§ 1
GENERAL PROVISIONS

The website is made available to Customers by Trans.info sp. z o.o. with its registered office in Wrocław, ul. Racławicka 2-4, 53-146 Wrocław, Poland, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under KRS number: 0000751609, with share capital of PLN 517,250.00, NIP number: 8961581580, REGON number: 381491570, e-mail: en@trans.info.
These Terms and Conditions specify the conditions of using the Website, including the principles of providing electronic services on the Website by Trans.info sp. z o.o. within the meaning of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2020, item 344, as amended).
Use of the Website requires acceptance of these Terms and Conditions and is based on the content of these Terms and Conditions and the applicable legal provisions, with the applicable legal provisions taking precedence in the event of any possible conflict. The Customer is obliged to communicate these Terms and Conditions to the User acting on his/her behalf and for his/her benefit.
The Service Provider declares that the Services offered by the Service Provider can only be used by Customers. The Service Provider does not consent to the use of the Services by consumers. Consumers use the Services at their own risk and responsibility.
The Customer declares that, by using the Services, he/she enters into an agreement for the provision of electronic services within the framework of and in connection with his/her business activity, which is of a professional nature for him/her, arising in particular from the subject matter of his/her business activity.
The Service Provider reserves the right not to provide the Services to entities competing with the Service Provider, or to consumers who are not Customers.
Customers have the possibility to use third-party websites and services via the Website by means of appropriate links to third-party websites. In the situation described in the preceding sentence, the terms and conditions or other documents laid down by the third parties providing the service or website in question shall apply, and the Service Provider is not a party to the agreements for the provision of electronic services concluded between the Customer and the third party. Liability for services provided to Customers by third parties is determined by the respective agreements concluded by the Customer with the third parties.
Trans.info sp. z o.o. represents that it has the status of a large entrepreneur within the meaning of Annex No I to the Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain types of aid compatible with the internal market in application of Article 107 and 108 of the Treaty (Official Journal of the EU L 187 of 26.06.2014).

§ 2
DEFINITIONS

E-magazine -Magazine of Transport Managers published by the Service Provider.
Form – a web form used by the Service Provider, enabling the Customer to provide the Service Provider with data (including personal data) necessary, for example, to set up an Account, contact the Service Provider, receive a Newsletter, sign up for a Webinar.
Password – any sequence of characters selected by the User/Customer during the Account registration process.
Account – an account created during the registration process on the Website, for the purpose of providing selected Services. The Account is used on behalf of the Customer by the User indicated in the Form.
Login – the email address of the User/ Customer or the TransID of the Customer necessary to access the Account, provided during the registration of the Account.
Materials – texts, photographs, graphics, charts, video materials, multimedia materials, etc., in particular constituting a work within the meaning of the Act on Copyright and Related Rights (Journal of Laws 2021, item 1062, as amended) posted on the Website by the Service Provider.
Newsletter – an electronic letter sent by the Service Provider, with the consent of the Customer, to the e-mail address provided in the Form.
Partner – any entity cooperating with the Service Provider on the basis of a relevant agreement.
Terms and Conditions – these terms and conditions.
Website – an organised Internet platform consisting of pages and other Internet tools made available via the Internet and available at https://trans.info/ and under relevant sub-domains in various language versions, which is an online information publication in the following fields: transport, forwarding, logistics, belonging to the Service Provider.
TransID – a unique identification number assigned to a Customer at the time of registration of an account on the Trans.eu Platform (Partner’s online B2B platform, available at www.platform.trans.eu.).
Services – the services provided electronically by the Service Provider to Customers and available on the Website, in particular the browsing service – enabling Customers to view Materials on the Website, and the following services, among others:
1. Account service,
2. commenting service – making it possible for a User/Customer with an Account on the Website to express himself/herself by posting comments on Materials and for these to be displayed by the Service Provider on the Website and making space available on the Service Provider’s servers for the purpose of storing the data constituting the comments,
3. Newsletter service,
4. Contact Form service,
5. search service – enabling the Customer to remotely use IT mechanisms to search for and display data stored on the Service Provider’s servers (e.g. search engine for content posted on the Website),
6. making the E-magazine available to the Customer,
7. making Webinars available to the Customer,
8. use of the Website’s IT mechanisms.
Customer – an entrepreneur, understood as a natural person, a legal person and an organisational unit which is not a legal person and to which a separate act grants legal capacity – performing a business activity on its own behalf, to whom electronic services may be provided, and who uses the Website in any way. In the case of a Customer who is a natural person, he/she may also be a User.
Service Provider – Trans.info sp. z o.o. with its registered office in Wrocław, ul. Racławicka 2-4, 53-146 Wrocław, Poland, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under KRS number: 0000751609, with share capital of PLN 517,250.00, NIP number: 8961581580, REGON number: 381491570.
Act on providing electronic services – Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2020, item 344, as amended).
User – a natural person who acts for and on behalf of the Customer within the meaning of Article 97 of the Act of 23 April 1964 Civil Code (Journal of Laws of 2022, item 1360, as amended), in particular by using the Account and commenting. The User shall be held fully liable for his/her acts and omissions, in particular those resulting in a breach of these Terms and Conditions.
Webinar – a webinar, online training or presentation conducted using webcast technology - i.e. the transmission of video, audio and text in real time (live) via a web browser, to which the Customer is given access after completing the Form, and which is organised by the Service Provider or Partner.

