Trans.Info/TransPlace Regulations

1. GENERAL PROVISIONS
- Definitions TRANS.EU SYSTEM SUBSCRIBER – User of a derivative account registered in Trans.eu System, whose Account currently has the authorized and paid status. FORUM – discussion forum, fully available after logging in pursuant to provisions of point 2.1. GUEST – person not logged to the Service using it in the limited scope, pursuant to provisions of point 2.1. TRANSPLACE/TRANS.INFO – hereinafter referred to as SERVICE – information service allowing constant access to the most important news and industry events, and search of any necessary information from articles and Forum. TRANS.EU SYSTEM – Internet information-service platform dedicated to the transport, freight forwarding and logistics industry, accessible at www.trans.eu and other related addresses, covering all the services, information and documents, including the Business messenger, Load and Vehicle Exchange with integrated maps. CLOSED THREAD – thread on Forum available only to the Trans.eu System Subscribers RIGHTS – available in the User Profile tab allowing the User to set access rights for the third party to data provided by that User. USER – person who created an Account in the Service according to the provisions of point 2.2 of the Regulations. ADMINISTRATOR – Trans.eu Group S.A., a limited liability company residing in Wysoka, ul Chabrowa 4, 52-200 Wysoka, Poland, incorporated at the National Court Register by the District Court for the city of Wrocław – Fabryczna, VI Economic Division of the National Court Register under KRS number 0000720763, NIP (Tax Identification Number): 8942764658 and REGON (the National Official Register of the Economy Units): 932920615, holding the share capital of PLN 104,500.
2. REGISTRATION AND USAGE OF SERVICE
- The Service shall be used by:
  - User – within the scope of: viewing the content shared within the Service, in particular, articles and other publications, viewing and pursuing discussions in accordance with point 3, excluding Closed Threads, sharing content (i.e. Articles, photos, audiovisual works) from outside the Service (from the moment of sharing this functionality),
  - Trans.eu System Subscriber – in the full scope – e.g. with access to all the data and functionalities of the Service, in particular, Closed Threads on FORUM by activating the account during the first logon to the Service with TransID as a login and password to Trans Messenger or by auto logon available in Trans Messenger,
  - GUESTS – within the basic scope – with access to the content of publications only
  Account registration in the Service shall be conducted by:
  the first logon to the Service with the use of account from other services, i.e. Trans.eu System, Facebook social networking portal, Google+ and other ones that shall be integrated with the Service,
  and granting consent to creating the Account and importing essential data from the above-mentioned services,
  completing the registration form available on the main page of the Service.
- Every subsequent logon shall be conducted with the use of a login (e-mail/TransID as a login) and password via auto logon within the integration of systems referred to in point 2.2
- Impersonating another user/ creating a new account by a blocked user constitutes breaching the Regulations and shall result in blocking the User’s account.
- In the scope of using the Service the User/Guest/Subscriber shall not be allowe
  
  -publish notifications, articles and other commercial forms of communication not authorized by the Administrator,
  
  -send unsolicited commercial communication within the meaning of article 10 of Act on Providing Services by Electronic Means (in particular in the form of spam),
  
  -use the Service for direct marketing mentioned in article 172 of the Telecommunications Law,
  
  -send vast volume of anonymous and unexpected electronic mail (so-called spam) regardless of its content,
  
  -collect content and data of users and gain access to the Service in any other form with the use of automated tools (such as collecting bots, robots, spiders or copying programs),
  
  -conduct illegal multi-level marketing, e.g. financial pyramids,
  
  -send viruses and malicious code of other kind,
  
  -obtain logon data under false pretences and gain access to another person’s account,
  
  -use the Service in a manner that violates personal rights (in particular: personal interests such as image, dignity, good name) of other users and the Administrator,
  
  -perform any activities which may disable, overload or limit the proper functioning and appearance of the Service, such as an attack blocking the service, interfering with the display of the site or its functions
  
