Terms of service

§ 1.
GENERAL PROVISIONS

  1. These regulations (hereinafter referred to as the „Regulations”) specify the principles for providing services by electronic means, pursuant to the Act of 18 July, 2002 on Providing Services by Electronic Means (Polish Journal of Laws 2019, item 123) and the terms of using Goodloading.com web application.
  2. Goodloading.com is an application dedicated to Users conducting business activity in the field of forwarding, transport and logistics, intended, in particular, for managing cargo and its transport by matching the appropriate vehicle to the size, weight, volume and other parameters of the cargo.

§ 2.
DEFINITIONS

  1. Goodloading.com – an application available at www.goodloading.com, intended for cargo management by the TSL operators.
    PRO version of Goodloading.com
  2. Application – chargeable part of the Application available at www.goodloading.com, intended for cargo management by the TSL operators.
  3. Service provider – Goodloading Sp. z o.o., with its registered office in Wysoka, ul. Chabrowa 4, entered in the register of entrepreneurs of the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under number 0000816430, NIP [Tax ID No.]: 8961591325, REGON [Business Statistical No.]: 384972056, contact details:
  4. Privacy Policy – privacy policy of Goodloading.com, available at: Goodloading.com/policy.
  5. User – any natural person, legal entity or an organizational unit without legal personality, with legal capacity granted by the law, which has registered at Goodloading.com and has an Account.
  6. Service recipient – a legal entity or an organizational unit without legal personality, with legal capacity granted by the law and a natural person, conducting a commercial or professional activity, which has registered at Goodloading.com, has an Account and access to the PRO version of the Goodloading.com Application.
  7. Trans.eu Platform – online information and service platform of the Trans.eu Group S.A., located at www.trans.eu and other related web addresses, also available via the Business messenger, as well as the Web and mobile version.
  8. Regulations – these Regulations of the Goodloading.com Application.
  9. Account – a panel for the management of the Goodloading.com functionalities, assigned to an individually identified user, who registered in the service in the manner referred to in Article 4., available every time after logging in to Goodloading.com. A single account cannot be used by more than 1 User.
  10. Subscription – a fee for the use of chargeable services of the Application by the User.
  11. Price list – a summary of prices for access to the PRO version of the Application, together with current special offers (Discount policy), published in the Application.
  12. Profile – a part of the Account containing information about the type of business activity conducted by the User as a freight forwarder, carrier or manufacturer. The User can select only one type of activity (Profile).
  13. Automatic Registration – one of the two possible ways of registering the User at Goodloading.com, based on the User’s existing accounts at:
    – www.gmail.com e-mail service;
    – www.facebook.com service;
    – www.trans.eu platform;
  14. Manual Registration – one of the two possible ways of registering the User at Goodloading.com, based on filling in the form containing an e-mail address and password, available at https://app.goodloading.com/en/register in the “Register” tab.

§ 3.
TECHNICAL REQUIREMENTS

  1. The use of Goodloading.com is possible when the given ICT system satisfies the following technical requirements:
    1. using a device which access to the Internet, including the software for browsing its resources, accepting files of html, xhtml, pdf type, cookies and having JavaScript option enabled;
    2. using one of the following Internet browsers: Chrome, Firefox or Safari, whereas Chrome is the one preferred and recommended by the Service Provider;
    3. Internet connection with a bandwidth of at least 512kbs.
  1. For an optimal use of the Service capabilities, it is recommended to apply devices with a minimum DPI resolution of 1280×1024.
  2. Subject to the paragraph below, the Service Provider shall take all measures to ensure the proper functioning of Goodloading.com and is obliged, within a reasonable time, to remove any irregularities in its operation reported by Users.
  3. It shall be forbidden to share the Account with other entities.
  4. It shall be forbidden to use Accounts owned by other entities.
  5. Every user shall have a possibility of creating one Account.

§ 4.
REGISTRATION AND LOGGING IN

  1. In order to create an Account at Goodloading.com, the User:
    1. chooses the registration method:
      – Automatic Registration;
      – Manual Registration;
    2. confirms reading the Regulations and Privacy Policy;
    3. selects one of the available Profiles;
  1. The following data is mandatory to create an Account: e-mail address and password.
  2. In the case of the Manual Registration, after performing the actions specified in point 1, the User activates the Account by clicking the activation link sent to the e-mail address provided during the registration.
  3. By registering an Account, the User declares that:
    1. data provided in the Profile is consistent with the factual and legal status. When the data provided in the Profile is changed, the User shall update it immediately;
    2. data provided by the User does not infringe the rights of third parties;
    3. he/she is entitled to conclude a contract for the provision of services by electronic means;
  1. Having registered in the manner referred to in point 1, the User can log in to Goodloading.com by:
    1. entering the e-mail address and password used during the Manual Registration;
    2. using the following accounts: www.gmail.com, www.facebook.com, www.trans.eu.
  1. In the case of logging in to Goodloading.com via www.facebook.com, www.gmail.com or www.trans.eu, the User declares the he/she consents to the processing of data contained on these portals by the Administrator, in particular: photos, company names, the User’s name and surname under the conditions specified in the regulations of the above-mentioned portals.