§ 3
CONCLUSION AND TERMINATION OF AGREEMENT FOR THE PROVISION OF ELECTRONIC SERVICES

As part of the Website, the Customer may use, in particular, the Services which include viewing the Materials available on the Website.
The provision of Services to Customers shall take place under the conditions set out in these Terms and Conditions, with the exception of services described in separate terms and conditions or purchased under separate agreements.
The conclusion of the agreement for the provision of browsing services between the Service Provider and the Customer occurs when the Customer enters the relevant URL of the Website in the Internet browser, whereas the termination of the agreement for the provision of browsing services occurs when the Customer closes the Website.
The procedure and conditions for the conclusion and termination of agreements for the provision of services provided by third parties set out in separate terms and conditions shall be specified in the individual terms and conditions for those services.
The Customer’s use of the Services and the Website itself is free of charge. The provision of fee-based services shall take place in accordance with the rules set out in separate terms and conditions for such services.
The Customer is granted access and use of the Website for an indefinite period of time. The Customer may terminate any agreement for the provision of Services described in the Terms and Conditions at any time, without giving any reason and with immediate effect. The Service Provider may terminate the agreement for the provision of the Services by giving 14 days’ notice.
Access to certain Services may be subject to:
The Service Provider is entitled to place advertising content on the Website relating to the services and goods of the Service Provider or Partners.

§ 4
ACCOUNT

The Website allows the Customer to register an Account on the Website by:
1. first login to the Website using accounts in other services, e.g. the Trans.eu Platform, Facebook, Google+ and others, which will be integrated with the Website, and agreeing to create an Account and importing basic data from the aforesaid services, as well as accepting the terms and conditions and privacy policy of a given service,
2. completing the Form available on the Website homepage.
Any subsequent login will be carried out using the Login and Password or via the automatic login feature available as part of the integration of the systems referred to in section 1(a) above.
The Customer may register multiple Accounts on the Website, provided that he/she indicates a different User in the Form each time. Each User may only use one Account. If a User’s Account is blocked, the Customer is not entitled to create another Account for this User.
The Customer declares that the data provided by him/her does not infringe the rights of third parties and is true and up-to-date.
The Customer is obliged to ensure that his/her data and User data are accurate and up-to-date.
The Account and Account data may not be shared with third parties.
Accounts belonging to third parties may not be used.
Violation of the provisions of these Terms and Conditions by a User/Customer, in particular by impersonating another User/Customer, setting up more than one Account for the same User, setting up another Account for a blocked User, constitutes a violation of the Terms and Conditions and may result in the blocking of the Account.
The User/Customer may delete his/her Account at any time, without stating any reason, by selecting the “delete account” option in the Account administration panel, which is equivalent to the termination of the agreement for the provision of electronic services.
The Customer acknowledges that despite the deletion of the Account or individual data, a backup copy of the deleted content may be stored for a reasonable period of time (but will not be made available to others) and that it will remain on the Internet as a result of secondary use, which remains the responsibility of third parties (e.g. Google).
The User, on behalf of the Customer, is entitled to make representations and enter into commitments on the Website.

