WEBSITE TERMS AND CONDITIONS
The administrator and owner of the website operated at platforma.transportowa.com.pl is Idea Business Sp. z o.o., with its registered office at 11 Lawendowa Street, 34-122 Wieprz, Poland, entered in the register of entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register, under KRS No. 0001115184, REGON 529107518, NIP PL5512667106, with share capital of PLN 50,000.
Telephone: 605 517 309
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CHAPTER I. GENERAL PROVISIONS
1. Subject Matter and Scope of the Terms and Conditions
1.1. These Terms and Conditions specify the types, scope and conditions of electronic services provided by Idea Business Sp. z o.o., hereinafter the “Service Provider” or “Administrator”, through the Transport Platform website at platforma.transportowa.com.pl.
1.2. In particular, these Terms and Conditions govern User registration and verification, use of the Transport Platform’s services and functions, conclusion and termination of electronic services agreements, Users’ rights and obligations, and the complaints procedure.
1.3. The Transport Platform is an ICT system for organising and managing road transport, enabling in particular:
a) publication and browsing of cargo and available-vehicle advertisements;
b) submission, acceptance and management of transport offers;
c) organisation of transport cooperation through the Public Board, Cargo Board, Vehicle Board and Private Boards;
d) electronic preparation, generation and conclusion of contracts of carriage;
e) monitoring of successive stages of transport-order fulfilment;
f) automatic generation and handling of CMR and domestic consignment notes;
g) communication of transport-related information and notifications;
h) support for planning, organising and controlling logistics processes;
i) automation of selected activities involving offer acceptance, contract conclusion and transport-order management;
j) management of contractors, transport partners and participating parties’ permissions;
k) organisation of cooperation within private groups of businesses;
l) export of documents and data and use of integrations with external IT systems, particularly ERP and invoicing systems;
m) use of other functions made available by the Administrator as the Transport Platform develops.
1.4. Individual Platform functions may be available to different extents depending on the Account type, verification status, User permissions and activated services.
1.5. Use of the Transport Platform does not require a subscription. The Website provides free and paid services, the scope and prices of which are set out in these Terms and Conditions, the Price List or the terms of the relevant service.
2. Legal Basis
2.1. Electronic services are provided in accordance with the law applicable in the Republic of Poland and relevant provisions of European Union law.
2.2. Matters not governed by these Terms and Conditions are subject to applicable law, in particular:
a) the Act of 23 April 1964 – the Civil Code;
b) the Act of 18 July 2002 on the Provision of Electronic Services;
c) Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR);
d) Regulation (EU) 2022/2065 of the European Parliament and of the Council – the Digital Services Act (DSA), insofar as it applies to services provided through the Platform;
e) other provisions applicable to the type of service provided.
2.3. Transport services and agreements between Users are governed by relevant transport legislation, the Convention on the Contract for the International Carriage of Goods by Road (CMR) and other applicable provisions depending on the nature and location of the carriage.
2.4. Use of Platform tools does not relieve Users of the obligation to comply with laws applicable to their business activities and transport services.
3. Definitions
The following terms used in these Terms and Conditions mean:
3.1. Service Provider / Administrator
Idea Business Sp. z o.o., with its registered office at 11 Lawendowa Street, 34-122 Wieprz, Poland, registered in the register of entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register, under KRS No. 0001115184, operating the Transport Platform and providing electronic services through it.
3.2. Website / Transport Platform
The online ICT system available at platforma.transportowa.com.pl, enabling businesses to organise transport, publish advertisements, establish cooperation, conclude and administer contracts of carriage, monitor order fulfilment and use tools supporting logistics processes. The Platform may cooperate with other websites operated by the Administrator, in particular the Company Directory at firma.transportowa.com.pl.
3.3. Business / Entrepreneur
A natural person conducting business, a legal person or an organisational unit having legal capacity that conducts business or professional activity in its own name. The Transport Platform is intended exclusively for businesses. Natural persons acting as consumers may not register Accounts on the Website to use Platform services.
3.4. User / Service Recipient
A business using the Transport Platform through an Account, or a natural person acting for and on behalf of that business with appropriate authorisation. A business may be represented on the Website by more than one User, each having an individual Account. Anyone using an Account on behalf of a business must be properly authorised to act on its behalf.
3.5. User Account
An individual area of the Transport Platform accessible after logging in, allowing use of Website functions in accordance with granted permissions. The Account is associated with the User’s email address and may be assigned to the business represented by that User. A single company may have multiple User Accounts.
3.6. Verified Account
A User Account for which the Administrator has successfully completed the verification process. Verification includes checking the business’s registration details, required documents and payment of the verification fee specified in these Terms from the represented business’s bank account. For transport companies, verification also includes checking submitted documents confirming the required authorisations, licences or permits. A Verified Account is marked on the Website by an appropriate graphic symbol, in particular a green verification mark. Verified status does not guarantee solvency, reliability, the continuing validity of all authorisations or proper performance of services by the business.
3.7. Unverified Account
An Account whose User has not completed the full verification process required for Verified Accounts. A business invited by an authorised User to cooperate on a specific Private Board may receive access to that Board without paying an activation fee or undergoing full Account verification. Such an Account displays the message: “Warning: Unverified Account!” An Unverified Account permits only the functions available to this status and within the permissions granted. Other functions requiring full verification remain unavailable until verification is completed successfully. Exemption from the verification fee does not exempt a business from holding licences, permits and other authorisations required by law for its activities.
3.8. Account Activation and Verification
A process consisting of registration confirmation, verification of the User’s details and those of the represented business, and satisfaction of the requirements in these Terms and Conditions. The fee for full Account verification and activation is EUR 10 or PLN 20. The fee applies to every User Account subject to paid verification, even where several Users represent the same business. This rule does not apply to Accounts granted restricted Private Board access without paid verification. The Administrator activates the Account within 48 hours after the User meets all verification requirements, including delivery of the required documents and receipt of the fee, excluding statutory non-working days. Detailed registration, verification and activation terms are set out in Chapter II.
3.9. Verification of a Bank Account for Advance Payments
A process confirming a business bank account based on a verification transfer made from that account. The bank account identified during verification may be used to receive advance payments for transport services under these Terms and Conditions. Verification through a PLN transfer does not automatically enable receipt of EUR advance payments. A User who verified an Account by transferring PLN 20 and subsequently wishes to receive EUR advance payments for transport services must complete additional verification in EUR by making a EUR 10 verification transfer from the relevant business bank account. Additional EUR verification does not require a new User Account.
3.10. Bank Account for Advance Payments
A business bank account designated on the Transport Platform for receiving advance payments for transport services. The system allows one currently applicable bank account for receiving advance payments to be specified under each User Account. That account is subject to verification under these Terms and Conditions. Designating a bank account does not make the Administrator a participant in financial settlements between the parties to a contract of carriage.
3.11. Advance Payment for a Transport Service
A monetary payment made by the Principal to the Carrier or another authorised Contractor before performance of all or part of a transport service, on terms agreed by the parties. Advance payments for transport services are made directly between the contracting parties, without using the Transport Platform Administrator’s bank account. The Administrator does not receive, hold or transfer advances payable to carriers in settlements between parties to transport agreements.
3.12. Principal / Transport Ordering Party
A business commissioning carriage, publishing a transport advertisement or concluding a contract of carriage with an authorised service provider. The Principal may in particular be a manufacturer, trading company, consignor, freight forwarder or another entity authorised to organise carriage.
3.13. Carrier / Contractor
A business engaged in goods transport and holding the legal authorisations required for the relevant type of carriage. Depending on the transaction, the Contractor may also be another business entitled to accept the transport order under applicable law and the order’s terms.
3.14. Transport Advertisement
Information published by an authorised User through the Transport Platform concerning demand for a transport service or availability of a vehicle to perform carriage. An advertisement may include details of the cargo, route, dates, transport requirements, vehicle specifications and other conditions of the intended service.
3.15. Transport Offer
A proposal to perform a transport service, submitted by an authorised User in response to an advertisement or through available Platform functions. An offer may specify the freight price and other conditions of carriage. Further provisions of these Terms and the terms applicable to the particular contract-formation method govern submission, acceptance, withdrawal and legal consequences of offers.
3.16. Public Board
A part of the Transport Platform enabling publication of transport orders and establishment of cooperation between Principals and authorised Carriers. Access to advertisements, their details and offer-submission functions depends on User permissions and these Terms and Conditions.
3.17. Cargo Board
A part of the Platform where duly authorised Users may publish and browse transport orders. Further provisions of these Terms govern publication, browsing and additional functions.
3.18. Vehicle Board
A part of the Transport Platform for publishing information about available vehicles and transport service capacity. Access to vehicle offers and their details depends on the advertisement type and User permissions.
3.19. Private Board
A separate part of the Transport Platform intended to organise transport cooperation within a defined group of Users. The Private Board allows its Operator to manage access to advertisements, invite contractors, grant and revoke permissions and organise cooperation within a closed group. Each Private Board has its own identifier. Use is governed by these Terms and Conditions and permissions granted by its Operator.
3.20. Private Board Operator
A business authorised to manage a particular Private Board through an appropriate User Account. The Private Board Operator may manage participants, grant and revoke Board access and use administrative tools provided by the Platform. These powers may also be exercised by persons authorised by the Operator to the extent supported by the system.
3.21. Private Board Participant
A User granted access to a particular Private Board. Access may be granted to a User with a Verified Account or to a business invited under the restricted-access rules without full Account verification. Available functions depend on the User’s permissions and Account status.
3.22. My Contractors
A Transport Platform tool enabling a Private Board Operator to manage cooperation with contractors. Within granted permissions, it enables management of Private Board participants, granting or revoking access, suspending permissions and removing participants from a particular Board. Removing a participant from a Private Board does not delete that participant’s Transport Platform Account. Nor does it automatically delete the cooperation history, documents or information whose continued retention is justified by service delivery or applicable law.
3.23. Your Partners
A Transport Platform tool for inviting businesses to cooperate. It enables contact and cooperation with carriers, consignors, freight forwarders and other partners participating in transport processes.
3.24. Private Board User Management
A set of functions allowing authorised persons to manage Users’ access to a Private Board, define their permissions and control their membership of that Board.
3.25. UPPT – Transport Platform Contract of Carriage
UPPT stands for “Transport Platform Contract of Carriage” (Polish: Umowa Przewozu Platformy Transportowej). This Website tool enables electronic preparation, generation, conclusion and administration of contracts for carriage services. UPPT also supports management of transport-performance information, communication between authorised participants and handling of contract-related documents. A UPPT contract is concluded between the relevant transaction parties, not between a User and the Platform Administrator.
3.26. Accept Freight
A Platform function allowing acceptance of a transport order on terms specified by the Principal, taking account of the selected contract-formation method. Use of this function may result in the conclusion of a contract of carriage in accordance with these Terms and the terms of the order.
3.27. Freight Assistant
A tool automating the acceptance of transport offers on the basis of conditions previously specified and approved by the Principal. In particular, the function allows price and timing criteria to be established, under which the system may automatically accept a transport offer. Activation of the Freight Assistant requires a conscious decision by an authorised User. Further provisions of these Terms specify how it operates and the consequences of automatic acceptance.
3.28. Logistics Check
A set of tools supporting the preparation and administration of transport orders through automated analysis of selected data and identification of potential errors, inconsistencies and organisational risks. System messages are advisory and do not guarantee data accuracy or proper performance of carriage. The User remains responsible for verifying information and decisions made in response to check results.
3.29. UPPT Panel
An electronic panel giving authorised parties to a contract of carriage access to information concerning its conclusion and performance. The panel may contain contract details, transport participants, operation dates, reported performance statuses, notifications and transport documents.
3.30. Driver Panel
A function enabling a driver or another appropriately authorised person to report information on performance of a particular carriage. Access may be granted through an individual link generated by an authorised User. Using the Driver Panel through such a link does not require creating a Transport Platform Account. A driver may only perform actions available within the authorisation granted.
3.31. Transport Progress Monitoring
A Platform function for displaying and updating information on individual stages of transport-order fulfilment. Monitoring relies, in particular, on information supplied by authorised transport participants and events recorded by the system. Monitoring does not in itself independently verify the vehicle’s actual location or guarantee proper carriage performance.
3.32. Transport Documentation
Documents and information related to preparation, conclusion, performance and completion of a contract of carriage. These may include contracts, CMR and domestic consignment notes, confirmations of operations performed and other documents relating to the order.
3.33. CMR Consignment Note
A document related to international carriage of goods by road, prepared and administered using Transport Platform functions. The system allows CMR documents to be generated and selected information and confirmations of transport participants to be recorded. The legal significance of documents and confirmations is determined by applicable law and the detailed provisions of these Terms and Conditions.
3.34. Domestic Consignment Note
A document relating to road carriage performed within one country, prepared and handled through the Transport Platform in accordance with applicable law.
3.35. Electronic Confirmation
Information or a statement recorded through Platform functions concerning a specific action performed by a transport participant. It may concern collection, loading, delivery, unloading or other actions in the process. Recording an electronic confirmation on the Platform does not automatically constitute a qualified electronic signature or satisfy all special legal requirements applicable to electronic consignment notes.
3.36. Document Bank
A Platform function for storing, sharing, downloading and organising documents associated with transport services. Further provisions of these Terms specify document-retention rules, periods of availability and Users’ obligations to maintain their own archives.
3.37. ERP and Invoicing System Integration
A function for preparing, exporting or transmitting data relating to transport orders to external IT systems. Available options depend on the export type, system configuration and availability of integrations and adapters. Selected integrations may require additional configuration or a separate fee under the terms of the relevant service.
3.38. System Notifications
Messages and alerts generated by the Transport Platform in connection with its use. They may concern new offers, contracts, transport operations, reported delays, documentation, payments and Account security. The Website may also provide optional alerts configured by Users according to their preferences. System notifications do not constitute an advertising newsletter.
3.39. Points
Units used on the Platform to pay for selected services and functions in accordance with the current Price List and the rules of the points system.
3.40. Price List
A document or collection of information available on the Transport Platform specifying prices for paid services, point packages, commissions and other fees for individual functions.
3.41. Account Suspension
A temporary restriction of access to specified Transport Platform functions imposed in accordance with these Terms. Suspension does not necessarily involve deletion of Account data or termination of all related processes.
3.42. Account Blocking
A restriction on access to an Account or selected Platform services, imposed in particular in response to a breach of these Terms, security requirements or applicable law. The scope and consequences of blocking are governed by the relevant provisions of these Terms.
3.43. Electronic Address
An identifier of an ICT system enabling electronic communication, particularly an email address.
4. Technical Requirements
4.1. Use of the Transport Platform requires Internet access and a device with an up-to-date web browser supporting the technologies used by the Website.
4.2. Proper use of Platform functions may require:
a) JavaScript support;
b) support for essential cookies and data-storage mechanisms used by the Website;
c) an active email account;
d) the ability to download and read electronic documents, particularly PDF files;
e) appropriate permissions to use device features such as a camera, microphone or screen sharing, where the selected functions require them.
4.3. Some Platform functions may require additional browser, device or Internet connection settings.
4.4. The Administrator does not guarantee identical operation of all functions on every device, operating system or browser version.
4.5. Use of cookies and similar technologies is governed by the Cookie Policy and applicable law.
4.6. Users must follow basic security practices, particularly protecting login credentials and preventing unauthorised Account access.
5. Rules for Using the Platform
5.1. Services requiring registration may be used after creating an Account and meeting the conditions for the relevant functionality.
5.2. By registering an Account, the User confirms having read and accepted these Terms and Conditions.
5.3. The User must provide truthful information and update it when changes occur.
5.4. The User is responsible for actions taken through their Account, subject to applicable law and the circumstances of the individual event.
5.5. The Platform must be used for its intended purpose, in accordance with fair business practices and applicable law.
5.6. Users must not transmit unlawful content through the Platform or take actions that infringe other Users’ rights or compromise Website security.
5.7. Personal data are processed in accordance with the Privacy Policy and applicable law.
Acceptance of these Terms does not automatically constitute consent to processing data for marketing purposes. Where such consent is required, it must be obtained separately.
6. Availability of These Terms and Conditions
6.1. These Terms are made available free of charge before an electronic services agreement is concluded, in a manner allowing them to be accessed, reproduced and retained.
6.2. The Terms and Conditions, Privacy Policy, Cookie Policy and documents specifying individual service conditions are available in the relevant parts of the Website.
6.3. Users are bound by provisions of these Terms that have been made available to them in accordance with applicable law.
7. Nature of the Services
7.1. The Transport Platform provides ICT infrastructure and tools allowing businesses to organise and manage transport services.
7.2. The Administrator may offer functions that assist decision-making, automate certain tasks and enable document preparation.
7.3. Automation tools do not relieve the User from checking data, contractual terms and compliance of their actions with applicable law.
7.4. Results of analyses, calculations and logistics checks, as well as Platform-generated notifications, are advisory unless special terms for a function expressly specify different consequences of an action.
7.5. The Administrator is responsible for providing its own electronic services in accordance with these Terms and applicable law.
8. Automation of Platform Activities
8.1. The Transport Platform allows selected tasks to be automated, including transport organisation, submission and acceptance of offers, conclusion of contracts and processing of transport documentation.
8.2. Automated activities are performed within the scope supported by the system, based on data, settings or decisions of an authorised User.
8.3. If a User activates automatic acceptance of transport offers, the system may perform those actions according to previously approved terms.
8.4. The legal effects of automatic offer acceptance, including when a contract is concluded and how it is documented, are governed by the detailed provisions of these Terms and the conditions agreed by the parties to the transaction.
8.5. Automatic document generation does not itself confirm the truthfulness of all information contained in the document.
8.6. Users must check the accuracy of information entered into the system, especially details affecting carriage conditions and document content.
9. Transactions and Contracts between Users
9.1. Contracts for transport services concluded through the Transport Platform are contracts between the relevant transaction participants.
9.2. The Transport Platform Administrator is not a party to contracts of carriage concluded between Users.
9.3. Clause 9.2 also applies to contracts prepared or automatically generated by UPPT and contracts concluded following automatic acceptance of an offer through the Freight Assistant.
9.4. The Administrator provides technical infrastructure and tools for preparing, concluding, documenting and managing contracts.
9.5. Parties to a contract of carriage are independently responsible for its performance and obligations under it, in accordance with applicable law.
9.6. The Administrator does not become a carrier, freight forwarder or principal merely by providing tools for concluding or managing a contract.
9.7. The Administrator does not participate in financial settlements under contracts of carriage concluded between Users, including freight remuneration and transport-service advance payments.
9.8. The Administrator does not receive advance payments owed to Carriers or other Contractors into its own bank account.
9.9. The above provisions do not exclude the Administrator’s liability for its own acts, omissions or improper provision of electronic services to the extent prescribed by applicable law.
10. Access to Platform Functions
10.1. The functions available to a User depend on Account status, permissions, service type and access to particular parts of the Platform.
10.2. The Administrator may make selected functions conditional on successful User verification.
10.3. Users invited to cooperate on a Private Board may use the functions made available to them without obtaining Verified Account status, subject to the restrictions in these Terms.
10.4. A Private Board Operator may manage participants’ access to its Board using the available tools.
10.5. Access to one Private Board does not automatically grant access to other Boards or Platform functions.
10.6. Access to selected functions may be restricted, suspended or revoked under these Terms.
11. Electronic Communication and Notifications
11.1. The Transport Platform uses electronic communication to deliver information concerning Website use and transport-service performance.
11.2. System notifications may concern, among other matters:
a) publication of new advertisements and submission of offers;
b) acceptance of offers and conclusion of contracts of carriage;
c) changes to transport-order statuses;
d) loading, unloading and estimated times of arrival;
e) reported delays;
f) transport documentation;
g) payments and settlements with the Administrator;
h) Account security and changes to permissions.
11.3. The Platform may also provide additional notifications and alerts, with scope and frequency configured by the User through available settings.
11.4. Further provisions of these Terms specify electronic communication rules and availability of particular notifications.
12. Fees for Services
12.1. Use of the Transport Platform does not require a subscription agreement or periodic subscription payments.
12.2. The Administrator may charge fees for specific services and functions provided through the Platform.
12.3. Paid services may be settled in particular through:
a) direct payment;
b) use of points available in the User Account;
c) charging a commission under these Terms;
d) other methods provided in the terms of the specific service.
12.4. Payments for Platform services may be made in euros (EUR) or Polish zloty (PLN), subject to the terms of the service and available payment methods.
12.5. The fee amount and basic conditions for a paid service should be communicated to the User before it is ordered or activated.
12.6. The verification and activation fee is EUR 10 or PLN 20 for each User Account subject to paid verification.
12.7. Account verification by a PLN transfer allows bank-account confirmation for PLN advance payments to the extent provided.
12.8. A User who verified their Account by transferring PLN 20 and subsequently wishes to receive advance payments in EUR must complete additional verification by transferring EUR 10 from the represented business’s bank account.
12.9. Additional EUR verification confirms the bank account for receiving advances in that currency and does not require a further User Account.
12.10. The Platform allows one User bank account to be designated for receiving advances. Changing that account or its verification scope may require further confirmation under the rules of the relevant function.
12.11. Advance payments for transport services are made directly between the parties to the contract of carriage. The Administrator does not receive those funds in its own bank account or act as an intermediary in their transfer.
12.12. The Administrator’s bank-account confirmation does not guarantee the business’s solvency, transport performance or proper settlement of advances between the contracting parties.
12.13. Further provisions of these Terms and the Price List govern payments, commissions, use of points and settlement of services.
13. Supplementary Provisions
13.1. The Administrator may develop the Transport Platform by offering new functions and upgrading existing tools.
13.2. Introducing a new function does not automatically change the terms of previously concluded service agreements.
13.3. Where a new function requires additional usage rules, the Administrator will make those terms available before the service is provided.
13.4. In the event of a conflict between general provisions and special terms of a service, the special terms prevail insofar as they comply with applicable law and have been validly incorporated into the agreement.
13.5. These Terms and Conditions may be amended in accordance with their final provisions and applicable law.
CHAPTER II. ACCOUNT REGISTRATION
1. Registration Requirements
1.1. Transport Platform Account registration is available exclusively to businesses, including sole traders, legal persons and organisational units with legal capacity, acting through their authorised representatives.
1.2. Account registration by natural persons acting as consumers is not permitted.
1.3. A person registering an Account on behalf of a business declares that they are at least 18 years old and are authorised to represent that business or have been authorised by it to use the Transport Platform.
1.4. A single company may have multiple individual User Accounts. Each Account must be registered separately; full permissions are granted only when the requirements for the relevant Account type have been met.
1.5. Registration alone does not automatically confer Verified Account status or access to all Platform functions.
1.6. A driver using an individual link provided through the UPPT Driver Panel does not need to create a Transport Platform Account. The driver may use only the functions made available for the particular transport order.
2. Information Required for Registration
2.1. To create an Account, the User must correctly complete the registration form available on the Website.
2.2. In particular, the User provides:
a) Full name – the full legal name of the business represented by the User, as recorded in the relevant business register or register of sole proprietors. In the case of a sole proprietorship, this means the full registered business name, including the proprietor's first and last name;
b) Username – an individual name used to log in to the Website;
c) Password and password confirmation – individual authentication credentials satisfying the security requirements specified in the registration form;
d) Email address – an active email address for confirming registration, communicating with the Administrator and receiving notifications related to Platform services.
2.3. The User must provide the required information concerning the business represented, as specified in the registration form.
2.4. The User may be asked to indicate the purpose of registration and the functions they intend to use. Stating a registration purpose does not automatically grant the corresponding permissions.
2.5. All registration data must be true, current and sufficient to identify the User and the represented business.
2.6. Providing false information, impersonating other businesses or individuals, and registering Accounts for entities without appropriate authorisation are prohibited.
2.7. The Administrator may require information to be completed or additional details necessary for proper registration and verification.
3. Account Registration Procedure
3.1. To create an Account, the User should:
a) complete the registration form on the Website;
b) fill in all mandatory fields;
c) provide truthful details of the business represented;
d) read and accept the Website Terms and Conditions;
e) submit the registration form using the appropriate button.
3.2. After submission, the system records the application and sends an Account confirmation message to the specified email address.
3.3. The User must confirm registration by following the link sent in the email.
3.4. Email confirmation does not automatically complete business verification or grant all Platform permissions.
3.5. A newly created Account may remain inactive or have limited permissions until the conditions for its access type are met.
3.6. Account registration and acceptance of these Terms establish the basis for using Platform services on the conditions specified herein, including for Accounts that have not undergone full verification.
4. Verification of the Business and User Account
4.1. Verified Account status requires successful completion of verification conducted by the Administrator.
4.2. Verification includes, in particular:
a) checking registration details against the business information in the relevant registers;
b) examining required registration documents;
c) confirming the User’s authority to represent the indicated business;
d) for transport businesses, checking submitted documents confirming required licences, permits and other authorisations;
e) confirming payment of the required verification fee from the represented business’s bank account.
4.3. The Administrator may use publicly accessible business registers and other lawfully obtained information to check business details and authorisations.
4.4. The Administrator reserves the right to contact the business or its authorised representative by telephone or electronically to confirm the accuracy of the registration application.
4.5. In justified cases, the Administrator may request further documents, explanations or information required to complete verification.
4.6. Verification may include analysis of reliable information about the business, including public registers, industry sources and other lawful sources.
