Regulations

REGULATIONS OF TRANS.EU SYSTEM’S API
I. General Provisions

  1. These Regulations (hereinafter: “Regulations”) determine the principles of use of API services of the Trans.eu System, provided by Trans.eu Group S.A. , seated in Wysoka, to the owners and administrators of software and websites.
  2. The purpose of API is to enable logging access to the Trans.eu System, and hence reduce the amount of manual work and increase work efficiency by, in particular, automatic placing of offers on the Exchange, searching for available cars, as well as monitoring of orders.
    II. Definitions
    The terms used in the Regulations shall mean:
  3. API of the Trans.eu System – service provided by Trans.eu Group S.A. for Partners, enabling use of resources of the Trans.eu System.
  4. Error – inconsistency between the description in the Trans.eu System’s API Documentation and the actual operation of the Trans.eu System’s API.
  5. The Trans.eu System’s API Documentation – collective description of all available resources, methods and functions of the Trans.eu System’s API, which is made available to the Partner. Trans.eu Group S.A., seated in Wysoka (52-200 Wrocław 65) at ul. Chabrowa 4, entered in the Register of Entrepreneurs kept by the District Court for Wrocław – Fabryczna in Wrocław, 6th Commercial Department, under KRS number: 0000162430, Tax Identification Number (NIP): 8942764658, National Business Registry Number (REGON): 932920615.
  6. Software – software owned or administered by the Partner, which uses the Trans.eu System’s API.
  7. Partner – a natural person, legal person or organisational unit without legal personality that is granted legal capacity by the Act, who is the owner or administrator of the software or website used first of all by representatives of the TFL industry, who obtained access to the Trans.eu System’s API.
  8. Trans.eu Regulations – the Regulations for provision of services and security of the Trans.eu System, available at http://www.trans.eu/pl/regulamin
  9. Website – a website owned or administered by the Partner, who connects to the API of the Trans.eu System.
  10. The Trans.eu System – a platform dedicated, among others, to the TFL industry, used, among others, for exchanging information about vacant vehicles and loads, for acquiring contractors, for communication between system users through the business messenger, the so-called TransCommunicate, the service provider and licensor of which is Trans.eu Group S.A. .
  11. User – an entity being the user of both the Trans.eu System, as well as the Website or Software owned or managed by the Partner.
  12. Applicant – a natural person, legal person or organisational unit without legal personality that is granted legal capacity by the Act, who submitted the application to Trans.eu Group S.A. for making available the Trans.eu System’s API, via an electronic form available on the website http://www.trans.eu/pl/ or in any other form.
  13. Technical Support – technical assistance provided by Trans.eu Group S.A. to the Partner, which covers repair of Errors reported by the Partner.
    III. The principles of making available the API of the Trans.eu System
  14. The Applicant may request access to the Trans.eu System’s API, by filling a respective electronic form available on the website: http://www.trans.eu/pl/, or in any other way, this way expressing his intention to use the Trans.eu System’s API. After correctly filling in the form or informing Trans.eu Group S.A. about the willingness to use the Trans.eu System’s API, Trans.eu Group S.A. shall contact the Applicant within 5 days from the date of receipt of the message to verify the Applicant, i.e. to evaluate whether he guarantees due and reliable conduct, consistent with these Regulations, and also to evaluate the Website or Software that will utilise the Trans.eu System’s API. The verification, referred to in the previous sentence, applies also to verifying whether the Website or Software meet the technical requirements necessary for due use of the Trans.eu System’s API. Trans.eu Group S.A. reserves the right to refuse to grant access to the Trans.eu System’s API without giving any reasons and shall not bear any liability on this account.
  15. After successful verification by Trans.eu Group S.A. , referred to in item III.1., the Applicant is obliged to accept the updated version of these Regulations in order to gain access to the Trans.eu System’s API. Then, within 7 business days from the date of acceptance of the updated version of these Regulations by the Applicant, Trans.eu Group S.A. shall make available in the Applicant’s production environment the activation key enabling use of the API of the Trans.eu System. From that moment, the Applicant becomes the Partner.
