English
1. DEFINITIONS
ACCOUNT AUTHORISATION
The process of the User data verification.
DATA
All information required by the Service Provider in the process of the User ACCOUNT authorisation and registration.
ACCOUNT
The set of resources and rights within the Trans Instant Messenger assigned to the User. The Trans Instant Messenger includes the following types of accounts: the Initial Account and the Derivative Account.
INITIAL ACCOUNT
The User’s (entity’s) account with unique TransId prefix which is the basis for creating the Derivative Accounts.
DERIVATIVE ACCOUNT
The account of a natural person assigned to the Initial Account whose TransID is made up of the Initial Account prefix and the ordinal number.
TRANSID
The unique identification number assigned to each User upon registration according to the pattern X–Y, where X stands for prefix digits and is assigned to the Initial Account User, and the digits after the dash stand for the ordinal number assigned to the Derivative Account User.
INITIAL ACCOUNT USER
The User who has the Initial Account in the Trans Instant Messenger (it will not be necessary, because the initial account user is a business entity and the derivative account user is a natural person)
DERIVATIVE ACCOUNT USER
A natural person that has the Derivative Account in the Trans Instant Messenger created on the basis of the Initial Account. The User shall bear full responsibility for the acts or omissions, particularly those violating the Regulations, of the Derivative Account User.
ENTITLED USER
The Derivative Account User who registered the Initial Account and commenced the process of authorisation of this account and all their Derivative Accounts pursuant to the rules specified in the Regulations, or the Derivative Account User to whom the status of the Entitled User has been transferred. The Entitled User may contact the Administrator on the User’s behalf in the scope of all issues related to the Trans Web Site.
2. GENERAL PROVISIONS
2.1 This Appendix defines the terms and conditions of the user authorisation and Account registration.
2.2 The registration of the Account in the Trans Instant Messenger consists of:
a) the installation of the Trans Instant Messenger;
b) the conclusion of the Trans Licence Agreement;
c)the creation of the Account;
d) the authorisation of the User.
2.3 The principles of installation of the Trans Instant Messenger and the conclusion of the licence agreement shall be determined in the licence agreement.
2.4 The Account authorisation is a decision made by the Service Provider on the basis of these Regulations and the Service Provider’s internal verification procedures, with taking into account the protection of the Service Provider’s or Subcontractor’s and other Users’ business.
2.5 The Service Provider reserves the exclusive right to change the data required for the Account Authorisation. It is prohibited to change any Data required for the Authorisation by the User.
2.6 Refusing to grant the authorization, revoking the authorisation, blocking or other sanctions applied by the Service Provider pursuant to the provisions of this Appendix shall be applicable to all additional functions of the Trans Instant Messenger to which the User is entitled.
2.7 In the course of the account authorisation and registration process, each User shall give the true data about the User’s enterprise and about each Derivative Account User.
3. ACCOUNT CREATION
3.1 The creation of the Account shall consists of filling in the registration form and logging in to the Trans Instant Messenger.
3.2 The User shall be entitled to have one Initial Account.
3.3. Upon the registration, the User receives a TransId. Each User can have only one TransId number. In the case of the Users who have branches or run the business activity outside the registered office of an enterprise in a form of an organised part of the enterprise, the Service Provider reserves the right to consider each branch or each organised part of the enterprise as a separate User who should have their own Initial Account.
3.4 It is possible to create any number of Derivative Accounts assigned to an Initial Account for natural persons who stay in legal relationship, in particular pursuant to the employment contract, contract of mandate, contract of specific work.
3.5 Within 7 days of termination of the legal relationship referred to in point 3.2, :
a) the User shall send the Service Provider the request for the removal of a Derivative Account in written form (or in a form confirmed with a letter, e.g. scan/fax).
b) the Derivative Account User whose relationship has been terminated should inform the Service Provider about this fact.
The Service Provider reserves the right to delete the Derivative Account of the User after the lapse of the aforementioned time limit if the Service Provider finds on its own that the aforementioned legal relationship has been terminated.
3.6 Both the User and the Derivative Account User shall not – in any form:
a) use the Accounts of other Users/Derivative Account Users
b) make their Account available to other Users/Derivative Account Users
c) make their Account available to external persons and entities.
3.7 The User/Derivative Account User shall not give or accept orders on behalf of entities other than the Initial Account User with whose Account the User/Derivative Account User is registered.
4. ACCOUNT AUTHORISATION
4.1 Each User may obtain the data authorisation pursuant to the principles defined below.
4.2 In order to authorise the account, the User shall send the copies of the following documents to the Service Provider by fax, e-mail or by mail:
a) confirming the NIP (Tax Identification Number) assignment;
b) confirming the status of VAT payer;
c) confirming the address and contact data;
d) the current extract from the register of business activity or from the National Court Register;
e) legible photocopy of the identity card.
4.3 The Service Provider reserves the right of contact by phone to verify the address and contact data.
4.4 At any time, the Service Provider may condition the authorization or further use of the entire service by the User to submitting the officially certified documents specified in point
4.5 The confirmation of the User authorisation shall be sent by the Service Provider to the User’s e-mail address indicated in the registration form.
5. REFUSAL TO GRANT AUTHORISATION
5.1 The Service Provider may refuse the User the authorisation if it is justified with good business of the Service Provider, Subcontractor/Licensor or other Users, in particular in the following cases:
5.1.1 the Users or entities related by capital or personally with the companies and persons,
a) whose activities infringe the governing legal regulations, the provisions of these Regulations, and good customs, in particular the use of databases or applications of the Trans Web Site for spamming the Users or advertising the web sites competing with Trans;
b) that do not fulfil their financial obligations towards other entrepreneurs;
5.1.2 the Users who are rightly suspected (which is made probable with contact and address data and other sources of information) of violating points 3.6 and 3.7 of Appendix No. 1 to the Regulations.