§ 5
COMMENTING

By setting up an Account, the Website’s commenting service can be used.
Displaying a comment will take no longer than displaying the Material to which the comment is linked.
If the comment constitutes a work within the meaning of copyright law, the User/Customer grants the Service Provider a royalty-free licence to use the work in the following fields of exploitation:
1. in terms of recording and reproducing the work – production of copies of the work using a specific technique, including printing, reprography, magnetic recording and digital technique,
2. in terms of trading in the original or copies on which the work has been fixed – marketing, lending or leasing the original or copies,
3. in terms of dissemination of the work in a manner other than that specified in point b above – public performance, exhibition, display, reproduction, broadcasting and re-broadcasting, as well as making the work available to the public in such a way that anyone can access it from a place and at a time individually chosen by them.
The Service Provider is entitled to grant sub-licences.
Without prejudice to the other provisions of the Terms and Conditions, it is prohibited to publish comments containing:
- foul language,
- offensive content,
- advertisements or messages which constitute disguised advertising,
- links to other websites,
- content that violates the copyrights or personal rights of third parties,
- content inciting racial, religious or ethnic hatred or content advocating violence and a totalitarian state system,
- content that is otherwise contrary to the law, the rules of social conduct or good morals.
The User/Customer posts comments solely at his/her own risk subject to § 2 section 16 of the Terms and Conditions.
The Service Provider is not obliged to monitor the content of comments posted by Users/Customers on the Website. Anyone who becomes aware that content posted by a User/Customer is unlawful or in breach of the Terms and Conditions may inform the Service Provider of the fact and place where such content was posted, by e-mail at: en@trans.info.
The Service Provider has the right to remove a comment published on the Website by the User/Customer if it constitutes a breach of the Terms and Conditions or is contrary to generally applicable law.

§ 6
NEWSLETTER

The Customer may order a Newsletter service by completing the Form, also during Account registration.
The Service Provider shall address correspondence to the Customer related to the provision of the Newsletter to the e-mail address indicated in the Form.
A Customer who orders a Newsletter subscription, which contains commercial information within the meaning of the Act on providing services by electronic means, has the possibility to express his/her voluntary consent to receive in electronic form, at the electronic mail address (e-mail) indicated in the Form, any commercial information originating from the Service Provider or Partners.
The use of the Newsletter service is subject to the Customer having an electronic mail (e-mail address).
Each Newsletter sent under the Terms and Conditions will contain information on the sender, a completed subject field in the e-mail and information on how to unsubscribe from the Newsletter or change the parameters of the service.
The Newsletter may contain advertising content relating to the services and goods of the Service Provider or Partners.
The Customer has the right to unsubscribe from the Newsletter at any time, which is tantamount to termination of the agreement for the provision of electronic services.
The revocation of the Customer’s consent to receive commercial information by electronic means shall entitle the Service Provider to immediately discontinue the Newsletter subscription service to that Customer to the extent that it contains commercial information for which the Customer’s wish to receive it in electronic form has been revoked.