  -violate conditions related to the Forum (point 3), in particular within the scope of comments and content published in the Service.
3. FORUM
- The Forum available after logging into the Service allows free, yet respecting the rights of others and the law, the exchange of thoughts and views. The forum is public, which means that the User’s messages are accessible to all other Users, except for limitations regarding Closed Threads. Guests have limited access to the Forum, i.e. they shall not read or leave their own posts until they are registered in the Service.
- Abiding by the Forum rules is supervised by the Moderator, who shall be appointed by the Administrator and authorized to:
  - move Posts/threads to the relevant section/thread if case of their wrong placement,
  - remove or edit the Content, which following a notification, shall be deemed to be unlawful by virtue of Article 14 and 15 of the Act of 18 July 2002 on providing services by electronic means (Polish Journal of Laws 2002, no. 144, item 1204 with further amendments),
  - resolving disputes,
  - impose a penalty to the User of blocking access to the Forum for a fixed term: 24H, 7 days or permanent block in the case of persistent violation of the Regulations.
    
    The procedure of reporting and handling violations by the moderator is specified by point. 4.3 and the following below.
- Content published on the Forum shall be edited properly to the extent which allows clear and legible reception of the information conveyed in the respective section/thread.
- Formulation of opinions about other entities shall be permitted only within the Closed thread ‚Opinions on contractors’ on the basis of a recommendation or discouragement from cooperating with a given company on the condition that at the time of submitting the entry:
  - the evaluated entity shall be an authorized Trans Exchange User,
  - statements do not constitute an infringement of the law or good manners and are true,
  - the transaction which a given comment may concern, shall be concluded via the Trans.eu System (i.e. via ‚Accept offer’).
- Within the Service, in particular the Forum, it is prohibited to publish:
  - commercial information within the meaning of the Act on providing services by electronic means (including advertisements, promotional materials, PR messages, etc.) and other commercial content without a prior written (under pain of invalidity) consent of the Administrator,
  - threads containing lists of debtors, which constitutes a violation of the act on access to business information (Polish Journal of Laws of 2003, no. 50, item 424), on combating unfair competition (articles 14 and 26 of the above-mentioned Act).
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  - quoting, copying conversations from the Trans.eu messenger and other fragments of correspondence which infringe the secrecy of correspondence,
  - prohibition on distribution of personal data of third parties (which shall be understood as every set of information about a person sufficient to identify them), e.g. full name, initials with indication of a company name, photos, TransID, login) without their written consent,
  - prohibition to use non-truthful expressions, i.e. general terms such as ‚Company does not pay’, ‚cheater/thief’ (without a criminal conviction which confirms committing a crime),
  - content standing in contradiction to the Polish and international law related to pornography, drugs, encouraging racial, religious, ethnical hatred, etc., and content which is fascist, vulgar, promotes violence, offends religious feelings, infringes copyright and other people’s rights, etc.
  - content generally considered to be morally reprehensible, socially inappropriate and violating the rules of netiquette. The generally accepted principles of Internet etiquette shall also include:
    
    – prohibition of spamming (e.g. sending unwanted/unsolicited links to websites)
    
    – prohibition of excessive cross-posting (submitting the same posts in several threads simultaneously)
    
    – prohibition of flooding (multiplication of punctuation marks, letters, numbers, emoticons)
    
    – prohibition of trolling (intentional action to offend/ridicule another user to provoke discussion)
    