  16. After obtaining access to the Trans.eu System’s API, the Partner shall be obliged to enable the Users connection to the Trans.eu System’s API, by having a Trans.eu System login window available on the Website/in the Software, in accordance with these Regulations.
  17. Trans.eu Group S.A. shall make the Trans.eu System’s API available on the basis of non-exclusive, free licence, the conditions of which are determined by item V of these Regulations.
  18. Trans.eu Group S.A. , in cooperation with a person indicated by the Partner, shall enable integration of the Website/Software with the Trans.eu System by making the API available.
  19. The integration is designed to exchange the User’s data and process them through the Trans.eu System’s API, in order to allow the User to use the API function of the Trans.eu System through the Website/Software.
  20. Trans.eu Group S.A. is responsible for operation of the production environment and for granting relevant authorisation to the Partner. The Partner is responsible for preparation (adjustment) of the Website/Software. The Parties intend to complete the aforementioned works within 60 days from the date when of making the Trans.eu System’s API available.
  21. Trans.eu Group S.A. provides the Partner with Technical Support within the period of making available the Trans.eu System’s API. The Partner reports an Error via an e-mail message sent to api@trans.eu. Trans.eu Group S.A. is obliged to commence provision of Technical Support within 3 business days from the date of receipt of the message, referred to in the previous sentence.
  22. The Partner, who has no access to the Trans.eu System’s, shall obtain access for the integration period on general account terms for a trial period. The Partner shall bear full responsibility for correct use of the Trans.eu System, consistent with the Regulations of Trans.eu, as well as for any possible damage resulting from improper security or use of the account.
    IV. Principles of using the Trans.eu System’s API
  23. Both the Partner and the Users may not hinder operation of the Trans.eu System’s API or attempt to gain access thereto otherwise than using the interface and instructions made available by Trans.eu Group S.A. .
  24. The Trans.eu System’s API, via the Website/Software, allows the Users, among others, to add offers of available loads and vehicles to table of exchange offers of the Trans.eu System.
  25. The User shall log in using the Trans.eu System’s login window on the basis of the individual User’s login and password, enabling use of the account registered by the User in the Trans.eu System.
  26. The Partner may use the Trans.eu System’s API only in a manner permitted by the commonly binding legal regulations, these Regulations and the Trans.eu Regulations.
  27. Trans.eu Group S.A. is entitled to restrict or revoke the right to log in to the Trans.eu System by a User, who has breached the provisions of the present Regulations.
  28. Access to the Trans.eu System’s API and its use via Trans.eu Group S.A. services does not grant the Partner nor the User any intellectual property rights to the Trans.eu System, in particular, to its services and name.
  29. The Partner may not remove, cover or change any information displayed in the login window of the Trans.eu System.
  30. The Partner is obliged to secure data related to logging in by the User to the Trans.eu System’s API, in particular: IP address, listen port number, user name and password, name of the module storing the data that are to be made available in the virtual database.
  31. The Trans.eu System’s API enables the User to load, send, deliver, save, store, send and receive content in communication with the Website/Software of the Partner.
  32. The Partner is obliged to update the Trans.eu System’s API immediately after Trans.eu Group S.A. makes its new version or function available.
  33. Trans.eu Group S.A. grants the User, who has active access to Trans.eu Group S.A. services, a free, non-transferable and non-exclusive license for using the Trans.eu System through the Trans.eu System’s API made available by Trans.eu Group S.A. on the Website/in the Software of the Partner. This licence is intended only to allow the User to use the services provided by Trans.eu Group S.A. in a manner permitted by the Regulations of Trans.eu, not limited by the Trans.eu System’s API functionalities.
  34. Relations between the Trans.eu System’s login window, created on the basis of the Trans.eu System’s API, and the Website/Software of the Partner are independent from one another.
