TERMS OF SERVICE OF CLICKTRANS WEBSITE FOR USERS
I. GENERAL PROVISIONS
- These Regulations set forth the general terms and conditions for the use of CLICKTRANS website (hereinafter referred to as "the Website") by the Service Provider.
- You can contact the Service Provider via:
- e-mail: at email@example.com;
- by calling +44 33 0027 2341 between 8:00 a.m. and 3:00 p.m. on working days except weekends and public holidays.
- using the interactive chat feature available on the Website.
- The Website has the nature of a platform to connect Users who appear as Customers with Users who appear as Transport Providers, so that the latter may provide a Transport Service.
- The Customer may, using the infrastructure of the Website, conclude a contract for the performance of a Transport Service directly with the Transport Provider. The Service Provider provides a location to conclude such agreement, but it is not a party to contracts concluded between the Users.
- Unless otherwise indicated, all rights to the Website, including proprietary copyrights, intellectual property rights to its name, domain name, to the Website, to forms, logos, graphics or other types of materials are vested in the Service Provider - or the Service Provider is authorised to use them, and they may only be used in the manner specified and in accordance with these Regulations and the generally applicable laws.
- It is forbidden to copy, reproduce, modify, multiply or distribute any part of the Website, the Service or its elements without the Service Provider's prior written consent, except in cases expressly permitted by the applicable laws and these Regulations. The Service Provider may take steps, including through litigation, to protect its interests and the interests of the Users.
- The Service Provider reserves the right to publish advertisements for its services or for goods and services of third parties on the Website, using the forms used on the Internet. The use of such offers or services shall not be deemed part of the Website, and their terms shall be determined by the relevant third parties. This content may be added by automated means.
- For the avoidance of doubt, the Service Provider indicates that the provisions of these Regulations referring to a Consumer also apply to an Entrepreneur exercising its rights as a consumer, unless expressly indicated to the contrary by these Regulations.
- The rules of providing the Services and use of the Website for Transport Providers are governed by separate regulations (hereinafter referred to as the "Regulations of the website and Clicktrans mobile application for Transport Providers").
- The Service Provider shall include on the pages of the Website where the search results are available or the Listings presented, information on the main parameters determining the placement of the Listings or Transport Providers and their quotes presented to Users who are Consumers.
- In Transport Contracts concluded via the Website, the Transport Provider providing the Transport Service always has the status of Entrepreneur, while the Customer for whom the Transport Provider performs the Transport Service may act as either Consumer or Entrepreneur.
The terms used throughout this document shall have the following meanings:
Service Provider/Clicktrans - Clicktrans sp.z o.o. (formerly Michał Brzeziński IQSC SOLUTIONS) with its registered office in Gdańsk (80-314), Aleja Grunwaldzka 303, NIP: 5842810908, REGON: 52049502200000, entered into the register of entrepreneurs of the National Court Register kept by District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register under KRS number 0000934060, with share capital in the amount of PLN 50,000.00;
User - a natural person with full legal capacity and a natural person conducting business activity, a legal person or an organizational unit without legal personality, which may benefit from the Services available on the Website;
Customer - a User, registered on the Website as a Customer, holding an active Account, having logged into it and using the Services targeted at Customers on the Website, pursuant to the provisions of these Regulations;
Consumer - a User which is a consumer within the meaning of Article 22 of the Civil Code or an Entrepreneur exercising the rights of a consumer;
Entrepreneur exercising the rights of a consumer - a natural person, who is a User, concluding an Agreement directly connected with their business activity, if the Agreement indicates that it is not of a professional nature for this person (which results in particular from the subject of their business activity, made available pursuant to the provisions on the Central Register and Information on Business Activity), who exercises the rights vested in consumers pursuant to the Civil Code and the Act on Consumer Rights;
Entrepreneur - a User who is an entrepreneur within the meaning of art. 43 of the Civil Code, excluding Entrepreneurs exercising their rights as consumers;
Account - a part of the Website assigned to a Customer or Transport Provider as a result of Registration, via which such Customer or Transport Provider may perform certain actions within the Site;
Registration - a single action of creating a Customer's Account or a Transport Provider's Account (respectively) on the Website, according to the rules set forth in these Regulations;
Transport Provider – a User of the Website who is an Entrepreneur and who has registered to the Website as a Transport Provider and uses the Website in a manner defined in the Regulations of the website or Clicktrans mobile application for Transport Providers, offering to perform a Transport Service;
Shipment - an object, animal, person or other cargo, which, pursuant to the provisions of the Regulations and the generally applicable laws, may constitute the subject of the Listing and of the Transport Service;