§ 5.
TERMS OF USE

  1. The User shall have the right to modify his/her profile and update it with some additional data, including:
    1. name and surname
    2. company name
    3. photo
    4. e-mail address
    5. specialization
  2. When using Goodloading.com, the User shall have the possibility of defining loads using the following units:
    1. centimeters and kilograms;
    2. inches and lbs.
  3. The detailed user manual of Goodloading.com is available at www.goodloading.com/en/instruction.

§ 6.
CONCLUSION OF A SERVICE CONTRACT

  1. The Service Recipient has the possibility of concluding a contract via the Application for the use of the PRO version of the Application by following the instructions from this Application.
  2. Access to the PRO version of the Application covers the period of the Subscription chosen by the Service Recipient.
  3. In the case of concluding a contract for the use of the PRO version of the Application, following the end of the period of the Subscription chosen by the Service Recipient, access to the PRO version of the Application shall be renewed for the next period corresponding to the period initially chosen by the Service Recipient. The subscription renewal fee will be charged within 7 days before the end of the current Subscription. If the Service Recipient does not wish the service to be renewed for the subsequent periods, it shall confirm the non-renewal of the Service by clicking the ‘Cancel subscription’ link in the My Subscription module of the Application. Information about the non-renewal shall be forwarded within 8 days before the end of the applicable settlement period.
  4. In the case of concluding a contract on using the PRO version within a 7-day Subscription, when this period expires, access expires and the Service Recipient may purchase one of the available options (Subscriptions to choose from: annual, quarterly, monthly).
  5. Every Service Provider shall be entitled to use the 7-day Subscription only once.
  6. In the case of the automatic renewal of the subscription, it shall be done for the last card number used for the payment for the Subscription.
  7. Renewal of the subscription shall take place pursuant to the conditions specified in the Price list as well as the conditions of the Discount program described in the appendix to the Price list, being in force at the time of renewal.
  8. For the period of the purchased access to the PRO version, the Service Recipient shall have the possibility of adding loads and cargo spaces via the Application. The Service Provider indicates that the User of the freemium version of the Application may only use the dimensions of loads and cargo spaces added by default.
  9. At the time of choosing the payment for the Subscription, i.e., clicking the “Order” button, or on the first day of the automatically renewed period mentioned in point 3 above, a contract is concluded between the Service Recipient and the Service Provider, the subject of which is access to the PRO version of the Goodloading.com Application.
  10. Following the actual purchase, the Service Provider shall send the confirmation of the purchase of access to the PRO version of the Goodloading.com Application to the Service Recipient’s e-mail address.
  11. Access to the content mentioned in Article 6, point 1 of the Regulations, shall be granted to the Service Recipient not earlier than after the Service Provider receives the subscription fee. In the case when the payment is made via the application, it shall be assumed that the Service Provider received the due amount for the Subscription at the moment of crediting the operator’s bank account which the Application is associated with.
  12. The Service Provider shall introduce additional services, i.e., functionalities of the Application), which will be paid separately. However, in this case, using these services shall require a separate order, the conditions of which, including the price, shall be provided in the Application.