4.7. Where reasonable doubts arise about a business’s reliability, required authorisations or the accuracy of its information, the Administrator may suspend verification pending further explanations.
4.8. The User must cooperate with the Administrator to the extent necessary for verification.
5. Account Verification and Activation Fee
5.1. The full Account verification and activation fee is:
EUR 10 or PLN 20.
5.2. The fee is charged separately for every User subject to paid verification, including when multiple Users represent the same business.
5.3. The verification fee must be paid by bank transfer from the bank account of the business represented by the User.
5.4. The transfer must be made to the appropriate bank account of Idea Business Sp. z o.o. specified on the Website, in a way that identifies the business and Account being verified.
5.5. The Administrator begins full verification once the required documents and relevant fee have been received.
5.6. Payment of the verification fee does not automatically grant Verified Account status. All required checks must be completed successfully.
5.7. Failure to pay the verification fee does not automatically delete the Account or impose a waiting period before later activation.
5.8. An exception to the full verification fee applies to Accounts of businesses invited by a Private Board owner to cooperate on that Board, to the extent specified in these Terms and Conditions.
6. Verification of a Bank Account for Receiving Advances
6.1. A transfer made during verification also serves to identify the business’s bank account.
6.2. The account from which a valid verification transfer was made may be recognised as verified for receiving advance payments connected with transport services.
6.3. The Transport Platform allows one current bank account to be designated for receiving advance payments.
6.4. Account verification using a transfer of PLN 20 does not automatically enable receipt of advances in EUR.
6.5. A User who verified an Account in PLN and intends to receive EUR advances must complete additional verification by transferring EUR 10 from the appropriate bank account of the represented business.
6.6. Additional verification in EUR does not require the creation of another User Account.
6.7. Designating a bank account to receive advances does not mean that the Administrator intermediates in transfers between the parties to a contract of carriage.
6.8. Advances for transport services are paid directly between the Principal and the Carrier or another authorised Contractor, without passing through the Administrator’s bank account.
6.9. Bank-account confirmation is not a guarantee of business solvency, carriage performance or proper settlement of an advance.
6.10. The Administrator may require renewed bank-account verification if account details change or justified irregularities are identified.
7. Activation of a Verified Account
7.1. Once verification has been completed successfully, the Administrator activates the User Account and grants the appropriate Transport Platform permissions.
7.2. Activation takes place within 48 hours after all requirements have been met, including delivery of documents and clearance of the verification fee. Sundays and statutory public holidays are not counted.
7.3. An Account that successfully passes verification receives Verified Account status.
7.4. Verified status is indicated on the Website by an appropriate graphic symbol, particularly a green verification mark.
7.5. Verified status confirms that the Administrator has performed the specified checks on business details and required documents.
7.6. Verified status does not guarantee solvency, reliability, validity of all authorisations or proper performance of services by the business.
7.7. Users must independently assess the terms of cooperation and commercial risks of contracting with other businesses.
8. Registration by Partner Invitation
8.1. The Transport Platform permits Account registration using an individual invitation or partner link sent by another Website User.
8.2. Registration through an ordinary partner link does not waive full Account verification or the EUR 10 or PLN 20 verification fee where the User wishes to use functions requiring Verified Account status.
8.3. Receiving a partner invitation does not automatically grant access to Private Boards or other functions reserved for verified Users.
8.4. Users registering through an ordinary partner invitation follow the standard Account verification and activation procedure.
8.5. An exception applies to invitations from the owner of a particular Private Board to cooperate on that Board, under section 9 of this Chapter.
9. Private Board Invitation without Full Verification
9.1. A duly authorised Private Board owner may invite businesses to cooperate on their Board.
9.2. A business invited to a particular Private Board may create an Account without paying the standard verification fee of EUR 10 or PLN 20.
9.3. After successful registration through an invitation to a particular Private Board, the User automatically receives restricted access to that Board, within the scope of the invitation and permissions specified by its owner.
9.4. An Account without full verification displays the message:
“Warning: Unverified Account!”
9.5. The Private Board owner decides which functions are available to the invited User.
9.6. Using the available management tools, the Private Board owner may, in particular:
a) grant specific permissions;
b) change the scope of granted permissions;
c) temporarily suspend access to the Board;
d) restore previously suspended access;
e) remove a User from that Private Board.
9.7. Access to a particular Private Board does not automatically grant access to other Boards or Platform functions requiring full Account verification.
9.8. A User with an Unverified Account may apply for full verification under these Terms.
9.9. After successful full verification, the Account may obtain Verified status and access to additional functions under the permissions granted.
9.10. Exemption from the verification fee does not exempt a business from holding legally required licences, permits or other authorisations necessary for transport activities.
9.11. Removing a User from a particular Private Board does not automatically delete their Transport Platform Account or erase cooperation records, documents or other data retained under these Terms and applicable law.
10. Provision of a Private Board of One’s Own
10.1. The option to create and operate a Private Board is available to businesses that have successfully completed full Account verification.
10.2. This function is made available as part of individual cooperation with the Website Administrator, taking account of the business’s activities and the intended use of the Private Board.
10.3. Successful Account verification does not automatically confer the right to create or operate a Private Board.
10.4. Permission to operate a Private Board is granted by the Administrator’s individual decision.
10.5. A business granted a Private Board may manage cooperation with invited contractors and use the Board owner’s administrative functions.
10.6. Further provisions of these Terms govern Private Board use and participant management.
11. Multiple User Accounts for One Company
11.1. The Transport Platform allows several individual User Accounts to represent the same business.
11.2. Each Account has separate login credentials and is assigned to a specific User.
11.3. Each Account subject to full verification requires an individual verification procedure and payment of the relevant fee.
11.4. Verified status granted to one User does not automatically extend to other Accounts representing the same business.
11.5. The business must ensure that persons using Accounts associated with it hold appropriate authorisations.
11.6. Users must not disclose login credentials to unauthorised persons.
11.7. The liability of the business and individual Users for activities performed through Accounts is governed by applicable law and further provisions of these Terms.
12. Inactive and Unverified Accounts
12.1. A registered Account that has not received the permissions required to use Platform functions may remain in the system as an Inactive Account.
12.2. An Inactive Account carries no permissions for functions intended for active Users, unless the Administrator grants access within the limits of these Terms.
12.3. Non-payment of the verification fee does not automatically delete the Account or impose any temporary prohibition on its later activation.
12.4. The User may apply for full verification and appropriate permissions at a later date after meeting the requirements of these Terms.
12.5. Remaining inactive because verification has not been completed is not a sanction for breach of these Terms.
12.6. The Administrator may send system messages concerning registration, Account status, security and Website conditions to the Account’s email address.
12.7. An invited Private Board User with restricted access without full verification is not treated as completely inactive for the functions granted by the Board owner.
12.8. Inactive Account data retention is governed by the Website Privacy Policy and applicable personal data protection law.
13. Reverification and Additional Account Verification
13.1. The Administrator may reverify or additionally verify an Account where reasonable doubts arise about User data or continued compliance with Platform requirements.
13.2. Reverification may be justified in particular by:
a) changes in the business’s registration details;
b) changes to or loss of required authorisations, licences or permits;
c) detection of discrepancies between Account details and available information;
d) reasonable suspicion of unauthorised Account use;
e) circumstances indicating a breach of these Terms or the law;
f) the need to reconfirm bank-account details.
13.3. The Administrator may request additional documents or explanations needed to complete verification.
13.4. Where significant irregularities are found, the Administrator may restrict access to particular Account functions pending clarification, in accordance with these Terms and applicable law.
14. Refusal to Activate an Account
14.1. The Administrator may refuse Account activation where:
a) false information was provided;
b) submitted documents raise justified doubts about authenticity;
c) authorisations required for the declared business activity are lacking;
d) business details or the User’s authority to represent the business cannot be confirmed;
e) documents necessary for verification are refused;
f) material circumstances suggest an attempt to circumvent these Terms or use the Platform unlawfully.
14.2. The Administrator may also refuse activation where a new User represents a business whose earlier Account was suspended, blocked or deleted for a serious breach of these Terms or applicable law, where the circumstances justify that restriction.
14.3. The Administrator may request further explanations before deciding whether to activate the Account.
14.4. Refusal of activation should be based on justified circumstances and comply with applicable law.
14.5. The User may request reasons for the refusal and reconsideration in accordance with these Terms.
15. Refund of the Verification Fee
15.1. The verification fee is remuneration for the work involved in identifying and verifying a User Account.
15.2. If verification has begun, an unsuccessful outcome does not in itself justify a refund for verification work actually performed, subject to applicable law.
15.3. If verification services are not performed for reasons attributable to the Administrator, any refund is governed by applicable law and the complaints provisions of these Terms.
15.4. These provisions do not exclude User rights arising under mandatory law.
16. Obligation to Update Information
16.1. Users must provide truthful information and keep it current throughout their use of the Transport Platform.
16.2. The updating obligation applies in particular to:
a) the business name and registration information;
b) registered office address;
c) contact details;
d) authorisation to represent the business;
e) required licences, permits and other documents;
f) details of the bank account used for advance payments.
16.3. Users must promptly inform the Administrator of significant changes that may affect their Account verification status.
16.4. A User who loses authorisation required for transport activities must cease offering services that they may no longer lawfully perform.
16.5. The Administrator may request resubmission of specified documents or details to confirm continued compliance with Platform conditions.
17. Personal Data Protection and Electronic Communication
17.1. Personal data of Users and business representatives are processed in accordance with applicable law, in particular the GDPR.
17.2. Personal data may be processed to the extent necessary to:
a) operate an Account;
b) identify and verify the User;
c) provide electronic services;
d) fulfil the Administrator’s legal obligations;
e) ensure Website security;
f) pursue or defend legal claims where an appropriate legal basis exists.
17.3. Registering an Account does not automatically constitute consent to processing personal data for marketing purposes.
17.4. If processing requires the User’s consent, it must be obtained separately in accordance with applicable law.
17.5. The Administrator may send Users system messages concerning, in particular:
a) registration confirmation;
b) Account activation and verification;
c) changes to Account status and permissions;
d) Account security;
e) payments for Platform services;
f) amendments to these Terms and service conditions;
g) other activities connected with Account management and electronic services.
17.6. System messages about Account management and service delivery do not constitute an advertising newsletter.
17.7. Detailed information on the purposes, legal bases and periods of personal data processing and data subjects’ rights is set out in the Website Privacy Policy.
18. Closure of a User Account
18.1. A User may request Account closure by sending an appropriate statement to the Administrator’s email address specified on the Website.
18.2. The request should be sent from the email address linked to the Account or in another manner allowing the Administrator to verify the requester’s authority.
18.3. The Administrator may undertake additional verification of the requester where necessary for Account security.
18.4. After granting the request, the Administrator takes steps to terminate the services associated with the Account and remove its data from public presentation on the Website.
18.5. Account data are removed from public display on the Website within 30 days after acceptance of a valid request and confirmation of the requester’s authority, subject to legal obligations.
18.6. Account closure does not automatically delete all data and documents concerning contracts concluded, carriage performed, settlements and activity history on the Platform.
18.7. Data whose continued retention is necessary to fulfil legal obligations, protect other transaction participants’ rights or pursue or defend claims may be kept for periods justified by the applicable legal grounds.
18.8. Otherwise, the retention periods in the Privacy Policy and specific document-retention rules apply.
18.9. Deleting one User’s individual Account does not automatically delete Accounts held by other Users representing the same business.
18.10. Account closure does not release parties to existing transport agreements from their contractual and legal obligations.
CHAPTER III. TRANSPORT PLATFORM SERVICES AND FUNCTIONS
§ 1. Scope of Services Provided by the Transport Platform
1.1. The Transport Platform is an online ICT system supporting the organisation, performance and settlement of transport services and management of cooperation between businesses.
1.2. The Administrator provides Users with services and functions enabling, in particular:
a) publishing, viewing and managing transport advertisements;
b) establishing cooperation between Principals, Carriers and other transport-process participants;
c) submitting, accepting and managing transport offers;
d) electronically preparing, generating, concluding and managing contracts of carriage;
e) automating selected transport-organisation tasks;
f) monitoring individual transport stages;
g) sharing information about arrivals, loading, unloading and delays;
h) generating and handling international CMR and domestic consignment notes;
i) electronically confirming specific actions related to carriage;
j) storing, sharing, sending, downloading and archiving transport documents;
k) generating reports and exporting documents and data;
l) managing contractors, transport partners and User permissions;
m) using the notification and alert system;
n) using Platform settlement points;
o) exchanging data with external IT systems;
p) using available training, information and other additional services.
1.3. Functions may be offered free of charge or for a fee in accordance with these Terms, the Price List and the relevant service conditions.
1.4. Use of the Transport Platform does not require purchasing a subscription or making recurring subscription payments.
1.5. Available services depend on Account status, permissions, business type and the functions made available to the User.
1.6. Description of a function in these Terms does not mean it is available to every User. Access may depend on meeting its specific conditions.
1.7. The Administrator may expand the range of services, introduce new functions and modernise existing solutions subject to these Terms and applicable law.
§ 2. Free Services
2.1. The Transport Platform provides specified free services whose scope may depend on User status and the access rules for particular Website sections.
2.2. Free services include, in particular:
a) viewing publicly available information on the Website;
b) reading articles, guides, instructions and other informational materials;
c) browsing Vehicle Board advertisements to the extent they are publicly available;
d) viewing other Website content made available without a charge;
e) using free functions intended for specified User categories;
f) publishing advertisements on the Public Board under Chapter IV;
g) using other services expressly designated as free by the Administrator.
2.3. Some free services may require Account registration, specified permissions or successful verification.
2.4. Free access to a function does not automatically mean that all related services are free.
2.5. Where a function is paid, the applicable fee should be disclosed before ordering or activation.
§ 3. Transport Platform Contract of Carriage (UPPT)
3.1. The Transport Platform provides the UPPT system – Transport Platform Contract of Carriage – for electronically preparing, generating, concluding and administering contracts of carriage.
3.2. In particular, UPPT enables:
a) preparation of a contract of carriage based on transport-order data;
b) completion and verification of the contracting parties’ details;
c) specification of loading and unloading locations and dates;
d) specification of the goods carried and their parameters;
e) specification of financial and organisational carriage conditions;
f) identification of documents required to settle the transport service;
g) preparation of the contract document for approval by the relevant parties;
h) recording actions connected with contract conclusion and performance;
i) handling amendments and corrections within the system’s capabilities;
j) generating contract-related documents and reports.
3.3. UPPT contract data may be imported from a transport advertisement and completed or amended by authorised Users within the system’s permitted scope.
3.4. Users responsible for preparing and concluding a contract must verify its accuracy, particularly party details, cargo, dates, remuneration and other carriage conditions.
3.5. The system may record amendments and corrections to a contract, including their scope, date and identification of the User performing them.
3.6. UPPT may be used for contracts based on transport advertisements and other Platform functions where the solution is provided for the transaction.
3.7. The UPPT contract is concluded between the relevant transaction parties. The Administrator provides preparation, conclusion and management tools but does not become a party to the contract of carriage.
3.8. Detailed rules for concluding, approving, amending, performing and completing UPPT contracts are set out in relevant provisions of these Terms and the UPPT usage conditions.
§ 4. Automation of Transport Processes
4.1. The Transport Platform provides tools for automating selected transport-organisation activities and transport-offer management.
4.2. Automation tools include, in particular, “Accept Freight” and “Freight Assistant”.
4.3. The “Accept Freight” function allows an authorised User to accept a transport order on terms specified by the Principal.
4.4. “Freight Assistant” enables the Principal to define conditions under which the system may automatically select and accept a transport offer.
4.5. Automation conditions may include, in particular:
a) the starting price;
b) the maximum permitted freight price;
c) specified price thresholds;
d) offer acceptance deadlines;
e) conditions for automatic offer acceptance;
f) other criteria available in the configuration of the relevant function.
4.6. Activating automatic acceptance requires the authorised User to specify and approve the relevant conditions in advance.
4.7. Automatic offer acceptance may result in a contract of carriage between the relevant transaction parties on the terms they have adopted.
4.8. A UPPT contract is generated automatically only where that type of contract has been selected for the relevant order.
4.9. Automation does not relieve Users of properly defining the order conditions and checking the data on which the system operates.
4.10. Detailed rules for “Accept Freight” and “Freight Assistant”, including offer submission, validity and automatic acceptance, are set out in Chapter IV.
§ 5. Logistics Check
5.1. The Transport Platform provides tools to help verify data concerning intended transport operations.
5.2. Logistics checks may cover, in particular:
a) accuracy and consistency of transport dates;
b) the sequence of loading and unloading operations;
c) compatibility of specified cargo parameters with vehicle parameters;
d) completeness of required transport data;
e) compatibility of selected order conditions with automatic-function settings;
f) other checking rules provided by the Administrator.
5.3. Check results may be displayed as information messages, warnings or detected-error notices.
5.4. The Administrator may provide functions for rechecking changed data and confirming that specified warnings have been read.
5.5. Logistics checks are advisory and do not replace professional assessment of carriage conditions or participants’ legal obligations.
5.6. The absence of a system warning does not guarantee that all information is correct or that carriage can be performed.
5.7. Users are responsible for data accuracy and decisions made from those data, without prejudice to the Administrator’s liability for the proper provision of its own electronic services.
§ 6. Monitoring Transport Performance
6.1. The Transport Platform offers functions for recording and monitoring individual transport-order stages.
6.2. Transport monitoring may include, in particular:
a) commencement of the order;
b) scheduled arrival times at loading and unloading locations;
c) notification of arrival at loading;
d) confirmation of completed loading;
e) notification of arrival at unloading;
f) confirmation of completed unloading;
g) notification of delay;
h) updating estimated arrival time;
i) completion of specified transport stages;
j) communication of other information relating to order performance.
6.3. Transport information may be provided to the Principal, Carrier and other authorised participants according to their permissions.
6.4. The system may record dates and times of specified events and a history of changes to information provided during carriage.
6.5. Monitoring relies on available system data, particularly information supplied by transport participants.
6.6. Estimated arrival times are indicative unless particular order conditions give that information a different effect.
6.7. Monitoring does not guarantee timely carriage or independently confirm the vehicle’s actual location.
§ 7. Driver Panel
7.1. The Driver Panel is a Transport Platform function enabling drivers to report information on a specified transport operation.
7.2. Access may be granted using an individual link generated by an authorised User.
7.3. A driver using such a link need not register a separate Transport Platform Account.
7.4. The Driver Panel may allow, in particular:
a) reporting commencement of a transport stage;
b) providing estimated arrival times;
c) confirming arrival at loading or unloading;
d) reporting completion of loading and unloading;
e) reporting delays;
f) entering additional operational information supported by the system;
g) accessing documents associated with the transport;
h) carrying out tasks involving electronic transport documentation.
7.5. Data visible in the Driver Panel are limited to information shared under the relevant authorisation.
7.6. An authorised User may manage Driver Panel access as supported by the system, in particular by deactivating the shared link.
7.7. A person using the Driver Panel must report accurate information reflecting the actual circumstances.
7.8. Sharing an individual link with an unauthorised person may disclose transport data. The User sharing the link should take appropriate precautions.
§ 8. International and Domestic Consignment Notes
8.1. The Transport Platform provides tools for preparing, generating and handling transport documents, particularly:
a) international road consignment notes (CMR);
b) domestic consignment notes;
c) other documents supported by the relevant function.
8.2. Transport documents may be prepared using UPPT contract data and information added by authorised transport participants.
8.3. The system may allow several consignment notes to be created for the same UPPT contract.
8.4. Each transport document may have its own identification number and information linking it to the relevant contract and transport operation.
8.5. Document handling may include actions by the Consignor, Carrier, Driver and Consignee, according to their respective permissions.
8.6. Available system functions may include:
a) completing document data;
b) reviewing document content;
c) entering vehicle details;
d) adding comments and reservations;
e) recording confirmations and electronic signatures in the form supported by the system;
f) generating a PDF document;
g) downloading the document;
h) storing it in the Document Bank;
i) sharing it with authorised transport participants.
8.7. Users responsible for issuing a document must ensure that its content reflects the facts and applicable legal requirements.
8.8. Electronic preparation or generation of a document on the Platform does not automatically satisfy all formal requirements applicable to that document.
8.9. In particular, electronic confirmations available on the Platform do not automatically satisfy the special legal requirements for electronic eCMR consignment notes.
8.10. Detailed rules for issuing transport documents, entering confirmations and sharing documents are determined by the conditions of the relevant Platform functions.
§ 9. Electronic Confirmations and Activity History
9.1. The Transport Platform allows recording of specified actions and statements concerning the preparation, conclusion and performance of contracts of carriage.
9.2. In particular, the system may record:
a) the date and time of an action;
b) the type of action;
c) information identifying the User or person using a shared link;
d) information on submitted confirmations;
e) the document amendment history;
f) comments or reservations entered;
g) other technical data necessary to document the process.
9.3. Activity history may be used to reconstruct how an order was performed and document particular events.
9.4. The information recorded depends on the function and technical mechanisms employed.
9.5. An electronic confirmation recorded by the Platform documents a particular act or statement. Its legal effect is assessed under applicable law and the circumstances of the event.
9.6. The system may use technical mechanisms to check data and document integrity, particularly document identifiers and checksums calculated by hash functions.
9.7. An integrity-checking mechanism does not itself guarantee the authenticity of the identity of the person giving confirmation.
§ 10. Document Bank
10.1. The Document Bank is a Transport Platform function for storing, organising and sharing documentation related to Website services, particularly contracts of carriage and their performance.
10.2. The Document Bank may include, in particular:
a) UPPT contracts;
b) international CMR consignment notes;
c) domestic consignment notes;
d) documents confirming transport operations;
e) documents required for freight settlement;
f) contract performance reports;
g) records of amendments and corrections;
h) electronic confirmation history;
i) other documents related to transport orders.
10.3. Available documents depend on the contract type, functions used and User permissions.
10.4. Documents may be linked to a UPPT contract, transport order, consignment note or other identifier used by the Platform.
10.5. The Document Bank allows documents to be organised and later located to the extent supported by its functions.
10.6. Only appropriately authorised persons and entities may access documentation, subject to applicable law.
10.7. The Administrator may use technical safeguards to protect documents against unauthorised access, accidental loss and unauthorised changes.
10.8. The Document Bank does not offer indefinite document storage unless specific service terms expressly provide otherwise.
10.9. Use of the Document Bank does not release Users from legal document-retention obligations.
§ 11. Sending, Sharing and Downloading Documents
11.1. The Transport Platform enables authorised Users to use electronic document circulation functions.
11.2. In particular, the available tools may enable Users to:
a) submit documents to the appropriate system sections;
b) share documents with other authorised transport participants;
c) download documents stored in the system;
d) generate documents in supported formats;
e) use automatic document-transfer mechanisms;
f) download consolidated document packages;
g) export data associated with specified documents.
11.3. Documents may be shared through a User panel, individual link, Document Bank function or another supported mechanism.
11.4. Where supported, the system may automatically send documents or sharing-related notifications to specified email addresses.
11.5. Automatic transmission of an email does not guarantee successful delivery to the recipient’s inbox.
11.6. Users must provide correct contact details and ensure that electronic correspondence concerning Platform services can be received.
11.7. An authorised User may download documents while they remain available in the system.
11.8. Downloading a document does not automatically remove the original file stored in the Document Bank.
11.9. Downloading, sending and sharing options may differ according to the User’s role and document type.
11.10. The Administrator may record specified electronic document-circulation events insofar as necessary for service delivery, security and documenting actions.
§ 12. Document Retention and Archiving
12.1. Documents stored in the Document Bank are subject to the retention rules for this function.
12.2. Retention periods may depend on document type, service characteristics and applicable law.
12.3. Under the Document Bank’s adopted operating model, documents covered by the automatic sending mechanism are scheduled to be sent to the authorised User on the 90th day of the retention period and deleted from the Document Bank on the 121st day, except for documents that must be retained longer under law.
12.4. The detailed rules made available to Users specify when the retention period begins, which documents are sent automatically and how they are delivered.
12.5. Users should independently download and safeguard documents they wish to keep after Platform availability ends.
12.6. The Administrator may provide functions to download individual documents or combined document packages.
12.7. Following expiry of the applicable retention period, documents may be deleted from the active Document Bank in accordance with the retention rules.
12.8. Deletion of Document Bank files does not automatically delete all data related to the service, particularly information whose continued retention is legally required or justified on another applicable legal basis.
12.9. The Administrator is not obliged to retain documents indefinitely beyond the period applicable to the service.
12.10. Users remain responsible for archiving documents to the extent required by laws applicable to them.
§ 13. Reports, PDF Documents and Data Export
13.1. The Transport Platform provides tools for generating documents, reports and data summaries relating to Website services.
13.2. Depending on the function, documents and data may be exported in the following formats:
a) PDF – documents, contracts, consignment notes, reports and summaries;
b) CSV – structured data summaries for settlement, invoicing and further processing;
c) JSON – data for automated processing by IT systems;
d) XML – data for exchange with external systems;
e) ZIP – consolidated packages of documents and data.
13.3. Exported data may include, in particular:
a) information identifying the contract of carriage;
b) contracting parties’ details;
c) cargo information;
d) the route and locations of transport operations;
e) loading and unloading dates;
f) remuneration and settlement currency;
g) transport performance statuses;
h) documents and history of selected actions;
i) other data supported by the export profile.