Listing - a time-limited publication of information, drawn up and placed on the Website by the Customer, in accordance with the terms and conditions specified in these Regulations, consistent with the characteristics and specifics of the Website, defining in particular the type of the Shipment, its dimensions and the deadline for performing the Transport Service;
Promoted Listing - a paid service consisting in graphic highlighting of the Customer's Listing on the list of ads featured on the Website;
Urgent Listing – a paid service consisting in graphic marking of the Ordering Party's Listing as "urgent" on the list of listings on the Website;
Transport Service - service consisting in the collection, carriage and delivery of the Shipment ordered by the Customer to the place of destination by the Transport Provider, as well as any actions related thereto, resulting from the Listing;
Transport Contract - a contract concluded on the Website between a Customer and a Transport Provider by a Quoting Mode or by way of a Quick Deal, regarding a paid Transport Service to be provided by the Transport Provider to a Customer. A Transport Contract is performed by the Transport Provider in the course of its business;
Verification - The Service Provider may make the use of the full functionality and Services within the Account (e.g., posting Listings) subject to prior verification of the Customer. Verification shall take place in the form of a telephone call, including text. Verification may take place before the posting of the first Listing on the Service or at a later stage. In order to fully verify the Account, the Customer will be asked to verify the phone number. Verification of the Transport Provider's Account is carried out according to the rules, which are set out in the Regulations of the website and the Clicktrans mobile application for Transport Providers.
Quote - a Quote, made by a Transport Provider, to perform a Transport Service submitted to the Customer via the Website, in response to the Customer's Listing;
Quoting Mode - the procedure of concluding a Transport Contract which consists in the Ordering Party's independent selection of a Transport Provider from among the Quotes submitted in response to the Customer's Listing;
Quick Deal - a procedure of concluding a Transport Contract without a Quoting Mode, whereby the Customer's Listing constitutes a Quote within the meaning of article 66 § 1 of the Civil Code, and as soon as it is accepted by the first Transport Provider, a Transport Contract is concluded;
Transport Service Price - the amount due for the performance of a Transport Service as indicated by the Transport Provider in its Quote - and, in the case of a Quick Deal, confirmed by the Customer - denominated in the currency of the Listing, in the Quoting Mode or in the Quick Deal mode, including the Transport Provider's total costs for the performance of the Transport Service, and in particular: transport costs, administrative costs, remunerations;
Shipment tracking - a functionality which enables tracking of a Shipment (location of a mobile device made available by a Transport Provider performing the Transport Service) by a Customer. The functionality is offered by some Transport Providers;
Services - services provided by the Service Provider to the Users electronically, within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended);
Consumer Rights Act – the act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827, as amended);
Act on the Provision of Services by Electronic Means – the act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended)
Act on Copyright and Related Rights - the act of 4 February 1994 on copyright and related rights (Journal of Laws of 1994 No. 24, item 83, as amended);
Regulations – this document.
III. GENERAL TERMS OF USING THE WEBSITE
- Within the Website, the Service Provider enables the Users to use the Services it provides, in particular to browse the information presented on the Website, to display Listings, to conclude a Transport Contract - and other Services available on the Website.
- The Website may only be used in accordance with the terms and to the extent indicated in the Regulations.
- The minimum technical requirements to use the Website:
The Service Provider informs that the use of services provided electronically may be associated with a risk on the part of each user of the Internet. The risk consists in the possible introduction of harmful software into the User's ICT system and acquisition or modification of the User's data by unauthorised persons. In order to avoid the aforementioned risks, the User should use proper technical means to minimise their occurrence, in particular anti-virus software and a firewall.
Users are not allowed to use the Website or its Services in a manner that violates the law, the rules of decency, personal interests of third parties or the legitimate interests of the Service Provider.
Actions aimed at concluding a Contract for the provision of Services on the Website on behalf of an Entrepreneur or another legal entity, in particular actions associated with creating and maintaining an Account and ordering paid services, may only be performed by persons duly authorised to act on behalf of the Entrepreneur or the legal entity. The Service Provider may oblige a person acting on behalf of an Entrepreneur or another legal entity to electronically send the documents indicated by the Service Provider, including in particular documents confirming authorisation to act on behalf of the Entrepreneur (or another legal entity) and the Entrepreneur's (or other legal entity's) business activities or statutory activities, on pain of refusal to establish or terminate cooperation. In addition, if the Entrepreneur (or other legal entity) conducts its business activity outside the territory of the Republic of Poland, the Service Provider shall be entitled to request equivalents of such documents in the language of origin, with a certified translation into Polish. The Service Provider reserves the right to request that the Entrepreneur (or other legal entity) sends additional documents not listed above, or to send them in a different, commonly used format.
