Regulations en

Regulations

§1. General provisions

The main purpose of the Application is to provide the Users with the possibility to manage transport orders.
The Service Provider renders services in accordance with the Terms and Conditions and regulations of generally applicable law.
The Service Provider shall give access to these Terms and Conditions through the Application and on the website cargonection.com. The Users may, at any time: access the Terms and Conditions, save, obtain and open them by downloading them onto a data carrier.
The information provided on the website of the Application does not constitute an offer within the meaning of Art. 66 of the Civil Code, but invites the Users to make their offers for conclusion of an agreement, pursuant to Art. 71 of the Civil Code.
Provision of services takes place through the Application or via the website cargonection.com, 24 hours a day, 7 days a week.
In order to use the Application, the User must have:

a mobile IT device with access to the Internet,
an active and properly configured electronic mail account,
a properly installed and configured Android operating system, in the current or previous version,
an active and properly configured GPS service in mechanical vehicles,
access to the User Account.
Using the Application may result in fees incurred by the User for access to the Internet and data transmission, within the scope determined with the telecommunications operator whose services are used by the User.
The use of the Application takes place through learning about its contents.

§2. Account registration

In order to create a User Account, one must go through the voluntary and free registration process.
Creation of a User Account with manager status requires filling in and sending a registration form to the Service Provider, where such a registration form can be found in the Application or on the website cargonection.com.
Creation of a User Account without the manager status requires the data to be input by a User with the manager status.
In order to ensure correctness of the filled in registration form, it is necessary to complete all its mandatory and, eventually, optional fields by using true and complete data and information regarding the User.
Before sending the registration form, the User must tick the declaration that he or she has read the Terms and Conditions and accepted their provisions.
The agreement for services of User Account management shall be concluded for an indefinite period, upon confirmation of the registration of such an account by the Service Provider.
The subject of this service of User Account management is the access to the User Account panel that allows, among others, managing User’s data, services or functions, depending on the level of authority resulting from the status of the User Account.
In order to use the User Account, one must create it and then log in to that Account with the correct login and password.
Termination of the agreement for services of User Account management can be performed without stating a reason and at any time, by using its function or by sending a User statement on that subject to the Service Provider, e.g. via e-mail or standard mail service.

§3. Free trial

The Service Provider allows one free trial period for the use of services.
In order to start the trial period, one has to register a User Account.
The subject of services offered as a part of the trial period means access to functions of the Application for a limited time.
After the period is over, the provided functions become deactivated and the input data and information are removed.

§4. Ordering license plans

Orders for License Plans can be placed via the Application or the website cargonection.com, 7 days a week and 24 hours a day.
Orders in favor of companies can be placed solely by persons authorized to represent such companies.
To place an order, it is necessary to log in to the User Account:

in the case when the User is a logged-in owner of the User Account, he or she will be taken to the next stage of order placement as a logged-in User,
in the case when the User is not a logged-in owner of the User Account, he or she may log in to such account or register a User Account during the process of order placement.
In further stages of the order, the User shall input, select or confirm:

the address details,
details for the VAT invoice.
Before the order placement, the Customer receives information on the total price for the order, including taxes, by displaying it.
Placing an order shall be treated as filing to the Service Provider an offer regarding conclusion of an agreement for provision of services completed in the order.
Before sending the order form, the User must tick the declaration that he or she has read the Terms and Conditions and accepted their provisions.
The declaration of intent concerning the conclusion of an agreement with the Service Provider, submitted through acceptance of the Terms and Conditions, shall include their provisions.
One confirms acceptance of the Terms and Conditions by ticking the confirmation box next to the declaration on acceptance of provisions of the Terms and Conditions and reading their contents. The declaration includes a hyperlink to the Terms and Conditions.
Declarations of intent submitted in the manner provided for in §5 points 7 and 8 of the Terms and Conditions shall constitute an offer pursuant to Art. 66 § 1 of the Civil Code.
Pursuant to Art. 66¹ § 1 of the Civil Code, the placed offer shall be binding for the Organization, if the Service Provider immediately confirms receiving it.
Confirmation of acceptance of the order for implementation shall be sent via an e-mail message sent to the User’s e-mail address.

§5. Extension of license plans

Extensions of License Plans shall utilize standard conditions for placement of orders and payments, subject to conditions below.
The new agreement for provision of services as a part of a new License Plan shall be concluded under the condition that the fee for the new period of License Plan has been paid.
Payment of the fee for the new License Plan, made not later than within the deadline indicated in the information sent by the Service Provider, shall guarantee the continuity of provision of services.

§6. Payments

The amount of the fee shall be determined on the basis of the price list in the Application and on the website cargonection.com at the time of placement of the order.
Prices have been expressed in the gross value, in Polish zlotys, and include VAT.
The total price of the order, visible before placement of the order, shall include the price, tax obligations, and all derivative costs.
The total price of the order shall be binding for the Service Provider and the User.
The Service Provider shall allow payments by transfer to the Service Provider’s bank account.
The payment deadline shall be 7 days from the date of the order placement.
The User agrees to receive invoices in an electronic form.
The payment shall be returned by the Service Provider immediately, not later than within 14 days from the date of the cause, when the Service Provider accepts a claim covered by a complaint, fully or partially, based on commonly applicable regulations of law.
The payment shall be returned by using the same method used by the User in the original transaction, unless they give consent to a different solution that will not give rise to any costs on their side.

