Terms and conditions for using CargoLink service

GENERAL PROVISIONS

This document defines the rules for using the CargoLink service ("Service", “Application”) provided by Omilink Sp. z o.o., with its registered office at Szafera 3, 80-299 Gdańsk, Poland, registered by Sąd Rejonowy Gdańsk-Północ w Gdańsku, VII Wydział Gospodarczy Krajowego Rejestru Sądowego, with NIP: 5842816354 KRS: 0000965108 REGON: 521688415 and share capital 5 000 PLN, later in this document known as "CargoLink", "we", "Supplier".

The condition for using the Service by the Customer is to read these Regulations and to accept all its provisions. Upon acceptance of the Regulations, a legally binding agreement between the Client and CargoLink is concluded. We reserve the right to refuse to conclude a contract with the Customer for any reason, in particular in cases where the Customer’s Account has been removed in the past due to violation of the Regulations.

If the Customer does not accept any of the provisions of the Regulations, he/she cannot use the Service.

SERVICE

• access to the CargoLink internet platform ("CL”) in the SaaS model ("Software-as-a-Service") containing tools for managing freight forwarding and transport;
• customer service;
• additional functionalities (so-called add-ons), if the Client orders them, will accept additional rules, if provided;
• Add-ons may be charged for or free of charge;
• Available as B2B (Business to Business) relation only.

The detailed scope of functionalities available to the Customer as part of his Subscription Plan is specified in the price list available at Pricing

ACCOUNT

To use the Service, Client must have an account on the CargoLink platform ("Account").

Access to the Account is possible only with the use of a login and password for each Customer. The Customer is obliged to keep his/her login details secret. The Customer is responsible for the consequences of using the Account, in particular for the Account users (so-called multi-users). As part of CargoLink it is possible to specify different levels of access to the Account and its functionalities. The Customer is responsible for determining and entering the appropriate access levels.

The Service is intended to be used primarily as a Transportation Management System. The Supplier reserves the right to use automated analysing systems to verify the fair usage of the Service. Should such automated systems indicate irregularities in type of usage of the Service, we reserve the right to, but not limiting to, changing the account to paid / higher paid plan, suspending the account or deletion of the account.

THIRD PARTY SERVICES

The Customer may integrate his Account with certain third party services. Third party services are not provided by CargoLink. The possibility of using third party services may be limited based on the provisions of the regulations of these entities. Upon integration with a third-party service, the Customer agrees to the exchange of information and customer data between CargoLink and a third party (including confidential information) to allow the Customer to fully benefit from integration.

All references to services or websites of third parties, which are on our websites, are placed only for the convenience of the client; we do not control or endorse any materials or information contained on the pages of third parties.

PRODUCT TEST VERSIONS AND ENHANCEMENTS

From time to time, we may provide test versions of new functionalities. This enables our Customers to try new solutions, and us - a better understanding of customers’ needs and further development and improvement of our service. By deciding to use Product Test Version, the Customer acknowledges and agrees to the following conditions:

• The functionality in the Product Test Version may be available only for a limited time and CargoLink reserves the right to disable it at any time, without giving a reason.
• The functionality in the Product Test Version is available to a limited extent, which can be changed by CargoLink at any time, without giving a reason.
• CargoLink does not guarantee that the Product Test Version’s functionality will be permanently introduced into the Service and may withdraw from the development of a given functionality at any time, without giving a reason.
• The customer accepts full responsibility for the consequences of using the ProductTest Version’s functionality. In particular, the customer is fully responsible for the impact that the use of the Product Test Version may have on the existing settings of his account, collected data and other information. In the case of disabling the Product Test Version of the functionality, some of the processes taking place in the account may be irreversibly interrupted and the data and other information collected so far in the account may be lost. CargoLink does not bear any responsibility for consequences directly or indirectly resulting from it.
• After the end of the test period, the new functionality / functionalities may be made available to users as an additional paid feature, i.e. available to users only after paying the appropriate fee (e.g. as a paid add-on) or within the selected service pricing option. In this case, the Customer, in order to gain access to the new functionality, may need to purchase the Service in the appropriate price option.

Supplier may decide to temporarily enable additional functionalities or increase the Subscription Plan of any Account free of charge. It does not imply such changes and additions will be regular, nor do they imply any entitlement to such functionalities in the future.

COPYRIGHT

CargoLink declares that it is the creator of the Application and, as such, is entitled to copyrights, except for its elements, which are libraries derived from the so-called open software (open source library). The libraries have been attached to the Service and are disseminated as part of the Service in accordance with the license terms defining the terms of their use.

CargoLink declares and assures that it has exclusive and full property rights to the Service, which is the subject of these Regulations, and that these rights are not encumbered by any rights of third parties, and the disposal of them is in no way excluded or limited.

DISCLAIMERS AND LIABILITY

Supplier’s information and communication hubs are open 24 hours a day, however, we reserve the right to introduce short breaks due to activities related to the service.

The supplier is not liable for damages (including loss of data by customers) caused by:

• Higher power, (Force Majeure),
• interference of third parties (including users of the Customer’s Account and other participants), especially in connection with the use of the Account by third parties using the Customer Account login data - obtained from the Customer or in other circumstances independent of the Supplier,
• defective operation of external factors and other systems (e.g. telecommunications networks) independent of the Supplier,
• using test versions of functionality,
• non-compliance by the customer with the provisions of the Regulations,
• incorrect or untruthful customer data provided at registration and / or during usage of the Service.