The Service Provider reserves the right to refuse to perform the Services for Entrepreneurs, in particular to complete the Account Registration or refuse to perform the Services, without giving reasons.
Whenever the wording: Verified Transport Provider's Account or Verified Customer's Account is used in these Regulations or on the Website, it shall be construed as verification of correctness of the data given by the User in the registration form, in whole or in part, by the Service Provider as of the date of their verification, which usually falls immediately after the registration of the User's Account.
Content added by Users, including in particular within the Account, offers or Listings in the forms may constitute works within the meaning of the Act on Copyright and Related Rights of 4 February 1994 (Journal of Laws 1994 No. 24 item 83, as amended). Upon posting the content referred to in the preceding sentence on the Website, the User grants the Service Provider a royalty-free, non-exclusive and territorially/temporally unlimited licence to use that work, along with the right to grant sub-licences, without time and territory restrictions. The User grants the licence referred to in this subsection to the Service Provider for the following fields of use:
- a device with Internet access;
- access to e-mail;
- the latest version of your browser with Cookies and Java Script enabled,
- PDF reader software.
- exploitation: in full or in excerpts, online, including computer storage and/or dissemination in multimedia networks, including the Internet and/or sharing in digital form in unlimited numbers of copies and volumes,
- use on websites and domains,
- use in any form for advertising or promotional purposes,
- public display,
- public sharing in such manner that anyone can access it from a place and at a time individually chosen by them (including, but not limited to, the Internet).
The User is obliged to hold all rights to the content posted on the Website, and its use must not violate the law, these Regulations or the rules of public decency.
The User consents to the recording, trading in the media on which the photographs, content and any materials posted on the Website are recorded, as well as to their reproduction using any of the currently available techniques and methods, dissemination and publication, in accordance with the aforementioned item, if the aforementioned actions are related to the Service Provider's activity or to the Website, and if they are not detrimental to the User's interests.
The user gives this consent free of charge.
IV. USER RIGHTS AND OBLIGATIONS
- The User of the Website shall be obliged to:
Website Users are not allowed to add or present - within their Accounts or in the contents of Listings, their opinions, comments, messages to other Users or elsewhere in the Service - any information which would include content prohibited by the universally applicable laws, violate the rights of third parties or the rules of public decency, or which would constitute acts of unfair competition. Use of such information may not constitute an infringement of the law, the provisions of these Regulations or public decency. Opinions or comments may only be added by Users who have been parties to a Transport Contract.The Website User may not perform actions aimed at overloading inboxes of other Website Users or the Service Provider. In particular, it is forbidden to send advertising messages.
- use the Website in a way that is consistent with the law, rules of public decency and the provisions of these Regulations, with due regard for personal rights, intellectual property rights and other rights of third parties;
- place Listings in compliance with the guidelines set forth on the Website, in particular not to place Listings of an advertising nature, with personal or contact details and messengers which enable contact (e.g. whatsapp), marked as "permanent cooperation", "free vehicle";
- own all rights to the contents posted on the Website, including but not limited to the Account, the Listing, the posted message or comment - or anywhere else on the Website;
- enter correct data on the Website and inform the Service Provider without delay of any changes to the provided data, including in particular any data which affect the performance of the Website Services;
- not to use devices, software or methods which could disrupt the operation of the Website;
- not to carry out activities aimed at omitting the Service Provider at the conclusion of the Transport Contract, including providing one's contact details, personal data and instant messengers enabling contact (e.g. whatsapp);
- not to undertake actions aimed at artificial over - or underestimation of User ratings;
- not to carry out activities aimed at circumventing these Regulations or the Regulations of the website and mobile application Clicktrans for Transport Providers, the Users' rating system including comments or obligations to the Service Provider, in particular by creating new Accounts;
- not to create false Accounts;
- not to include names and/or addresses of websites of any competitors to Clicktrans, or other websites where transport services or rights to transport services are offered by multiple users, or where such services are covered by a common search engine (the above also refers to links to such websites);
- post factually accurate ratings and comments;
- not to conclude fictitious Transport Contracts for the purpose of providing feedback or comments;
- not to provide unlawful content.
