Terms and conditions for electronic services provided by Freight Automation by HOGS sp. z o.o., sp. j. and the use of hogs.live website.
For the purposes of these regulations, the following terms have a meaning as follows:
- Price list – information about fees due to the Provider for Services provided for remuneration to the Users via the Website,
- Provider – Freight Automation by HOGS sp.z o.o., sp.j. with headquarters in Gdańsk (80-219), Al. Zwycięstwa 13a, with the NIP number: 9571137470 and REGON: 520133260 entered into the register of entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register under KRS number 000092391, the owner of the Hogs portal and website and Hogs sp. z o.o. with registered seat in Gdańsk (80-2019), al. Zwycięstwa 13a, with NIP number: 5842776703 and REGON: 381307370 entered in the Register of Entrepreneurs kept by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register (KRS) under KRS number 0000748818 owner of the portal and website with ferries and tunnels, (hereinafter referred to as: Hogs),
- Registration Form – a form available on the website enabling creation of an Account,
- Password – a sequence of characters that allows the User authorized access to the Website,
- Access code – a code consisting of a sequence of characters and assigned by the Provider, authorizing the User to register for one time on the Website and create an Account on the Website (the so-called activation link),
- Account – a collection of resources in the Provider’s ICT system marked with an e-mail address (Login) and a Password, in which data provided by the User and information about Orders for Packages submitted by them is collected,
- Subscription period – duration of the purchased licences (30 days, 90 days or 365 days).
- Package – number of accounts purchased for individual Users,
- Recurring payments – a method of payment by the User for Services, which automatically (without the User’s participation) charges the amount due for the Service from the User’s payment card. The terms of making recurring payments are specified in the Regulations.
- Website – an online platform belonging to the Provider, consisting of maps along with the routes calculation functions, placed at the address hogs.live, by means of which the Provider provides the Service,
- Contract – an agreement concluded between the User and the Provider on the terms set out in these Regulations, the subject of which is access to and use of the Website and Internet service and Services provided by the Provider electronically within the meaning of the Act of 18 July 2002 on electronic services (Journal of Laws No. 144, item 1204, as amended) (ustawa z dnia 18 lipca 2002 r. o świadczeniu usług drogą elektroniczną (Dz.U. Nr 144, poz. 1204, z późn. zm.)),
- Service – all services provided electronically by the Provider via the Website or the Internet service to the registered Users, in particular enabling access to maps and routes calculation in the manner specified in the Regulations,
- User – an organizational unit without legal personality who uses the Services on the terms set out in the Regulations and applicable laws connected thereto,
- Order – User’s declaration of intent made on the Website or on the Internet service and aiming directly at the conclusion of the Contract for the provision of paid Services, including the Sales Agreement.
§ 2. Postanowienia ogólne
- All rights to the Website and Internet service, its name, internet domain and content are only granted to the Provider, and the use of them may only take place in a manner specified in and in accordance with the Regulations.
- The Regulations define:
- rights and obligations of the Provider and the Users related to providing the Services electronically,
- rules and provisions for excluding the Provider’s liability for providing the Services electronically,
- the rules for the protection of personal data of the Users using the Services provided by the Provider.
- The Provider provides its Users free of charge with the Regulations via the Website prior to the conclusion of the Contract for the provision of Services at the stage of registration to the Website, in a manner enabling it to be downloaded, saved and printed.
- By concluding the Agreement, the User declares that they have read the Regulations and accept its provisions in its entirety.
- The User is obliged to comply with the provisions of the Regulations from the moment of registration via the Website.
- The User must not transfer the rights and obligations under the Agreement to third parties.
- The Provider provides Services electronically in accordance with the Regulations.
- The condition for using the Services by the User is acceptance of the Regulations.
- Registration and use of the Services provided on the Website is voluntary.
- All information contained on the Website relating to the Packages (including prices) does not constitute an offer within the meaning of article 66 of the Civil code (art. 66 Kodeksu cywilnego), but an invitation to conclude the Agreement as specified in art. 71 of the Civil code (art. 71 Kodeksu cywilnego).
- Customers can contact the Provider from Monday to Friday from 8 am to 4 pm.