5.1.3 the Users who gave the Service Provider the incomplete or untrue information.
5.1.4 the User does not regulate the User’s financial obligations towards the entrepreneurs.
5.2 The Service Provider may refuse the User the Account registration if the period of running the business activity by the User is shorter than 1 year.
5.3. The Service Provider shall refuse the User the authorisation if:
a) the Service Provider obtains the information about the pending bankruptcy proceedings or liquidation proceedings against the User;
b) it has been found that the User has suspended the business activity;
c) it has been found that the User has violated the governing legal regulations;
d) it has been found that the User has violated the provisions of the Regulations or the Licence Agreement;
5.4 The circumstances included in point 5.1.1.b and 5.1.4 should be documented with the notification made in accordance with the provisions of Appendix No. 5 to the Regulations – “Add Debtor” system or another documented notification (e.g. pursuant to the legally valid and binding enforcement title).
6. REVOKING
6.1 The Service Provider may revoke the authorisation for the User if it is justified with good business of the Service Provider, Subcontractor/Licensor or Users, in particular in the cases of violating the obligations specified in point 9.2.
6.2 The Service Provider shall revoke the authorisation for the User in the event of violating the provisions of the Regulations or the Licence Agreement, in particular in the cases specified in points 5.1–5.4 and 9.2-9.4, and also in the case of delay in payments referred to in point 5.3.1 of the Regulations lasting longer than 14 days.
6.3 The revoking of the authorisation may occur during the verification of data referred to in point 4.2.
6.4. The revoking of the authorisation shall result in the limitation of the access to the services rendered within the Additional Functions of the Instant Messenger. The revoking of the authorisation shall be for the period necessary to explain the User’s situation, however not longer than for 90 days.
6.5 Having explained the reasons for revoking of the authorisation, the Service Provider shall make the decision to:
a) block the User’s accounts
b) restore the access pursuant to the existing terms and conditions as a result of admitting the User’s complaint
c) to restore the authorisation pursuant to the agreement concerning the individual access terms and conditions referred to in point 6.2 of the Regulations.
7. BLOCKING OR DELETING THE ACCOUNT
7.1 The blocking of the account shall mean the complete lack of access to the Instant Messenger and the services within the Additional Functions of the Instant Messenger.
7.2 The Service Provider shall block:
a) all User accounts as a result of termination of the agreement for the provision of services via electronic means referred to in point 4.5 of the Regulations.
b) the account of a specified Derivative Account User as a result of notification referred to in point 3.5 of this Appendix.
7.3 The Service Provider reserves the right to block or delete the account or all accounts of the User in the following cases:
a) the violation of the provisions of point 5.1-5.4 of Appendix No. 1 to the Regulations which result in significant violation of the business of the Service Provider, Subcontractor/Licensor or other Users – with immediate effect without prior revoking of the authorisation,
b)the negative result of the investigation of the complaint lodged by the User whose authorisation has been revoked pursuant to point 6 of this Appendix,
c) the lapse of the time limit referred to in point 6.3 of this Appendix.
7.4 The Service Provider reserves the right to disclose the information about the revoking of the authorisation or about the blocking or deleting of all accounts of the User in the event of failure to fulfil the financial obligations towards other Users.
7.5 Points 4.7 and 4.8 of the Regulations shall apply correspondingly to the situations defined in points 7.1-7.3.
8. LIABILITY
8.1. The Service Provider shall not be responsible for:
a) revoking or refraining from granting the authorization, blocking or deleting the account;
b) the consequences of obtaining the access to the User’s Account by unauthorized persons regardless of the way of obtaining such access (e.g. making the password available to any third party by the User, breaking the password by any third party);
c) deleting the user’s offers from the exchange.
d) the Users’ lost profits.
9. FINAL PROVISIONS
9.1. The User acknowledges that the Trans Instant Messenger is intended for the exchange of information with other Users to conduct business activity, in particular to make arrangements concerning the execution of orders, agreements, load transport, etc.
9.2 The User undertakes to use the Trans Instant Messenger in accordance with the effective legal regulations, social and moral norms, the provisions of these Regulations, in particular:
a) to act in a way which does not violate other Users’ rights;
b) to check from time to time any possible amendments to the Regulations and become acquainted with them;
c) not to transfer the right to use the account to any third party;
d) not to impersonate another person;
e) not to violate the confidentiality of correspondence;
9.3 The User undertakes to use the Trans Instant Messenger message templates (“available load” and “available vehicle”) for what they are intended, in particular:
- not to enter in the “Description” field of a given message and in the “Description” field on the contact list any contact information (e-mail address, address data, Web Site addresses, number in the GG instant messenger, etc.)
- not to place any information vertically;
- not to enter in the “Description” field on the contact list any contact information (telephone No., e-mail address, address data, Web Site addresses, number in the GG instant messenger, etc.) to the company different than the one which places the offer;
- not to place any opinions concerning other business partners;
- to refrain from other behaviours which shall be regarded by the Service Provider as undesired ones, in particular the behaviours which significantly overload the Service Provider’s or Subcontractor’s servers or connections.
9.4 The information entered in the “Description” field of a given message, in the “Description” field on the contact list, and in the system of evaluation and comments should be edited in a clear way and cannot include:
a) vulgar language, the content that promotes hatred, racism, xenophobia and conflict between nations;
b) Web Site addresses;
c) advertising;
d) abbreviated and disguised content prohibited pursuant to point 9.2.