- The provision of the Services is subject to the terms and conditions set forth herein. The use of certain Services of the Website may require you to create an Account on the Website and to log in to it.
- The Service Provider enables the use of the Services it Quotes via the Website. Some of the Services are intended only for Users who have registered on the Website and have an active Account.
- Each User of the Service may:
- browse and search for information of general interest, including Listings posted on the Website;
- contact the Service Provider via chat;
- set up and maintain an Account - respectively, a Customer's Account or a Transport Provider's Account;
- agree to receive commercial information from the Service Provider.
- The Customer may, in addition, use the following Services on the Website:
- post Listings on the Website;
- create a Promoted Listing or Urgent Listing for a fee;
- add and present opinions or comments.
- In addition, the Customer and the Transport Provider may send each other messages concerning the Transport Service covered by the Listing. The messages referred to in the previous sentence are sent using the form available on the Listing page. They are published on the Listing page and visible to all users.
- The Service Provider presents general information (including information about its business and the Website's functionalities) on the Website free of charge. The Website also provides information of a general nature and Customers' Listings.
- The Service Provider also presents content on the Website as part of a themed blog and an advice section. The content presented therein may come directly from the Service Provider or third parties and is consistent or related to the subject matter of the Website. The contents of the Website are for reference and information only. They should not be regarded as a Quote, legal, financial or tax advice, nor should they be treated as a recommendation within the meaning of the generally applicable laws.
- The User may also search for Listings and other content presented by Users or by the Service Provider on the Website, using the indicated criteria. An Agreement for rendering a Service consisting in browsing and searching for information and other content available on the Website free of charge, is concluded for a definite period and is terminated at the moment the User closes the Website.
- Pursuant to the provisions of these Regulations, the Service Provider enables the Users to create and maintain an Account on the Website. During the Registration process, a User selects the appropriate type of Account for itself - respectively, a Customer's Account or a Transport Provider's Account. The detailed terms and conditions for the provision of the Account maintenance Service on the Website have been laid down in section VI of the Regulations.
- The Service Provider provides the Users with the option to receive commercial information from the Service Provider in the form of messages sent to the e-mail address given by the User. For this purpose, you must activate the appropriate box in the Account Creation Form. The User may revoke its consent to receive commercial information at any time. Commercial information is sent by the Service Provider only to the Users who have expressed their consent.
- Customers have the option to add and present Listings. The service consisting in adding and presenting a Listing on the Website is provided pursuant to the terms set forth in section VII. of these Regulations. In order to add and present a Listing, a Customer must be logged in to its Account.
- Customers have the option to add and present a paid Promoted Listing or Urgent Listing. The Service consisting in adding and presenting a Promoted or Urgent Listing on the Website is provided pursuant to the terms of section VIII. of these Regulations. In order to add and present a Promoted Listing or an Urgent Listing, the Customer must be logged in to the Account.
- Customers have the option of adding and displaying a Listing in Quick Deal mode. The Service of adding and displaying a Listing in Quick Deal mode on the Website is provided pursuant to the provisions of section IX. of these Regulations. In order to add and present an advertisement in Quick Deal mode, the Customer must be logged in to the Account.
- Users between whom a Transport Contract has been concluded have the option to add an individual and subjective statement (comment) on the Website and to rate the performance of the Transport Service, which includes a rating of the Customer or Transport Provider. In order to add comments and ratings, the Registered User shall use the form available on the Website. By adding any statements, opinions and comments on the Website, the User declares that he/she was a party to the Transport Contract and, respectively, in the case of the Customers, used the Transport Provider's service and, in the case of the Transport Provider, carried out the service for the Customer, and that he/she owns all the rights to this content, in particular the copyrights, related rights and industrial property rights. The rating and comment, as well as the response to them, may only relate to a Transport Service actually provided or ordered and must be factually correct. Posted comments and opinions are publicly available.
- The Website may also include opinions about the Website and the Service Provider posted on external platforms, e.g. Google. The Service Provider does not collect or manage these opinions itself; the entity responsible for these opinions is in each case the external platform on which the opinions are posted.