13.4. Export contents depend on the document type, User permissions and tool configuration.
13.5. Exports may be prepared in different versions, particularly for Principals, Carriers, accounting settlements and ERP/TMS systems.
13.6. The Administrator may provide export profiles tailored to specific data scopes and structures.
13.7. Users are responsible for proper use of downloaded data in external systems and compliance with data-processing law.
13.8. Providing a file in a given format does not guarantee automatic compatibility with every external IT system.
§ 14. Consolidated ZIP Document Packages
14.1. The Transport Platform may offer downloads of consolidated documentation packages for a particular contract of carriage.
14.2. Such a package may include, in particular:
a) the contract of carriage in PDF;
b) related consignment notes;
c) the transport performance report;
d) documents required for settlement;
e) history of specified actions and confirmations;
f) information on recorded electronic signatures and confirmations;
g) available evidence relating to carriage;
h) files containing information to verify document integrity.
14.3. Package contents depend on the contract type, available documentation and service configuration.
14.4. The package may contain a manifest with identifying and technical information about its files.
14.5. The system may use document checksums, particularly hash functions, to enable detection of later changes to file contents.
14.6. The ZIP package is primarily intended for structured downloading and archiving of documentation.
14.7. Creating a ZIP package does not itself give documents special legal force or verify the identities of everyone involved in preparing them.
14.8. Users should store downloaded packages so as to maintain adequate security and document integrity.
§ 15. My Contractors
15.1. The Transport Platform provides “My Contractors” to organise and manage cooperation between businesses, particularly within Private Boards.
15.2. This function allows authorised Users to manage information about contractors and their participation in forms of cooperation.
15.3. The Private Board owner or another duly authorised User may, in particular:
a) view the list of contractors;
b) manage cooperation participants;
c) view contractors’ identifying information;
d) grant or change permissions for a Private Board;
e) temporarily suspend contractor access;
f) restore suspended access;
g) remove a contractor from a Private Board;
h) view available cooperation history.
15.4. Where supported, the system may allow private notes, tags, categories or ratings to be saved for the User’s own organisational purposes.
15.5. The information referred to in clause 15.4 does not constitute an official assessment of the business issued by the Platform Administrator.
15.6. Removing a contractor from a Private Board revokes their permissions for that Board.
15.7. It does not automatically delete the contractor’s Transport Platform Account.
15.8. Removing a contractor from a Private Board does not automatically erase recorded cooperation history, UPPT contracts, transport documentation or other information whose retention is lawful.
15.9. If access to the same Private Board is granted again, previous cooperation information may remain available according to User permissions and data-retention rules.
15.10. Granting or revoking permissions through “My Contractors” does not grant or withdraw Verified Account status assigned by the Website Administrator.
15.11. Detailed Private Board access and participant-management rules are in Chapter IV.
§ 16. Your Partners
16.1. The Transport Platform provides “Your Partners” to invite businesses to use the Platform and establish transport cooperation.
16.2. Invitations may be sent, in particular, to:
a) Carriers;
b) Principals;
c) manufacturers and consignors;
d) trading businesses;
e) freight forwarders;
f) other businesses involved in transport processes.
16.3. An invitation may contain an individual link allowing Account registration or participation in specified cooperation.
16.4. Permissions arising from an invitation depend on its type and these Terms.
16.5. An ordinary partner invitation not linked to a particular Private Board does not waive full Account verification.
16.6. An invitation to a particular Private Board may allow restricted Board access without paid Account verification, in accordance with Chapter II.
16.7. Users of “Your Partners” must use it for its intended purpose and comply with applicable law and electronic-communication rules.
16.8. Using the invitation system to distribute unsolicited commercial communications in breach of applicable law is prohibited.
§ 17. Private Board User Management
17.1. The Transport Platform provides functions to manage Users participating in cooperation on Private Boards.
17.2. Administrative permissions depend on the User’s role and permissions on the relevant Private Board.
17.3. In particular, the function may allow:
a) viewing Board participants;
b) granting access;
c) defining permissions;
d) changing permissions;
e) temporarily suspending access;
f) restoring access;
g) revoking permissions for a particular Board.
17.4. The Private Board owner determines the scope of cooperation with invited businesses within the available functions and applicable law.
17.5. Access to one Private Board does not automatically confer access to other Boards or functions requiring separate verification.
17.6. User-management actions may be logged for security, reconstruction of changes and resolution of disputes.
17.7. Revocation of Private Board access does not automatically terminate existing contracts of carriage or obligations under them.
§ 18. System Notifications and Alerts
18.1. The Transport Platform uses notifications to inform Users of events associated with Website services.
18.2. Notifications may concern, in particular:
a) new advertisements and transport offers;
b) acceptance or rejection of an offer;
c) preparation and conclusion of a UPPT contract;
d) changes to contract terms;
e) commencement of carriage;
f) estimated vehicle arrival;
g) arrival at the loading location;
h) completion of loading;
i) arrival at the unloading location;
j) completion of unloading;
k) reporting a delay;
l) sharing documents;
m) the need to download documents;
n) an approaching document-retention deadline;
o) changes to Private Board permissions;
p) payments related to Platform services;
q) Account security.
18.3. Notifications may be delivered by email, through the User panel or other communication channels supported by the system.
18.4. Some notifications are functional messages necessary for proper electronic service provision.
18.5. The Platform may also provide optional alerts, including notices about advertisements matching search criteria set by the User.
18.6. Where configuration is available, Users may manage notification settings within the system’s capabilities.
18.7. System notifications concerning Account management, contract conclusion, carriage performance and security are not advertising newsletters.
18.8. The Administrator does not guarantee uninterrupted, immediate delivery of every notification, particularly where problems arise outside the Platform’s infrastructure.
18.9. Users should independently monitor information concerning their contracts and ongoing carriage. The Administrator’s liability for the notification service is governed by these Terms and applicable law.
§ 19. Points System and Paid Services
19.1. The Transport Platform may use a points system to settle fees for specified services and functions.
19.2. Points may be used, in particular, to:
a) activate particular services;
b) publish selected advertisements;
c) use additional functions;
d) launch specified automation tools;
e) perform other activities listed in the Price List.
19.3. The Administrator may award points through promotions, incentive schemes, additional services or other mechanisms specified in these Terms.
19.4. The Price List and relevant provisions of these Terms govern the purchase, award, use and accounting of points.
19.5. Users should be informed of a function’s cost before paid activation, where applicable.
19.6. Service prices may be stated in euros (EUR), Polish zloty (PLN) or points according to the relevant function.
19.7. The points system does not constitute a subscription scheme.
19.8. Fees for Platform services are separate from amounts due under contracts of carriage between Users.
§ 20. Integration with ERP, TMS and Invoicing Systems
20.1. The Transport Platform provides or may provide functions for exchanging data with external IT systems used by businesses.
20.2. Integrations may include, in particular:
a) enterprise resource planning (ERP) systems;
b) transport management systems (TMS);
c) invoicing software;
d) accounting systems;
e) other systems handling logistics and financial processes.
20.3. Data may be exchanged using file exports, adapters, application programming interfaces or other technical solutions provided by the Administrator.
20.4. Exchanged data may include information about contracts of carriage, transport orders, documentation and settlements.
20.5. The Administrator may provide export profiles and other tools for tailoring data to particular external systems.
20.6. Some integrations may require installation, configuration or activation of an adapter.
20.7. Selected adapters or additional integration services may be paid, under terms disclosed before ordering.
20.8. The Administrator may introduce tools allowing Users to manage their active integrations and adapters independently.
20.9. The Administrator does not guarantee compatibility with every external IT system.
20.10. Users are responsible for properly configuring external systems and ensuring legally compliant data processing insofar as these matters are under their control.
20.11. The Administrator’s liability for integration services is governed by these Terms, relevant service terms and applicable law.
§ 21. Individual Training Services
21.1. The Administrator may provide paid training on using the Transport Platform and its functions.
21.2. Training may cover, in particular:
a) User Account operation;
b) use of advertisement Boards;
c) managing transport offers;
d) preparing and concluding UPPT contracts;
e) using the Driver Panel;
f) generating and handling transport documents;
g) using the Document Bank;
h) operating automation tools;
i) other Platform functions.
21.3. Training may be offered as individual sessions or defined training packages.
21.4. Package contents, duration, participant numbers, price and additional benefits are specified in the current training offer.
21.5. Training packages may include additional points for Platform use.
21.6. If a package includes additional benefits, their nature and scope are specified in its offer.
21.7. The Administrator may set a maximum number of participants for individual training.
21.8. Platform training is instructional or educational and does not replace qualifications required by law.
21.9. Detailed terms of training, including booking, payment, rescheduling and cancellation, are specified in the training offer or separate conditions provided before ordering.
§ 22. Business Profiles and Presentation Services
22.1. The Administrator may offer services allowing businesses to present information about their activities.
22.2. These services may include creating and publishing business profiles.
22.3. A business profile may contain information about its activities, contact details and other materials supported by the function.
22.4. Published information depends on the service type and the Website’s technical capabilities.
22.5. Business profiles may be provided as a separate service or an additional benefit under a particular offer.
22.6. Conditions, including publication period, available functions and any fees, are specified in the relevant service terms.
22.7. Users are responsible for the legality, accuracy and currency of information and materials supplied for publication.
22.8. The Administrator may introduce additional tools to help present businesses and establish business cooperation.
§ 23. Communication and Cooperation Tools
23.1. The Transport Platform may provide additional tools for communication and cooperation between Users.
23.2. Such functions may include, in particular:
a) sending service-related messages;
b) sharing information about transport cooperation;
c) displaying specified data and documents;
d) demonstrating Platform functions;
e) sharing screen content or other materials as supported by the service;
f) other tools supporting cooperation between businesses.
23.3. Available tools, participant numbers and technical requirements may depend on the function.
23.4. Communication tools must not be used to infringe other Users’ rights or applicable law.
23.5. The Administrator may impose additional terms for specific communication tools, particularly concerning security and data protection.
§ 24. Development of Educational, Examination and Certification Services
24.1. The Administrator envisages expanding Platform services to include an electronic training, knowledge-testing, examination and certification system.
24.2. Future functions may allow, in particular:
a) access to educational materials;
b) participation in online training;
c) completion of knowledge tests;
d) taking examinations;
e) recording test and examination results;
f) issuing certificates confirming completion of training or examination requirements;
g) retaining information about certificates obtained;
h) sharing certificate information as supported by the service.
24.3. Detailed training and examination conditions, certificate requirements and validity rules, and any fees will be specified before the functions are launched.
24.4. Certificates issued by the Administrator may confirm completion of training or achievement of a required examination result.
24.5. These certificates are not state licences, permits or professional qualification certificates unless separate laws and the Administrator’s authorisations expressly provide otherwise.
24.6. These provisions do not oblige the Administrator to launch the functions by any particular date.
§ 25. Information and Materials Available on the Website
25.1. The Transport Platform may provide articles, instructions, guides, educational materials, document templates and other information about transport and business operations.
25.2. General information and materials provided by the Administrator are intended for information, instruction or education.
25.3. They do not constitute individual legal, tax, accounting or other specialist advice unless the Administrator expressly designates a particular service otherwise.
25.4. Users should independently assess the suitability of materials for their activities, taking account of applicable law and individual circumstances.
25.5. The Administrator exercises due care in preparing materials, but general information does not guarantee particular business or legal outcomes.
25.6. This section does not exclude the Administrator’s liability for improper performance of its own services under applicable law.
§ 26. Use of Functions and Prohibition of Abuse
26.1. Users must use the Transport Platform for its intended purpose, in accordance with these Terms and applicable law.
26.2. Website functions must not be used for unlawful actions or infringements of others’ rights.
26.3. In particular, it is prohibited to:
a) publish unlawful content;
b) impersonate other businesses or individuals;
c) post false information intended to mislead Users;
d) infringe copyright, trademark rights or other third-party rights;
e) use the Platform to fraudulently obtain money or data;
f) endanger Website security;
g) transmit malicious software;
h) use other Users’ data for prohibited marketing;
i) distribute spam or unsolicited commercial communications in breach of law;
j) attempt to circumvent system security measures or access restrictions.
26.4. Contact details obtained from the Platform must not be used for purposes inconsistent with the Website’s intended purpose, these Terms or the law.
26.5. Publishing promotional or advertising content outside designated functions requires appropriate permission or Administrator consent where these Terms so provide.
26.6. The Administrator may apply measures under these Terms to content or conduct that breaches the law or Website rules.
26.7. Such measures may include limiting content visibility, refusing publication, removing content or restricting access to functions.
26.8. Decisions on access restrictions, content moderation and measures against Users are made in compliance with applicable law, including relevant DSA obligations.
26.9. Further provisions of these Terms govern content moderation and responses to violations.
§ 27. Nature of Services and Participants’ Responsibility
27.1. The Transport Platform provides ICT infrastructure and tools for organising and managing transport cooperation between businesses.
27.2. The Administrator does not become a party to contracts of carriage between Users merely by providing tools for their preparation, conclusion or administration.
27.3. This also applies to contracts prepared or automatically generated through UPPT and contracts concluded using automatic offer acceptance.
27.4. Users independently determine contract terms and are responsible for performing contractual obligations in accordance with applicable law.
27.5. The Administrator does not guarantee carriage performance, timely delivery, counterparty solvency or correct settlement between Users.
27.6. Automation, logistics checks, monitoring and document-management tools do not relieve Users of the duty to exercise due care in business.
27.7. Users are responsible for the truthfulness and currency of Platform data and the authorisations needed to perform actions through the Website.
27.8. The Administrator is responsible for its own electronic services under these Terms and applicable law.
27.9. Nothing herein excludes or limits the Administrator’s liability where doing so would be unlawful.
§ 28. Development and Updating of Transport Platform Services
28.1. The Administrator may develop the Transport Platform by introducing new functions, improving existing tools and offering additional services.
28.2. Development may include, in particular:
a) new transport-process automation tools;
b) new transport-document management methods;
c) expanded UPPT functions;
d) additional reporting and data-export systems;
e) new ERP and TMS integration options;
f) additional training and educational services;
g) examination and certification solutions;
h) other services supporting business cooperation.
28.3. Specific conditions for new services may be set out in separate rules provided before ordering or activation.
28.4. Introducing a new function does not automatically give every User access to it.
28.5. If a new function involves a fee, the Administrator will disclose the payment terms before ordering or activation.
28.6. Changes in the provision of existing services and terms of electronic service agreements are subject to these Terms and applicable law.
CHAPTER IV. ADVERTISEMENT BOARDS AND RULES FOR THEIR USE
§ 1. General Provisions
1.1. The Transport Platform enables businesses to publish transport advertisements, search for loads and vehicles, submit and accept transport offers and establish business cooperation under these Terms and Conditions.
1.2. The Transport Platform includes the following advertisement Boards:
a) Public Board;
b) Cargo Board;
c) Vehicle Board;
d) Private Boards.
1.3. Boards differ in their purposes, access rules, available functions and methods of charging for particular services.
1.4. Boards are used through a User Account, except for functions expressly available to visitors who are not logged in.
1.5. The right to publish advertisements, view their details, submit offers and use additional tools depends on Account type, business verification status and permissions granted.
1.6. Special rules for Private Board access, including access by a business with an Unverified Account, are set out in Chapter II and this Chapter.
1.7. The Administrator provides ICT infrastructure for business cooperation and contracts between Users. Providing Boards and contract tools does not make the Administrator a party to a transport transaction.
1.8. Advertisements, offers and contracts must concern genuine transport services or other permitted functions consistent with the Board’s purpose.
1.9. Users must use Boards in accordance with fair business practices, other businesses’ rights and applicable law.
§ 2. Authority to Publish Advertisements
2.1. Advertisements may be published by Users holding the permissions required for the relevant registration, Account verification and Board type.
2.2. Users publishing advertisements must act for their own business or a business they are authorised to represent.
2.3. Transport-order advertisements may be published, in particular, by:
a) consignors;
b) consignees;
c) manufacturers;
d) trading businesses;
e) freight-forwarding businesses;
f) other entities authorised to organise or commission transport.
2.4. Businesses engaging in activities requiring permits, licences or other authorisations must hold the relevant documents required by law.
2.5. In particular, a business acting as an intermediary in goods carriage must hold legally required authorisations for that activity where applicable.
2.6. Publishing advertisements on behalf of unauthorised third parties, using other businesses’ details without authority and misrepresenting the nature of business activities are prohibited.
2.7. The fact that a business is neither the consignor nor the consignee does not breach these Terms if it is authorised to organise or commission the carriage.
2.8. The Administrator may request documents confirming the authority to conduct activities, represent a business or publish advertisements.
2.9. Refusing necessary documents or providing false information may lead to measures under these Terms.
§ 3. Preparing and Publishing Advertisements
3.1. An advertisement should contain information necessary to describe the intended carriage or vehicle offered accurately.
3.2. Cargo advertisements may include, in particular:
a) loading location or locations;
b) unloading location or locations;
c) dates of individual operations;
d) type of cargo;
e) cargo weight and other parameters;
f) required vehicle or trailer type;
g) financial conditions of carriage;
h) cargo-securing requirements;
i) required documents;
j) method of concluding the contract of carriage;
k) other conditions essential to fulfilling the order.
3.3. All fields marked mandatory in the form must be completed.
3.4. Advertisement data must reflect a genuine intention to transact and the actual conditions of the intended carriage.
3.5. Fictitious, misleading advertisements or advertisements posted without a genuine intention to cooperate are prohibited.
3.6. Users are responsible for the accuracy, completeness and currency of information entered in advertisements.
3.7. An advertisement is published after the form is correctly saved and the conditions for the relevant Board, including any applicable fee, have been met.
3.8. The Administrator may offer functions for saving advertisements before publication, renewing them or purchasing additional prominence.
3.9. Publication periods and renewal options depend on Platform functions and the applicable service terms.
3.10. Publication does not guarantee receipt of transport offers or conclusion of a contract.
§ 4. Accuracy of Logistics Data
4.1. Users publishing advertisements must correctly specify data affecting the feasibility of carriage.
4.2. Particularly important information includes:
a) loading and unloading locations;
b) dates and times of operations;
c) cargo weight and dimensions;
d) occupied loading-floor area;
e) number of cargo units;
f) type of goods;
g) required vehicle payload capacity;
h) required equipment;
i) special carriage requirements.
4.3. If carriage includes multiple loading or unloading stops, the advertisement should reflect their actual planned order.
4.4. Users must take account of technical and legal restrictions applicable to the chosen mode of transport.
4.5. The Administrator may provide logistics-check tools flagging detected inconsistencies or potential errors.
4.6. A warning does not relieve the User from correctly specifying carriage conditions.
4.7. The absence of a system warning does not confirm that all transport parameters are correct.
4.8. Users should independently check vehicle suitability, carriage feasibility and compliance with applicable law.
§ 5. Editing, Updating and Deleting Advertisements
5.1. A User may edit their published advertisement within the scope and timeframe supported by Platform functions.
5.2. Editing an advertisement must not deliberately mislead other Users about the intended transaction.
5.3. Editing must not be used to replace the original transport offer with a fundamentally different offer while bypassing rules for new advertisements.
5.4. Users should consider changes made before an offer is accepted when deciding whether to remain involved in the transaction.
5.5. Once an offer has been accepted, the Platform may automatically prevent further editing of the underlying advertisement.
5.6. If editing is locked under clause 5.5, carriage terms may be changed only by the procedure provided for the transaction or by agreement of the parties.
5.7. Locking advertisement edits does not prevent lawful and effectively agreed amendments to a prospective or existing contract.
5.8. Deleting an advertisement does not automatically terminate contracts of carriage already validly concluded on its basis.
5.9. The Administrator may restrict editing or deletion where necessary to preserve transaction information, investigate a reported breach or comply with legal obligations.
5.10. Users may not invoke advertisement deletion to avoid obligations under a previously concluded contract.
§ 6. Public Board
6.1. The Public Board is intended for publishing cargo transport advertisements and establishing cooperation between Principals and Carriers.
6.2. Publishing on the Public Board is free of charge, except for additional services expressly ordered by the User.
6.3. Access to advertisement details and submission of offers may be limited to Users meeting registration, verification and permission requirements.
6.4. Advertisers should provide accurate carriage data and the conditions necessary to prepare an offer.
6.5. Carriers may submit offers under this Chapter.
6.6. The Principal may select one of the offers received using Platform functions.
6.7. Accepting an offer initiates the further process of agreeing and concluding a contract of carriage according to the contract type specified in the advertisement.
6.8. Acceptance alone does not automatically trigger a commission payable to the Administrator for a Public Board contract.
6.9. The obligation to pay commission arises under § 23 of this Chapter.
6.10. Users must accurately report contracts validly concluded on the basis of Public Board advertisements.
6.11. Users must not simulate withdrawal from a transaction or conceal a contract to avoid obligations under these Terms.
§ 7. Cargo Board
7.1. The Cargo Board is intended for publishing transport advertisements and obtaining transport offers by authorised Users.
7.2. Advertisements may be published by Users granted this function under registration and verification rules.
7.3. Publishing an advertisement may require spending a specified number of points.
7.4. The current publication cost is displayed before an action that debits the User’s points balance.
7.5. Duly authorised Users may browse advertisements and submit transport offers. Viewing full advertisement details on the Cargo Board requires an appropriate business profile in the Company Directory, under Chapter VII. This requirement does not apply to browsing the advertisement list or other Platform sections.
7.6. Rules for accepting offers, choosing contract types and concluding contracts of carriage are analogous to the Public Board, subject to differences in fees and functions.
7.7. Where UPPT is selected, the provisions on confirming UPPT contracts apply.
7.8. Where a business’s own contract is selected, the provisions on prior disclosure of its terms and confirmation deadlines apply.
7.9. Use of the Cargo Board does not oblige a User to contract with every business that submits an offer.
§ 8. Vehicle Board
8.1. The Vehicle Board is intended for advertising vehicles available for transport services.
8.2. Advertisements may be published by businesses holding the required authorisations for transport activity.
8.3. An advertisement may include, in particular:
a) vehicle type;
b) semi-trailer or trailer type;
c) payload specifications;
d) vehicle location;
e) availability date;
f) anticipated transport direction;
g) other information relevant to a prospective Principal.
8.4. The Administrator may make advertisements publicly available or restrict them to duly authorised Users.
8.5. Viewing publicly available advertisements is free of charge.
8.6. Advertisers are responsible for accurate vehicle and availability details.
8.7. If a vehicle becomes unavailable, the User should update or remove the advertisement where the Platform permits.
8.8. A vehicle-availability advertisement does not automatically form a contract of carriage.
8.9. A User interested in a vehicle should agree on the terms of the particular carriage with the Carrier.
8.10. The Administrator may provide functions for sending enquiries to advertisers.
§ 9. Private Boards
9.1. Private Boards are intended to organise transport cooperation among selected businesses.
9.2. Each Private Board is a separate cooperation space accessible to its owner and authorised participants.
9.3. Creation and operation of a Private Board are available to businesses that have met Account verification requirements and obtained the Administrator’s permissions.
9.4. A business receives its own Private Board under individual cooperation with the Platform Administrator.
9.5. Successful Account verification does not automatically confer the right to operate a Private Board.
9.6. Private Board use does not require a subscription.
9.7. The Private Board owner may organise cooperation with selected contractors under these Terms and available functions.
9.8. Private Board access may be granted to businesses with Verified Accounts.
9.9. A business with an Unverified Account may also be granted access to a particular Private Board if invited under Chapter II.
9.10. Such an Unverified Account receives only permissions for that particular Private Board.
9.11. Private Board access does not confer access to other Boards or services requiring verification.
9.12. Access to a Private Board is distinct from permission to operate one’s own Private Board.
9.13. Publication, offer-submission and data-viewing capabilities depend on the participant’s role and permissions.
§ 10. Managing Private Board Participants
10.1. The Private Board owner may manage cooperation participants using the relevant Platform functions.
10.2. Management may include, in particular:
a) granting access;
b) assigning specific permissions;
c) changing permissions;
d) suspending access;
e) restoring access;
f) removing a participant from the Board.
10.3. The Board owner may use available tools, particularly “My Contractors”, within the permissions supported by the system.
10.4. The Private Board owner may independently decide whether to continue cooperating with an invited contractor, subject to these Terms and applicable law.
10.5. Suspension temporarily restricts access to a particular Private Board.
10.6. Removal of a participant revokes their permissions for that Board.
10.7. Suspending or removing a participant from a Private Board does not automatically delete their Transport Platform Account.
10.8. Removing a participant does not automatically erase cooperation history, contracts or documents that must be retained under these Terms or the law.
10.9. The Private Board owner cannot independently suspend or delete a participant’s entire Platform Account without the relevant administrative powers.
10.10. If a serious breach of these Terms is identified, the Board owner may report it to the Platform Administrator.
§ 11. Contract Terms Available on Private Boards
11.1. Private Boards may display carriage or cooperation contract terms used by the business operating the Board.
11.2. These terms may include, in particular:
a) order submission and acceptance;
b) carriage performance rules;
c) documentation requirements;
d) payment deadlines;
e) settlement of additional activities;
f) Carrier obligations;
g) other cooperation provisions.
11.3. A Private Board participant should have the opportunity to review the applicable terms before making a binding declaration concerning a particular carriage.