§ 7
OTHER SERVICES

The Website allows users to contact the Service Provider directly via the Form available on the Website under the “CONTACT” tab.
In order to use the Contact Form, users must provide their first name, surname, e-mail address and the content of the message addressed to the Service Provider.
The Service Provider responds to Customers’ messages sent using the Form within 14 days to the e-mail address provided in the Form.
The Website makes it possible to search for Materials on the Website through a search engine available on the Website’s homepage.
To use the search service, users need to enter the desired content into the search engine. In response, the Website will indicate the Materials corresponding to the searched content. Materials can be sorted by date and relevance.
The Website makes the E-magazine available under the “E-MAGAZINE” tab. Customers can view the E-magazine in a web browser and download it in pdf format.
To use the E-magazine sharing service, after selecting the “E-MAGAZINE” tab, users should select the desired copy of the E-magazine by clicking on “Free download”. It is also possible to view and download the latest copy of the E-Magazine by selecting the “Download the new Magazine of Transport Managers” tab.
Upon downloading the E-magazine, the Service Provider grants the Customers a non-exclusive and non-transferable licence to use the E-magazine exclusively for the Customers’ own purposes. Customers are not entitled to reproduce and/or market the content of the E-magazine as their own content or to grant sub-licences.
The Website provides access to Webinars. In order to use the Webinar sharing service, upon selecting the “WEBINARS” tab or any other tab indicating the possibility of signing up for a Webinar, users must complete the Form.
Webinars are made available via a web browser on the Website as well as on the Partners’ websites. A link to the Webinar is sent to Customers at the e-mail address provided in the Form.
The Service Provider reserves the right to refuse the Customer’s participation in a webinar without giving a reason.
The Service Provider reserves the right to send a Webinar reminder prior to the Webinar date to the e-mail address provided in the Form.
With the registration for a Webinar and the sending of a link to the Webinar in the manner indicated in § 7 section 10 of these Terms and Conditions, the Service Provider grants Customers a non-exclusive and non-transferable licence to use the Webinar exclusively for the Customers’ own purposes. Customers are not entitled to reproduce and/or market the content of the Webinar as their own content or to grant sub-licences.
Sharing links to Webinars with third parties is prohibited.
Recording of the content and course of Webinars is prohibited. In the event of a breach of this prohibition, the Service Provider may block access to the Webinar.
During Webinars, visual contact with other Customers is not possible, but questions can be asked via chat.
The Service Provider shall take the utmost care to ensure that Webinars are conducted by competent trainers who are knowledgeable in the subject of the Webinar.
The Service Provider declares that Webinars are prepared with the utmost care and ensures that they are free from any legal defects.
The Service Provider reserves the right to change the schedule of the Webinar or to alter the basic parameters of the Webinar, including the date of the Webinar or its cancellation, for important reasons or reasons beyond the Service Provider’s control. The aforesaid changes may not constitute grounds for any claims against the Service Provider.
If the Customer violates the law, the rules of social coexistence or good morals during the Webinar, the Service Provider shall be entitled to block the Customer’s access to the Webinar after a prior warning to the Customer.
The Service Provider shall give Customers the opportunity to re-broadcast completed Webinars by accessing the archived version of the Webinar under the link held by the Customer.

§ 8
TERMS OF USE OF THE WEBSITE BY THE CUSTOMER

Without prejudice to the other provisions of the Terms and Conditions, when using the Website, the Customer may not:

upload unlawful content to the Website,
publish messages, articles and other forms of communication of a commercial nature not authorised by the Service Provider, as well as those infringing the rights of third parties, the law, the rules of social coexistence or good morals,
send unsolicited commercial information within the meaning of Article 10 of the Act on providing services by electronic means (in particular in the form of spam),
use the Website for direct marketing as referred to in Article 172 of the Telecommunications Act (Journal of Laws 2022, item 1933, as amended),
distribute anonymous unsolicited bulk mail (so-called spam), regardless of its content,
collect content and data of other Customers and otherwise access the Website using automated tools (e.g. collection bots, robots, spiders or copy programs),
engage in illegal multi-level marketing, e.g. pyramid schemes,
transmit viruses and other types of malicious code,
phish for login data or access an Account belonging to another User/Customer,
use the Website and individual Services in a manner that violates personal rights and interests (in particular intellectual property rights, personal interests such as image, dignity, good name) of other Customers and the Service Provider,
carry out any action that might disable, overburden or impair the proper functioning and appearance of the Website, such as an attack that would result in the blocking of service, interference with the display of the Website or other functions.