- The Service Provider does not carry out any prior verification of the opinions or comments referred to in points 14 or 15 above. The Service Provider posts all opinions and comments referred to in point 14 above, whether negative, positive, or neutral, which have been posted by logged-in Users. The Service Provider shall take action with regard to opinions or comments by obtaining reliable knowledge of the unlawful nature of their content in accordance with the provisions of the Act on Provision of Electronic Services.
- The User has the opportunity to talk to the Service Provider or its representative using the interactive chat (messenger) available on the Website. Contracts for the provision of the Service consisting of providing an interactive chat room, which allows Users to contact the Service Provider, are concluded for a definite period of time and are terminated when the conversation using the chat room ends or the chat room is closed.
- The Ordering Party may use the functionality of Shipment Tracking. If the Transport Provider makes Shipment Tracking available, the Customer will receive notification of the option to track the location of its Shipment in the form of a text message with a link to the page, on which the location is available. The Transport Provider independently decides whether to provide the Customer with Shipment Tracking and, if it does, whether to do so for the entire route or only sections of the route. The Transport Provider may also terminate the Shipment Tracking option at any time. Tracking information may also be made available to the Customer using its Account on the Website. Location of the Shipment is approximate and indicative - its accuracy may depend on the Transport Provider's technical equipment and access to the Internet. In case of technical problems, the last registered location of the Transport Provider may be made available to the Customer.
- The Service Provider may organise temporary and occasional promotions, contests or loyalty or partnership programmes. Terms and conditions of such events will be specified each time on the Website.
- The User has the possibility of creating and maintaining an Ordering Party's Account or Transport Provider's Account (as chosen by the User) on the Website. The Service consisting in running an Account on the Website is available after Registration. Users register by completing and accepting the registration form made available on the Website. In order to set up an Account it is necessary to indicate the data marked as obligatory - in particular, in the case of a Customer's Account set up as a company account, it is necessary to provide the NIP number of the business activity conducted by the User.
- Terms of registration of a Transport Provider's Account are defined by separate regulations - "Regulations of the website and Clicktrans mobile application for Transport Providers", whereby the provisions of these Regulations may be applied accordingly.
- The Service Provider also enables logging into your Account on the Website via the User's account on the external Facebook.com portal.
- By completing Account Registration, the User declares that the data provided by it in the registration form are true and do not violate the rights of third parties.
- The User is obliged to enter only up-to-date and factually correct data, which are not misleading to other Users or to the Service Provider, on the Website, including the registration form and the profile page, and to inform the Service Provider immediately about any changes to the provided data, or to change such data independently, using the functionalities available in the Account. The data posted on the User Account profile page are publicly available on the Website.
- In order to correctly complete the Registration process, the User may be asked to perform additional activation of the Account, possibly via email, in accordance with the information displayed on the Website.
- The agreement for the provision of a Service consisting in maintaining an Account on the Website is concluded for an indefinite period and shall be terminated when the Customer sends a request to delete the Account or deletes it on his own, - or in other cases referred to in these Regulations. Re-registration of an Account or reinstatement of a previous Account may require prior contact with the Service Provider and positive Verification.
- After successful full Verification, the Customer may have an indication on his profile that he has a verified Account.
- If the Verification is carried out negatively, the Service Provider will inform the Customer and ask for re-verification of the phone number. The Service Provider is entitled to negative Verification also in the cases specified in Section XI below.
- In case of negative Verification of the Customer's Account, the Service Provider shall be entitled to terminate the Account agreement or restrict the use of the full functionality of the Account until positive Verification.
- One User cannot have more than one Account. One User can only have one type of Account - a Customer's Account or a Transport Provider's Account.
- With regard to personal data security, an Account on the Website may be deleted by the Service Provider if the Customer has not logged into the Account for a period of 5 years, calculated from the last logging date.
- The User agrees, within the meaning of the Act on Copyright and Related Rights of 4 February 1994 (Journal of Laws 1994 No. 24, item 83 as amended) to disseminate their image posted by them on the Website. The consent referred to in the previous sentence shall include the Service Provider's use of the User's image by making it publicly available, for the purpose of providing the Services, to ensure the functionalities of the Website, to advertise and promote it. The User's consent also applies to sharing their image in materials used to promote activities within the scope of the Website's operations and to implement marketing campaigns by publicising their image in electronic media, in particular in social networks, the Website's and its subpages, for an indefinite period (until recalled).
- The Service Provider provides a Service to Customers logged into an Account. The Service consists in the opportunity to post and present their Listings on the Website. Listing Service may require prior Verification.