- name & surname,
- phone number: 22 34 99 090,
- e-mail: firstname.lastname@example.org,
- mail: Hogs sp. z o.o., al. Zwycięstwa 13a, Gdańsk (80-2019).
§3. Conclusion of the Agreement and opening an Account
- By the fact of sending the Registration Form, the User declares that:
- the data provided in it is complete, true and consistent with the facts,
- is entitled to enter into an Agreement for the provision of electronic services,
- data provided by them does not violate any rights of third parties,
- is authorized to act on behalf of the Account holder,
- they have read the Regulations and oblige themselves to comply with them.
- Any natural person can register on the Website. Registration is free of charge and consists in completing the Registration Form located on the Website, in which the User provides in the respective fields mandatory pieces of information listed below:
- e-mail address,
- phone number,
- tax identification number (NIP),
- name of the company,
- address of the company,
- postal code,
- After completing and sending the Registration Form and confirming the veracity of the data contained therein, a text message with the Access Code will be sent from the Provider to the telephone number provided in the Registration Form. The access code should be entered in the Registration Form to complete the registration.
- Upon receipt of a properly completed Registration Form, the Provider will create a unique Account for the User within the Website under a name being the e-mail address provided by the User.
- The e-mail address is associated with the User’s Account, it is a necessary form of identification for the Provider and will be used for all correspondence related to the provision of Services.
- The Provider may refuse to create an Account with a specific name if it is already used within the Website or if the Provider obtains legitimate, reliable information that it is against the law, decency, or it violates personal interests or legitimate interests of the Provider.
- The User gains access to the Account after entering their e-mail address and Password. The User is obliged not to disclose to any third party the Password and bears sole responsibility for damages caused as a result of its disclosure.
- The User may resign from the Account at any time by submitting a relevant application to the Provider to the e-mail address: email@example.com, by phone at: 22 34 99 090 or in the panel after logging in to the Account. The payment made in accordance with the Package is not refunded. Resignation from having an account results in termination of the Agreement.
§4. Services provided by the Provider under the Agreement
- Website and Internet service are IT systems under which the Provider provides the Service to Users.
- The Provider will provide the Service to Users throughout the term of the Agreement.
- Under the Agreement, the User has an administrative account and a purchased number of employee accounts.
- After placing the Order, the User receives from the Provider, to the e-mail address provided by them, a return message with information about the Order, which is tantamount to concluding a Sales Agreement between the User and the Provider for a given Package.
§5. Technical conditions for the provision of Services by the Provider
- In order to use the following Services in the process:
- registration – a computer with internet access and a browser is required,
- logging in to the Internet network – a computer with Internet access and a browser is required,
- registration on mobile devices in the browser in online mode – a mobile device, a browser and access to the Internet are required,
- logging on the mobile device in online mode via a browser – a mobile device, a browser and access to the Internet are required.
- Technical requirements necessary to receive the Services:
- Browsers: Chrome 44 or higher, Firefox 39 or higher, Internet Explorer 10 or higher, Safari 7 or higher,
- enabled support for “cookies” (cookies).
- The Provider oblige themselves to start providing the Services selected by the Service User via the Website immediately after creating the Account.
§6. Rights and obligations of the Provider and Users
- The Provider reserves the right to:
- temporarily cease to provide the Services in whole or in part.,
- periodically suspend the provision of Services on the Website and / or the Internet service in connection with carrying out maintenance work,
- send to Users’ e-mail addresses technical, legal and transactional messages related to the functioning of the Website and / or the Internet service and / or the provision of Services,
- refuse to provide Services if the User provides an incorrect, false or temporary e-mail address or incorrect, false data in the Registration Form,
- refuse to provide Services if the User does not comply with the provisions of the Regulations.
- Breaks up to 48 hours do not result in a refund of fees. Breaks over 48 hours result in the extension of the subscription by the length of the break.
- The Provider reserves the right to cease providing the Services, deleting all Users’ data, transferring the rights to the entire Website / Internet service or its part to another entity and to taking any other activities related to the Website / Internet or part thereof as a result of which Users will not be entitled to any claims against the Provider.
- The User has the right to manage the Service via the Account and edit at any time the data provided by them related to the Services provided to them.