§ 7.
PAYMENTS

  1. The subscription amount shall cover access to the PRO version of the Goodloading.com Application.
  2. Prices of access to the PRO Version of the Application shall be specified in:
    1. the Price list,
    2. the conditions of the Discount program specified in the appendix to the Price list.
  3. The Service Recipient shall have the possibility of choosing between different versions of the Subscription varying in terms of the fee amount, being dependent on the settlement period (Subscription variants: annual, quarterly, monthly, 7-day), and the number of Users.
  4. The Service Provider shall have the right to lower the Subscription fee, according to the Discount Program, as well as organized promotional campaigns.
  5. When the transaction is made, the Service Recipient shall receive a VAT invoice. It will be sent to the e-mail address provided within the Application. The Service Provider indicates that the VAT invoice shall also be available to the Service Recipient in the My invoices module of the Application.
  6. The Subscription amount is the net amount, payable in advance.
  7. For the purpose of payment processing, the Service Provider shall allow for using the services of the payment service provider. If the Service Recipient uses the services of online payment operators, it may be necessary to accept the regulations of providing such services by the given entity.
  8. The Service Provider shall not collect any additional fees for using the above-mentioned method of payment for the Subscription.
  9. The Service Provider shall have the right to change the price, and shall communicate this fact:
    a) by sending e-mail notifications regarding the planned change, together with a new Price list, to the Service Recipients. However, the new prices shall come into force from the first Settlement Period following 30 days from the date of sending the above-mentioned notification.
    b) by placing information in the Price List.
  10. Subject to the paragraph below. The Service Provider indicates that if the Service Recipient does not accept the changes in the Price list, on which it was informed pursuant to Article 7, point 9 of these Regulations, the Service Recipient shall have the right to terminate the contract for access to the PRO version of the Application immediately.
  11. Introducing special offers, discounts or other forms of a temporary price reduction shall not constitute a change to the Price List, where the right to terminate the contract specified in the paragraph above would be applicable.
  12. Changes specified in the paragraph above shall be communicated by the Service Provider in the manner referred to in paragraph 9 (a).
  13. The Service Provider shall have the right to terminate the contract for access to the PRO version of the Application with the Service Recipient immediately (with effect from the day on which the notice was sent and the Service Recipient could read its content), in the situation when:
    i. there occurs any reason for deleting the account, according to Article 9 of these Regulations,
    ii. no payment is made within the period indicated in the Invoice,
    iii. due to the protection of important interest and security of the Service Provider or the Users.
  14. The User acknowledges that in the cases specified in points 10-11 above, the User shall not be entitled to a refund of the remaining subscription paid to the end of the settlement period.

§ 8.
RESPONSIBILITY OF THE SERVICE PROVIDER

  1. The Service Provider guarantees due diligence to provide the User with access to Goodloading.com at the time and under the conditions of the Regulations, 24 hours a day, seven days a week, except for the cases described in points 2-4.
  2. The Service Provider shall reserve the right to conduct maintenance works resulting in interruption in access to Goodloading.com for the time necessary to perform them. Occurrence of such interruptions shall not be considered as improper provision of services by the Service Provider.
  3. Subject to consumer laws, the Service Provider shall not be held liable to the extent permissible under applicable law, in particular:
    1. any damage caused to third parties due to the use of services by the User in a manner being contrary to the Regulations or legal provisions;
    2. content and form of materials, opinions shared by Users via Services, violating the law or lawfully protected third party rights;
    3. any damage caused by third parties, which the User shared Account details with, contrary to the Regulations;
    4. inaccessibility of Goodloading.com for reasons beyond the control of the Service Provider, including force majeure or improper work of the Internet network, interruptions in access to Goodloading.com, including those preventing the use of Goodloading.com, caused by the need to remove failure, test hardware and software, or carry out maintenance,
    5. damages incurred by the User, resulting from blocking the Account or access to the part or the entire functionality of Goodloading.com towards every User whose actions are contrary to applicable law, the provisions of these Regulations, principles of morality, as well as in the situation when these actions pose a threat to the interests of the Service Provider or other Users;
    6. the consequences of obtaining access to the User’s Account by unauthorized persons, regardless of the manner in which it happened (e.g., disclosure of the password to a third party by the User, password being hacked by a third party);
  1. The Service Provider shall bear responsibility only within the scope of services provided by electronic means and according to the regulations on providing services by electronic means.
  2. The Service Provider shall be liable for damages caused to the User only due to wilful misconduct.

§ 9.
DELETION OF ACCOUNT

  1. In the event of violation of the provisions of these Regulations, as well as providing invalid or outdated information, the Service Provider shall have the right to:
    1. request the User to remove irregularities within the indicated time limit;
    2. delete the Account.
  2. In the case of withdrawing consent for any conditions of these Regulations, the Service Provider shall delete the User’s Account.
  3. In the event of the Account deletion, the Service Provider shall cease to process any data contained in the Account, including: saved sessions and payment history.