- The Customer independently selects the content of the Listing, provides a description of the Shipment and the general terms of the Transport Service. The description of the Listing should be clear and not misleading regarding the Shipment and the terms of the Listing. The information contained in the Listing, including the type of Shipment, should be consistent with the facts and the legal status. Detailed requirements for the Listing, including technical requirements concerning its content, photos and other elements of the Listing, as well as prohibited content, are indicated on the Website.
- The Customer may not place more than one Listing concerning one Shipment at any given time. The Customer may edit the content of a Listing.
- A Listing is visible to other Users of the Website, including the ones which do not have an Account.
- Listings in the Quoting Mode are not binding and do not oblige the Customer to select any of the Quotes submitted in response to its Listing. A Listing in the Quoting Mode has the nature of an invitation to submit Quotes.
- By placing a Listing, the Customer gives its consent to share of its personal data necessary for the performance of a Transport service and for contact with the Customer, to the Transport Provider, the Quote of which has been chosen by the Customer.
- A contract for provision of a Service consisting in posting and presenting a Listing shall be concluded for a period indicated on the Website, calculated from the date of posting the Listing on the Website.
- The Customer may withdraw a Listing or amend it.
- After posting a Listing, matched Transport Providers for the Transport Service specified in the Listing may be displayed. Transport Providers are matched automatically. After posting a Listing using the features available on the Website, the Customer may ask a Transport Provider of its choice, matched by the Service Provider, to submit a Quote in response to the Customer's Listing.
- By the time a Transport Provider's Quote is selected, the Customer may change the Quote Mode chosen in the Listing to Quick Deal mode, if available for that category of Shipment.
- A contract for the provision of a Service of posting and displaying a Listing on the Website shall be terminated at the moment of:
- removal of the Listing from the Website by the Customer;
- expiry of Listing publication period indicated on the Website;
- deleting or blocking of the Customer's Account;
- another moment of termination of a contract for posting and presentation of the Listing, a contract for the provision of functionalities or a contract for the provision of a Service consisting in maintaining an Account on the Website - in accordance with these Regulations.
- In case of the Customer's inactivity with regard to a placed Listing - in particular, if the Customer does not reply to the Transport Providers' questions concerning the Listing, the expiry of the deadline for loading the Shipment or its delivery, the Listing may be hidden on the list of current Listings and in the Listings search engine on the Website. The Customer will be notified of the hiding of its Listing via an appropriate notification in the Account or by e-mail to the email address indicated in the Customer's Account. The Customer may restore the Listing at any time by demonstrating activity concerning the Listing, in particular by editing the Listing, changing it to an Urgent Listing or a Promoted Listing. The Listings may be hidden, as referred to in this paragraph, in an automated manner.
VIII. PROMOTED AND URGENT LISTINGS
- At the time of posting a Listing or during the presentation of the Listing, the Customer may use the option of a paid Promoted Listing or Urgent Listing. This is a one-time service, for the duration of Listing publication, but no longer than the duration of the Listing.
- Promoted Listings are displayed first in the list of Listings on the Website.
- To add a Promoted or Urgent Listing, the Customer must use the Promoted Listing or Urgent Listing order form. Activation of such paid service is subject to an upfront payment made by the Customer. The preceding sentence shall not apply to Transport Providers posting Promoted Listings or Urgent Listings - activation of such Listings shall take place as soon as they are ordered, while payment is made in accordance with the Transport Provider's billing period.
- Prices for services paid to Customers on the Website are inclusive of all components, including VAT and other charges. Prices presented to Entrepreneurs may be net prices.
- Subject to the provisions of paragraph 2, sentence 3 above, the Customer shall make payment for a paid service via the electronic payment system of a third party payment operator integrated with the Website, according to the information given on the Website.
- The Service Provider issues VAT invoices. VAT invoices and corrective invoices are issued in electronic form by uploading them to the Customer's Account and by email to the Customer's e-mail address indicated in the Account. The Customer may request a VAT invoice in paper form by sending a request to the Service Provider by e-mail to the address indicated in item I.
IX. QUICK DEAL
- The Service Provider provides a Service, allowing Ordering Parties to post and present a Listing on the Website in a Quick Deal mode. The Quick Deal mode enables concluding a Transport Contract in a mode other than the Quoting Mode, on the terms specified in this section.
- Listings classified in the Quick Deal mode shall be regarded by the Customer as a Quote within the meaning of Article 66 of the Civil Code. A Listing in the Quick Deal mode is binding for the Customer.