- The User as part of the Contract and use of the Website or Internet service is not entitled to:
- copying, modifying, distributing, transmitting or using in any other way any works and databases made available on the Website or Internet service, except for using them under the fair use and license conditions specified in § 9,
- taking any actions that may hinder or disrupt the functioning of the Website / Internet service and using the Website / Internet service in a way that is burdensome for other Users,
- using the Services in a manner contrary to the law, decency, infringing personal rights of third parties or legitimate interests of the Provider.
- The Provider reserves the right to delete the User’s Account in case of repeated gross violations of the Regulations by the User.
§7. The paid nature of the Website
- Services provided by the Provider to Users on the Website are payable. Information about fees due is placed in the Price List. Settlement of transactions by payment card and e-transfer is carried out via the website Przelewy24.pl.
- The User receives access to the paid service immediately after making the payment.
§8. Recurring payments
- The commencement of using Recurring Payments takes place at the time of purchasing the Service or extending the period of using the Service (extending the Subscription Period) with card payments.
- In order to use Reccuring payments, it is necessary for the User to have a payment card.
- When purchasing the Service or extending the period of using the Service when paying with a card, the User will be asked to provide the payment card details with which Recurring Payments will be made and other data necessary for the execution of Recurring Payments. In the event of changing the payment card details or changing other data, the User is obliged to provide new data on the Website in order to maintain the possibility of making recurring payments.
- During the period of using Recurring Payments, the User is obliged to maintain the payment card, which he indicated for the purpose of making Recurring Payments.
- The use of Recurring Payments is voluntary. The User may resign from this form of payment at any time, by disabling it in the Payments and licenses module.
- The User is obliged to provide funds on the payment card indicated for the purpose of making recurring payments to cover the amount due for the Service. Funds should be available on the card in such a time that it is possible to transfer them in the next settlement period.
- Successful payment for the Service in recurring payments causes the transition to the next Subscription Period, automatic (without the need for the Parties to submit further statements) extending the period of using the Service for the next Subscription Period to which the payment relates.The User may at any time resign from recurring payments for all or some of the Services. In order to resign from Recurring Payments, the User makes an appropriate change in the Payments and licenses module or removes the payment card from the Website. Cancellations are accepted immediately and access is blocked at the end of the billing period.
- Customers purchasing Packages, accepting these Regulations, agree to issue and send by the Provider invoices, correcting invoices and duplicates of these documents in electronic form to the email address provided by the Customer during registration or when placing the Order. At the same time, the Customer declares that they will collect the invoices electronically at the e-mail address provided by them.
- Invoices will be sent from the e-mail address: firstname.lastname@example.org intended solely for sending electronic invoices.
- The customer is obliged to inform about the change of e-mail address.
- The invoice will be attached to the e-mail message in the form of a pdf file.
- From the moment of receiving the message with an attached electronic invoice to the e-mail server, the Customer is responsible for ensuring the authenticity of origin and integrity of the invoice.
- The moment of entering the invoice with the attachment containing the invoice to the client’s mail server is considered the moment of delivery of the invoice issued in electronic form.
- The invoice sent in electronic form at the time of sending is saved in the archive on the Administrator’s server.
- Invoices are issued in Polish zlotys (PLN) and Euro (EUR). The conversion of amounts from EUR to PLN is made with the average NBP (Polish National Bank) exchange rate from the last business day preceding the submission of the order.
- The Provider shall not be liable for any damages resulting from the cessation of the Services in whole or in part to Users. The Provider is also not responsible for damages resulting from the cessation of the Services and removal of the User Account violating the Regulations.
- Moreover, the Provider does not take any responsibility for:
- any damage caused to third parties resulting from the use of the Services by Users in a manner inconsistent with the Regulations or the law,
- loss of data by Users due to external factors (eg. hardware failure) or other circumstances beyond the Providor’s control (third party operation),
- damages resulting from the lack of continuity in the provision of Services as a result of circumstances for which the Provider is not responsible (force majeure, acts and omissions of third parties, etc.),
- providing by Users false or incomplete information during the registration of the Account, or acting by the Users in a way that is non-compliant with the terms of the Regulations,
- actions or omissions of Internet service providers as well as failures and disruptions in the operation of the Internet network through which the User uses the Website,
- effects resulting from third parties being able to control of the User’s login or Password,
- consequences of actions taken by Users and constituting violation of the provisions of the Regulations,
- interruptions in the provision of the Service caused by reasons beyond the Provider’s control,
- authenticity of personal data provided by the User during the Registration.