  35. During logging in to the Trans.eu System via the login window created on the basis of the Trans.eu System’s API, the User decides to permit or refuse transfer of information concerning the data of the Initial Account and the Derivative Account, defined in the Regulations of Trans.eu, in particular:
    a) full name of the user,
    b) e-mail address,
    c) TransId identification number
    d) contact telephone number.
  36. After the User’s permission to transfer information, the Partner is obliged to each time verify the User before granting him access to API resources of the Trans.eu System.
  37. The Partner is obliged to use Users access according to their due purpose.
  38. Refusal to transfer data, referred to in item IV.13 of these Regulations, restricts the User’s use of the Trans.eu System via the Website/Software to the extent allowed by the Trans.eu System’s API.
  39. Trans.eu Group S.A. reserves the right to temporarily – partially or totally – shut down the Trans.eu System’s API or restrict access thereto, in order to improve it, add functionalities, conduct maintenance or repairs, without prior notifying the Partner of this fact.
    V. Licence
  40. Trans.eu Group S.A. hereby declares that it is entitled to exclusive copyright to the Trans.eu System and to the Trans.eu System’s API.
  41. The Partner hereby states that he is entitled to an exclusive licence on all fields of exploitation necessary for using, developing and distributing the Website/Software, the functionalities of which are described under the following addresses: http://transeu.github.io/api-rest-documentation/.
  42. Trans.eu Group S.A. grants to the Partner a free, non-exclusive, non-transferable and unlimited in terms of area – but limited in terms of time – license for the Trans.eu System’s API on the following fields of exploitation:
    a) use of the Trans.eu System’s API in the process of integration with the Trans.eu System, in particular, adaptation of the Trans.eu System’s API,
    b) use of the Trans.eu System’s API for displaying login windows on the Website/in the Software distributed by the Partner, in order to allow the Users to use the Trans.eu System.
  43. The licence, referred to in item V.3. above, is granted for the period of use of the Trans.eu System’s API by the Partner.
  44. The licence shall expire as of Trans.eu Group S.A. revoking the Partner’s access to the Trans.eu System’s API.
  45. Trans.eu Group S.A. expresses its consent to use its logo and image in promotional and advertising materials of the Partner, and grants a licence to the Partner for using the “Trans.eu” trademark. The principles of using the logo and image, as well as the principles of granting the licence for using the trademark, shall be subject to separate agreements.
    VI. Obligations of the Partner
  46. The Partner is obliged to provide any information, supply any data and documents necessary for correct integration of the Trans.eu System’s API with the Website/Software.
  47. The Partner is obliged to provide the User with any information related to the authorisation of the Trans.eu System’s API to access information.
  48. The Partner undertakes to ensure compatibility of the Website/Software with the Trans.eu System’s API.
  49. The Partner is obliged to adjust the Website/Software to the Trans.eu System’s API in the event of updating the Trans.eu System’s API, within 21 days from Trans.eu Group S.A. informing the Partner of the update.
  50. The Partner expresses his permission for his logo and image to be used in promotional and advertising materials of Trans.eu Group S.A. , and grants Trans.eu Group S.A. a licence for using the trademark belonging to the Partner. The principles of using the logo and image, as well as the principles of granting the licence for using the trademark, shall be subject to separate agreements.
    VII. Responsibility of Trans.eu Group S.A.
  51. Either Party is responsible for any damages arising as a result of default or improper performance of the provisions resulting from the present Regulations on general terms under, excluding lost benefits, subject to item VIII.2 and IX.2 of these Regulations.
  52. Trans.eu Group S.A. is not responsible for activities related to testing correctness of the records in the databases processed by the Trans.eu System’s API, their correction or maintenance.