11.4. A User accepting an order through “Accept Freight” should read the terms specified in its advertisement.
11.5. Acceptance on previously disclosed terms constitutes actions by the User aimed at concluding and performing the contract according to those terms.
11.6. If a transaction requires a final contract-document confirmation, the User should complete it within the deadline in this Chapter.
11.7. Unjustified refusal to confirm a document reflecting previously disclosed and accepted terms may be treated as a breach of honest, reliable cooperation.
11.8. Clause 11.7 does not apply where the contract document includes significant changes not agreed by the other party or another justified reason for refusal exists.
11.9. Changes made by the Private Board owner to cooperation terms should not apply retroactively to contracts already validly concluded.
§ 12. Submitting Transport Offers
12.1. An appropriately authorised User may offer to perform carriage in response to a Platform advertisement.
12.2. An offer may specify proposed remuneration and other information required by the form.
12.3. Users should review the available advertisement terms before submitting an offer.
12.4. A User offering carriage should genuinely be able to perform it.
12.5. Offers without a genuine intention to cooperate, or intended to obstruct other Users’ contracts, are prohibited.
12.6. An offer remains active and may be considered according to its validity period, advertisement settings and the relevant function’s rules.
12.7. The User may withdraw an offer to the extent and within the period permitted by the system and applicable law.
12.8. Withdrawal does not automatically extinguish obligations arising before effective withdrawal.
12.9. Users should promptly update their transport capacity and manage offers to avoid conflicting commitments.
12.10. Offer submission may be subject to additional vehicle-grouping and automation restrictions.
§ 13. Accepting and Rejecting Offers
13.1. The Principal may select an offer from the proposals received in response to an advertisement.
13.2. Selection should follow the advertisement terms and the relevant function’s rules.
13.3. After acceptance, the system may assign a status and restrict the acceptance of further offers for the same advertisement.
13.4. Other offers for the advertisement may be hidden or excluded from further selection in accordance with Platform rules.
13.5. Accepting an offer is a significant step in agreeing on carriage.
13.6. Users must perform subsequent contract-formation steps diligently and without unjustified delay.
13.7. A Principal should not accept an offer without a genuine intention to contract on the agreed terms.
13.8. A Carrier should not submit or secure acceptance of an offer without intending to follow the required contract-formation procedure.
13.9. Unjustified avoidance of further agreed steps may be deemed a breach of cooperation rules, considering the contract type and actual transaction circumstances.
§ 14. Grouping Carrier Offers
14.1. The Transport Platform may allow Carriers to organise offers into groups corresponding to particular vehicles or transport resources.
14.2. Grouping reduces the risk of simultaneous acceptance of several orders requiring the same vehicle or resource.
14.3. Users may create offer groups within Platform settings.
14.4. The Administrator may configure the number of groups and active offers permitted per group.
14.5. Users are responsible for correctly assigning offers to groups.
14.6. Acceptance of an offer in a particular group may automatically disable or hide other active offers in that group as the system provides.
14.7. Grouping should not affect offers in other groups where they are independent of the resource used.
14.8. Ungrouped offers may be handled under separate rules.
14.9. Grouping does not relieve Carriers of planning vehicle availability and fulfilling commitments already validly undertaken.
14.10. If a Carrier learns that an accepted offer cannot be fulfilled because of an earlier commitment, they must promptly notify the Principal and take the steps required by these Terms.
§ 15. “Accept Freight” Function
15.1. “Accept Freight” allows an authorised User to undertake acceptance of a transport order on the Principal’s specified terms.
15.2. This function may be available on selected Boards depending on advertisement settings and User permissions.
15.3. Before accepting an order, the User should have the opportunity to review the disclosed carriage conditions.
15.4. This applies particularly where the Principal has designated their own contract of carriage terms.
15.5. Where the function requires an additional confirmation that the terms have been read, the User should provide it before final acceptance.
15.6. Using “Accept Freight” may initiate preparation or confirmation of a contract of carriage document.
15.7. Where the transaction requires separate final confirmation of the document, the parties must complete it according to the procedures and deadlines in these Terms.
15.8. Unjustified refusal to confirm a document consistent with previously disclosed and accepted terms may breach fair-cooperation rules.
15.9. A User is not obliged to accept material changes to carriage terms introduced without their consent.
15.10. Legal consequences of actions performed through “Accept Freight” are assessed according to the disclosed terms, parties’ statements and applicable law.
§ 16. Freight Assistant
16.1. The Transport Platform provides “Freight Assistant” to automate selection and acceptance of transport offers.
16.2. The Principal may specify its operating conditions, including:
a) starting price;
b) maximum price;
c) price thresholds;
d) offer acceptance deadlines;
e) a schedule for automatic assessment of offers;
f) other configuration settings.
16.3. Activation requires an authorised User’s deliberate approval of the Assistant settings.
16.4. The Assistant operates under the specified criteria and system rules.
16.5. Automatic acceptance may initiate further steps in concluding a contract of carriage.
16.6. If UPPT is selected for the advertisement, the system may initiate contract preparation based on the accepted terms.
16.7. If only the Principal’s own contract is selected, automatic offer acceptance does not automatically conclude a separate UPPT contract.
16.8. The Principal is responsible for correctly defining Assistant settings and ensuring they reflect the genuine intention to transact.
16.9. Changes to Assistant settings must not be used to circumvent commitments already validly undertaken.
16.10. Pausing, resuming or changing Assistant settings does not automatically invalidate all previously submitted offers.
16.11. Valid offers satisfying the current conditions may continue to participate in automated selection.
16.12. Activation charges are governed by the Price List and information disclosed before activation.
§ 17. Types of Contracts of Carriage
17.1. Users may conclude contracts of carriage through the method specified for the advertisement.
17.2. Depending on the available configuration, an advertisement may specify:
a) a Transport Platform Contract of Carriage (UPPT);
b) the Principal’s or another appropriate transaction party’s own contract;
c) another system-supported method of documenting carriage terms.
17.3. The contract type should be designated before offer submission and acceptance begins.
17.4. A User submitting an offer should be able to determine which contract type applies to the carriage.
17.5. If the advertisement permits one selection of contract type, later changes must follow the applicable procedure.
17.6. The other party must be given access to the terms of a business’s own contract to make an informed acceptance decision.
17.7. If the full text of the business’s own contract was not previously available, the other party should be able to read it before giving final consent.
17.8. The Administrator provides contract preparation and conclusion tools but is not responsible for cooperation terms independently agreed by businesses, without prejudice to liability for its own electronic services.
§ 18. Offer Acceptance, Preliminary Agreement and Conclusion of a Contract of Carriage
18.1. The Platform distinguishes between:
a) submission of a transport offer;
b) acceptance of an offer and selection of a counterparty;
c) any obligation by the parties to conclude a future contract;
d) final confirmation of the contract document where that stage is required.
18.2. Submission of an offer expresses the User’s intention to perform carriage on the proposed terms.
18.3. Acceptance by the Principal selects the counterparty and initiates the further procedure for the chosen contract type.
18.4. Where a transaction requires separate final confirmation, the parties should perform it through the Platform procedure.
18.5. Accepting an offer may create obligations between the parties, including an obligation to conclude a future contract of carriage.
18.6. A preliminary contract within the meaning of applicable law arises only where the parties’ statements and agreed provisions meet the legal requirements for such a contract.
18.7. Platform statuses such as “Offer Accepted” or “Contract Not Concluded” do not determine the legal classification of all earlier statements by the parties.
18.8. For UPPT, the parties envisage final confirmation by the appropriate participants as the principal step leading to conclusion of a contract of carriage in that form.
18.9. If the parties’ statements or applicable law establish that a contract was validly concluded earlier, its legal effects are assessed under those provisions.
18.10. Users must not exploit differences between technical transaction statuses and legal effects to deliberately evade obligations or Administrator fees.
§ 19. UPPT Contract Confirmation Deadline
19.1. Where UPPT is selected, the parties must complete the required final confirmation actions within the system’s deadline.
19.2. The period for confirming a UPPT contract is 15 minutes from the moment the relevant participant is given the opportunity to provide the required confirmation.
19.3. During this period, the User should review the prepared contract and confirm it or raise justified objections.
19.4. Expiry without confirmation may terminate the contract-formation procedure and assign a technical status, particularly “Contract Not Concluded”.
19.5. Such technical status does not affect legal obligations already arising under applicable law.
19.6. Unjustified refusal to confirm a UPPT contract consistent with the User’s previously accepted terms may breach honest and reliable cooperation rules.
19.7. Deliberately failing to respond within the deadline may also constitute a breach where the User previously undertook to follow the contract-formation procedure and had no justified reason for failing to do so.
19.8. The introduction of material changes to a draft contract that have not been agreed with the other party may, in particular, be considered a justified reason for refusal.
19.9. When assessing a User's conduct, account must also be taken of any technical problems, inability to review the document and other circumstances beyond the User's control.
§ 20. Deadline for confirming own contracts
20.1. Where an advertisement specifies the Principal's or another relevant transaction participant's own contract, the deadline for confirming it depends on whether the terms were made available in advance.
20.2. If the complete terms of the own contract were made available to the other party before acceptance of the transport order, the deadline for providing the required final confirmation is 15 minutes.
20.3. The rule in clause 20.2 applies in particular to Private Boards whose participants have the opportunity to review the Principal's contractual terms in advance.
20.4. If the complete terms of the own contract were not previously available to the other party, the period for reviewing the document and communicating a decision is 30 minutes from the time it is effectively made available.
20.5. Within the period referred to in clause 20.4, the User may:
a) accept the proposed terms;
b) refuse to accept them;
c) raise reservations requiring further agreement.
20.6. Refusal to accept previously unknown terms of an own contract does not in itself constitute a breach of the principles of honest and fair cooperation.
20.7. However, the User should communicate their decision without undue delay, taking account of the deadline applicable to the procedure concerned.
20.8. Expiry of the deadline without the required action may result in termination of the contract-conclusion procedure in the system.
20.9. The mere expiry of the deadline is not sufficient grounds for automatically imposing sanctions on the User.
20.10. Deliberately avoiding a response despite a prior commitment to complete the contract-conclusion procedure may be assessed as a breach of these Terms and Conditions after consideration of all the circumstances.
§ 21. Material and non-material changes to carriage terms
21.1. After an offer has been accepted, the parties must ensure that the contractual document remains consistent with the terms on which their decision to cooperate was based.
21.2. It is prohibited to introduce material changes to carriage terms unilaterally without informing the other party and obtaining its consent.
21.3. Material changes include, in particular:
a) changing the loading date;
b) changing the unloading date;
c) changing the loading or unloading time by more than two hours;
d) changing the loading or unloading location;
e) adding another loading or unloading location;
f) changing the agreed remuneration to the detriment of the other party;
g) changing the settlement currency;
h) extending the payment period to the detriment of the Carrier;
i) changing the type of goods in a manner affecting carriage requirements;
j) changing the required vehicle type or equipment;
k) increasing the weight or other cargo parameters affecting the feasibility of carriage;
l) introducing new obligations that increase the cost or risk of performing the service.
21.4. A change in the loading or unloading time of no more than two hours may also be material if it affects the feasibility of carriage, breaches the agreed FIX time or otherwise has significant consequences for either party.
21.5. A reduction in cargo weight, occupied loading space or number of cargo units may be regarded as a non-material change if it objectively does not worsen the Carrier's position or adversely affect the feasibility of the order.
21.6. For example, reducing cargo weight from 12 to 7 tonnes or occupied space from 6 to 4 loading metres (LDM) may benefit the Carrier if the other carriage terms are not made less favourable.
21.7. Nevertheless, a change favourable to one party should not automatically deprive that party of the right to raise justified objections if it affects the nature of the service or other agreed obligations.
21.8. Correcting an obvious clerical or technical error that does not alter the actual substance of an obligation may be considered a non-material change.
21.9. An assessment of whether a change is material should consider all carriage terms, particularly its impact on costs, deadlines, safety and the ability to perform the order.
21.10. A User may not use minor, non-material corrections as a pretext to avoid previously agreed obligations.
§ 22. Agreeing changes to carriage terms
22.1. The parties may amend carriage terms if the changes are permissible and have been validly agreed between them.
22.2. Changes may be agreed, in particular:
a) using the Platform's functions;
b) by email;
c) in any other form permitted by applicable law and the terms of the contract concerned.
22.3. Unilaterally sending information about a change of terms does not automatically mean that the other party has consented.
22.4. A change should be accepted by the relevant transaction participants.
22.5. A party relying on an agreement reached outside the Platform should, in the event of a dispute, provide information allowing its content and circumstances to be established.
22.6. Where electronic correspondence is used, the parties should retain messages documenting the agreed changes.
22.7. Correspondence conducted outside the Platform does not guarantee that the data recorded in the advertisement will automatically be consistent with the contractual document subsequently prepared.
22.8. If discrepancies arise between the advertisement and the contractual document, any subsequent agreements validly reached between the parties must be taken into account.
22.9. A User who unilaterally introduces material changes into a contract without the other party's consent may not allege that the other party has breached these Terms and Conditions solely because it refused to accept those changes.
22.10. Knowingly concealing material changes or presenting a document inconsistent with the agreed terms may constitute a serious breach of the principles of honest and fair cooperation.
§ 23. Reporting concluded contracts and commissions on the Public Board
23.1. Where a contract of carriage is validly concluded on the basis of an advertisement published on the Public Board, the Carrier (Contractor) must report that contract to the Administrator through the Platform. The Principal may be required to confirm the transaction separately for the purposes of its system status, but is not subject to the contractual penalty applicable to the Carrier for failing to report the contract within three hours.
23.2. The reporting obligation applies to a contract of carriage that has actually been concluded, rather than merely to the stage of accepting an offer.
23.3. A report must be submitted using the relevant function in the User panel.
23.4. If the Platform requires confirmation of a transaction by both parties, the appropriate status is obtained once the required reports have been submitted.
23.5. The Carrier must report a validly concluded contract originating from the Public Board without undue delay, and in any event no later than 3 hours after its conclusion. Any obligation on the Principal to confirm the transaction forms part of a separate procedure for confirming the contract's status in the system.
23.6. The Carrier's three-hour reporting period runs from the moment the contract of carriage is validly concluded, not merely from submission or acceptance of an offer where such acceptance has not yet resulted in the conclusion of a contract.
23.7. Conclusion of a contract through the Public Board may give rise to an obligation to pay commission under the applicable Commission Schedule.
23.8. The Contractor is responsible for paying the commission unless different terms apply to the service concerned.
23.9. Commission is calculated on the net freight charge in accordance with the applicable settlement rules.
23.10. Detailed rates, minimum commissions, tax calculation rules and payment deadlines are set out in the Commission Schedule made available by the Administrator before conclusion of the contract or performance of the action giving rise to the commission obligation. The Commission Schedule forms part of the terms governing the relevant service in the version effectively applicable to the User when the transaction is concluded. Changes to the Commission Schedule do not apply retroactively to contracts previously concluded.
23.11. Mere acceptance of an offer that does not result in a validly concluded contract of carriage does not, in itself, justify charging a commission for concluding that contract.
23.12. Deliberately concealing the conclusion of a contract, making fictitious cancellations or providing false information to avoid commission is prohibited.
23.13. If the Administrator receives information suggesting that a contract may have been concluded without being reported, the Administrator may ask the Users concerned for explanations.
23.14. If the conclusion of a contract is confirmed, the Administrator may pursue the commission due under the rules laid down in these Terms and Conditions.
23.15. The mere fact that correspondence takes place outside the Platform does not automatically constitute a breach of these Terms and Conditions. A breach may arise where such actions are knowingly intended to circumvent obligations associated with using the Public Board.
23.16. The Administrator may offer incentive programmes under which confirmation of a concluded contract by both parties results in the award of a specified Points bonus, in accordance with the terms of the relevant feature.
§ 24. Fees for publishing and promoting advertisements
24.1. Individual Boards may allow advertisements to be published free of charge or in exchange for the Platform's settlement Points.
24.2. The cost of a particular feature should be disclosed to the User before paid activation.
24.3. The Administrator may offer additional advertisement-related services, including highlighting, promotion and extension of publication periods.
24.4. The scope of available promotional services and their cost are specified in the Price List and the features available at the time.
24.5. The User should independently decide whether to use a paid service.
24.6. Activating a paid service may result in a deduction from the User's Points balance under the applicable rules.
24.7. Changes to the Price List should not unilaterally alter the terms of services that have already been validly ordered and paid for, unless permitted by applicable law and the terms of those services.
24.8. The Administrator may make various methods of acquiring Points and paying for services available.
24.9. Detailed rules on Points validity, settlement, possible refunds and the use of promotional Points are specified in the relevant provisions of these Terms and Conditions and the Price List.
24.10. Using the Boards does not require a subscription.
§ 25. Prohibited advertisements and activities
25.1. Publishing advertisements contrary to law, these Terms and Conditions or the intended purpose of the Transport Platform is prohibited.
25.2. In particular, it is prohibited to:
a) publish fictitious transport orders;
b) post advertisements containing knowingly false information;
c) repeatedly publish duplicate advertisements in order to manipulate search results;
d) publish content infringing third-party rights;
e) offer activities requiring specific authorisations through entities that lack such authorisations;
f) use another company's details without proper authorisation;
g) attempt to fraudulently obtain payments, data or documents;
h) publish content containing malware or links intended to compromise security;
i) use the Boards to send spam;
j) engage in any other practices intended to mislead Users.
25.3. Advertisements concerning the carriage of goods subject to special legal restrictions may be published only to the extent that the proposed carriage complies with applicable law.
25.4. The User must hold the authorisations and documents required to lawfully perform the service offered.
25.5. The Administrator may take action against advertisements breaching these Terms and Conditions in accordance with the content moderation rules.
25.6. Removal of an advertisement for a breach of these Terms and Conditions does not automatically terminate contracts of carriage previously concluded.
§ 26. Breaches of the principles of honest and fair cooperation
26.1. Users must observe the principles of honest and fair cooperation when publishing advertisements, submitting offers and concluding contracts of carriage.
26.2. The following, in particular, may be considered breaches of those principles:
a) submitting offers without any genuine intention to cooperate;
b) knowingly accepting offers without any genuine intention to conclude a contract;
c) refusing without justification to confirm a contractual document consistent with previously accepted terms;
d) deliberately failing to respond within the prescribed period despite having previously undertaken to complete the contract-conclusion procedure;
e) unilaterally introducing material changes to carriage terms without the other party's consent;
f) knowingly concealing material changes to carriage terms;
g) attempting to force a change to previously accepted remuneration;
h) exploiting the offer mechanism to block the availability of vehicles or orders;
i) repeatedly withdrawing from agreed transactions without justified cause;
j) providing false information about the ability to perform carriage;
k) knowingly circumventing Platform access restrictions and functions;
l) using multiple Accounts belonging to the same company to circumvent imposed restrictions;
m) deliberately concealing transactions subject to reporting or settlement obligations;
n) any other conduct knowingly infringing the legitimate interests of participants in transport cooperation or the Administrator.
26.3. Any assessment of a breach must take account of the circumstances of the particular case.
26.4. The Administrator may not determine that conduct constitutes a breach solely on the basis of an unverified allegation by the other party.
26.5. In particular, consideration must be given to whether the contractual terms were available in advance, whether they were subsequently changed and whether the parties concerned validly agreed those changes.
26.6. Failure to confirm a contract does not automatically constitute a breach of these Terms and Conditions.
26.7. The conduct of both parties to a transaction is assessed by the same standards.
§ 27. Justified refusal to conclude or confirm a contract
27.1. Refusal to conclude or confirm a contract may be justified if the other party has presented material terms that were not previously known or agreed.
27.2. This applies in particular where:
a) a previously undisclosed own contract is presented after an offer has been accepted;
b) a material change is made to the loading or unloading date;
c) the location of the transport operation is changed;
d) the agreed remuneration is changed;
e) new obligations are imposed on the Carrier;
f) the type or parameters of the cargo are changed in a way that affects the feasibility of carriage;
g) a document inconsistent with the parties' earlier valid agreements is presented.
27.3. Refusal to accept previously undisclosed terms of the Principal's own contract on the Public Board or Cargo Board does not in itself constitute a breach of these Terms and Conditions.
27.4. A different assessment is appropriate where a Private Board User had a genuine opportunity to review the terms in advance and subsequently refuses, without justification, to confirm a document consistent with those terms.
27.5. Refusal may also be justified where documented technical problems prevented the User from reviewing the document or taking the required action.
27.6. A User relying on a justified refusal should, where possible, inform the other party of the reason.
27.7. Assessment of a refusal does not automatically determine whether civil-law claims exist between the parties to the transaction.
§ 28. Responding to breaches of cooperation rules
28.1. If the Administrator receives information about a possible breach of these Terms and Conditions, the Administrator may initiate an investigation.
28.2. An investigation may be initiated:
a) at the request of an affected User;
b) following a report from the owner of a Private Board;
c) on the Administrator's own initiative;
d) on the basis of information obtained in the course of providing Platform services, within the limits permitted by law.
28.3. The Administrator may ask the parties concerned to provide explanations and documents necessary to assess the matter.
28.4. Such documentation may include, in particular:
a) advertisement details;
b) information about the offer submitted and accepted;
c) the contract of carriage;
d) the history of actions available in the system;
e) correspondence supplied by the parties;
f) other documents relevant to the assessment of the report.
28.5. The Administrator should allow the User concerned to present their position, unless the need to take an immediate measure arises from law or a serious security threat.
28.6. Assessment of a report should consider the nature of the breach, its consequences, the degree of fault and any previous breaches.
28.7. The Administrator may refrain from imposing a sanction if the breach has not been substantiated or if circumstances justify such a decision.
28.8. If a breach is established, the Administrator may apply the measures provided for in these Terms and Conditions.
§ 29. Measures against Users who breach these Terms and Conditions
29.1. Where a breach of the Platform's rules of use is confirmed, the Administrator may apply appropriate organisational and contractual measures.
29.2. Such measures may include, in particular:
a) an admonition;
b) a warning;
c) a request to cease specified activities;
d) restrictions on publishing advertisements;
e) restrictions on submitting offers;
f) temporary suspension of specified functions;
g) temporary Account suspension;
h) termination of services and deletion of the Account in justified cases permitted by law.
29.3. The measure selected should be proportionate to the nature and circumstances of the breach.
29.4. In the event of serious or repeated breaches, the Administrator may impose more extensive restrictions than for isolated breaches.
29.5. If a breach was committed by a User acting on behalf of a particular company, the Administrator may examine whether there are grounds to apply appropriate measures to other Accounts belonging to that company as well.
29.6. Applying measures to other Accounts of the same company is possible, in particular, where:
a) the actions were undertaken in the company's interests;
b) the breach was organised in nature;
c) additional Accounts are used to circumvent restrictions;
d) the breach is serious and protecting other Users warrants such measures.
29.7. The mere fact that a company holds several Accounts does not constitute a breach of these Terms and Conditions.
29.8. The Administrator does not automatically impose sanctions on all Accounts of a company without assessing the grounds for and proportionality of such action.
29.9. Decisions restricting or terminating services are made in compliance with the applicable duties to provide information, give reasons for decisions and provide procedures for challenging them under applicable law.
§ 30. Breaches of cooperation rules on Private Boards
30.1. If a Private Board participant breaches cooperation rules, the Board owner may decide whether to continue providing that participant with access to the Board.
30.2. In particular, the Private Board owner may:
a) request explanations from the business partner;
b) restrict specific permissions;
c) temporarily suspend access;
d) restore access once the matter has been clarified;
e) remove the business partner from the Private Board.
30.3. The Private Board owner should act within the scope of their powers and in accordance with applicable law.
30.4. Suspension or removal of a participant from a Private Board does not automatically terminate contracts of carriage concluded with that participant.
30.5. In the event of a serious breach, the Private Board owner may submit a report to the Administrator together with available documentation.
30.6. The Administrator may independently assess whether the participant's conduct breaches the general rules governing Platform use.
30.7. Where a breach is confirmed, the Administrator may take measures affecting the User's Account or other available functions, in accordance with these Terms and Conditions.
30.8. A Private Board owner's decision to end cooperation with a business partner does not, in itself, justify automatically deleting that partner's Account from the entire Platform.
§ 31. Breaches of cooperation rules on the Public Board and Cargo Board
31.1. On the Public Board and Cargo Board, the authority to take platform-wide action in connection with breaches of these Terms and Conditions rests with the Platform Administrator.
31.2. The Administrator may act on a User's report or on the Administrator's own initiative.
31.3. A breach report should contain information enabling the transaction to be identified and a description of the alleged conduct.
31.4. Where possible, the report should be supported by appropriate documentation.
31.5. The Administrator may request additional explanations from the parties concerned.
31.6. Reporting a breach does not in itself establish liability on the part of the User to whom it relates.
31.7. If a breach is established, the Administrator may apply the measures specified in § 29.
31.8. If the report proves unfounded, the Administrator may close the investigation without imposing sanctions.
31.9. Knowingly filing false reports to harm another company may itself constitute a breach of these Terms and Conditions.
§ 32. Financial liability for breaches of these Terms and Conditions
32.1. A breach of specified obligations under these Terms and Conditions may give rise to the User's liability towards the Administrator under separate provisions of these Terms and Conditions and applicable law.