§11. Copyright and related rights and licenses
- All rights to works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2006 No. 90, item 631, as amended) (ustawa z dnia 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych (Dz.U. z 2006 r. Nr 90, poz.631 z późn. zm.)), which are part of the Website/Internet service, including both the entire work and its fragments, and in particular to text elements, graphics and programming elements generating and servicing the Website/Internet service or allowing the use of the Service are reserved for the Provider.
- The Provider grants to the User a non-exclusive and irreplaceable license to use the Website, within the meaning of the Act of 4 February 1994 on Copyright and Related Rights.
- The Provider grants each User a license to use the Website in the following fields of exploitation: electronic reproduction, partial or full fixation, regardless of the standard, system or format, entering in the computer’s memory and making copies of such records for the use of maps, and also making prints for the User’s own needs.
- The license granted does not entitle the User in particular to:
- providing access to the Website and maps contained therein to third parties, e.g. by providing a Password,
- granting sublicenses,
- decompile or obtain information about the internal structure or operating principles of the server software used by the User.
- Any infringement of the copyright by the User may result in their civil or criminal liability.
§12. Personal data protection
- The Provider processes, via the Website and/or the Internet service, only Users’ personal data necessary for the conclusion, change, termination and proper performance of the Agreement for the provision of services by the Provider, as set out in these Regulations, using for this purpose personal data in accordance with the GDPR Regulation (European Parliament and Council (EU) Regulation 2016/679 of 27/04/2016) and the Act of July 18, 2002 on the provision of electronic services (ustawa z dnia 18 lipca 2002 r. o świadczeniu usług drogą elektroniczną).
- The Provider each time defines the data that is necessary to provide the Service electronically. The Provider may process the following personal data whose catalogue may be subject to change depending on the type of Service provided: surnames and first names of Users, e-mail address, date of birth, telephone number, address data.
- The Provider is the administrator of personal data within the meaning of the GDPR Regulation.
- e-mail address: email@example.com,
- telephone: [phone] (from Monday to Friday from 8 am to 4 pm).
- The administrator allows you to change your e-mail address, passwords, contact details at any time. The Registration made by the User and submitting the Order on the Website shall take into account the requirements of the GDPR and the Act on the provision of electronic services. The Provider clearly informs the Customers about the data controller and the purpose of personal data processing of the User, about the predicted recipients of such data known to the Provider at the time of providing information, as well as about the fact that it is voluntary to provide the data, and if it is not, the legal basis of such obligation.
- The User to whom the personal data pertains, in addition to the right of access to their content and their correction, also has the right to be forgotten, the right to limit the processing of data (subject to paragraph 11).
- The User’s consent to the processing of their personal data by the Provider as a data controller, may also apply to trade information being sent to the User (within the meaning of the Act on Electronic Services) using electronic means of communication, i.e. via the e-mail address provided by the User and/or in the form of a text message to the mobile phone number provided by the User, as well as the use by the Provider of automated calling systems and teleinformatic end devices.
- Personal data is provided to the Provider by the Users as a rule on a voluntary basis, with the reservation, however, that failure to provide the data required in the process, including Registration or placing Orders on the Website, necessary for the use of a given Service in the cases provided for in the Regulations, prevents the Registration or implementation of the Services and consequently the use of the Services and may make it impossible to consider the complaint.
- The set of personal data processed by the Administrator is compliant with the GDPR Regulation.
- The Administrator provides the option of deleting the User’s personal data from the kept collection, in particular in the event of termination or withdrawal from the Agreement by the User (the right to delete the data – “right to be forgotten”, article 17 of the GDPR). The Provider may refuse to delete the User’s personal data if the User has not paid all amounts due to the Provider for providing paid Services to them or if the User has violated the applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the User’s liability.
- The data may be made available to entities authorized to receive it under applicable law, including the competent judicial authorities. With the consent of the User required in accordance with the applicable provisions, the data may also be made available to other entities (the right to transfer data under Article 18 of the GDPR).
§13. Withdrawal from the Agreement
- The User who is a Consumer may withdraw from the contract within 14 days from the date of conclusion of the Agreement without giving a reason, by submitting a written statement, provided, however, that they did not start using the Service.