  53. Trans.eu Group S.A. shall not bear guarantee or compensation liability for any effects of use of the Trans.eu System’s API under conditions of incorrect operation of the computer system, caused by hardware defects or improper installation of the system or computer viruses, and in cases of incorrect operation of the Trans.eu System’s API, incorrect interpretation of results, being unfamiliar with the legal regulations, or interference of unauthorised persons in the Trans.eu System’s API or databases.
    VIII. Responsibility of the Partner
  54. The Partner is obliged to use the Trans.eu System’s API made available thereto in accordance with its intended use, as well as to use the Trans.eu System’s database in a manner consistent with the Regulations of Trans.eu. In particular, the Partner may not:
    a) use the access to the Trans.eu System in order to download the content of the whole or part of the software, defined in the Regulations of Trans.eu and the Trans.eu System, in particular, User Databases defined in the Regulations of Trans.eu, as well as reuse them, either in full or in part, without an explicit written consent of Trans.eu Group S.A. ,
    b) send commercial information, as defined by Article 10 of the Act of 18 July 2002 on Provision of Services by Electronic Means (Journal of Laws Dz. U. of 2004, No. 96, item 959) to other users of the Trans.eu System,
    c) share the Trans.eu System database, either in full or in part, with third parties or enable third parties to access the Trans.eu System in any way; this provision does not apply to making the database available to the Users and their access to the Trans.eu System via the Website/Software, in accordance with the specification of the Trans.eu System’s API.
  55. In the event of breach of any of the obligations, specified in letter a. – c. above, the Partner shall pay to Trans.eu Group S.A. a contractual penalty fee in the amount of PLN 100,000.00 (in words: one hundred thousand Polish zlotys). The obligation to pay the contractual penalty fee does not exclude the right of Trans.eu Group S.A. to exercise other rights granted thereto under the provisions resulting from the present Regulations or the provisions of commonly binding laws. Trans.eu Group S.A. shall be, in particular, authorised to claim damages from the Partner on general terms, in the amount higher than the amount of the stipulated contractual penalty fee.
    IX. Confidentiality
  56. Both Trans.eu Group S.A. and the Partner are obliged to keep confidential any information, both during the period of making available the Trans.eu System’s API to the Partner and after this time, in particular technical, technological, commercial, organisational, financial or legal information concerning the other Party.
  57. In the event of Trans.eu Group S.A. or the Partner, or a third party used by a given Party to perform the obligations resulting from the provisions of these Regulations, breaching the confidentiality obligation, the Party in breach shall be obliged to pay to the other party a contractual penalty fee in the amount of PLN 100,000.00 (in words: one hundred thousand Polish zlotys). The obligation to pay the contractual penalty fee does not exclude the right of the aggrieved Party to exercise its other rights under the provisions of these Regulations or the provisions of commonly binding laws. The aggrieved Party shall be in particular entitled to claim damages from the other Party on general terms, in the amount higher than the amount of the stipulated contractual penalty fee.
    X. Period of making available the Trans.eu System’s API
  58. Trans.eu Group S.A. grants to the Partner access to the Trans.eu System’s API for indefinite time, and Trans.eu Group S.A. may revoke the Partner’s access to the Trans.eu System’s API in cases, when the Partner has breached the provisions of the present Regulations and the Regulations of Trans.eu.
  59. In the event of the Partner breaching the provisions of these Regulations, Trans.eu Group S.A. shall call the Partner to immediately cease the breaches. If the Partner does not comply with the call, referred to in the previous sentence, Trans.eu Group S.A. may revoke the Partner’s access to the Trans.eu System’s API without any further calls.
  60. The Partner, in order to resign from using the Trans.eu System’s API, shall notify Trans.eu Group S.A. of this fact via a message sent to api@trans.eu.
    XI. Final Provisions
  61. In any cases not regulated in these Regulations, the commonly binding Polish law shall apply.
  62. Any disputes arising between the Partner and Trans.eu Group S.A. in connection with execution of the provisions of these Regulations shall be resolved by the common court competent for the seat of the Partner.
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