32.2. Any contractual penalties for breaches of non-monetary obligations towards the Administrator must expressly identify the obligation concerned and specify the amount of the penalty or an unequivocal method for calculating it.
32.3. A contractual penalty may not be imposed solely at the Administrator's discretion without a previously applicable contractual basis.
32.4. If contractual penalties are introduced, their amounts and conditions of application should be specified in these Terms and Conditions before the event giving rise to the penalty occurs.
32.5. The Administrator pursues receivables relating to Platform services, particularly commissions, in accordance with separate settlement rules.
32.6. Financial liability arising from a breach of the Platform's Terms and Conditions is separate from liability between the parties to a contract of carriage.
32.7. The Administrator does not automatically acquire a right to compensation owed to the Principal or Carrier for non-performance of a contract concluded between those companies.
§ 33. Liability of parties to concluded contracts of carriage
33.1. The Principal and Contractor are liable for performance of their contract of carriage in accordance with its provisions and applicable law.
33.2. This includes, in particular:
a) failure to perform carriage;
b) delays in performing the service;
c) improper loading or unloading within the scope of a party's obligations;
d) responsibility for documentation;
e) obligations concerning remuneration;
f) waiting times and additional costs;
g) other obligations arising under the concluded contract.
33.3. Where a UPPT contract is used, the parties' liability is governed by that contract and applicable law.
33.4. Where an own contract is used, the parties' liability is governed by that contract and applicable law.
33.5. The Administrator does not become a party to a contract of carriage merely because that contract was prepared, accepted or documented using the Platform.
33.6. An investigation conducted by the Administrator into a breach of these Terms and Conditions does not replace court proceedings or other appropriate procedures for pursuing claims arising from a contract of carriage.
§ 34. Demonstration advertisements
34.1. The Administrator may provide demonstration advertisements illustrating how the Transport Platform works.
34.2. Demonstration advertisements do not constitute genuine transport offers and are not intended for concluding transport contracts.
34.3. Demonstration advertisements should be marked so that they can be distinguished from genuine advertisements.
34.4. The Administrator may use the label “Advertisement (Demo)” and appropriate markers identifying content of this kind.
34.5. Visibility of demonstration advertisements depends on the Platform's configuration.
34.6. Demonstration advertisements may be available only to logged-in Users to the extent provided for by the system.
34.7. Demonstration advertisements must not be presented in a manner knowingly misleading Users as to their actual nature.
§ 35. Final provisions concerning advertisement Boards
35.1. Use of the advertisement Boards entails compliance with this Chapter and the other relevant provisions of these Terms and Conditions.
35.2. Matters not regulated in this Chapter are governed by the relevant provisions of these Terms and Conditions and applicable law.
35.3. Detailed rules governing the Points system, payments and debt collection are specified in the relevant provisions of these Terms and Conditions and the Price List.
35.4. Detailed rules on content moderation, handling complaints and applying measures against Users are specified in the relevant Chapters of these Terms and Conditions.
35.5. The Administrator may develop the Boards' functions, subject to the rules on changes to service terms.
35.6. Making new functions available does not automatically change the legal effects of contracts of carriage previously concluded.
35.7. Use of the Platform does not require a subscription, without prejudice to the obligation to pay for specified paid services in accordance with the Price List.
35.8. The Administrator and Users must exercise their rights and perform their obligations in accordance with applicable law.
CHAPTER V. PROMOTIONAL AND DISCOUNT COUPON CODES
1. Definition and types of coupons:
a) “Discount Coupons” reduce the payment amount by the percentage specified on the coupon;
b) “Promotional Coupons” grant a discount of a specified monetary amount that may be used when purchasing selected services, point packages or other items offered by the Transport Platform.
2. Conditions for Using Coupons. Every promotional or discount coupon issued by the Website has an expiry date, a single-use or multiple-use limit, and other restrictions that may concern selected services, a minimum order value or other qualifications specified in the promotional conditions. Coupons cannot be exchanged for cash, and failure to use them before expiry results in the loss of the right to redeem them.
3. How to Use a Coupon. To use a coupon, enter its code in the appropriate field of the Website’s payment module. If the code is valid and the promotional conditions are met, the discount will be applied automatically. A promotional coupon with a stated monetary value may be used to pay for all or part of selected services or other items offered by the Website.
4. Restrictions and Exclusions. Coupons are not redeemable for cash. If goods are returned or a service is cancelled, coupons used in the transaction are neither refundable nor reusable unless the rules of the relevant promotion provide otherwise. Coupons may not be combined with other promotions or discounts unless the promotional conditions expressly permit this.
5. User Responsibility. The User undertakes to enter the coupon code correctly before completing the transaction. The Website Administrator is not responsible for failure to use a coupon for reasons attributable to the User.
6. Final Provisions Concerning Promotional and Discount Coupon Codes. The Administrator may amend promotional conditions or cancel coupons prospectively in accordance with the published conditions and applicable law, particularly where misuse or a technical error is identified. Such changes do not affect rights duly acquired and exercised in accordance with the promotional conditions. The detailed conditions of each coupon promotion are published on the Website and form part of the terms of the relevant service.
CHAPTER VI. USER REVIEWS AND RATINGS
1. Reviews published on the Website constitute content created and posted exclusively by Users, at their own responsibility. The Website merely provides the technological infrastructure for posting reviews and is not their author.
2. User reviews are subjective and reflect the personal experiences or assessments of their authors. The Administrator does not guarantee their truthfulness, reliability or accuracy.
3. The Administrator benefits from the legal protection provided by Article 14 of the Polish Act on the Provision of Electronic Services and Articles 6–8 of the Digital Services Act (DSA), treating reviews as content stored at a User’s request. The Administrator is not liable for the content of reviews until it obtains reliable knowledge of their unlawful nature.
4. Reviews are published automatically, without prior moderation, assessment, approval or verification by the Administrator. The Administrator is under no obligation to monitor or review content before publication.
5. Users must post reviews that comply with the law, standards of good conduct and these Terms and Conditions. Reviews must not: (a) contain unlawful content infringing the personal rights, reputation or good standing of other persons or entities; (b) contain insults, vulgar language, threats, defamation or slander; (c) contain false, misleading or manipulated information; (d) disclose third parties’ personal data without a legal basis; (e) constitute advertising, spam, external links or invitations to communicate outside the Website; (f) be published to exert pressure, cause harm, blackmail or retaliate; or (g) be posted by competitors or persons who did not participate in the actual cooperation being reviewed.
6. The Administrator may undertake good-faith monitoring and content moderation activities aimed at detecting and removing reviews that breach the law or these Terms and Conditions. Moderation may be performed manually or using algorithmic tools.
7. The Administrator may use supporting tools, including artificial intelligence, to identify potential violations, classify content or assess the risk of an infringement. These tools are auxiliary; final decisions are made exclusively by a human being.
8. The Administrator is entitled to:
a) hide a review; b) delete a review; c) restrict a review’s visibility; d) refuse to restore a review; e) prevent a User from posting comments; f) block a User’s account,
where the review or the User’s conduct breaches the law, standards of good conduct, third-party rights or these Terms and Conditions.
9. Reports of violations relating to reviews may be submitted to the Administrator using the contact form or an email address specified on the Website. The report should contain:
a) a link to the review; b) a description of the violation; c) reasons supporting the report; and d) any supporting evidence.
10. The Administrator considers reports concerning reviews under these Terms and Conditions within 30 business days and, in justified cases, advises that an extension is required. If a report also concerns illegal content within the meaning of the DSA, the procedure in Chapter X and applicable law apply, and legally required action is not made contingent on the 30-day period. To the extent permitted by law, the Administrator may decline to reconsider manifestly unfounded or bad-faith reports.
11. A User posting a review bears full civil, criminal and administrative responsibility for its content. If any claims, complaints, lawsuits or demands concerning the User’s review are brought against the Administrator, the User undertakes to:
a) indemnify and hold the Administrator harmless; b) cover all costs incurred by the Administrator, including legal fees, proceedings, penalties, compensation and court costs; and c) replace the Administrator as a party to the proceedings where permitted by law.
12. Where required by law or the circumstances of a case, the Administrator may disclose technical data relating to the publication of a review, including IP addresses, system logs and metadata, to law-enforcement agencies or other authorised institutions.
13. Deleted reviews may be archived in the Administrator’s systems for evidentiary or statistical purposes or to protect the Administrator’s rights. Archived content is not made available to Users.
14. If review manipulation, mass posting, anti-competitive conduct or attempts to influence an entity’s reputation are identified, the Administrator may:
a) delete all reviews posted by the User; b) block the User’s account or related accounts; c) block the company profile; d) notify the competent authorities; or e) seek compensation from the User.
15. Basic verification of a review-related report is free of charge and follows from the Administrator’s statutory obligations. Additional activities, including:
a) preparing a written legal opinion; b) preparing evidence documentation for court; c) conducting an extended content analysis using specialist or AI tools; or d) preparing a report on the review, may be subject to a charge individually quoted by the Administrator.
16. The Administrator may charge the reporting party for the costs of proceedings if the report was manifestly unfounded, submitted in bad faith or made solely to remove a truthful but unfavourable review.
17. Posting a review constitutes acceptance of the provisions of this Chapter.
18. A User is liable for damage caused to the Administrator by the unlawful posting of a review to the extent provided by applicable law, taking particular account of fault, causation and the amount of actual loss, where these elements are required.
19. If a third party asserts a claim against the Administrator in connection with a User’s review, the Administrator may seek reimbursement of justified costs and compensation from that User insofar as such liability arises under applicable law. The mere assertion of a claim or imposition of an administrative fine on the Administrator does not automatically transfer the entire amount to the User.
20. The Administrator shall not seek reimbursement from a User for costs arising solely from the Administrator’s own actions or negligence, or for amounts for which the User is not legally liable. Removing or hiding a review does not extinguish legally enforceable claims, but does not itself create grounds for such claims.
21. The Administrator reserves the right to pursue recourse claims against the User through the courts to the full extent provided by civil, criminal and administrative law.
22. In the event of deliberate, hostile or competitive conduct intended to harm other Users or the Administrator, the Administrator may seek enhanced compensation from the User, including lost profits and damage to the Website’s reputation.
CHAPTER VII. RIGHTS AND OBLIGATIONS OF THE PARTIES. RULES FOR FAIR USE OF THE TRANSPORT PLATFORM
§ 1. General provisions
1.1. This Chapter sets out the general rights and obligations of Users and the Transport Platform Administrator, the rules for safe and fair use of the Website, protection of its infrastructure, and prevention of conduct that may infringe the rights and legitimate interests of other Users or the Administrator.
1.2. Every User must use the Transport Platform in accordance with:
a) applicable law;
b) these Terms and Conditions;
c) the intended purpose of individual services and functions;
d) the principles of fair business dealings;
e) good commercial practice;
f) the rights and legitimate interests of other Users.
1.3. Users must exercise due diligence appropriate to the professional nature of their business activities.
1.4. The Administrator provides the IT infrastructure enabling the use of Transport Platform services on the terms specified in these Terms and Conditions.
1.5. The Administrator is not a party to contracts of carriage concluded between Users merely because Platform functions are used to prepare, conclude or document them.
1.6. Users are liable for actions undertaken in the course of their business activities in accordance with applicable law.
1.7. Detailed rules on publishing advertisements, making offers, concluding contracts and liability for breaches of transport cooperation rules are set out in Chapter IV of these Terms and Conditions.
§ 2. Basic obligations of Users
2.1. Users must use the Website for its intended purpose, without infringing the rights of other Users or compromising the security and proper operation of the Platform.
2.2. In particular, Users must:
a) provide truthful and up-to-date information about themselves and the company they represent;
b) exercise only the permissions assigned to their Account;
c) protect the information used to access their Account;
d) comply with the technical and organisational restrictions applicable to service use;
e) refrain from using the Platform for unlawful or misleading activities;
f) respect copyrights, intellectual property rights and other third-party rights;
g) refrain from uploading data, documents or content that they have no lawful basis to use;
h) cooperate with the Administrator as necessary to investigate reasonable suspicions of a breach of these Terms and Conditions;
i) use the Platform's functions fairly and in accordance with a genuine intention to conduct business.
2.3. Use of the Transport Platform for fraud, attempted extortion, cybersecurity breaches or knowingly causing harm to another company or the Administrator is prohibited.
2.4. Users may not make their Accounts available to unauthorised persons or allow permissions granted to them to be used contrary to these Terms and Conditions.
2.5. Users have the right to express opinions and lawful criticism of the Administrator's activities, the operation of the Platform and the services provided.
2.6. Exercising the right described in clause 2.5 does not authorise the dissemination of unlawful content, threats or defamatory statements, infringements of personal rights, or unlawful disclosure of confidential information or personal data.
2.7. The Administrator may not treat the mere expression of lawful criticism as a breach of these Terms and Conditions.
§ 3. Registration of businesses and service permissions
3.1. The Transport Platform is intended to provide services to businesses under the rules laid down in Chapter II of these Terms and Conditions.
3.2. The scope of services available to a User depends on Account type, verification status and granted permissions.
3.3. Holding an Account does not automatically entitle a User to access every Platform feature.
3.4. Individual services may require fulfilment of additional conditions specified in these Terms and Conditions.
3.5. Access to the details of advertisements published on the Cargo Board requires an appropriate company profile in the Business Directory. This requirement does not apply to viewing the advertisement list itself or to general use of the Platform.
3.6. Holding an active company profile allows access to advertisement details on the Cargo Board during the validity of that entitlement, subject to other requirements concerning the User's Account and role.
3.7. Access to Cargo Board advertisement details referred to in clause 3.6 forms part of the permissions arising from holding the appropriate company profile and is not a separate subscription service.
3.8. Expiry of the entitlement associated with a company profile may restrict access to Cargo Board advertisement details but does not automatically delete the Account or deprive the User of access to other Platform services.
3.9. A company profile is not a general prerequisite for using all Transport Platform services.
3.10. Special rules on access to Private Boards and the possibility of inviting selected businesses are set out in Chapters II and IV of these Terms and Conditions.
§ 4. Liability for actions of persons representing a business
4.1. A company may use the Transport Platform through several User Accounts in accordance with their respective permissions.
4.2. Each Account should be used by a person authorised to act on behalf of the company concerned.
4.3. A company must properly organise access to Accounts used in the course of its business.
4.4. In particular, the company should determine which persons are authorised to:
a) publish advertisements;
b) submit and accept offers;
c) conclude contracts of carriage;
d) manage business partners;
e) access transport documentation;
f) perform other acts producing legal or financial effects.
4.5. Acts performed by persons acting on behalf of a company may have consequences for that company, depending on the scope of their authority and applicable law.
4.6. A company is liable for acts and omissions of persons it employs or engages in performing its obligations to the extent provided by applicable law.
4.7. If unauthorised Account access is discovered, the company or authorised User should notify the Administrator immediately.
4.8. Mere assignment of an Account to a particular company does not automatically establish the company's liability for acts performed by a third party following unlawful takeover of the Account. The circumstances of such an event are assessed individually.
§ 5. Fair business practices
5.1. Users must cooperate through the Transport Platform in accordance with the principles of honesty, reliability and transparency in business dealings.
5.2. The following, in particular, may constitute breaches of fair cooperation principles:
a) knowingly providing false information about business activities;
b) offering services requiring special authorisations without holding them;
c) impersonating another business;
d) using false documents;
e) deliberately misleading business partners;
f) using Platform access to fraudulently obtain data or funds;
g) knowingly circumventing restrictions imposed under these Terms and Conditions;
h) using Accounts linked to one company to repeat breaches or circumvent restrictions;
i) any other activities whose actual purpose is to infringe the rights or legitimate interests of Users or the Administrator.
5.3. Knowingly offering carriage contrary to the requirements specified in an advertisement, particularly by a business lacking the necessary authorisations or intending to use a subcontractor not permitted by the Principal, may also be considered a breach of fair cooperation principles.
5.4. A User may not induce a business partner to conceal circumstances material to the performance of carriage or to undertake activities contrary to law or these Terms and Conditions.
5.5. Detailed rules concerning unfair practices relating to advertisements, offers and contract conclusion are set out in Chapter IV.
5.6. The Administrator assesses breaches of these Terms and Conditions in light of the case's circumstances, the explanations provided and the available evidence.
§ 6. Maximum payment period for carriage services
6.1. The Transport Platform applies the principle that the payment period for a completed carriage service may not exceed 30 days, calculated from the date on which the Carrier sends the documents required to settle that carriage.
6.2. Clause 6.1 establishes the basic standard of fair business cooperation applicable to companies using the Transport Platform.
6.3. The maximum 30-day payment period applies to contracts of carriage concluded or initiated through the Platform, regardless of the type of Board through which cooperation began.
6.4. Users may agree payment periods shorter than 30 days, including 7, 14 or 21 days.
6.5. If the parties agree a shorter payment period, the period stipulated in the concluded contract applies.
6.6. Concluding contracts of carriage through the Platform or following cooperation initiated through it that provide for a payment period exceeding 30 days is prohibited, subject to mandatory provisions of law.
6.7. The prohibition in clause 6.6 also applies where the parties use their own model contracts of carriage or general terms of cooperation.
6.8. If the Principal's own contract provides for a payment period longer than 30 days, applying it to a transaction governed by these Terms and Conditions may breach the Platform's rules of use.
6.9. A User may not use an own contract, additional documents or separate arrangements to circumvent the maximum payment period.
6.10. Conclusion of a contract by businesses in breach of clauses 6.1–6.9 may justify appropriate measures under these Terms and Conditions, without in itself determining the validity of the contract or when a monetary obligation becomes due under statutory law.
Documents required for settlement
6.11. The documents required for settlement of carriage are those specified in the contract of carriage or in previously validly agreed cooperation terms.
6.12. They may include, in particular:
a) an invoice;
b) a CMR consignment note;
c) a domestic consignment note;
d) proof of delivery;
e) other documents expressly required for the carriage concerned.
6.13. Documents should be sent in the form and to the address agreed by the parties, taking account of contractual requirements and applicable law.
6.14. Where the contract provides for electronic transmission of documents, correctly sending the required documents in the agreed manner is sufficient to establish when the period specified in clause 6.1 begins.
6.15. If the parties previously agreed to deliver certain documents in original form, that obligation should be performed in accordance with the contract.
Prohibition on artificially extending payment periods
6.16. Actions intended to artificially extend the payment period for a completed carriage service are prohibited.
6.17. The following, in particular, may be considered breaches of fair cooperation principles:
a) unjustifiably refusing to accept correctly submitted documents;
b) deliberately delaying acknowledgment of receipt of documentation;
c) demanding additional documents not provided for in the agreed terms of cooperation and not required by law;
d) deliberately prolonging verification of properly submitted documents;
e) making the start of the payment period dependent on actions exclusively within the Principal's control, where this is intended to circumvent the 30-day limit;
f) introducing additional administrative procedures whose actual purpose is to postpone payment.
6.18. If documentation has been properly sent in accordance with the agreed terms, the Principal may not defer the start of the 30-day payment period without reasonable grounds.
6.19. If submitted documents are genuinely incomplete or contain material errors, the Principal may request that they be supplemented or corrected, specifying the particular objections.
6.20. Objections concerning documents may not be raised as a pretext or disproportionately for the sole purpose of delaying payment.
6.21. A finding that the rules in this section have been breached may justify applying appropriate measures against the User under these Terms and Conditions.
6.22. The Administrator does not assume liability for payment of remuneration owed to the Carrier and does not become a party to settlements between businesses.
6.23. The Carrier's right to claim payment, interest, compensation for recovery costs and other amounts is governed by the concluded contract and applicable law.
6.24. This section does not limit the application of mandatory legal provisions concerning the due dates of monetary obligations, payment deadlines and prevention of late payment in commercial transactions.
§ 7. Protection of business partner data and commercial information
7.1. Users must use data obtained through the Transport Platform lawfully and for the legitimate purpose for which it was disclosed.
7.2. Business partner details, information about advertisements, carriage terms, documents and other commercial information may not be used in ways that infringe the rights of their owners or other entitled parties.
7.3. In particular, it is prohibited to:
a) download Users' data in bulk without authorisation;
b) create business partner databases for unauthorised resale;
c) use personal data contrary to applicable law;
d) disclose transport documents to unauthorised persons;
e) use information obtained from Private Boards to harm the interests of their owners or participants;
f) circumvent technical restrictions on access to information.
7.4. This section does not restrict lawful direct business cooperation between companies.
7.5. Businesses may contact each other outside the Platform provided they do not use this opportunity to breach these Terms and Conditions, particularly to knowingly circumvent obligations to report transactions and pay commissions due.
7.6. Personal data is processed in accordance with applicable law and the rules described in the Privacy Policy.
7.7. Personal data may be disclosed to other entities on an appropriate legal basis to the extent necessary for a specified purpose. Such disclosure does not in every case require the data subject's consent.
§ 8. Security of Accounts and Platform infrastructure
8.1. Users must use the Platform in a manner that does not endanger the security of its infrastructure, data or other Users.
8.2. In particular, it is prohibited to:
a) attempt unauthorised access to Accounts or system resources;
b) exploit security vulnerabilities;
c) bypass authentication mechanisms;
d) disrupt system operation;
e) introduce malicious software;
f) perform actions causing unjustified overloading of infrastructure;
g) manipulate system technical data;
h) use automated tools in a manner inconsistent with the rules of the services provided.
8.3. Use of automated tools, ERP/TMS integrations, APIs and other technical solutions is permitted to the extent made available or authorised by the Administrator.
8.4. Using an authorised integration tool does not, in itself, breach these Terms and Conditions.
8.5. The Administrator may introduce justified limits on request frequency, number of operations, volume of data transmitted and use of system resources.
8.6. Such restrictions may concern, in particular:
a) searching advertisements;
b) automatic notifications;
c) scheduled tasks performed by the system;
d) integrations with external software;
e) contact forms;
f) other functions that may significantly burden the infrastructure.
8.7. The Administrator may apply appropriate technical safeguards to protect infrastructure and ensure fair use of available resources.
8.8. Where activities that may endanger Platform security are identified, the Administrator may take necessary and proportionate protective measures, including temporarily restricting access to specific services.
8.9. If the nature of a threat requires immediate action, the Administrator may take appropriate measures before the investigation is completed, subject to applicable legal obligations.
8.10. The Administrator should provide an opportunity to clarify the circumstances of the incident to the extent required by these Terms and Conditions and applicable law.
§ 9. Prohibition on circumventing restrictions and manipulating the system
9.1. Users must not take actions intended to circumvent restrictions on Platform access that have been properly imposed.
9.2. Such actions may include, in particular:
a) creating additional Accounts solely to evade a block;
b) using other Accounts belonging to the same company to continue activities subject to restrictions;
c) using another person's identification details;
d) using unauthorised third parties to circumvent restrictions;
e) manipulating verification and access-control mechanisms.
9.3. Manipulating Platform functions to obtain unauthorised benefits is also prohibited.
9.4. In particular, artificially increasing advertisement view counts, generating fictitious interest in offers and attempting to unfairly influence search results are prohibited.
9.5. A company using several properly created Accounts does not, in itself, breach these Terms and Conditions.
9.6. The Administrator may take appropriate action regarding Accounts associated with one company if they are found to be used to circumvent restrictions or commit serious breaches.
9.7. Such measures should be proportionate to the circumstances of the breach and applied in accordance with Chapter IV and applicable law.
§ 10. Updating company details
10.1. Users must keep the details of the company they represent up to date.
10.2. This obligation includes, in particular:
a) the company's name;
b) registered office address;
c) tax identification number;
d) registration details;
e) contact details;
f) information about required permits and authorisations;
g) other information relevant to proper service provision.
10.3. If there is a material change in company details, the User should update them without undue delay.
10.4. In particular, the User must notify the Administrator of:
a) cessation of business activities;
b) loss of required authorisations;
c) revocation of a permit or licence;
d) changes to details material to company verification;
e) other circumstances affecting eligibility to use specific services.
10.5. Information about material changes must be provided to the Administrator immediately and no later than 7 days after the User becomes aware of them.
10.6. If a User loses an authorisation necessary for a particular business activity, they may no longer offer to perform it if doing so would contravene applicable law.
10.7. The Administrator may request documents confirming that the information is current or that the required authorisations are held.
10.8. Failure to provide required information may justify restricting specified functions where warranted by the nature of the non-compliance and consistent with these Terms and Conditions.
§ 11. Obligations of the Platform Administrator
11.1. The Administrator undertakes to provide Transport Platform services in accordance with these Terms and Conditions and applicable law.
11.2. The Administrator takes appropriate organisational and technical measures to safeguard security and proper system operation.
11.3. The Administrator exercises due care to ensure service continuity.
11.4. The Administrator may carry out necessary maintenance, updates and modernisation of the IT infrastructure.
11.5. Such work may temporarily limit the availability of certain functions.
11.6. Where possible, the Administrator will schedule technical work so as to minimise its impact on Platform use.
11.7. Temporary limitations on service availability may also result from:
a) infrastructure failures;
b) problems affecting external service providers;
c) the need to eliminate security threats;
d) the need to adapt the system to applicable law;
e) force majeure;
f) other justified technical or organisational reasons.
11.8. The Administrator may restrict access to particular functions where necessary to protect system security, subject to proportionality and applicable law.
11.9. The Administrator should inform Users of significant planned technical interruptions if the nature of the work allows advance notice.