- The moment of commencement of the Service is deemed as the moment of first logging in by the User after the conclusion of the Agreement.
- The above right may be exercised by the User who is a Consumer by sending a statement on the withdrawal from the Contract of Sale to the following address: Hogs Sp. z o.o., al. Zwycięstwa 13a, 80-219 Gdańsk or to the e-mail address: firstname.lastname@example.org.
- In the event of withdrawal from the Contract concluded remotely, the Contract is considered void and any licenses granted under it are no longer valid.
- The User has the right to file a complaint related to the provision of the Service by the Provider.
- All complaints should be sent in writing to the following address: Hogs Sp. z. o.o., al. Zwycięstwa 13a, 80-219 Gdańsk or to the e-mail address: email@example.com.
- The subject of the complaint may be the accusation of defective performance of the Service by the Provider, in violation of the terms and conditions set out in the Regulations.
- Complaints are not subject to defects, defects and irregularities related to the use of the Service, resulting from:
- User errors or mistakes,
- malfunctioning of the internet browser or telecommunications links,
- activities of third parties for whose actions the Provider is not responsible.
- A complaint should contain the User’s identification (name, surname, e-mail address, telephone number) and a brief description of the reservations and comments made.
- The Provider shall consider the complaint within 14 days from the date of its submission. If the complaint can not be processed within this time, the Provider notifies the User via email about the reasons for the delay and the expected time for considering the complaint.
§15. Cookie files
- The Provider uses a mechanism of “cookie” files, which are saved by the Provider’s server on the hard disk of the User’s end device. “Cookies” are not intended to identify Users. The Provider uses the mechanism of “cookie” files for the purposes of:
- adjusting the content of the service to the preferences of users and optimizing the use of them; in particular, these files allow you to recognize the user’s device and properly display the website, tailored to their individual needs,
- creating statistics that help to understand how users of a given service use websites, which allows improving their structure and content,
- maintaining the user session of websites (after logging in), thanks to which the users do not have to re-enter their login and password on each subpage.
- Each User can disable the “cookies” mechanism in the web browser of their terminal device. The Provider indicates that disabling the option of saving “cookies” in the web browser does not prevent the use of the Website or the Internet service, it may however cause some difficulties or restrictions in the use of it, including the Services.
- The Provider collects data regarding the use of the Services, including during the Internet connections, it collects and uses information regarding Users’ IP addresses. The information collected in this way is used only for technical purposes related to the administration of the Service servers, as well as for statistical purposes. The Provider informs that in accordance with the provisions of art. 18 par. 6 of the Act of July 18, 2002 on the provision of services by electronic means (ustawa z dnia 18 lipca 2002 o świadczeniu usług drogą elektroniczną) data may be made available to state authorities for the purposes of their investigations.
- The Provider may store emails and other correspondence addressed to the User in order to be able to answer questions, respond to requests and improve the Services. The User’s e-mail address can be used to contact them regarding the Services.
- The Provider may store a copy of the e-mail regarding the sending of invoices in order to present confirmation of receipt by the User of a correcting invoice to the tax authorities at their request.
§16. Final provisions
- In matters not regulated by the Regulations, the applicable provisions of Polish law shall apply, in particular the provisions of the Civil Code, the Act of 18 July 2002 on the provision of electronic services (ustawa z dnia 18 lipca 2002 r. o świadczeniu usług drogą elektroniczną), GDPR Provisions – the European Parliament and the Council (EU) Regulation 2016/679 of 27/04/2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (general regulation on data protection), the Act of 04.04.1994 on copyright and related rights (ustawa z dnia 4.02.1994 r. o prawie autorskim i prawach pokrewnych), and also the Consumer Rights Act (ustawa o prawach konsumenta).
- Disputes between the Provider and Users regarding the provision of Services will be settled first of all in an amicable way, and if they are ineffective, they will be heard before the court competent for the Provider’s registered seat.
- By using the Website or the Internet service, you agree to the terms and conditions set out in these Regulations.
- The Provider reserves the right to amend these Regulations. The changes are effective from the moment of publishing them via the Website and informing the Users in an e-mail about the change of the Regulations.
- Regulations come into force on 21/03/2022.