Force Majeure is understood as an extraordinary external event that can not be foreseen and which could not be prevented. The circumstances constituting Force Majeure include, in particular, war, natural disasters, strikes, failures, DDoS attacks or other disruptions in the operation of the telecommunications network or IT infrastructure, as well as extraordinary governmental and administrative activities and activities of entities affecting the provision of the Service, whose activities are independent of the Parties.

The Supplier shall make every effort to ensure the operation of the Service on the latest stable versions of browsers: Mozilla Firefox, Opera, Chrome. However, despite all efforts, the Provider does not guarantee the correct operation of the Service on all devices and web browsers.

The Supplier reserves all rights not expressly granted to the Customer. The service is protected by copyright, provisions of international copyright treaties and other laws and international agreements regarding the protection of intellectual property.

The Customer does not acquire ownership of the Service.

The Supplier does not allow any third party to provide the Service with a fee or free of charge, without prior explicit written consent from the Supplier.

The Customer is entitled to use the Service on an unlimited number (fair usage policy applies) of seats and logins as part of his business.

The Supplier shall not be liable for non-functioning of the Service due to Force Majeure or administrative decisions preventing the provision of services in accordance with the law.

Contractual and delictual liability of the Supplier is limited to direct losses incurred by the Customer. The Supplier shall not be liable for indirect damages, irrespective of their source (in particular such as: loss of income, profit, interest or other lost profits, clean financial losses, losses from other contracts related to the unavailability of the Service or part thereof), except in cases of wilful misconduct or gross negligence of the Supplier.

The Parties undertake to keep confidential and not to disseminate any information regarding the parties to this Agreement, their contractors, their business activity and any other data to which the parties gained access when using the Service, as long as such information is not widely known or Party has not obtained written consent from the other Party.

In the event of a failure prohibiting the use of the Service, the Supplier shall undertake, within 24 hours, attempts to resolve the issue.

BACKUP COPIES

The Supplier shall perform backup copies of the Service and data entered by the Customer at least once a day.

The Supplier shall keep backup copies for a period of 30 days.

FEES

The Subscriber is obligated to pay fees for access to the Service in accordance with the price list published at Pricing.

If the highest package of documents in the price list is exceeded, the price is calculated proportionally for every 100 started documents.

Changes to the price list do not constitute a change in the terms of this regulation.

The amount of the fee depends on the number of orders created during the billing period by the Customer and individuals authorized by the Customer. Inviduals authorized by the Customer are understood to be all persons who can log in using authentication data associated with the Customer's account. The number of all created orders is counted and each order is counted as 1. Each subsequent order in the portfolio is counted as 1. CargoLink is a service intended for use as transport management software. The Provider reserves the right to investigate if the automatic analysis system indicates a different primary purpose of using the Service than intended. Further action in such case is at the discretion of the Provider.

The Customer is obligated to make timely payments.

In the event of non-payment within 7 days from the payment due date, the Provider reserves the right to block the Customer's access to the service and/or delete the account.

Access to the service and the data contained therein becomes impossible after the account is deleted.

In the case of blocked access to the service, the Provider will charge an administrative fee of EUR 15 (PLN 75). Payment of fees is mandatory to unlock access to the account.

TERMINATION OF AGREEMENT

The Customer is bound by a one-month notice period, effective at the end of the calendar month following the month in which the Provider received notice of termination.

The Provider reserves the right to immediately block access to the service and/or terminate the agreement in the event of the use of the CargoLink system in a manner inconsistent with the provisions of the regulations or in the case of a violation of the provisions from the FEES section.

TRADE INFORMATION

The Provider reserves the right to send unsolicited messages to addresses added to the Customer's account. This includes information referring directly to the functioning of the Service (e.g. changes in functioning), or non-commercial lists (e.g. information, system messages). Each recipient has the right to stipulate that he/she does not agree to receive such information. All advertising content related to the activities of the Supplier and its contractors may be sent only with the consent of the recipient, in accordance with the relevant laws.

FINAL PROVISIONS

The Customer's rights arising from this Regulation expire upon the removal and/or authorized blocking of access to the Service.

The Customer agrees to the storage and processing of personal data by the Provider for the purposes necessary for the provision of services covered by this Regulation and acknowledges the right to access and modify their data.

The Provider may change the Regulation and any associated documents at any time. The Provider informs the Customer of the change to the Regulation (or any other legal document related to it) 10 days before it takes effect by posting the relevant information and the updated version of the document on the Terms of Use website.

The Customer has the right to reject the new terms of the Agreement by sending a written objection to the Provider within 10 days from the publication date. In the absence of objection within this period, the new conditions are considered accepted by the Customer.

The Customer consents to receiving invoices in electronic form.

The Customer agrees to the publication of information about cooperation with the Provider and the Customer's logo for marketing purposes of the Provider.

The Provider reserves the right to decide not to enter into cooperation with the customer without the need to provide a reason for this decision.

In matters not regulated by the Regulation, the provisions of the Civil Code of Polish law apply.

All disputes will be resolved amicably; otherwise, they will be submitted to the jurisdiction of the local common court for the Provider's registered office.