11.10. Where system malfunctions occur, the Administrator takes steps to remedy them according to the nature of the problem and available technical capabilities.
§ 12. Search engine, maps and technical data
12.1. The Transport Platform provides tools to help search advertisements, analyse transport data and plan routes.
12.2. These functions may use data and services supplied by external providers.
12.3. Information about routes, distances, locations and other transport parameters is provided for guidance.
12.4. The Administrator does not guarantee that all information generated by external mapping systems and search tools will always be complete and free from errors.
12.5. In particular, differences may arise between:
a) the distance displayed by the Platform;
b) the actual distance travelled;
c) the route feasible for a particular vehicle;
d) travel time resulting from road conditions;
e) information provided by other mapping systems.
12.6. Users should independently verify the feasibility of carriage, taking particular account of road restrictions, vehicle specifications, permitted weights and dimensions, and applicable law.
12.7. Search results and information displayed by supporting tools do not guarantee that particular carriage can be performed.
12.8. The Administrator is liable for defects in its own services to the extent provided by applicable law and the relevant provisions of these Terms and Conditions.
§ 13. Reporting breaches and cooperating with the Administrator
13.1. A User who becomes aware of a breach of these Terms and Conditions may report it to the Administrator.
13.2. Where possible, the report should contain:
a) a description of the alleged breach;
b) information identifying the User or transaction;
c) the date or period covered by the report;
d) reasons supporting the report;
e) available documents or other evidence.
13.3. The Administrator may ask the Users concerned to provide additional explanations.
13.4. Users must provide accurate information to the extent necessary to investigate a reasonable suspicion of a breach of these Terms and Conditions.
13.5. A request for documents should be appropriately related to the subject of the investigation.
13.6. The Administrator should not require information that has no reasonable connection with the alleged breach under review.
13.7. A User may submit documentation showing that their conduct complied with these Terms and Conditions.
13.8. A report of a breach does not, in itself, constitute proof that a breach occurred.
13.9. The Administrator should assess the available information while taking account of the positions of the parties concerned.
13.10. Knowingly presenting false evidence or submitting untrue reports to harm another User may constitute a breach of these Terms and Conditions.
13.11. Detailed rules for handling reports, moderating content and applying restrictions arise from the relevant Chapters of these Terms and Conditions and applicable law.
§ 14. Consequences of breaches of these Terms and Conditions
14.1. If a breach is established, the Administrator may apply the measures provided for in these Terms and Conditions.
14.2. Depending on the nature of the breach, such measures may include:
a) an admonition;
b) a warning;
c) a request to remedy the breach;
d) temporary restriction of specified functions;
e) restriction of the ability to publish advertisements;
f) restriction of the ability to submit offers;
g) temporary Account suspension;
h) termination of services and deletion of the Account in cases provided for in these Terms and Conditions and permitted by law.
14.3. In the event of serious or repeated breaches, the Administrator may consider measures affecting other Accounts associated with the same company under the rules in Chapter IV.
14.4. Action against a company's other Accounts should be justified by the nature of the breach and the need to protect the Platform and its Users.
14.5. Restrictions may not be imposed solely on the basis of an unverified report without examining the circumstances, except for justified interim measures taken to protect security or fulfil legal obligations.
14.6. The Administrator applies measures proportionate to the nature and effects of the breach.
14.7. Where services are restricted or terminated, the Administrator complies with legal requirements to inform Users of the reasons for the decision and the possibility of challenging it.
14.8. Applying a measure under these Terms and Conditions does not automatically terminate obligations arising from contracts of carriage previously concluded between Users.
14.9. Settlement of paid services in the event of suspension or termination of Platform use is governed by the relevant provisions of these Terms and Conditions and applicable law.
§ 15. User liability
15.1. Users are liable for breaches of their obligations under these Terms and Conditions on the basis provided for by applicable law.
15.2. In particular, a User may be liable for damage arising from:
a) knowingly using the Platform for unlawful activities;
b) compromising system security;
c) unlawfully using other Users' data;
d) publishing content infringing third-party rights;
e) using false documents;
f) other culpable breaches of obligations under these Terms and Conditions where the legal conditions for liability are met.
15.3. Where the Administrator suffers damage in connection with a User's conduct breaching law or these Terms and Conditions, the Administrator may seek compensation under applicable law.
15.4. Claims pursued must have an appropriate legal or contractual basis and satisfy the conditions for liability applicable to the case.
15.5. The mere fact that a third party makes a claim against the Administrator does not automatically oblige the User to reimburse all the Administrator's costs.
15.6. The Administrator may claim justified costs or compensation legally due from the User where the relevant conditions for liability are satisfied.
15.7. A User's liability for non-performance of a contract of carriage concluded with another company is separate from liability for breaches of the Platform's Terms and Conditions.
15.8. Detailed rules on liability between the parties to a contract of carriage are governed by the concluded contract and applicable law.
§ 16. Administrator liability
16.1. The Administrator is responsible for providing its own services in accordance with applicable law and these Terms and Conditions.
16.2. The Administrator is not responsible for the accuracy of all information independently published by Users, without prejudice to duties and liabilities arising under applicable law.
16.3. The Administrator does not guarantee that a contract of carriage will be concluded or that a User will achieve a particular commercial result through the Platform.
16.4. The Administrator is not liable for performance of obligations under contracts of carriage concluded directly between businesses merely because it provides the infrastructure enabling such contracts to be concluded.
16.5. In particular, the Administrator does not assume Users' obligations concerning:
a) performance of carriage;
b) punctual loading and unloading;
c) payment of carriage remuneration;
d) compensation for transport damage;
e) liability for cargo;
f) performance of other obligations under a contract of carriage.
16.6. The Administrator is not liable for consequences of a User providing false details or for actions by unauthorised third parties, unless the Administrator's liability arises from its own act or omission or applicable law.
16.7. The Administrator may be liable for damage caused by failure to perform or improper performance of its own obligations to the extent established by law.
16.8. Nothing in these Terms and Conditions excludes the Administrator's liability where such exclusion is prohibited by applicable law.
§ 17. Advertisements and commercial information published on the Website
17.1. The Administrator may provide advertising space and other forms of presenting commercial information on the Website.
17.2. Advertisements should be published with due regard to applicable law and third-party rights.
17.3. Entities ordering the publication of advertising content are responsible for its lawfulness to the extent provided by applicable law.
17.4. The Administrator may refuse to publish an advertisement if it breaches law, these Terms and Conditions or legitimate Website security rules.
17.5. Publication of an advertisement does not automatically constitute the Administrator's endorsement of the advertised company, product or service.
17.6. The identification and presentation of advertisements are subject to applicable legal requirements.
§ 18. Final provisions
18.1. This Chapter applies to all Transport Platform Users to the extent corresponding to the services they use.
18.2. Detailed rules on publishing advertisements, submitting offers, concluding contracts and breaches of transport cooperation rules are laid down in Chapter IV.
18.3. Detailed rules on User reviews and ratings are set out in Chapter VI.
18.4. Rules on handling complaints, content moderation and decisions to restrict services are set out in the relevant provisions of these Terms and Conditions.
18.5. This Chapter does not limit rights granted to Users under mandatory law.
18.6. Matters not covered by this Chapter are governed by the relevant provisions of these Terms and Conditions and applicable law.
CHAPTER VIII. PROCEDURE FOR HANDLING COMPLAINTS, BREACHES OF THE TERMS AND CONDITIONS AND CONTRACTUAL PENALTIES
§ 1. General provisions
1.1. This Chapter lays down the rules for reporting and examining breaches of the Transport Platform's Terms and Conditions, conducting investigations, applying measures under the Terms and Conditions and pursuing contractual penalties for breaches of specified User obligations.
1.2. These provisions seek to ensure a safe, honest and transparent environment for business cooperation, prevent unfair practices and protect the rights and legitimate interests of Users and the Administrator.
1.3. The Administrator is authorised to take action to detect, verify and prevent breaches of these Terms and Conditions and abuses involving use of the Transport Platform.
1.4. The Administrator may initiate an investigation:
a) based on a report received from a User;
b) based on information received from a third party;
c) on the Administrator's own initiative, particularly if irregularities in the Website's operation are identified;
d) on the basis of documentation, system records or other information lawfully obtained.
1.5. The Administrator individually assesses each reported or detected breach, taking account of its nature, circumstances and available evidence.
1.6. A report of a breach does not itself prove that a breach occurred or determine the User's liability.
1.7. The Administrator does not act as a court of law or arbitration tribunal and does not issue binding decisions on civil-law claims arising between parties to contracts of carriage.
1.8. Proceedings conducted by the Administrator concern compliance with the Transport Platform's Terms and Conditions and Users' obligations towards the Administrator.
1.9. Measures under these Terms and Conditions and contractual penalties are applied in accordance with this Chapter, the other provisions of these Terms and Conditions and applicable law.
1.10. The Administrator applies the same principles when assessing breaches by all Users, regardless of their type of business, number of Accounts, extent of Platform use or transaction values.
§ 2. Reporting breaches of the Terms and Conditions
2.1. Every User may report a suspected breach of these Terms and Conditions by another User to the Administrator.
2.2. Reports may concern, in particular:
a) breaches of the rules for submitting and accepting offers;
b) unjustified evasion of steps required to formalise an agreed transport transaction;
c) failure to report a concluded contract of carriage subject to commission settlement;
d) knowingly concealing concluded transactions;
e) manipulation of advertisements, offers or Platform operating mechanisms;
f) unauthorised acquisition or use of business partners' data;
g) breaches of fair business cooperation principles;
h) knowingly circumventing restrictions imposed in accordance with these Terms and Conditions;
i) other conduct contrary to these Terms and Conditions.
2.3. Reports may be submitted via the contact form, by email or through other communication channels provided by the Administrator.
2.4. Where possible, a report should include:
a) identifying details of the person submitting the report;
b) identification of the User concerned;
c) a description of the alleged breach;
d) the date or period of the incident;
e) the advertisement, offer or UPPT contract number, if applicable;
f) documents or other available evidence;
g) additional information relevant to clarifying the matter.
2.5. The Administrator may request that a report be supplemented if the information provided is insufficient to assess the alleged breach.
2.6. Merely reporting a dispute concerning performance of a contract of carriage does not automatically initiate proceedings concerning a breach of these Terms and Conditions.
2.7. If the circumstances indicate a possible breach of Platform rules, the Administrator may conduct an appropriate investigation.
2.8. Reports of illegal content made available through the Platform are handled in accordance with applicable law, in particular Regulation (EU) 2022/2065 of the European Parliament and of the Council, to the extent applicable to the services provided.
2.9. The reports referred to in clause 2.8 are handled without undue delay, in a timely, diligent, objective and non-arbitrary manner, in accordance with the applicable statutory obligations.
2.10. Other reports are reviewed by the Administrator without undue delay, taking account of the nature and complexity of the case and the need for additional explanations.
2.11. A report submitted in good faith does not, in itself, breach these Terms and Conditions, even if the alleged breach is not confirmed.
2.12. Knowingly providing false information, falsifying evidence or using the reporting procedure to deliberately harm another company may constitute a separate breach of these Terms and Conditions.
§ 3. Investigation procedure
3.1. On receiving a report or independently detecting a possible breach, the Administrator performs an initial review of available information.
3.2. Where the circumstances justify further action, the Administrator may initiate an investigation.
3.3. During an investigation, the Administrator may examine documents and information made available or obtained lawfully, including in particular:
a) transport advertisement details;
b) the contents and history of submitted offers;
c) information about offer acceptance;
d) UPPT contract documentation;
e) transport documents;
f) transaction reporting information;
g) commission settlement documentation;
h) correspondence provided by the parties concerned;
i) relevant system records, event logs and other technical evidence.
3.4. The Administrator may ask the User concerned to provide explanations and documents relevant to the matter.
3.5. The User should be informed of the substance of the allegations, subject to rules protecting personal data, trade secrets and other legally protected information.
3.6. The usual deadline for providing explanations is 7 days from receipt of the Administrator's notice.
3.7. In justified circumstances, the Administrator may extend the deadline for providing explanations.
3.8. Failure to provide explanations by the deadline does not automatically confirm the allegations. However, the Administrator may make an assessment based on the available evidence.
3.9. The Administrator considers circumstances both favourable and unfavourable to the User subject to the investigation.
3.10. The Administrator may decline to conduct proceedings if a report concerns only civil-law claims arising from a contract of carriage and does not indicate a breach of the Platform's Terms and Conditions.
3.11. If an investigation reveals circumstances suggesting that a criminal offence may have been committed, the Administrator may forward relevant information to the competent authorities in accordance with applicable law.
3.12. Where there is an immediate threat to the security of data, infrastructure or other Users, the Administrator may apply necessary protective measures before the investigation is completed, subject to applicable legal requirements.
3.13. Protective measures should be proportionate to the nature of the threat and reassessed once the reasons for their introduction no longer apply.
§ 4. Assessment of a breach of the Terms and Conditions
4.1. After reviewing the available information, the Administrator assesses whether the User's conduct breaches specific provisions of these Terms and Conditions.
4.2. The assessment takes account, in particular, of:
a) the type of obligation breached;
b) the circumstances of the incident;
c) documents and other evidence provided;
d) the nature of the User's act or omission;
e) the significance of the breach for the security and proper operation of the Platform;
f) any previous breaches of the same kind;
g) consequences for other Users or the Administrator.
4.3. In breaches connected with making offers and concluding contracts of carriage, the Administrator may also consider the freight value involved.
4.4. Freight value is one element in assessing a breach and does not automatically determine the penalty claimed as a fixed percentage of that value.
4.5. The mere existence of a business dispute between companies does not automatically constitute a breach of these Terms and Conditions.
4.6. A User's mere exercise of rights granted by applicable law cannot be treated as a breach of these Terms and Conditions.
4.7. The Administrator may regard a breach as particularly serious where available evidence indicates deliberate conduct intended to circumvent these Terms and Conditions, cause damage, obtain an unauthorised benefit or endanger Platform security.
4.8. The assessment provides the basis for deciding on appropriate measures under these Terms and Conditions or pursuing a contractual penalty, provided it has been validly stipulated and the conditions for claiming it are satisfied.
§ 5. Measures applied by the Administrator under these Terms and Conditions
5.1. Where a breach is established, the Administrator may apply appropriate organisational measures to protect the Platform, its Users and the proper operation of the services provided.
5.2. These measures may include:
a) an admonition;
b) a written warning;
c) a request to remedy the breach;
d) temporary restrictions on access to specified functions;
e) temporary restrictions on publishing advertisements;
f) temporary restrictions on submitting offers;
g) temporary Account suspension;
h) termination of services and deletion of the Account in cases provided for by these Terms and Conditions and permitted by law.
5.3. The Administrator may apply one or more measures if justified by the nature of the breach and if this does not lead to disproportionate consequences.
5.4. In the event of serious or repeated breaches, the Administrator may also restrict access via other Accounts associated with the same company where the circumstances justify doing so.
5.5. The mere fact that a company holds several Accounts does not justify a sanction.
5.6. The Administrator may take immediate protective action in the event of a threat to infrastructure, data or User security.
5.7. Restricting Platform access does not automatically extinguish obligations under contracts of carriage previously concluded.
5.8. When assessing a breach, the Administrator may take account of corrective measures taken by the User, including voluntarily remedying irregularities or providing credible explanations.
5.9. Restrictions affecting Accounts and services are applied in compliance with procedures for notifying the User of a decision, giving reasons and providing avenues for challenge, to the extent required by law.
5.10. Where applicable law requires advance notice before service termination, the Administrator observes the required notice period unless a statutory exception applies.
§ 6. Contractual penalties for breaches of transport cooperation rules
A. General principles
6.1. Users must comply with the non-monetary obligations laid down in these Terms and Conditions, particularly those concerning proper submission and acceptance of offers, carrying out required steps after an offer has been accepted, and reporting concluded contracts of carriage subject to commission settlement.
6.2. Contractual penalties may be stipulated for failure to perform, or improper performance of, expressly defined non-monetary obligations towards the Administrator, in accordance with Articles 483–484 of the Polish Civil Code.
6.3. A contractual penalty may be pursued only if the conditions for liability specified in these Terms and Conditions and applicable law are satisfied.
6.4. Penalty amounts are denominated in EUR. Table 1 sets out standard ranges of amounts that the Administrator may seek following an individual assessment, while the stipulated penalty amount and its upper limits are governed by § 8. The Administrator may reduce the amount claimed or refrain from pursuing it.
Table 1. Contractual penalties relating to offers and contracts of carriage
| No. | Type of breach | Standard range of amount claimed |
|---|---|---|
| 1 | Failure by the Carrier to report a concluded contract of carriage originating from the Public Board within the required period | EUR 30–150 |
| 2 | Knowing concealment by the Carrier of a concluded contract of carriage to avoid commission settlement | EUR 100–250 |
| 3 | Unjustifiably avoiding the required steps to formalise an agreed transaction after an offer has been accepted | EUR 50–200 |
| 4 | Deliberately manipulating advertisements, offers or offer-acceptance mechanisms contrary to these Terms and Conditions | EUR 50–250 |
Note: the ranges represent standard amounts claimed. The stipulated penalty amount and the cap based on net freight value are governed by § 8; in particular, the stipulated penalty may be below the bottom of the indicated range where the freight charge is lower.
B. Obligation to report a concluded contract
6.5. A User acting as Carrier must report a concluded contract of carriage subject to Public Board commission settlement within 3 hours of its conclusion, in accordance with Chapter IV.
6.6. The reporting obligation applies to a validly concluded contract of carriage, not merely to submission or acceptance of an offer where acceptance has not yet resulted in a contract.
6.7. A contractual penalty specified in item 1 of Table 1 may be claimed for breach of the reporting obligation.
6.8. If the Administrator establishes that a User knowingly concealed a concluded contract of carriage to avoid reporting it and settling commission, the penalty in item 2 of Table 1 may apply.
6.9. Two contractual penalties are not imposed for the same event constituting both failure to report a contract and its deliberate concealment. A single penalty is applied according to the appropriate classification of the breach.
6.10. A contractual penalty for breaching the reporting obligation is separate from commission due for use of the Platform and must not constitute an impermissible penalty for failing to perform a monetary obligation.
6.11. Failure to report a contract due to a documented system failure, force majeure or other circumstances for which the User is not responsible does not, in itself, justify claiming a contractual penalty.
C. Avoiding formalisation of a transaction
6.12. Unjustifiably avoiding contractual duties under these Terms and Conditions connected with formalising a transaction after offer acceptance, within the scope and deadlines stipulated in Chapter IV, may be considered a breach of cooperation rules.
6.13. Assessing such a breach requires consideration of the advertisement, accepted offer, carriage terms and circumstances of the parties' subsequent conduct.
6.14. Refusal to accept the following does not, in itself, breach these Terms and Conditions:
a) new contractual terms not previously disclosed;
b) material changes to carriage parameters;
c) additional obligations not covered by prior agreements;
d) provisions contrary to applicable law;
e) other changes whose rejection is justified under Chapter IV.
6.15. The Administrator distinguishes a breach of obligations under these Terms and Conditions connected with finalising a transaction from a failure to perform obligations under a contract of carriage already concluded.
6.16. A contractual penalty under this section does not replace claims that may arise between the parties to a contract of carriage under applicable law.
D. Manipulation of advertisements and offers
6.17. Knowingly manipulating advertisements, offers and offer-acceptance mechanisms is prohibited where it breaches specified obligations under these Terms and Conditions.
6.18. Such breaches may include, in particular:
a) creating fictitious offers to manipulate the process of selecting a business partner;
b) using sham transactions;
c) deliberately circumventing restrictions on offer submissions;
d) interfering without authorisation with automatic offer-acceptance mechanisms;
e) other proven actions knowingly intended to distort the proper functioning of offer mechanisms.
6.19. Proper use of the Freight Assistant, Accept Freight and other tools provided by the Administrator does not breach these Terms and Conditions.
6.20. Changing or withdrawing an offer in accordance with these Terms and Conditions cannot automatically be treated as manipulation.
6.21. For breaches concerning a specific offer or transaction, the maximum contractual penalty is determined according to the rules linking it to freight value in § 8.
6.22. If a breach concerns several separate offers or transactions, each is assessed individually. Artificially splitting one event into several breaches solely to impose multiple penalties is prohibited.
§ 7. Contractual penalties for unauthorised acquisition and use of data
A. Protection of the Platform's information resources
7.1. Business databases, business partner information, collections of advertisements and offers, and other protected information resources of the Transport Platform are protected to the extent arising from the rights of the Administrator and other entitled entities and applicable law.
7.2. Users must use data made available by the Platform in accordance with their permissions, its intended purpose and applicable law.
7.3. Unauthorised mass copying, downloading, collecting, distributing and using protected Platform data is prohibited.
7.4. This prohibition covers, in particular, the use of automated tools, scripts, web crawlers and other technical methods to acquire substantial quantities of data without authorisation.
7.5. It is also prohibited to use User Accounts, available interfaces or technical integrations to circumvent restrictions on access to protected information resources.
B. Types of breaches and contractual penalties
7.6. Users must refrain from actions breaching the non-monetary obligations to protect the Platform's information resources specified in this section.
Table 2. Contractual penalties for breaches of Platform data protection rules
| No. | Type of breach | Standard range of amount claimed |
|---|---|---|
| 1 | Unauthorised mass downloading of business partner data or protected Platform datasets | EUR 1,000–5,000 |
| 2 | Systematically obtaining and using Platform data for unauthorised commercial purposes | EUR 5,000–10,000 |
| 3 | Sale, unauthorised transfer to third parties or commercial provision of an acquired Platform database | Up to EUR 30,000 |
For item 3, the stipulated contractual penalty amount is EUR 30,000; the Administrator may claim a lower amount or refrain from claiming the penalty. The method for determining stipulated penalties for all items is set out in § 8.
7.7. Unauthorised mass downloading of data means acquiring protected information resources on a scale or in a manner exceeding the User's permissions, particularly where a substantial portion of a database or repeated operations breaching the Platform's rules of use are involved.
7.8. Systematic unauthorised commercial use of data means repeated acquisition and use of protected Platform data for business activities not covered by the User's permissions.
7.9. The breach in item 3 of Table 2 includes, in particular, unauthorised provision of a protected database for payment, sale of its copy, or transfer to third parties for commercial use in breach of the Administrator's or another entitled entity's rights.
7.10. The breaches listed in Table 2 constitute breaches of particularly important obligations to protect the Transport Platform's information resources.
C. Individual assessment of a breach
7.11. When assessing a breach, the Administrator considers, in particular:
a) the scope of the data obtained;
b) the method of acquisition;
c) the nature of the data's use;
d) how often the actions occurred;
e) whether the data was used for unauthorised commercial purposes;
f) whether it was disclosed to third parties;
g) documented circumstances and consequences of the breach.
7.12. If unauthorised mass acquisition of data is identified, the Administrator may immediately apply technical measures necessary to protect the Platform's infrastructure and information resources.
7.13. Such measures may include restricting access to particular functions, blocking suspicious operations or temporarily suspending the Account.
7.14. The Administrator may claim damages exceeding the amount of a validly stipulated contractual penalty if the conditions for damages liability are satisfied. The parties reserve the right to pursue such damages in accordance with law.
7.15. Pursuit of civil-law claims does not preclude other measures permitted by applicable law.
7.16. This section does not restrict lawful use of business partner data to establish and maintain business cooperation or use of data under appropriate permissions.
7.17. Merely searching for business partners, recording individual items of information necessary for lawful cooperation or using one's own data or information to which the User has an independent entitlement does not constitute a breach.
7.18. The Administrator does not impose several contractual penalties for the same conduct merely because it meets the description of more than one category in Table 2.
7.19. If one act satisfies the criteria for several breach categories, only one appropriately classified contractual penalty may apply.
7.20. This section does not affect the rights of Users or other entities under laws protecting databases, personal data or other applicable law.
§ 8. Determining contractual penalty amounts, currency and settlement rules
A. Determining the penalty amount
8.1. All contractual penalties specified in this Chapter are denominated in euros (EUR).
8.2. To ensure that contractual penalties are determinable, the parties agree that the stipulated penalty amount for breach of a particular obligation equals the upper amount specified for that breach in Table 1 or Table 2, subject to the limits set out below.
8.3. For penalties relating to a specific offer or contract of carriage, the stipulated contractual penalty may not exceed the net freight value to which the breach relates.
8.4. Accordingly, the stipulated contractual penalty for a breach connected with a specific transaction equals the lower of:
a) the upper amount specified for that breach in Table 1;
b) the net freight value concerned, expressed in EUR.
8.5. Where the net freight value is lower than the bottom of the range in Table 1, the limit in clause 8.3 takes precedence and the penalty may not exceed that freight value.
8.6. If freight is denominated in PLN, its net value is converted into EUR for the purposes of the penalty cap using the average EUR exchange rate published by the National Bank of Poland in Table A applicable on the last business day preceding the date of conclusion of the contract of carriage or, if the breach concerns steps taken after acceptance of an offer that has not yet resulted in a contract, the date of offer acceptance.
8.7. If the breach concerns an offer that did not lead to a concluded contract of carriage, the net amount of the accepted offer is used as the basis for determining freight value, provided it can be reliably established.
8.8. If the freight value associated with the breach cannot be reliably established, no penalty is imposed under the mechanism in clauses 8.3–8.7. This does not preclude appropriate organisational measures under these Terms and Conditions or claims on other applicable legal grounds.