§7. Scope of services

The subject of services rendered by the Service Provider is access to functions of the Application for a limited period based on License Plans.
Functions of the Application allow handling of transport orders, communication with the User’s partners, monitoring of changes in the orders, assigning and changing their statuses, reminders on orders, and alarm notifications in case of exceeded deadlines.
Detailed information on the range of functions of the Application has been published on the Application website.
In order to use the services, one must have a User Account and be logged in.

§8. Complaints

Complaints can be submitted by letter or e-mail sent to the postal or electronic address of the Service Provider.
Complaints can be submitted vie the form the template of which has been included in the annex to the Terms and Conditions.
The complaint must include a description of the problem and identification details of the User.
The Service Provider shall consider complaints within 30 days from the date of submission.
It is recommended that contents of the submitted complaint should include the User’s contact details that will be used to reply to the complaint and handle related correspondence.
The Service Provider shall inform the User on the method of settlement of a complaint under warranty received by electronic means or standard letter, depending on the User’s intent or the method they used to submit the complaint.

§9. Withdrawal from the Agreement

The right to withdraw from the remote agreement shall not apply due to the fact that the services are used by the User for purposes directly connected with conducted business activity.

§10. License conditions – using the Application

Upon downloading and installing the Application and registering a User Account, the Service Provider shall grant the User a license to use and utilize the Application subject to these license conditions.
The Service Provider shall grant the Users using the Application a free license within the scope of own personal use and in order to allow the usage of the Application, subject to the conditions below.
The name of the Application, the graphical design of the Application, the structure of the Application, the Application itself, its source code and compilation, websites used to manage the Application and any documents prepared by the Service Provider due to providing access to the Application, including related pieces of work, such as the Terms and Conditions or other documents or messages sent in relation to provision of services shall constitute works within the meaning of copyright regulations. The Service Provider shall not transfer to the User any financial copyrights to the Application or any works being a part thereof, nor any right to grant permissions within the scope of disposal of financial copyrights to such works or the Application or to use them, as well as permissions to exercise any other derivative rights that have not been reserved in the license conditions.
The right to use the Application and works related thereto shall apply within the following areas of exploitation: saving and reproduction in the memory of a telecommunications device at any place and time, access and browsing through a telecommunications device at any place and time.
The User must not rent, lease or resell the works in any part, as well as must not create derivative works based on them, alter the works, remove the information on ownership rights or copyrights that might be displayed as a part of the works, use the works for purposes that are in breach with the applicable regulations of common law or ethical and moral standards.
The license shall be for an indefinite period, territorially unrestricted and non-exclusive and shall apply to the whole Application and works related thereto. The Service Provider shall have the exclusive right to decide on maintaining the integrity of the Application.

§11. License conditions – contents disclosed in the Application

By disclosing any contents in the Application, the User shall grant the Service Provider a free, indefinite, territorially unrestricted and non-exclusive license within the scope of the use of such contents in the following areas of exploitation: publishing in the Application, saving and reproduction in the memory of a telecommunications device at any place and time, access and browsing through a telecommunications device at any place and time, subject to the right to grant sub-licenses, in order to allow the Users use the Application.
By publishing a hyperlink to a website in the Application, both by linking or embedding, the User shall declare that they read the legal documentation of that website and the license terms and conditions regarding the use of works published on that website and that the above-mentioned documents give the User the right to publish the hyperlink in the Application, in accordance with the Terms and Conditions.
By publishing in the Application a link to a piece of work published on another website through embedding, the User declares that such a piece of work has been made publicly available and without any limitations, while it can be accessed without any requirement of logging in, subscriptions or payments.
The User acknowledges that it is prohibited to disclose in or via the Application any contents that:

are unlawful,
can be misleading for other Users,
are in breach with personality rights of the Users, the Service Provider or third parties.
The Service Provider shall have the right to remove or moderate contents that are in breach with the provisions of the Terms and Conditions.

§12. Data processing

The information on terms and conditions for the processing of personal data performed by the Service Provider have been provided in the Privacy and Cookie Files Policy of the Application.
Information of the used cookie files have been provided in the Privacy and Cookie Files Policy of the Application.