- By placing a Quick Deal, the Customer is obliged to indicate the necessary elements in the performance of Transport Service and the characteristics of the Shipment as for the Listing and to approve the Service Price. The price of the Service is calculated by the Website automatically, based on statistical data held by the Service Provider.
- Before posting a Quick Deal on the Website, the Customer may cancel this service at any time and use the Quoting Mode.
- By posting a Quick Deal, the Customer consents to have its contact details shared to the Transport Provider, with which the Transport Contract has been concluded as a result of the Quick Deal.
- The maximum posting time for a Quick Deal is 24 hours from its publication or from the change of Listing in the Quoting Mode to the Quick Deal Mode - if no Transport Contract is concluded within this period, the Quick Deal shall be posted as a Listing using the Quoting Mode.
- Subject to the provisions of this clause, the provisions regarding the Listing shall otherwise apply to the Quick Deal.
X. TRANSPORT SERVICE AND CONCLUDING THE CONTRACT
- A Transport Contract may be concluded via the Quoting Mode or a Quick Deal.
- In the case of the Quoting Mode, Transport Providers have the opportunity to submit Quotes in response to Listings posted by Customers.
- When placing a Quote on the page of a given Listing, the Transport Provider indicates data marked as mandatory, including the Price of the service.
- The Transport Provider may amend or withdraw a Quote not later than by the time the Customer selects the Quote, but not earlier than 30 minutes after its posting, unless the Customer has already selected the Transport Provider's Quote within that time.
- The moment the Customer chooses a Quote of the Transport Provider which submitted it in response to the Customer's Listing, a Transport Contract is concluded (with content specified in the Listing, the Quote and the arrangements resulting from the correspondence between the Customer and the Transport Provider, using text messages on the Website), pursuant to which the Transport Provider is obliged to perform a Transport Service and the Customer is obliged to pay the Price for the service to the Transport Provider.
- In the case of a Quick Deal, where the Customer's Listing constitutes a Quote, acceptance of the order by a Transport Provider shall be deemed as conclusion of a Transport Contract.
- At the moment of signing a Transport Contract, the Customer receives the Transport Provider's data and the Transport Provider receives the Customer's data, so that the Parties can communicate. The parties should contact each other immediately.
- If the validity of a Transport Contract depends on additional requirements stipulated by law, the Transport Provider and the Customer should take immediate steps to meet them.
- The Website is only used to conclude a Transport Contract. The obligations arising from the Transport Contract, including payment of the Service Price, are performed by the Transport Provider and the Customer externally, i.e. outside the Website.
- It is prohibited to conclude a Transport Contract bypassing the Website and to take actions to this end.
- The Service Provider is not a contractor, a joint contractor or an ordering party for the Transport Service. The Service Provider merely provides a platform for concluding a Transport Contract in accordance with the information presented on the Website.
XI. BLOCKING OR DELETING AN ACCOUNT
- With regard to Users that are Entrepreneurs, the Service Provider shall have the right to block the provision of Services or to terminate the Service Contract, including the Account Maintenance Service and other Services offered on the Website, with immediate effect, in particular if doubts arise as to the correctness or completeness of the data provided by such User, or if:
- the Service Provider suspects that such User is in breach of the Regulations (including point IV above), the applicable law or the rules of public decency;
- if the User's actions or omissions have a negative effect on the Service Provider's reputation or are otherwise detrimental to the Service Provider;
- if the Service Provider receives a complaint regarding the User's activity or in any other case the Service Provider has doubts as to the conformity of the User's actions with the specificity of the Website, the law and the rules of public decency;
- if the number of cancelled transactions exceeds 20% over the last 2 months.
- The Service Provider has the right to block the provision of Services or terminate the Contract for the provision of Services of the Website, also for Users which are not Entrepreneurs, in the situations indicated in subsection 1 above, after an ineffective request for cessation of infringements specifying a deadline for cessation of infringements. The request referred to in the previous sentence shall be sent to the User electronically, to the User's e-mail address as indicated in the Account. Additionally, the Service Provider may send such request via the messenger available on the Website, e.g. in the Account.
- Accounts will be removed by the Customer according to the rules set out in section VI.
- The Service Provider may terminate the contract for the Customer's Account with 30 days' notice. The Service Provider shall deliver the notice of termination to the Customer's e-mail address indicated in the Account.