    – prohibition of soliciting people who have no desire for it
  - questions or problems, including the request for a reply to an e-mail address or other type of individual means of distance communication. The forum is open to the public exchange of and help to all the Forum members and Internet users.
4. PROTECTION OF RIGHTS OF THIRD PARTIES AND PUBLISHING CONTENT
- Subject to the provisions of point 3, within the scope of activities in the Service it is forbidden to publish content or perform any activity that violates or infringe the rights of another person or are not in accordance with the law in any other way (in particular regarding the protection of personal data, personal rights and intellectual property rights).
- The Administrator bears the right to remove any content or information published in the Service by the User provided that they constitute a violation of the Regulations or are contrary to the generally applicable law.
- If the User comes across any content that violates their rights, this infringement shall be reported to the Administrator (in the form of an official notice or reliable information about the unlawful nature of the data). Such a notice shall be analyzed immediately by the Administrator and in the case of confirmation of unlawfulness of the indicated data, it will be removed by the Administrator or edited by the User at the request of the Administrator, whereas the Users bear the responsibility to prove the unlawfulness of the post.
- Repeated infringement of the rights, especially intellectual property (i.e. copyright protection or trademark infringement) of other people, shall result in blocking the User’s account.
- In the case of collecting information from users, it is necessary to: obtain their consent, clearly state that it is the User (not the Administrator) collects data, and publish the privacy policy rules which discuss the collected information the way of using it.
- It is forbidden to publish on the Service identity cards of other persons and confidential financial information.
- It shall be forbidden to use trademarks, works and other elements being the subject of the Administrator’s intellectual property rights, and any deceptively similar marks, except for the cases where the Administrator grants permission to use them.
5. ACCOUNT SECURITY AND PRIVACY
- It shall be forbidden to provide false personal data to the Service and create an account for another person without their permission.
- The User shall create only one personal account.
- In the case of blocking the account, the User shall have no right to create another one.
- The User shall be obligated to take care of the reliability and validity of their data.
- It shall be forbidden to share a password, allow other users to access one’s own account and take any other actions which may lead to a decreased level of security and transfer the account to another person.
- If the User chooses a user name or similar identifier for an account or site being protected by separate rules for another person, the Administrator reserves the right to remove or revoke it if necessary.
- The User shall own all the content and information published by them in the Service and may determine the way of making them available via the Permissions (available under the Settings tab), subject to the provisions of point 4.
- In the case of content covered by intellectual property such as articles, photos and videos, the User who publishes them in the Service agrees for their distribution in any form (including the Internet) and in this scope grants the Administrator a non-exclusive, negotiable, including the right to grant sublicenses, free, territorially unlimited and for indefinite time license, allowing the use of any published content that is subject to intellectual property. This License does not expire with the removal of the content by the Administrator being subject to intellectual property or the account. The License includes in particular the following fields of use: copying, publishing, distribution, translation and revision.
- The User understands, however, that despite deleting the account or particular data, the backup of the deleted content may be stored for a reasonable period of time (but shall not be shared with others) and that, as a result of the secondary use, it shall remain on the Internet, which remains within the scope of responsibility of other entities (e.g. Google).
- The User agrees for the use of any opinions about the Service and any other suggestions related to the Service. However, the transfer shall be free of charge and the use of the User’s idea shall not constitute grounds for their claim for payment of any remuneration.
6. PROTECTION OF PERSONAL DATA
- The Administrator of personal data gathered in the Service is Trans.eu Group S.A. residing in Wysoka, ul. Chabrowa 4, 52-200 Wrocław 65, Poland, incorporated at the National Court Register by the District Court for the city of Wrocław – Fabryczna under KRS number 0000720763, NIP (Tax Identification Number): 8942764658 and REGON (the National Official Register of the Economy Units): 932920615, holding the fully paid share capital of PLN 104,500.
- The data shall be gathered and processed in order to use the Service. The data is provided voluntarily and all processing rules are specified in the Privacy policy available at http://www.trans.eu/en/privacy-policy. The user shall bear the right to access, modify and request to remove the provided data.
7. INFRINGEMENTS AND PENALTIES
- The Administrator shll have the right to block the User’s account in the Service if the User breaches the provisions of these Regulations, in particular when more than one Account is created for the same individual.
8. RESPONSIBILITY
- The Administrator shall not bear any responsibility for the content published by Users in accordance with article 14 and 15 of the Act of 18 July 2002 (Polish Journal of Laws 2002, no. 144, item 1204) on providing services by electronic means, subject to point 4.3 above.
- The Administrator shall not bear any responsibility for any disturbances in the operation of the Service caused by force majeure, hardware failure, database or server overload.
- The Administrator shall make every effort to ensure that the Service is running continuously, yet cannot guarantee its uninterrupted availability. The Administrator shall make every effort to ensure that Service is available at the level of no less than 90% per year.
- The Administrator shall be responsible only for damages caused by willful misconduct.
9. FINAL PROVISIONS
- The Administrator bears the right to unilaterally modify the provisions of these Regulations. The amendments come into force upon the inclusion of the revised text of the Regulations at trans.info/regulations