§ 9
RESPONSIBILITY

The Customer is responsible for:
1. the manner in which the Customer uses the Website and the consequences thereof,
2. damages resulting from the culpable actions of the Customer which are not in accordance with applicable law or the provisions of these Terms and Conditions,
3. information downloaded from the Website, the effects of its use by the Customer and its suitability for the Customer,
4. acts and omissions of the User/Customer.
The Customer is aware of the risks of the Internet, especially with regard to possible intrusions into the Customer’s system, interception of passwords by third parties, infection of the Customer’s system with viruses and the damage that may result. The User/Customer is obliged to keep his/her Password confidential.
The Service Provider:
1. shall not be responsible for the content published by the User/Customer in accordance with Articles 14 and 15 of the Act on providing services by electronic means,
2. shall not be responsible for the User's/Customer's failure to comply with the technical conditions indicated in these Terms and Conditions, including the provision of incorrect data, which will prevent the use of particular Services,
3. shall not be responsible for disruptions to the Website and individual Services caused by force majeure, equipment failure, database and server overload,
4. shall be responsible for the services provided by electronic means under the terms of the Act on providing services by electronic means,
5. shall use its reasonable endeavours to ensure that the Website and all Services made available through it operate without interruption of any kind, but does not guarantee the uninterrupted operation of the Website and the Services available thereon,
6. informs that technical problems or limitations of the computer equipment used by the Customer (firewalls, inadequate versions of the media player, anti-virus software and others) may restrict or prevent the Customer from accessing the Website, the Services or affect their quality,
7. reserves the right to restrict selected Customers from accessing some or all of the Materials presented on the Website, in the event that such Customers use hardware or software that restricts or disables the publication of certain content from the Website,
8. has the right to close the Website and terminate the Services at any time.

§ 10
INTELLECTUAL PROPERTY

The Website and the Materials contained therein, including works, trademarks, Webinars, their selection and compilation in the Website, are subject to the protection provided for in the applicable laws in this regard, in particular the Act on Copyright and Related Rights and the Act on Combating Unfair Competition of 16 April 1993 (Journal of Laws of 2022, item 1233, as amended).
The rights to the Materials belong to the Service Provider or third parties, including Partners. If the rights in question are vested in third parties, the Service Provider shall present the Materials on the Website on the basis of the relevant agreements concluded with these parties, in particular licence agreements and agreements on the transfer of author’s economic rights, or on the basis of the legislation in force in this regard.
By using the Materials made available on the Website, Customers do not acquire any rights or licence to the Materials.
Without the prior consent of the Service Provider, Customers may only use the Website and the Materials within the framework of permitted use as designated by the provisions of the Copyright and Related Rights Act, and such use may not infringe on the normal use of the work or harm the legitimate interests of the Service Provider and third parties. In particular, the following is not permitted:
1. making, in particular for commercial purposes, copies, reproductions, modifications, blocking of the Website or parts thereof, as well as individual Materials made available on its pages,
2. dissemination (including dissemination for information purposes to the press, radio, television and in such a way that everyone has access to the material at a time and place of their own choosing) of the material published on the Website, including current articles, reports, interviews and other works on any subject (including political, economic and religious subjects).
Any use of the Materials other than that specified in the Terms and Conditions without the Service Provider’s prior express written consent is prohibited, and infringement of the Service Provider’s (or third parties’) rights in the protected works will result in liability under civil and criminal law. Any queries on this subject should be directed to the e-mail address: en@trans.info.

§ 11
CONFIDENTIALITY

Unless otherwise permitted by these Terms and Conditions, neither party may disclose the other party’s trade secrets to third parties. However, either party may disclose such information to the extent that the information:
1. is or has become known to the public otherwise than as a result of a breach of these Terms and Conditions,
2. has subsequently been obtained by the recipient from a third party who, to the knowledge of the recipient, is under no obligation to keep that information confidential vis-à-vis the disclosing party,
3. was known to the recipient of that information at the time of disclosure or was later independently created,
4. has been disclosed in order to enforce the rights of the recipient of such information under this Agreement,
5. must be disclosed under applicable laws, court procedures or professional regulations.
Unless prohibited by law, the Service Provider has the right to disclose the Customer’s and User’s information to other companies in the Service Provider’s group, employees and associates and third parties providing services to the Service Provider. The Service Provider shall be responsible to the Customer for maintaining the confidentiality of the Customer’s information.