- The rules for blocking or terminating provision of the Services to Transport Providers are set forth in the "Rules of the website and Clicktrans mobile application for Transport Providers".
- Provision of the Services might be blocked and terminated by automated means.
XII. COMPLAINTS, RIGHT OF WITHDRAWAL AND OUT-OF-COURT DISPUTE RESOLUTION
- For the purposes of the provisions of this section, with the exception of section 10 below on the consumer's right of withdrawal, the notion of a Consumer shall include Entrepreneurs exercising their rights as consumers.
- A User, which is a Consumer may withdraw from the contract for maintaining an Account without giving reasons by submitting an appropriate declaration within 14 days from the date of registration on the Website or by deleting its Account. It is sufficient to send a declaration of will before the expiry of this period to meet this deadline.
- The Consumer's right to withdraw from the Contract is excluded in cases listed in the Act on Consumer Rights, in particular if the Service Provider has performed a Service in full with the express consent of the Consumer and the Consumer had been informed prior to the performance of the Service that its right to withdraw from the Contract would be denied upon the performance of the Service. The Service Provider also emphasises that, in accordance with the aforementioned legal regulations, the right to withdraw from a contract is also excluded for contracts for the provision of services consisting in carriage of goods, if the contract indicates the day/period of performance.
- The Consumer may make a statement of withdrawal from the Contract independently or using a model statement of withdrawal available on the Website. Upon receipt of the Consumer's notice of withdrawal from the Agreement, the Service Provider shall send a confirmation of receipt of the notice of withdrawal from the Contract to the Consumer's e-mail address.
- The User may submit complaints regarding the Services provided as part of the Website, in particular in case of their non-performance or improper performance.
- Complaints may be submitted in writing or by e-mail, to the Service Provider's addresses indicated in item I of these Regulations.
- A complaint should include the User's full name, correspondence address, type and description of the problem.
- The Service Provider undertakes to examine each User complaint within 30 days. If it is impossible to handle a complaint within the time limits referred to in the previous sentence, the Service Provider shall inform the User of a new time limit, within which the complaint will be handled. In case of any missing information in the complaint, the Service Provider shall request that the User supplements the missing information to the extent necessary within 7 days from the date of receipt of the request.
- The Service Provider provides the Users with a platform to conclude Transport Contracts, but it is not a party to them. Therefore any complaints regarding performance or non-performance of Transport Services should be reported directly to the Transport Provider or to the Customer.
- The User, which is a Consumer has, among others, the following options of using out-of-court ways of dealing with complaints and asserting claims:
- is entitled to apply to the regional Trade Inspectorate inspector for mediation proceedings regarding amicable termination of a dispute between two Users;
- it may also lodge a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
Information on how to access the aforementioned dispute resolution procedures are available at: www.uokik.gov.pl
under "Consumer dispute resolution".
XIII. PERSONAL DATA PROTECTION
- A Transport Provider is an independent administrator of the personal data of Orderers, with which it has concluded Transport Contracts.
XIV. FINAL PROVISIONS
- These Regulations are made continuously and freely available by Clicktrans on the Website, in a way which enables Users to acquire, reproduce and record their content by printing or saving it on a Transport Provider at any time using the IT system operated by the User.
- No part of these Terms and Conditions may be reproduced or published without the Service Provider's written consent.
- Unless otherwise stipulated by mandatory provisions of law, any disputes arising in connection with these Regulations shall be governed by the law of Poland. Any disputes arising hereunder, to which an Entrepreneur is a party, shall be resolved before a common court of law with jurisdiction over the Service Provider's registered office.
Unless the User which has the registered Account accepts the new content of the Terms of Service, the User shall be obliged to inform the Service Provider about non-acceptance of new provisions of the Terms of Service via an e-mail sent to the proper e-mail address indicated in item I of the Terms of Service within 15 days from the date of receiving the information about the change of the Terms of Service. Non-acceptance of new provisions of the Terms of Service by the User shall result in termination of the Contract for the provision of Services on the Website.
- The Service Provider is also entitled to present any amendments of the Terms of Service and receive the acceptance of those amendments from the Users with registered Account upon logging into the User Account. If the User does not accept amendments of the Terms of Service, the Contract for Account Services will be terminated with the elapse of 15 days from refusal of acceptance provided that the acceptance will not be expressed by the User during that period of time. If the User expresses the acceptance to the amendments of the Terms of Service, the new amended provisions of the Terms of Service shall apply to the User from the date of their acceptance.