, the Administrator might remove the feedback or contact the User with the request to modify the provided feedback. The Administrator might proceed with hereinabove mentioned activity, in particular if:
a. the feedback violates the regulations of Appendix 3 to these Terms and Conditions,
b. the feedback was accidentally provided to the wrong User or to the wrong Transportation Service, if the same feedback was already provided to another User, and its content unequivocally points out to be accidental;
c. the content of the feedback points out to be accidental with regards to the type of feedback (positive, negative, neutral);
d. the feedback was added by the User intending to harm another User or was participating in the Quoting Mode only to provide feedback;
e. the feedback content includes characters that make the text unreadable.
5. Provide feedback and responses shall be cancelled upon consent of both Users participating in the Quoting Mode and upon cancellation request of one of the Users with respect to these terms:
a. up to 120 days since the Quoting Mode is completed or up to 30 days from posting the feedback,
b. the response from the other User is positive, and received up to 45 days since the feedback was provided.
6. Once the feedback is cancelled, no other feedback shall be provided on the same Quoting Mode. Feedback shall only be cancelled once for a given transaction according to the above mentioned procedure.
7. The activity of providing false feedback in order to build the User’s reputation through gaining more points for positive feedback are strictly prohibited.
Article 12. Profile Page
1. Information posted at the User’s Profile Page shall be available to all visitors at Clicktrans.
2. The Transport Provider might post description of services offered on their Profile Page.
3. The Transport Provider whose company details were verified by IQSC as stipulated by point 3.9 of these Terms and Conditions, might additionally post pictures, describe the company and offered Transportation Services. The additional fields are not accessible to Transport Providers whose company details were not verified by IQSC.
4. The User voluntarily posts contents and pictures on their Profile Page. By posting the contents at Clicktrans, the User agrees to their publication and dissemination.
Article 13. The User’s contents
1. The User posts their content voluntarily. By posting the contents at Clicktrans, the User agrees to their publication and dissemination.
2. IQSC shall use their best effort to remove all the contents violating these Terms and Conditions.
3. It is strictly prohibited for the Users to post textual contents or graphics that infringe third party’s rights or interest protected by the law on their Profile Page. By posting contents on the Profile Page, especially in the form of their image, the Transport Provider admits to own copyrights of the image or the license acquired from the subject with proprietary copyrights required to disseminate and publicise the picture at Clicktrans.
Article 14. Disabling an Account
1. IQSC might disable the User’s account for a fixed time or for an indefinite period, if:
a. the User violates the regulations of these Terms and Conditions.
b. the User does not complete the payment in favour of IQSC, subject to Appendix 2 to these Terms and Conditions.
c. the User’s activity poses a threat to security of Clicktrans or the safety of using Clicktrans by other Users.
d. Data posted by the User or the User’s activity might require additional verification by IQSC, in cases justified by Article 3, section 2-4 of these Terms and Conditions.
2. The User shall be able to log in to their Account when it is disabled. However, the User shall not be able to both participate in the Quoting Mode and use communication channel and feedback and evaluation system.
3. The moment the User’s Account is blocked by the Administrator, all User’s current Listings or Quotes are automatically withdrawn, and the Customers shall no longer be able to accept such Quotes.
4. The Administrator shall enable the Account, once the User ceases to violate these Terms and Conditions, completes the payment in favour IQSC or once another reason for disabling the Account is no longer existing.
5. Once the Account is enabled, previous Listings and Quotes shall not be reposted at Clicktrans.
6. In justified cases, the User might request enabling the Account before the reason for disabling it is specified. The Administrator is entitled to enable the Account permanently or for a fixed time.
Article 15. Removing an Account
1. The User shall be able to remove their Account using the form available at Clicktrans, under “My account” Tab and by providing valid data - the username and password.
2. The Account shall be removed solely upon prior settlement of Account balance in favour of IQSC.
3. By removing the Account, the Contract for rendering electronic services between IQSC and the User, subject to Article 2, shall be terminated.
4. The Administrator is entitled remove the User’s Account, if they violate these Terms and Conditions, however, the Account can only be removed, if justified. In such a case the User shall not be able to re-register at Clicktrans without prior consent of IQSC.
Article 16. Privacy and confidentiality
2. The User’s personal data shall only be disclosed in cases provided for by these Terms and Conditions and other justified cases with the User’s prior consent.
3. The User shall not disclose any personal data of other Users, received from IQSC at Clicktrans, to any third Party, unless they received prior consent of these Users. The personal data of other Users received from IQSC shall solely be used to complete the transaction related with the Listing.
Article 17. Terms and Conditions
1. The content of these Terms and Conditions including all fees is subject to change. The User shall be informed about any changes at Clicktrans home page. The information shall include the effective date of the changes. The effective date of the changes shall not be earlier than 14 days from their announcement. Shall the User with an existing Account not accept new content of these Terms and Conditions, they are obliged to inform IQSC within 14 days from the announcement of the changes. By not accepting Terms and Conditions, the User terminates the Contract.
2. The Quoting Modes which commenced before the changes shall be carried out according to regulations binding before the changes.
3. Any disputes arising between the Supplier and the Transport Company or Customer acting as an Entrepreneur shall be resolved by court having jurisdiction over the Supplier’s registered office.
4. Unless otherwise provided in binding laws, to all matters not settled in these Terms and Conditions, provisions of Polish law shall apply.
5. Terms and Conditions have been made in Polish, English, Spanish and German language, however in case of any discrepancies Polish wording shall prevail.
Article 18. Complaint procedure
1. The User might raise a complaint regarding Clicktrans functioning or services offered by IQSC at Clicktrans.
2. The complaint might be raised via electronic form available at Clicktrans or in writing, delivered to IQSC registered office. The complaint shall include the username at Clicktrans and the description of reasons for complaint.
3. Shall the data provided in the complaint need completing prior to review, IQSC shall request the User to complete it to the indicated extent.
4. IQSC reviews the complaint within 14 days from receiving complete complaint form.
Article 19. Out of court dispute resolution and claim compensation
The Users being Consumers, might seek i.e. the following out of court dispute resolution and claim compensation:
a. the Users are entitled to address The Permanent Arbitrary Consumer Court attached to Trading Standards Association with request to resolve the dispute regarding the Contract
b. the Users may report a complaint via the European ODR platform available at the address: http://ec.europa.eu/consumers/odr/.
Article 20. Disposal activities
1. Shall IQSC decide to dissolve the activity of Clicktrans, the Users shall receive an advance notice, which would enable them to conclude all activities at Clicktrans including completing payment in favour of IQSC.
2. The Users with positive Account balance shall receive financial reimbursement to the indicated bank account number.
3. Upon activity dissolution, Clicktrans shall be terminated, and all the User data shall be saved on internal server owned by IQSC and maintained for a period regulated by bindings laws.
Article 21. Appendices
These Appendices constitute an integral part of the Terms and Conditions:
Appendix 1 - Listing Description Regulations.
Appendix 2 - Payments and Fees.
Appendix 3 - Prohibited Content.
Appendix 4 - Maintenance Policy.
Appendix 6 - Contract Termination Template.
Appendix 7 - Complaint for Rendering Electronic Services
Appendix 8 - Notice on Consumer’s Right to Withdraw from Contract for Services.