B. Individual decision by the Administrator
8.9. The Administrator individually assesses each established breach and decides whether to pursue the full stipulated contractual penalty, reduce the amount claimed or refrain from pursuing it.
8.10. In making this decision, the Administrator may consider:
a) the nature and circumstances of the breach;
b) freight value where the breach relates to a transport transaction;
c) the consequences of the breach for the Platform and its Users;
d) the scope and frequency of identified irregularities;
e) corrective action taken by the User;
f) explanations and evidence presented.
8.11. The Administrator's individual assessment does not entitle it to increase the stipulated contractual penalty above the amount determined under clauses 8.2–8.8.
8.12. The Administrator may claim an amount lower than the stipulated contractual penalty, particularly an amount within the range stated in the relevant table.
8.13. A reduction in the amount claimed benefits the User and cannot increase the User's obligation.
8.14. If the Administrator informs the User of a final reduction in the penalty claimed and the User pays the agreed amount within the prescribed period, the Administrator will not pursue the remaining portion of the penalty for the same breach. Where necessary, the parties confirm the settlement in writing or documentary form.
8.15. The Administrator may waive the contractual penalty entirely if justified by the circumstances.
8.16. Establishing a User's liability and the grounds for a penalty claim requires the conditions specified in these Terms and Conditions and applicable law to be met.
C. Penalties for database protection breaches
8.17. For breaches listed in Table 2, the stipulated contractual penalty equals the upper amount assigned to the relevant category.
8.18. After individually assessing the matter, the Administrator may reduce the amount claimed but may not increase it above the amount stipulated for that breach. For item 3 of Table 2, this amount is EUR 30,000.
8.19. The freight-value cap does not apply to contractual penalties for database protection breaches, because these breaches concern separate obligations of Users towards the Administrator.
8.20. Database protection penalties may be pursued only where the established conduct breaches a non-monetary obligation validly accepted by the User and the conditions for liability under applicable law are satisfied.
D. Currency conversion and debt recovery
8.21. Where a contractual penalty is settled in PLN, the average EUR exchange rate published by the National Bank of Poland in Table A on the last business day preceding the date of issue of the payment demand is used.
8.22. The Administrator sends the User a payment demand containing, in particular:
a) identification of the company;
b) a description of the established breach;
c) identification of the breached obligation and the relevant provision of these Terms and Conditions;
d) the amount of the stipulated contractual penalty;
e) the amount actually claimed by the Administrator;
f) the amount in PLN if settlement takes place in that currency;
g) the exchange rate applied;
h) the justification for the amount demanded;
i) the payment deadline and method;
j) information about the possibility of contesting the claim.
8.23. The payment deadline stated in the demand is generally 14 days from delivery, unless applicable law or a valid agreement between the parties provides otherwise.
8.24. A contractual penalty is a separate claim of the Administrator and is not automatically deducted from the User's Points balance.
8.25. Issuing a payment demand is not a final court judgment and does not deprive the User of the right to contest the grounds for or amount of the claim.
8.26. A contractual penalty is not payable solely because a User failed to perform a monetary obligation, particularly a failure to pay freight or commission.
8.27. This section does not exclude the User's right to seek a judicial reduction of a contractual penalty in cases provided for by applicable law.
8.28. If a User disputes the grounds for or amount of a contractual penalty, the Administrator may pursue the claim before the competent court in accordance with law.
§ 9. Administrator decisions and the right to challenge them
9.1. Following completion of an investigation, the Administrator decides what further action, if any, to take regarding the User.
9.2. The decision may include:
a) a finding that there are no grounds for measures under these Terms and Conditions;
b) an admonition or warning;
c) a request to remedy the breach;
d) restrictions on specified permissions;
e) temporary Account suspension;
f) termination of services where appropriate grounds exist;
g) pursuing a contractual penalty claim;
h) other measures permitted under these Terms and Conditions and applicable law.
9.3. A decision restricting access to services should be appropriately reasoned and include information required by applicable law.
9.4. A User may request reconsideration by the Administrator or contest a claim being pursued.
9.5. Under the reconsideration procedure provided by these Terms and Conditions, the User may submit objections within 14 days of receiving the decision.
9.6. The deadline in clause 9.5 does not limit longer periods or other means of challenging decisions available under applicable law.
9.7. The Administrator reviews objections without undue delay, considering the information and documents submitted.
9.8. Following reconsideration, the Administrator may:
a) uphold the previous decision;
b) change its scope;
c) revoke the restriction imposed;
d) waive all or part of the claim;
e) take other action justified by the circumstances.
9.9. Where the User disputes the grounds for or amount of a contractual penalty and the parties cannot reach agreement, the claim may be brought before the competent court.
9.10. The Administrator cannot unilaterally and conclusively determine the validity of a disputed civil-law claim with the force of a final court judgment.
9.11. Refusal to voluntarily pay a disputed contractual penalty does not, in itself, constitute sufficient grounds for automatically deleting an Account.
9.12. Irrespective of a dispute about the penalty, the Administrator may apply appropriate measures under these Terms and Conditions if separate, justified grounds arise from the nature of the established breach.
9.13. The procedure in this section does not replace statutory procedures for reporting illegal content, handling complaints or challenging decisions restricting service access, insofar as they apply to the Platform.
9.14. The Administrator fulfils applicable legal obligations to inform Users of decisions, give reasons and enable appropriate means of challenge.
§ 10. Separation of liability under these Terms and Conditions and under contracts of carriage
10.1. Proceedings conducted by the Administrator concern compliance with the Transport Platform's Terms and Conditions and Users' obligations towards the Administrator.
10.2. The Administrator is not a party to contracts of carriage concluded directly between companies merely because they were concluded or prepared using Platform functions.
10.3. The Administrator does not assume companies' obligations concerning freight payments, performance of carriage, cargo liability, vehicle waiting time, delays or other claims arising under contracts of carriage.
10.4. Disputes about performance of contracts of carriage, payment of remuneration and liability for damages are settled between the companies concerned and, if no agreement is reached, may be referred to a competent court or addressed through another legally permitted procedure.
10.5. The Administrator may assess a User's compliance with these Terms and Conditions even where a separate dispute arising from a contract of carriage exists between companies.
10.6. Establishing a breach of these Terms and Conditions does not automatically settle civil-law liability between the parties to a contract of carriage.
10.7. Measures imposed under these Terms and Conditions do not deprive Users of rights under applicable law.
10.8. The Administrator may treat persistent breaches of obligations under these Terms and Conditions, including the rules on the maximum 30-day payment period in Chapter VII, as grounds for appropriate organisational measures.
10.9. A mere delay in paying freight or another monetary obligation does not justify a contractual penalty in favour of the Administrator solely for non-performance of that monetary obligation.
10.10. Detailed rules for making and accepting offers, concluding contracts of carriage and reporting transactions are laid down in Chapter IV of these Terms and Conditions.
10.11. General rights and obligations of Users and fair-use rules are laid down in Chapter VII.
10.12. The Administrator's liability for its own services is governed by the relevant provisions of these Terms and Conditions, including Chapter XII, and applicable law.
10.13. The contractual penalties in this Chapter may be claimed only where the provisions on which they are based validly bind the company and meet the requirements of applicable law.
10.14. Changes to the list of breaches or the amounts of contractual penalties do not justify charging Users new penalties for events occurring before the relevant provisions validly entered into force.
10.15. Matters not regulated by this Chapter are governed by the remaining provisions of these Terms and Conditions and applicable law.
CHAPTER IX. DEBT COLLECTION AND RECOVERY OF RECEIVABLES
§ 1. Scope and General Principles
1.1. This Chapter governs the recovery of amounts owed to the Administrator and the possibility for Idea Business Sp. z o.o. to provide a separate, paid amicable debt-recovery service at the request of a User who is a creditor under a contract of carriage.
1.2. The Administrator is not a party to contracts of carriage concluded between Users and does not guarantee their performance or the solvency of counterparties. Acceptance of a debt-recovery instruction does not constitute assumption of a debt, provision of a surety or a guarantee of recovery.
1.3. Receivables under contracts of carriage are owed directly to the parties to those contracts. Amounts owed to the Administrator, including commissions and validly stipulated contractual penalties, are separate from freight receivables.
1.4. The Administrator may refuse a debt-recovery instruction. Mere registration or verification of a User does not entitle the User to debt-recovery services.
§ 2. Debt-Recovery Instruction on Behalf of the Creditor
2.1. A User holding an overdue, enforceable receivable under a contract of carriage concluded following an advertisement on the Platform may ask the Administrator to undertake amicable recovery measures.
2.2. Each debt-recovery service requires a separate agreement between the Creditor and Idea Business Sp. z o.o. and appropriate authorisation where actions are to be undertaken in the Creditor’s name.
2.3. Before accepting an instruction, the Administrator may request, among other things, the contract of carriage, invoice, evidence of performance, documents confirming the due date, information about payments to date and relevant correspondence.
2.4. The Administrator may, in particular, perform verification activities, issue demands for payment, contact the Debtor within the scope of the authorisation given and inform the Creditor of the results.
2.5. The first demand sent by the Administrator under an accepted instruction may allow five business days from delivery for voluntary payment, unless a separate agreement or applicable law requires otherwise.
2.6. The service described in this section does not automatically include representation in court or enforcement proceedings. Court proceedings and representation may only be undertaken by persons legally authorised to do so and on the basis of separate arrangements.
§ 3. Idea Business Remuneration for Successful Recovery
3.1. If the parties conclude a separate debt-recovery agreement on the terms of this section, the remuneration of Idea Business Sp. z o.o. is 15% of the principal amount actually recovered as a result of the instructed activities, but not less than PLN 250 net per successfully completed instruction, plus VAT if applicable.
3.2. Remuneration is payable by the Creditor, not the Debtor. It becomes due upon successful recovery of all or part of the principal, in accordance with the terms and rules for attributing payments specified in the separate debt-recovery agreement. If recovery occurs in instalments, the minimum net remuneration of PLN 250 applies once to the instruction, not to each payment.
3.3. If no principal is recovered, no success fee is due. Fees for additional activities or expenses may be charged only if expressly agreed in advance in a separate agreement and legally permissible.
3.4. Idea Business’s remuneration is not automatically added to the Debtor’s debt. The mere fact that the Creditor entered into a debt-recovery agreement does not create any obligation on the Debtor to pay Idea Business 15% of the amount or the minimum PLN 250.
3.5. The separate debt-recovery agreement specifies, in particular, the settlement of payments made directly to the Creditor’s account, the scope of authorisation, the basis for calculating remuneration and the documentation of results. The Administrator may not deduct remuneration from sums owed to the Creditor without an appropriate legal and contractual basis.
§ 4. The Creditor’s Claims against the Debtor
4.1. The Debtor is liable to the Creditor for the principal and other amounts due under the contract and applicable law, including relevant default interest.
4.2. Where the Polish Act on Counteracting Excessive Delays in Commercial Transactions applies, the Creditor may be entitled to statutory compensation for recovery costs equivalent to EUR 40, EUR 70 or EUR 100, depending on the value of the monetary consideration, pursuant to Article 10 of that Act.
4.3. The statutory compensation claim belongs to the Creditor and does not automatically pass to Idea Business. Compensation governed by Article 10(4) of the indicated Act is not assigned to the Administrator.
4.4. The Creditor may recover justified, actually incurred debt-recovery costs exceeding statutory compensation if permitted by the law applicable to the transaction. The contractual remuneration of Idea Business at 15% does not in itself prove that the full amount is automatically owed by the Debtor.
4.5. The Administrator does not adjudicate the Creditor’s claims against the Debtor with the force of a final judgment. In a dispute, their validity and amount are determined by a competent court or another authorised body.
4.6. The Creditor may not receive multiple compensation for the same cost to the extent prohibited by law. Claims involving cross-border transactions are assessed under the law applicable to the receivable.
§ 5. Disputed Receivables and Measures under These Terms
5.1. If the Debtor disputes a receivable, the Administrator may request explanations and evidence from the Users concerned and carry out the activities specified in a separate debt-recovery agreement.
5.2. The mere existence of arrears, receipt of a demand for payment or reporting of a dispute by the Debtor does not automatically suspend or block an Account.
5.3. If available evidence indicates a serious or persistent breach of the fair-cooperation rules in these Terms and Conditions, the Administrator may, independently of debt recovery, commence the procedure under Chapter VIII and apply justified measures under these Terms, including immediate restriction or blocking of an Account where legally permitted.
5.4. Where security is threatened or serious abuses are identified, the Administrator may extend measures to other relevant Accounts associated with the same business, if proportionate, justified and compliant with these Terms and Conditions and applicable law.
5.5. The User may challenge a decision under these Terms in accordance with Chapter VIII. The Administrator’s liability for its own decisions is governed by Chapter XII.
5.6. Blocking an Account does not extinguish obligations under previously concluded contracts of carriage. To the extent permitted by law and consistent with security, the Administrator provides an appropriate means of accessing the documentation required to settle previously completed transports.
§ 6. Amounts Due to the Administrator and Enforcement of Claims
6.1. Idea Business Sp. z o.o. may recover, in its own name, overdue amounts owed for services, commissions and validly stipulated contractual penalties, in accordance with these Terms and Conditions and applicable law.
6.2. The Administrator may issue demands for payment, charge legally payable interest, undertake permitted amicable collection activities and bring claims before the competent court.
6.3. Court and enforcement costs are allocated in accordance with applicable law; they do not automatically become part of the debt merely because these Terms and Conditions mention them.
6.4. Nothing in this Chapter deprives Users of the right to pursue their own claims or use legally permitted methods of securing receivables.
CHAPTER X. PROTECTION OF THE WEBSITE AGAINST ILLEGAL CONTENT
The provisions of this Chapter are consistent with Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (hereinafter the Digital Services Act or DSA), applicable from 17 February 2024, and concern illegal content.
1. User Obligations. The User must use the Website in accordance with these Terms and Conditions, the law, standards of good conduct, fair competition rules and with due regard for third parties’ intellectual and industrial property rights, personal rights and personal data protection. The User must refrain from publishing Illegal Content through the Website.
2. Definition of Illegal Content. “Illegal Content” means information which, in itself or by reference to an activity, including the sale of products or the provision of services, does not comply with Union law or the law of any Member State that complies with Union law, irrespective of the precise subject matter or nature of that law.
3. Administrator’s Powers. The Administrator may, in good faith and on its own initiative, carry out investigations or take other measures to detect, identify, remove or disable access to Illegal Content, and take measures necessary to comply with Union law and national law consistent with Union law, including the DSA. Undertaking such activities does not affect the Administrator’s liability exemption under Article 6(1) DSA in respect of information stored on the Website at a User’s request.
4. Content Moderation. Content may be moderated by a human or algorithmically through automated verification and flagging of inappropriate or unacceptable expressions.
5. Reporting Illegal Content. A User may notify the Administrator, through the contact point, of specific information that the User or another person or entity considers to be Illegal Content.
6. Contact Point. The Administrator designates as the contact point for direct communication concerning the application of the DSA. The contact point enables direct communication between the Administrator and Member State authorities, the European Commission, the European Board for Digital Services and Users. Communications may take place in Polish or English.
7. Contents of a Notice. A notice concerning Illegal Content must specify:
7.1. A sufficiently substantiated explanation of the reasons why the person or entity alleges that the relevant information constitutes Illegal Content.
7.2. A clear indication of the exact electronic location of the information, such as the exact URL or URLs and, where necessary, additional information enabling identification of the Illegal Content, appropriate to the type of content and the specific service.
7.3. The name and email address of the person or entity submitting the notice, except for notices concerning information considered to involve one of the offences referred to in Articles 3–7 of Directive 2011/93/EU.
7.4. A statement confirming the good-faith belief of the person or entity submitting the notice that the information and allegations it contains are accurate and complete.
8. Acknowledgment of Receipt. If a notice includes the reporting User’s contact details, the Administrator sends an acknowledgment of receipt. The Administrator also communicates its decision regarding the notified information without undue delay, including information about the available means of appeal. An appeal against the Administrator’s decision may be submitted within 14 days to , identifying the date and content of the decision.
9. Handling of Notices. The Administrator considers all notices and takes decisions regarding the information concerned in a timely, non-arbitrary, objective and diligent manner.
10. Measures Taken. On becoming aware of Illegal Content, the Administrator may act promptly to remove it or disable access to it. The Administrator provides reasons for a decision resulting from a notice where it concerns:
a) restrictions on the visibility of specific information, including removal of content, disabling access or demotion of content;
b) suspension, termination or other restrictions on monetary payments;
c) suspension or termination of the provision of a service in whole or in part;
d) suspension or blocking of a User’s account.
11. Complaints Procedure. Complaints about the Administrator’s actions or omissions following a notice may be submitted using the procedure analogous to the complaints procedure set out in these Terms and Conditions.
CHAPTER XI. ECONOMIC COPYRIGHT AND USE OF MATERIALS
1. Copyright and other rights in the software, Website layout, original content and materials prepared by the Administrator or its authorised contractors belong to the respective rights holders. Using the Platform does not transfer these rights to the User unless the parties separately and effectively agree otherwise.
2. The User may use the Platform’s materials and functions within their intended purpose, the permissions granted and applicable law. Unauthorised copying, distribution and commercial exploitation of protected Platform resources is prohibited, subject to statutory exceptions and the rights of lawful database users.
3. The User retains the rights they hold in materials lawfully uploaded to the Website. To the extent necessary to provide the Platform’s services, the User grants the Administrator a non-exclusive, royalty-free licence or appropriate authorisation to technically record, store, copy, process, display and make those materials available to authorised recipients in accordance with the selected functionality and access permissions.
4. The authorisation in clause 3 is limited to what is necessary for service delivery, data security, proper operation of the Website and compliance with the Administrator’s legal obligations. It does not constitute general consent to unrestricted distribution or sale of the User’s materials to third parties.
5. Operational and transport documentation, in particular UPPT contracts, CMR consignment notes, invoices, freight data and documents stored in the Document Bank, is not used by the Administrator for promotional purposes or commercially disclosed to third parties solely on the basis of these Terms and Conditions. Such documentation is processed in connection with service delivery, participants’ permissions and applicable legal obligations.
6. Use of the User’s names, trademarks, photographs and other materials in separate promotional materials requires an appropriate legal basis and, where required, the prior consent or separate authorisation of the relevant rights holder.
7. The User declares that they have the rights and legal grounds necessary to upload the relevant content and documents to the Website and to grant the permissions required to perform the selected service. The User is liable for infringements of third-party rights in accordance with applicable law.
8. This Chapter does not restrict Users’ or other persons’ rights under personal data protection, trade secrecy, database protection or any other mandatory legal provisions.
CHAPTER XII. LIMITATION OF THE ADMINISTRATOR'S LIABILITY
§ 1. Status and role of the Transport Platform Administrator
1.1. The Administrator of the Transport Platform is Idea Business Sp. z o.o., which provides electronic services to Users on the terms set out in these Terms and Conditions.
1.2. The Transport Platform is an IT environment enabling businesses to establish commercial cooperation, publish transport advertisements, submit and accept offers, prepare and document contracts of carriage, and use additional functions supporting transport organisation.
1.3. The Administrator provides technical infrastructure and tools enabling the use of Platform services but is not, as a rule, a party to contracts of carriage concluded between Users.
1.4. The mere provision of tools for preparing, concluding, documenting or administering a contract of carriage does not mean that the Administrator:
a) becomes a Principal or Carrier;
b) assumes either party's obligations under a contract of carriage;
c) guarantees performance of carriage;
d) guarantees payment of carriage remuneration;
e) assumes liability for the cargo carried;
f) guarantees Users' obligations;
g) undertakes to cover damage arising from non-performance of contracts between businesses.
1.5. The Administrator does not act as a carrier or freight forwarder in relation to transactions independently concluded between Users through the Platform.
1.6. Use of the Platform does not create an employment, partnership, agency, representation, business partnership or other legal relationship between the Administrator and a User beyond that arising from these Terms and Conditions or a separate contract.
1.7. The Administrator may provide separate additional services on the terms specified in these Terms and Conditions or the relevant conditions governing those services.
1.8. The Administrator's liability for its own obligations remains separate from Users' liability arising from contracts concluded between them.
§ 2. Liability for Users' advertisements, offers and information
2.1. Users are independently responsible for the truthfulness, completeness, currency and lawfulness of information that they publish or communicate through the Transport Platform.
2.2. The responsibility in clause 2.1 includes, in particular, information concerning:
a) advertised cargo and available vehicles;
b) loading and unloading dates and locations;
c) technical specifications and characteristics of cargo;
d) weight, dimensions and type of goods carried;
e) vehicle requirements;
f) the offered freight rate;
g) conditions for performing carriage;
h) payment terms;
i) details of businesses and persons acting on their behalf;
j) other information material to establishing and performing cooperation.
2.3. The Administrator does not guarantee the accuracy of information independently posted by Users or their actual ability to perform the services offered.
2.4. Publication of an advertisement or offer on the Platform does not constitute the Administrator's confirmation that all the information it contains is factually accurate.
2.5. The Administrator may apply mechanisms to check the correctness of data, verify information and prevent the publication of content contrary to these Terms and Conditions.
2.6. Introducing checks does not mean that the Administrator assumes responsibility for the accuracy of all information provided by Users.
2.7. The Administrator is not obliged to conduct general prior monitoring of all information stored at Users' request, without prejudice to obligations imposed by applicable law.
2.8. Where the Administrator becomes aware of illegal content, appropriate action is taken in accordance with applicable law, in particular the Digital Services Act (DSA), to the extent applicable to the services provided.
2.9. Rules for reporting and moderating illegal content are set out in Chapter X of these Terms and Conditions.
2.10. The Administrator is liable for its own acts and omissions relating to making content available, processing it or moderating it to the extent required by applicable law.
§ 3. Liability for conclusion and performance of contracts of carriage
3.1. Contracts of carriage concluded between Transport Platform Users constitute separate legal relationships between the businesses that are parties to them.
3.2. The parties' rights and obligations under a contract of carriage arise from that contract and applicable law, particularly transport law, the Polish Civil Code and the CMR Convention where applicable.
3.3. The Administrator does not guarantee proper performance of contracts of carriage concluded between Users.
3.4. In particular, the Administrator does not assume liability for:
a) failure to perform carriage or improper performance;
b) delays in making a vehicle available;
c) failure to meet loading or unloading deadlines;
d) cargo damage, loss or shortage;
e) improper securing of goods;
f) improper use of a vehicle;
g) lack of required permits or authorisations;
h) irregularities in transport documentation prepared by the parties;
i) non-payment of freight;
j) late settlement of amounts due;
k) other breaches of obligations under contracts of carriage.
3.5. The relevant party to the contract is liable for non-performance or improper performance of carriage in accordance with its contractual terms and applicable law.
3.6. The Administrator does not guarantee the solvency of businesses using the Platform.
3.7. The Administrator does not assume the obligation to pay remuneration owed to the Carrier, even where the contract was concluded using the UPPT system.
3.8. Freight payments and any advance payments are settled directly between the parties to the contract of carriage, unless a separate, expressly offered service provides for another settlement model.
3.9. The Administrator is not liable for the Principal's failure to pay but may take action against a User who breaches fair cooperation rules under Chapters VII and VIII of these Terms and Conditions.
3.10. The Administrator may verify reports of dishonest User practices but does not thereby become a party to disputes over claims arising under contracts of carriage.
3.11. The Administrator is not obliged to conduct court, arbitration or debt collection proceedings on behalf of Users, except under any separate obligations validly assumed on an appropriate legal basis.
3.12. This section does not exclude the Administrator's liability for improper performance of its own electronic services where such liability arises under applicable law.
§ 4. Verification of businesses and absence of a guarantee of reliability
4.1. The Transport Platform applies business verification procedures under the rules in Chapter II of these Terms and Conditions.
4.2. Verification aims to reduce the risk of Platform use by unauthorised persons and entities using incorrect details.
4.3. Successful verification of a business means that the Administrator has completed the verification procedure prescribed by these Terms and Conditions and granted the relevant status.
4.4. Successful verification of a business does not constitute:
a) a guarantee of solvency;
b) a guarantee that obligations will be paid on time;
c) a guarantee of proper performance of carriage;
d) a guarantee of the company's obligations;
e) a guarantee that it will continuously hold all authorisations required for its activities;
f) a guarantee that the company will not breach these Terms and Conditions or the law in the future.
4.5. The Administrator is not liable for subsequent changes in a verified company's financial, organisational or legal situation unless such liability arises from the Administrator's own act or omission or applicable law.
4.6. Users must exercise due care when selecting business partners and concluding contracts of carriage.
4.7. The Administrator may undertake additional verification if it receives credible information suggesting a possible breach of these Terms and Conditions or loss of a required authorisation by a business.
4.8. The Administrator must properly perform its own verification procedures to the extent required by these Terms and Conditions and applicable law.
4.9. Granting a User access to a Private Board or an invitation from another business does not itself guarantee that User's reliability, solvency or performance of future obligations.
4.10. The Administrator does not assume liability for decisions by a Private Board owner concerning selection of business partners and cooperation with them, without prejudice to liability for the Administrator's own acts and omissions.
§ 5. Liability for the UPPT system, CMR consignment notes and Driver Panel
A. UPPT system
5.1. The Administrator provides tools for preparing, documenting and managing contracts of carriage within the UPPT system.