§ 12
PERSONAL DATA PROTECTION

The controller of the personal data of the Customer and the Website Users is Trans.info Sp. z o.o. with its registered office in Wrocław at Racławicka 2-4, 53-146 Wrocław, contact: en@trans.info (hereinafter the “Controller”).
The legal basis, the purpose, the duration of the processing of personal data and the applicable rights, as well as other important information regarding the principles of processing personal data in the Controller’s ICT networks are detailed in the Privacy Policy.

§ 13
COMPLAINTS AND DISPUTES

The Customer has the right to lodge a complaint on matters relating to the functioning of the Website and the Services provided within its scope.
Complaints should be submitted in writing to: Trans.info Sp. z o.o. with its registered office in Wrocław at ul. Racławicka 2-4, 53-146 Wrocław, Poland or by e-mail to: en@trans.info.
Complaints will be processed within 14 days of receipt.
A response to the complaint will be sent to the e-mail address indicated by the Customer or, in the case of a complaint made by post, to the address indicated by the Customer.
The Service Provider reserves the right to extend the time limit specified in section 3 above – by no more than 10 days – if the investigation of the complaint requires unusual, special measures and arrangements or encounters obstacles beyond the Service Provider’s control (equipment failures, Internet access, etc.), or to obtain additional explanations from the Customer.
The competent court for disputes arising between the Service Provider and the Customer shall be the court with jurisdiction over the Service Provider’s registered office.

§ 14
TECHNICAL REQUIREMENTS

The following are required to use the Website:
1. a device with access to the Internet with a correctly configured, up-to-date version of a web browser,
2. an active e-mail account – in order to register an Account, receive the Newsletter, receive a reply to a message sent via the Contact Form and use other Services that require this,
3. software for displaying pdf files – to display the E-magazine.
Separate terms and conditions for individual Services may stipulate additional technical conditions necessary for the use of those Services.

§ 15
FINAL PROVISIONS

Unless otherwise provided by mandatory provisions of law, the law of Poland shall govern agreements between the Customer and the Service Provider.
The Service Provider reserves the right to amend the Terms and Conditions in the event of the occurrence of at least one of the following important reasons (closed catalogue):
1. a change in the law governing the provision of services by electronic means by the Service Provider affecting the mutual rights and obligations set out in the Terms and Conditions;
2. the need for the Service Provider to comply with orders, rulings, provisions or guidelines arising from:
  - a decision of a public administration body competent in the scope of the Service Provider’s activity affecting the mutual rights and obligations set out in the Terms and Conditions;
  - a court ruling applicable to the scope of the Service Provider’s activity affecting the mutual rights and obligations set out in the Terms and Conditions;
3. a change in the manner in which the Service Provider provides services by electronic means due solely to technical or technological reasons (in particular updates to technical requirements);
4. a change in the scope or principles of the Service Provider’s provision of services to which the Terms and Conditions apply, through the introduction of new, modification or withdrawal by the Service Provider of existing functionalities or services covered by the Terms and Conditions;
5. a merger, demerger or transformation of the Service Provider or change of the Service Provider’s data.
The Service Provider shall give at least 14 days’ notice of any change to the Terms and Conditions on the Website.
Previous versions of the Terms and Conditions are published on the Website.
Matters not covered by these Terms and Conditions shall be governed by Polish law, in particular the Civil Code Act and the Act on providing services by electronic means.
The appendices to the Terms and Conditions form an integral part thereof.
The Terms and Conditions are available at: https://trans.info/en/rules.

Matthias Klagge, LL.M.

Articles de l'auteur