§ 10.
PERSONAL DATA

  1. The Administrator of Users’ personal data is Goodloading Sp. z o.o., with its registered office in Wysoka, ul. Chabrowa 4, entered in the register of entrepreneurs of the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under number 0000816430, NIP [Tax ID No.]: 8961591325, REGON [Business Statistical No.]: 384972056, contact: info@goodloading.com.
  2. Personal data shall be processed in order to:
    1. prepare, conclude and then perform the contract related to managing the Portal, providing Services, including the Account support, in accordance with Article 6(1)(b) of the GDPR;
    2. arrange direct marketing (including the scope in which the User granted consent for receiving commercial information – including forwarding this type of information) – as the legitimate interest of the Administrator or a third party – Article 6(1)(f) of the GDPR;
    3. conducting business and commercial activity, as well as sharing data with companies of the Administrator’s capital group, in order to report and run management processes – as the legitimate interest of the Administrator or a third party – Article 6(1)(f) of the GDPR;
    4. based on the given consent, within which additional personal data was provided to enable using the Premium Service – Article 6(1)(a) of the GDPR.
  3. The recipients of personal data may include affiliates of the Trans.eu group, entities providing IT services, payment services, auditing entities.
  4. The administrator shall store personal data for the time necessary to execute contracts with the Customer or until filing an objection to processing of the data based on the legitimate interest.
  5. At the same time, the Administrator shall store personal data for the statutory period for storing data, or documents including such data, in order to document the fulfillment of legal requirements, including consent for the inspection of their fulfillment by public authorities.
  6. The data subject shall have the right to request the Administrator to grant access to his/her personal data, its rectification, deletion or limitation of processing, as well as the right to object to its processing, including the right to transfer the data.
  7. In the scope of which processing may take place based on the consent, the person has the right to revoke consent at any time without affecting conformity with the law of the processing carried out based on the consent prior to the withdrawal.
  8. The data is provided voluntarily. Failure to provide the personal data shall result in the inability to use the Portal and manage the Account.
  9. Every person has the right to file a complaint against the processing of personal data to the President of the Office for Personal Data Protection.
  10. The detailed information on the processing of personal data is specified by the Privacy policy, available at https://www.goodloading.com/en/privacy-policy.

§ 11.
COPYRIGHTS

  1. The Service Provider shall be entitled to all the intellectual property rights to Goodloading.com. Using Goodloading.com according to the Regulations shall not result in acquiring any intellectual property rights to Goodloading.com by the User. It is forbidden to violate any intellectual property rights to Goodloading.com in any manner, in particular:
    1. copying, modifying and transmitting electronically or otherwise, Goodloading.com or parts thereof, as well as individual works and databases, without written consent of the Service Provider,
    2. use of Goodloading.com in the way breaching the Regulations or generally applicable law,
    3. destroying, damaging, deleting or altering of IT, text and graphic data of Goodloading.com or other interference with the operation of the service.
  1. The Service Provider guarantees that it is entitled to exclusive economic copyrights to all the works within the subject matter of the Goodloading.com application (hereinafter referred to as the “Application”), the right to authorize the exercise of derivative copyrights in relation to this Application and the exclusive right to dispose of the Application.
  2. Any violation of the copyrights of the Service Provider by the User shall give rise to criminal or civil liability, pursuant to the provisions of the Act of 4 February, 1994 on Copyright and Related Rights (Polish Journal of Laws 2006, no. 90, item 631 with further amendments) and may constitute grounds for termination of the Contract by the Service Provider with immediate effect.
  3. By using the Application, the User shall not acquire any rights or obtain a license for the Application.

§ 12.
COMPLAINTS

  1. The Users may file complaints via e-mail at or by filling in the contact form available in the “contact” tab, at goodloading.com.
  2. A complaint shall contain:
    1. User’s full name or company name;
    2. address of residence or registered office;
    3. description of circumstances justifying the complaint.
  1. In the case when the filed complaint does not follow the conditions mentioned in point 2, the Service Provider shall notify the User immediately of the need to supplement it, specifying a deadline of not less than 7 business days and the scope of this supplementation, with the information that failure to supplement the complaint within the specified period shall leave the complaint without consideration. Upon the ineffective lapse of the set time limit, the complaint shall be left without consideration.
  2. Complaints shall be processed within 14 working days and feedback shall be sent to the e-mail address of the person placing the complaint. The Service Provider reserves the right to extend the 14-day period to respond in a situation when providing an answer is dependent on collecting additional technical or legal analyzes, or translations, which the User shall be immediately informed about.
  3. The User shall take full responsibility for the content included in the complaint.
  4. The Service Provider may respond to the complaint:
    1. in writing, by sending a reply to the User’s address;
    2. by electronic means, to an e-mail address specified by the User;
    3. by phone.

§ 13.
FINAL PROVISIONS

  1. Any disputes arising in connection with the use of Goodloading.com shall be resolved by the court competent for the registered office of the Service Provider.
  2. The Regulations and services provided within Goodloading.com shall be subject exclusively to the Polish law.
  3. The Service Provider reserves the right to amend these Regulations at any time, without any justification, while providing the Users with information on this amendment in the manner adopted for the announcement of the Regulations.
  4. These Regulations shall come into effect on: 25.02.2020.