5.2. The UPPT system uses data supplied by Users and information retrieved from relevant Platform functions.
5.3. Users are responsible for the accuracy of data they enter, confirm or modify when preparing a contract and for ensuring it reflects the actual arrangements.
5.4. The Administrator does not assume liability for inaccuracies arising solely from incorrect, incomplete or factually inaccurate information provided by Users.
5.5. The parties should review the contract before taking steps to conclude or approve it.
5.6. The Administrator is responsible for the proper operation of its own UPPT technical mechanisms to the extent required by these Terms and Conditions and applicable law.
5.7. The Administrator does not exclude liability for errors resulting from incorrect processing, recording or generation of data by the system where such liability arises under applicable law.
B. CMR and domestic consignment notes
5.8. The Administrator provides tools for preparing, completing, confirming and storing transport documents, including CMR and domestic consignment notes.
5.9. The relevant parties are responsible, in accordance with applicable law, for the accuracy of information about carriage, cargo, consignor, consignee, Carrier and other circumstances documented.
5.10. The Administrator does not independently verify the actual condition, quantity, weight or completeness of cargo or the actual course of loading and unloading operations.
5.11. Information entered by a User into a consignment note is not independently verified by the Administrator merely by being entered.
5.12. The Administrator is responsible for the proper operation of its own document creation and management mechanisms to the extent required by applicable law.
5.13. Providing tools to record signatures and confirmations does not mean that the Administrator provides a qualified electronic signature service or guarantees the identity of everyone signing a document.
5.14. The legal effects of signatures, confirmations and electronic documents are assessed under applicable law.
C. Driver Panel and monitoring of carriage stages
5.15. The Driver Panel enables information about the various stages of carriage to be communicated.
5.16. Information sent through the Driver Panel may include estimated arrival time, arrival at the location, start and completion of loading or unloading, and delay notifications.
5.17. The Administrator does not guarantee that information supplied by the Driver or other carriage participants always reflects the actual transport process.
5.18. Failure to update a carriage status or delay in providing information by the Driver does not automatically indicate a system malfunction.
5.19. Proper use of the Driver Panel requires access to a suitable device, an internet connection and the granting of appropriate permission to the Driver through the link provided.
5.20. The entity providing a Driver with a Driver Panel link should exercise due care to ensure it is supplied to an authorised person.
5.21. The Administrator is responsible for its own Driver Panel access-control and security mechanisms to the extent required by applicable law.
5.22. Monitoring carriage stages is informative and supplementary, and does not itself guarantee that transport will be performed according to the contract.
5.23. System records concerning carriage may be used as evidence, but their evidential weight is assessed under applicable law.
D. Automated functions
5.24. The Administrator may offer tools that automate certain activities connected with offers and contracts, particularly the Freight Assistant and Accept Freight feature.
5.25. Automated actions performed by the system on the basis of User settings do not mean that the Administrator independently becomes a party to the transaction.
5.26. Users are responsible for selecting and approving automated operating parameters that they independently configure within the available functions.
5.27. The Administrator is responsible for the system's proper execution of approved settings and operating rules to the extent required by these Terms and Conditions and applicable law.
5.28. The Administrator does not guarantee that use of automated functions will result in a particular number of offers, conclusion of a contract or a particular economic benefit.
§ 6. Liability concerning the Document Bank
6.1. The Administrator provides a Document Bank feature enabling storage, sharing, download and export of certain documents connected with Platform use.
6.2. The range of documents stored and the period of their availability are specified in the rules governing the relevant service and in these Terms and Conditions.
6.3. The Administrator stores documents within the Document Bank for the period prescribed for the relevant function, taking account of applicable law.
6.4. Under the Document Bank's retention policy:
a) on day 90, documentation subject to the retention mechanism is scheduled to be sent automatically to the authorised User in accordance with the Document Bank rules;
b) scheduled deletion of documentation from the Document Bank takes place on day 121, except where further storage is required by law.
6.5. Users must download in good time any documentation they intend to use after the Document Bank's retention period expires.
6.6. Using the Document Bank does not exempt a business from duties to maintain and retain records required by law.
6.7. Users are responsible for fulfilling their own record-archiving obligations in connection with their business activities.
6.8. The Administrator does not guarantee indefinite storage of documents subject to a limited retention period.
6.9. Deleting documentation in accordance with a properly defined retention policy does not, in itself, constitute improper service performance.
6.10. The Administrator is responsible for the security and proper functioning of its own document storage and sharing mechanisms to the extent required by applicable law.
6.11. This section does not exclude the Administrator's liability for unauthorised deletion, loss or improper disclosure of documents where such liability arises under applicable law.
6.12. The Administrator may provide document export functions, including downloading PDFs and archive packages containing documents and available information on their handling history.
6.13. The Administrator does not guarantee that documents downloaded by a User will be properly stored or secured within the User's own IT infrastructure.
§ 7. Liability for external systems, maps and integrations
7.1. Certain Transport Platform functions may use services, data or infrastructure supplied by independent external providers.
7.2. This applies in particular to:
a) mapping and routing services;
b) telecommunications infrastructure;
c) email services;
d) hosting services;
e) payment systems;
f) external ERP and TMS systems;
g) other services used to deliver specific functions.
A. Maps and route planning
7.3. Information about distance, routes and estimated journey times is provided for guidance.
7.4. The Administrator does not guarantee that distances and routes displayed by the system will always reflect actual road conditions and the technical capabilities of a particular vehicle.
7.5. Users must independently assess the feasibility of carriage, taking account of applicable law, road restrictions, permitted weights and dimensions, and other relevant circumstances.
7.6. Data from external mapping systems does not guarantee that carriage can be performed along a particular route.
B. ERP/TMS integrations
7.7. The Administrator may provide tools enabling the export and transfer of data to external IT systems.
7.8. Integrations may include data transfer in CSV, PDF, JSON, XML and other formats made available by the Administrator.
7.9. The Administrator is responsible for the proper operation of its own export and integration mechanisms to the extent specified by the service conditions and applicable law.
7.10. The Administrator does not guarantee uninterrupted operation or technical immutability of independent ERP/TMS systems.
7.11. The Administrator is not liable for errors arising solely from a User's incorrect configuration of external software or changes made by an independent provider where the Administrator is not legally responsible for those circumstances.
7.12. Changes to external technical interfaces may require updates to Platform adapters or other integration mechanisms.
C. Payment systems
7.13. Payments for certain Platform services may be handled by external payment service providers, particularly PayPal or Przelewy24, according to the available payment methods.
7.14. The Administrator is responsible for its own obligations concerning correct settlement of services provided to Users.
7.15. The Administrator does not guarantee uninterrupted operation of independent payment systems or the processing times of transactions dependent exclusively on those providers.
7.16. This section does not exclude the Administrator's liability for its own acts and omissions or liability arising under law for entities involved in performing its obligations.
§ 8. Liability for system notifications
8.1. The Transport Platform provides a notification system connected with use of its functions.
8.2. Notifications may concern, in particular:
a) new offers;
b) offer acceptance;
c) conclusion and administration of UPPT contracts;
d) stages of carriage performance;
e) reported delays;
f) transport documentation;
g) settlements;
h) Account security;
i) other events supported by available functions.
8.3. The Administrator is responsible for the proper operation of its own mechanisms for generating and sending notifications to the extent required by these Terms and Conditions and applicable law.
8.4. The Administrator does not guarantee that every email will be successfully delivered to the recipient's inbox where delivery depends on independent email infrastructure, mailbox configuration or other circumstances beyond the Administrator's responsibility.
8.5. Non-delivery of a notification may result, in particular, from:
a) an incorrect email address provided by the User;
b) a full recipient inbox;
c) messages being blocked by spam filters;
d) incorrect configuration of the recipient's email;
e) unavailability of the recipient's mail server;
f) other events beyond the Administrator's control.
8.6. Users must keep their contact details up to date and configure their own communication tools appropriately.
8.7. System notifications are informational or operational, depending on the event and the rules of the relevant feature.
8.8. Users should regularly review information available in their Accounts and service panels.
8.9. This section does not limit the Administrator's obligations regarding effective delivery of notices where the manner of service is specified in these Terms and Conditions or applicable law.
8.10. The Administrator is not liable for incorrect business decisions made by a User solely on the basis of incomplete or outdated information provided by other transport participants, without prejudice to liability for its own services.
§ 9. Infrastructure security and data protection
9.1. The Administrator implements appropriate technical and organisational measures to protect the Transport Platform's infrastructure and processed data.
9.2. The safeguards used should reflect the nature of the services, categories of information processed and identified threats.
9.3. The Administrator does not guarantee complete elimination of all risks associated with the use of IT systems.
9.4. The mere occurrence of a security incident does not automatically establish the Administrator's liability for resulting damage.
9.5. The Administrator's liability for breaches of data and infrastructure security is determined in light of the specific incident, security measures implemented and applicable law.
9.6. The Administrator is not liable for damage caused exclusively by third parties or circumstances for which it is not responsible under applicable law.
9.7. The Administrator is liable for its own negligence in system security where the legal conditions for such liability are satisfied.
9.8. Personal data is protected in accordance with applicable law, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).
9.9. These Terms and Conditions do not exclude liability under personal data protection legislation.
9.10. Users must exercise due care in securing their Accounts, devices and access credentials.
9.11. The Administrator is not liable for unauthorised use of an Account arising solely from circumstances attributable to the User for which the Administrator is not legally responsible.
9.12. If a security threat is detected, the Administrator may apply necessary protective measures, including temporary restrictions on access to specified functions, in accordance with these Terms and Conditions and applicable law.
§ 10. Platform availability, technical interruptions and force majeure
10.1. The Administrator exercises due care to ensure that the Transport Platform operates properly and continuously.
10.2. The Administrator does not guarantee uninterrupted availability of all functions unless it expressly assumes such an obligation for a particular service in separate conditions.
10.3. Service availability may be temporarily restricted as a result of, in particular:
a) maintenance work;
b) software updates;
c) infrastructure modernisation;
d) equipment or system failures;
e) interruptions in telecommunications services;
f) security incidents;
g) failures of independent external systems;
h) force majeure events.
10.4. The Administrator may carry out technical work necessary for the security, stability and development of the Platform.
10.5. Where possible, the Administrator will inform Users of planned work causing significant service interruptions.
10.6. The Administrator takes appropriate steps to mitigate failures and restore proper service operation.
10.7. The Administrator is not liable for non-performance or improper performance of an obligation caused by force majeure where the Administrator is not responsible for the event under applicable law.
10.8. Force majeure means an external and extraordinary event that could not have been foreseen or its effects prevented despite the exercise of the required care.
10.9. A technical failure, cyberattack or issue affecting an infrastructure provider does not automatically constitute force majeure.
10.10. The Administrator's liability for service irregularities is determined under these Terms and Conditions and applicable law.
§ 11. Liability for decisions made by the Administrator under these Terms and Conditions
11.1. The Administrator may take measures to protect the Transport Platform and prevent breaches of these Terms and Conditions.
11.2. The Administrator's powers include, in particular:
a) conducting investigations;
b) verifying reported breaches;
c) issuing warnings and demands;
d) restricting access to specified services;
e) temporarily suspending Accounts;
f) terminating services in cases permitted by law;
g) pursuing contractual penalties due;
h) taking other measures provided for in these Terms and Conditions and applicable law.
11.3. Detailed rules on investigations and measures under these Terms and Conditions are laid down in Chapter VIII.
11.4. The Administrator is not required to resolve all business disputes arising between Users.
11.5. The Administrator may decline to take a position on claims arising solely from performance of a contract of carriage where the matter does not suggest a breach of these Terms and Conditions.
11.6. Merely declining to resolve a civil-law dispute between businesses does not constitute improper performance of a Platform service.
11.7. The Administrator fulfils its obligations under applicable law to examine reports and take action.
11.8. The Administrator's failure to apply a particular measure against a User does not automatically give rise to liability towards other Users.
11.9. The Administrator may individually assess whether a measure is justified, taking account of the nature of the breach, available evidence and proportionality.
11.10. Properly applying a restriction to a User under these Terms and Conditions and applicable law does not, in itself, establish the Administrator's liability for damages.
11.11. If the Administrator imposes a restriction in breach of its own obligations or applicable law, liability is determined under the relevant legal provisions.
11.12. The Administrator may not exclude all liability for the effects of an erroneous or unlawful decision under these Terms and Conditions merely by referring to the powers provided for herein.
11.13. Failure to impose a sanction for a particular breach does not mean that the Administrator waives the right to take appropriate action in future.
11.14. In the case of repeated or serious breaches, the Administrator may apply measures under these Terms and Conditions even if it previously issued only a warning.
11.15. Taking action under these Terms and Conditions does not mean that the Administrator assumes liability for businesses' obligations towards their partners.
§ 12. Limits of the Administrator's liability and final provisions
12.1. The Administrator is liable for non-performance or improper performance of its own obligations under the electronic services agreement in accordance with applicable law.
12.2. The Administrator is not liable for obligations arising from contracts concluded solely between Users unless such liability arises from a separate legal basis or its own acts or omissions.
12.3. The Administrator does not guarantee that the User will achieve particular business outcomes through the Transport Platform.
12.4. In particular, the Administrator does not guarantee:
a) receipt of a particular number of transport orders;
b) finding a business partner;
c) acceptance of a submitted offer;
d) conclusion of a contract of carriage;
e) securing a particular freight rate;
f) performance of obligations by a business partner;
g) a particular level of revenue or profit;
h) avoidance of all business risks associated with the User's activities.
12.5. Users make business decisions in their own name and at their own expense, taking account of risks inherent in their activities.
12.6. The Administrator is liable for its own acts and omissions and for those of other persons to the extent required by applicable law.
12.7. The Administrator's liability does not extend to damage caused exclusively by circumstances for which it is not responsible under applicable law.
12.8. No provision of these Terms and Conditions excludes or limits the Administrator's liability where such exclusion or limitation is prohibited by applicable law.
12.9. In particular, these Terms and Conditions do not exclude liability for damage caused intentionally or liability that cannot be excluded under personal data protection law or other mandatory provisions.
12.10. This Chapter must be interpreted in light of the actual nature of the services provided by the Administrator and the scope of obligations assumed towards Users.
12.11. Detailed rules for individual Platform services are specified in the relevant provisions of these Terms and Conditions.
12.12. This Chapter applies in conjunction with:
a) Chapter IV – on advertisements, offers and conclusion of contracts of carriage;
b) Chapter VII – on the rights and obligations of the parties and rules for fair Platform use;
c) Chapter VIII – on handling complaints, breaches of these Terms and Conditions and contractual penalties;
d) Chapter X – on protecting the Website against illegal content;
e) Chapter XIII – on the complaints procedure.
12.13. Matters not covered by this Chapter are governed by the remaining provisions of these Terms and Conditions and applicable law.
CHAPTER XIII. COMPLAINTS PROCEDURE
§ 1. Submission and Handling of Complaints
1.1. The User has the right to submit complaints concerning services provided by the Administrator through the Transport Platform.
1.2. Complaints may concern, in particular, irregularities in Website operation, Account servicing, publication of advertisements, submission and acceptance of offers, handling of UPPT contracts, transport documentation, settlements and other electronic services provided by the Administrator.
1.3. Complaints must be submitted exclusively by email to:
1.4. A complaint should contain information identifying the User and the matter complained of, in particular:
a) the business name or information identifying the Account;
b) a description of the reported irregularity;
c) the date or period during which the problem occurred, if ascertainable;
d) relevant advertisement, offer, contract or document numbers, where applicable;
e) the expected manner of handling the complaint;
f) available documents or other materials supporting the complaint.
1.5. The Administrator may ask the User to provide additional information where necessary for proper consideration of the complaint.
1.6. The Administrator considers complaints within 14 calendar days of receipt.
1.7. A reply is sent by email to the address from which the complaint was submitted or to another address indicated by the User.
1.8. The reply states how the complaint has been resolved and, if rejected, gives appropriate reasons.
1.9. The complaints procedure in this section does not restrict the User’s rights under applicable law.
§ 2. Scope of the Complaints Procedure
2.1. The complaints procedure concerns the proper provision of services by the Transport Platform Administrator.
2.2. Complaints about the operation of electronic services must be distinguished from reports of violations of these Terms by other Users.
2.3. Reports concerning violations of these Terms by Users are handled in accordance with Chapter VIII.
2.4. Reports concerning illegal content are handled in accordance with Chapter X and applicable law.
2.5. The Administrator is not obliged to resolve disputes concerning performance of contracts of carriage between businesses as part of the complaints procedure.
2.6. The Administrator’s liability for its own services and the limits of that liability are specified in Chapter XII.
§ 3. Amicable Dispute Resolution
3.1. Where a dispute arises between a User and the Administrator concerning Platform services, the parties should first attempt an amicable resolution.
3.2. Amicable resolution includes, in particular, direct exchange of positions, presentation of relevant documents and explanations, and efforts to reach agreement.
3.3. The parties envisage a period of up to 30 calendar days from notification of a dispute to undertake measures aimed at resolving it amicably.
3.4. The procedure in this section does not constitute arbitration or oblige the Administrator to conduct mediation.
3.5. The parties may use other legally permitted dispute-resolution methods.
3.6. An attempt at amicable resolution does not restrict either party’s right to pursue claims before the competent court.
§ 4. Court Jurisdiction and Final Provisions
4.1. Disputes between the Administrator and a User arising from the provision of Transport Platform services are heard by the competent ordinary courts.
4.2. The parties agree to the territorial jurisdiction of the court competent for the Administrator’s registered office insofar as such an agreement is permissible and effective under applicable law, taking into account the formal requirements for a jurisdiction agreement and the rules on international jurisdiction.
4.3. The mere submission of a complaint, challenge to the Administrator’s decision or existence of a dispute between the parties is not grounds for automatically suspending or blocking the User’s Account.
4.4. If proceedings reveal a serious breach of these Terms, a threat to Platform security or other circumstances justifying immediate action, the Administrator may apply appropriate measures under these Terms, including a temporary Account block, in accordance with Chapter VIII and applicable law.
4.5. The Administrator may take necessary protective measures before the investigation is concluded where justified by security considerations or the need to protect other Users’ rights.
4.6. The Administrator’s liability for decisions restricting or terminating services is governed by Chapter XII.
4.7. This Chapter does not restrict the special procedural rights afforded to Users by applicable law.
CHAPTER XIV. FINAL PROVISIONS
§ 1. Entry into Force of These Terms and Conditions
1.1. These Terms and Conditions govern electronic services provided by the Transport Platform Administrator and the rights and obligations of Users of the Website.
1.2. These Terms and Conditions form an integral part of the electronic services agreement between the Administrator and the User.
1.3. This version of the Terms and Conditions is published and enters into force on 26 October 2026, subject to the rules governing the effectiveness of amendments in relation to Users bound by an earlier version.
1.4. For Users entering into an electronic services agreement on or after the date specified in clause 1.3, these Terms and Conditions apply from the effective conclusion of that agreement under their provisions.
1.5. For Users who entered into electronic services agreements before this version entered into force, its amended provisions become binding in accordance with the amendment procedure and applicable law.
1.6. The Administrator makes these Terms and Conditions available so that the User may read, save and reproduce them.
§ 2. Amendments to the Terms and Conditions
2.1. The Administrator reserves the right to amend these Terms and Conditions for justified reasons, including:
a) changes in applicable law;
b) changes in the scope or manner of service provision;
c) the introduction of new functionalities;
d) modernisation or development of technical infrastructure;
e) the need to improve Website security;
f) the prevention of abuse;
g) organisational changes affecting service provision;
h) the need to align the Terms and Conditions with the Platform’s actual operation.
2.2. The Administrator informs Users of amendments by email sent to the address associated with their Account and may additionally publish an announcement on the Website.
2.3. Subject to clause 2.6, the Administrator gives at least seven calendar days’ advance notice of ordinary amendments before their intended effective date.
2.4. The amendment notice should enable the User to review the new text and the intended date of its entry into force.
2.5. A User who does not accept the amendments may terminate the electronic services agreement in accordance with these Terms and Conditions and applicable law. Where required by applicable law, amended Terms become binding on an existing User only after the statutory conditions have been satisfied.
2.6. Where immediate action is required, particularly to comply with a legal obligation or remove a serious security threat, the Administrator may introduce appropriate amendments on a different schedule if permitted by applicable law.
2.7. Where applicable law requires a longer mandatory notice period or other special conditions for amendments, those requirements apply.
2.8. Amendments to these Terms and Conditions do not automatically change the terms of contracts of carriage previously concluded directly between Users.
2.9. In particular, an amendment does not automatically change the agreed freight rate, transport dates, payment deadlines or other individual terms of previously concluded contracts.
2.10. New provisions concerning contractual penalties do not justify imposing a penalty on a User for an event that occurred before those provisions became effectively binding on that User.
2.11. The Administrator may retain archived versions of these Terms and information about their periods of validity and provision to Users in accordance with applicable law.
§ 3. Termination of Services
3.1. An agreement for the provision of electronic services may be terminated in accordance with these Terms and Conditions and applicable law.
3.2. The Administrator may terminate an agreement or discontinue specified services in the cases provided for in these Terms and permitted by law.
3.3. The Administrator reserves the right to terminate services with immediate effect for good cause, in particular a serious breach of these Terms, deliberate harm to the Platform or its Users, or a significant security threat.
3.4. Immediate termination need not be preceded by all warning measures if the nature of the breach justifies immediate action and applicable law permits it.
3.5. The Administrator may temporarily restrict Account access, suspend services or apply other measures in accordance with Chapter VIII.
3.6. The mere fact that one business has several User Accounts does not breach these Terms or constitute grounds for terminating services.
3.7. In the event of serious breaches associated with a business, the Administrator may apply measures to Accounts associated with that business in accordance with Chapter VIII.
3.8. Termination of services does not automatically extinguish obligations arising from contracts of carriage previously concluded between Users.
3.9. Services provided before termination are settled in accordance with the relevant provisions of these Terms and Conditions and applicable law.
§ 4. Financial Obligations Following Termination
4.1. Termination or expiry of the electronic services agreement does not release the User from the obligation to pay amounts arising before the agreement ended, where such amounts are lawfully due to the Administrator.
4.2. This obligation includes, in particular:
a) commissions due;
b) fees for services performed;
c) other due and payable amounts under validly concluded agreements;
d) contractual penalties due, if validly stipulated and the conditions for enforcement are met;
e) justified and legally recoverable costs of pursuing claims.
4.3. Termination does not deprive the Administrator of the right to pursue claims owed under applicable law.
4.4. Ending use of the Platform does not release the User from liability for violations committed while the relevant provisions of these Terms were effectively in force.
4.5. Debt-recovery rules are also set out in Chapter IX.
§ 5. Invoices and Settlement Documents
5.1. The Administrator issues invoices and other required settlement documents for paid Transport Platform services in accordance with applicable tax law.
5.2. Invoices are issued in accordance with the applicable rules on the National e-Invoicing System (KSeF), insofar as the Administrator is required to use that system.
5.3. Where an invoice is not required to be issued or made available through KSeF, the Administrator issues and delivers it using an appropriate method compliant with applicable law.
5.4. The Administrator may send information about settlement documents issued to the User’s Account email address.
5.5. Transactions involving foreign businesses are documented in accordance with the tax rules applicable to the transaction.
5.6. Use of free Platform services does not in itself create an obligation to issue an invoice unless required by applicable law.
§ 6. Language Versions of the Terms and Conditions
6.1. These Terms and Conditions were drawn up in Polish.
6.2. The Administrator may make translations available in other languages supported by the Transport Platform.
6.3. Translations are intended to enable foreign businesses to become familiar with the rules for using the Platform.
6.4. In the event of discrepancies between the Polish version of these Terms and their translations, the Polish version prevails, subject to mandatory provisions of law.
§ 7. Invalidity of Provisions and Final Rules
7.1. If any provision of these Terms and Conditions is invalid, ineffective or unenforceable, this does not automatically invalidate or render ineffective the remaining provisions.
7.2. The remaining provisions remain effective to the extent provided by applicable law.
7.3. Agreements for the provision of electronic services concluded between the Administrator of the Transport Platform and Users shall be governed by the laws of the Republic of Poland, regardless of the country in which a User has its registered office or conducts business, subject to European Union law and any provisions of law whose application cannot validly be excluded by agreement.
7.4. All matters concerning the conclusion, performance, interpretation and termination of an agreement for the provision of electronic services, as well as the parties’ liability arising from such agreement, shall be governed by Polish law to the extent permitted by the applicable rules of private international law.
7.5. The choice of Polish law shall not exclude the application of overriding mandatory provisions or other mandatory provisions of law which, under the applicable conflict-of-laws rules, apply to the legal relationship concerned.
7.6. Disputes arising from agreements for the provision of electronic services concluded between the Administrator and Users shall be resolved by the courts of the Republic of Poland having subject-matter jurisdiction and territorial jurisdiction over the Administrator’s registered office, insofar as such an agreement on jurisdiction and venue is permitted under applicable law.
7.7. The provisions concerning the governing law and the jurisdiction of courts apply to the legal relationships between the Administrator and Users of the Transport Platform. They do not determine the law applicable to, or the jurisdiction of courts over, separate contracts of carriage concluded directly between Users. Such matters may be addressed in the relevant contracts of carriage, subject to applicable law.