§13. Application and changes to the terms and conditions

These Terms and Conditions shall come into force within 3 days from the date on which they are published on the website cargonection.com.
Changes to the Terms and Conditions or termination of the agreement for services by the Service Provider may take place due to amendments in regulations of law regarding the subject of services, as well as due to technical or organizational changes regarding the services rendered by the Service Provider, especially in the following situations:

a change in the range of the functioning of services or functions offered by the Service Provider, including withdrawal of a service or a function that the provisions hereof apply to,
introduction of new services or functions, which provisions hereof will apply to, by the Service Provider,
a change in the IT systems used by the Service Provider that the provisions hereof apply to,
a change in regulations of law: governing the services offered by the Service Provider that the provisions hereof refer to, having an impact on the provision of services, performance of the agreement or Terms and Conditions, a change in tax regulations or accounting principles applied by the Service Provider, a change in or issuance of new court decisions, decisions of administrative bodies, instructions and recommendations of authorized authorities, including the President of the Office or Court for Competition and Consumer Protection – within the scope connected with provision of services, performance of the agreement or the Terms and Conditions,
a change made by the Service Provider in the business model of the conducted business activity covered by these Terms and Conditions.
Changes in the Terms and Conditions shall take place by publishing their new contents on the website of the Application.
The Service Provider shall publish information on changes in the Terms and Conditions on the website of the Application, not later than within 3 days before the date on which they enter info force. The information shall be published by giving access to the consolidated text of the Terms and Conditions on the website cargonection.com.
The Service Provider shall use electronic means to send the information regarding the change in the Terms and Conditions or termination of provision of services, if the parties are bound by an agreement for an indefinite period.
If the User does not accept the changes in the Terms and Conditions, they shall have the right to terminate the pending agreement for provision of services by electronic means.
The Service Provider shall have the right to terminate the agreement for electronic services subject to a notice period of 14 days.

§14. Final provisions

The meaning of capitalized terms shall be compliant with the explanation provided in the part describing the definitions used in the Terms and Conditions.
The Service Provider shall not be liable for:

delays in the proper functioning of the Application and undue provision of services that have been caused by Force Majeure, in relation to Users who are not Consumers,
delays in the proper functioning of the Application and undue performance of services in favor of Users who are not Consumers, caused by technical activities or reasons attributable to entities that the Service Provider uses to render their services,
loss of benefit by Users who are not Consumers.
In the case of lack of possibility to amicably resolve a dispute between the Service Provider and the User who is not a Consumer or is a Consumer residing outside the territory of the Republic of Poland, under circumstances allowed by legal regulations of their country, the dispute shall be resolved by the court competent for the Service Provider’s registered office.
With regard to Users who are not Consumers or are Consumers residing outside the Republic of Poland, in the case when the legal regulations of their country allow it, the law governing the agreement concluded with the Service Provider and governing resolution of related disputes shall be Polish law.
Provisions of the Terms and Conditions shall not exclude or limit the rights arising from regulations of commonly applicable local law that the User who is a Consumer is entitled to.
With regard to agreements concluded with the Service Provider, in the case of discrepancy between the Terms and Conditions and regulations of commonly applicable law of the Consumer’s country, such regulations shall be prevailing.
In the case in which provisions of the Terms and Conditions prove to be invalid or ineffective, such circumstances shall not be detrimental to the validity and effectiveness of other provisions herein. Invalid or ineffective provisions shall be replaced with a standard reflecting the arrangement between the parties or an arrangement they would agree on, if they included such a provision in the Terms and Conditions.

§15. Definitions used in the terms and conditions

Application stands for the mobile application called Cargonection that is administered and managed by the Service Provider and made available for the Users. The application can be accessed via the website cargonection.com.
Consumer is a User who is a natural person and concludes an agreement for purposes that are not directly related to business of professional activity they conduct.
User Account it a panel that allows using the services rendered by the Service Provider, after registration and logging in. If a User Account has the manager status, it can be used to manage such services.
Terms and Conditions constitute these terms and conditions the subject of which is provision of services by the Service Provider in favor of Users, via electronic means with the use of the Application.
License Plan is a variant of the service of giving access to the Application that supports processes of handling transport orders. Plans vary, especially in terms of the range of available functions, subscription period, person limits or individual limits.
Service Provider stands for CARGONECTION Sp. z o.o., with its registered office in Olsztyn (10-683) at ul. W. Trylińskiego 2, entered in to the Register of Entrepreneurs of the National Court Register under KRS number: 0000826397, NIP [Tax ID]: 739-39-36-853 and REGON [National Business Registry Number]: 385422381 that is the service provider, administrator and owner of the Application. One can contact the Service Provider by phone: 508326320 or via e-mail address: info@cargonection.com.
User is a natural person, provided that they have full legal capacity, who concludes an agreement for provision of services with the Service Provider in relation to their business and professional activity, in their favor or in favor of the company they represent.

COMPLAINT FORM

(this form can be filled in and sent back, if you want to file a complaint)

Addressee: CARGONECTION Sp. z o.o. with its registered office in Olsztyn (10-683) at ul. W. Trylińskiego 2 | info@cargonection.com

User’s First name and last name or company name:

User’s address:

User’s phone no.:

User’s e-mail address:

As contact data that will be used to reply to the complaint and handle related correspondence, I provide the following:

postal address:
e-mail address:

The complaint refers to:

Date on which the complaint was identified:

Description of the problem:

Complaint demand:

Complainant’s signature: