TERMS AND CONDITIONS FOR PROVISION OF
update date: 25 February 2021
§1. Scope of Terms and Conditions
The Terms and
Conditions define the rules for provision of electronic services by Consilium
to Users (hereinafter jointly referred to as the Parties) within the
System made available to them.
The Terms and
Conditions shall apply to all Services provided by Consilium within the System
with the reservation that the provisions of additional agreements concluded by
and between the Parties, if any, shall prevail.
in the Terms and Conditions, the User may be any legal person, other
organisational unit with legal capacity and ability to perform legal actions,
natural person running a business or natural person after accepting the Terms
and Conditions and registering an account in the System.
The rules for privacy
protection of the Users, including the processing of their personal data, are
The terms used in the Terms and Conditions shall
have the following meaning:
- a person who
manages a team of at least two Users within a team subscription who can open,
edit and close User’s accounts within a team covered by the subscription and
who can grant and revoke appropriate rights in the System;
- a mobile
application of the System allowing to use the Services on mobile devices;
- the public database maintained by Consilium
within the System which enables the search for information regarding the
certification status of the Carriers-Users’ quality systems and the
registration numbers of loading compartments used by the Carrier-User;
- shall mean Przemysław
Tronina trading under the business name of Przemysław Tronina Consilium, with
its registered office at the following address:
ul. Smoleńskiego 1b,
51-607 Wrocław, Tax Identification Number (NIP): 8981957953, Company Number
(REGON): 020104965, e-mail firstname.lastname@example.org,
- shall mean a
sequence of characters used to identify the User while logging in;
- shall mean an e-mail
address or another unique identifier used to identify the User in the System;
- the Certag ICT system
used by Consilium to provide the electronic services described in the Terms and
Conditions, available at the web address: www.certag.eu;
- shall mean
an electronic Service provided within the System, according to Article 2 (4) of
the Act on Provision of Electronic Services dated 18 July 2002 (consolidated
text: Journal of Laws of 2020, item 344 as amended) by Consilium to the Users
according to the rules described in the Terms and Conditions, in particular it
refers to Authentication Service, Registration Service, Verification Service
and User Service;
- a Service consisting in the authentication of the
Carrier-User’s printed transport logbooks in the Database of Certified
Transport, including but not limited to:
System’s NFC tags to loading compartments registered in the Database of Certified
verification of the authenticity of the transport logbooks by means of the
Application (if the Carrier-User uses the transport logbook with an NFC tag);
- a Service consisting in registration:
Carrier-User in the Database of Certified Transport;
compartments used by the Carrier-User in the Database of Certified Transport;
- a Service consisting in the assessment of compliance of
carrier’s company data and the status of the carrier’s certified quality
systems in order to make the data available in the System’s database credible,
including in particular the verification of the current status of the
Carrier-User’s certified quality systems;
- a Service
consisting in the on-line verification of the certification status of the
quality system including in particular:
verification whether the loading compartment is used by a Carrier-User covered
by the quality system certification, of the history of loads and applied
verification of the current certification status of the Carrier-User’s quality
the verification of the authenticity of the printed transport
logbook (if the Carrier-User uses the transport logbook with an NFC tag);
- a Service which consists in registering and scheduling
transport and appointing drivers by the Carrier-User;
- shall mean
the System user whose account was created in the System as a result of registration,
by Consilium or by the Administrator;
- the User who
cooperates commercially with at least one Carrier-User and to whom Consilium
may provide the User Service through the System;
- the User
providing carriage services to whom Consilium may provide the Authentication,
Registration and Verification Services through the System.
§3. Terms and Conditions of Service
of the System is subject to individual and team subscriptions. The subscription
defines the scope of the Services provided through the System to the User. The
subscription for teams enables the purchase and management of authorisations of
at least two Users within one organisation.
of the Authentication Service, the Carrier-User - with the use of the
Application - can assign NFC tags (electronic chips) within the System to the
loading compartments used by them and registered in the Database of Certified
Transport within the scope of the Carrier-User’s certified quality system
supported by the System.
of the Authentication Service, the Carrier-User can authenticate the printed
transport logbooks where the Carrier-User records its transport history data.
In order to use this service, the Carrier-User should:
the stickers with the System NFC tags (electronic chips) to use in their own
transport logbooks, or
standardised electronic transport logbooks (equipped with the System NFC tags).
provision of the Verification Service takes place upon payment upon
registration of the Carrier-User’s account. Consilium undertakes to provide the
Verification Service without undue delay.
may also provide the Verification Service additionally at a time other than
that indicated in point 4 hereinabove if there is a change in the
Carrier-User’s company data.
order to provide the Verification Service correctly, if any ambiguity or doubts
arise during its provision, Consilium may ask the User by e-mail to provide
additional data, give explanations or send additional documents. The form in
which the response is to be sent and the time limit for responding shall be
determined by Consilium. Consilium reserves that the failure to respond within
the time limit set by Consilium or the submission of an incomplete response may
result in a negative outcome of the provided Verification Service.
the successful completion of the Verification Service, the data entered becomes
publicly available in the Database of Certified Transport.
Database of Certified Transports, the Carrier-User may register only the
loading compartments covered by the certified quality system within the
the moment referred to in point 7 hereinabove of the Terms and Conditions, the
User may use the User Service by means of the Application in relation to a
The System supports the
quality systems specified in Appendix No. 1 to the Terms and Conditions.
Any amendment to the aforementioned appendix does not constitute an amendment
to the Terms and Conditions and may be done at any time by Consilium.
The User may provide
another User with the history of transported loads or the information on
applied cleaning regimes by means of Bluetooth standard or generated one-time
§4. Service Provision
the System available to the Users in a way that enables the provision of the
provides the Services with due diligence, taking into account the professional
nature of the conducted business.
The User is
obliged to cooperate with Consilium to the extent necessary to properly provide
the Services. As part of the duty to cooperate, the User is obliged, in
particular, to inform Consilium about any problems on an on-going basis and to
submit comments and requests regarding the correct operation of the System.
entitled to subcontract the performance of works within the Services to
does not guarantee that the payment of the registration fee or any other fee
will result in a positive outcome of the verification carried out under the
§5. Registration of the User’s Account
The use of the
System and the Application requires prior registration. The first stage of the
Carrier-User’s account registration requires providing the User’s e-mail
address (Login), setting the Password and accepting the Terms and Conditions.
Then the Carrier-User receives a message with an activation link to the e-mail
address given. After clicking on the activation link, the Carrier-User enters
the System as a registered and logged-in Carrier-User.
In order to use
the System in its full scope, the Carrier-User enters the Carrier-User’s
identification data or imports it by entering the Carrier-User’s quality system
certification number supported by the System. The Carrier-User’s identification
data is then verified by Consilium. The Carrier-User is informed about the
result of the verification by a relevant e-mail.
registration of the Client-User’s account requires providing the e-mail address
(Login), setting the Password and accepting the Terms and Conditions. Then the
Client-User receives a message with an activation link to the e-mail address
given. After clicking on the activation link, the Client-User enters the System
as a registered and logged-in User.
§6. Closing of the User’s Account
The User as
well as the Administrator can close their respective accounts at any time.
Closing of the User’s account requires the confirmation via e-mail.
Under the team
subscription, the Administrator may close the User’s account at any time within
the team covered by the subscription.
Under the team
subscription, a duly authorised representative of the organisation may change
the Administrator in cooperation with Consilium.
of the User’s account referred to in points 1- 2 of this Article, the data
related to it becomes invisible to other Users and Administrators.
close the User’s account especially in case of violation by the Users:
of valid legal
regulations concerning the System;
provisions of the Terms and Conditions, especially those specified in §7 and §9
of the Terms and Conditions.
§7. Use of the System by the User
The User shall
be obliged to use the System in a manner that is consistent with the purpose of
the System, does not cause any damage to the System or disrupt its operation,
and is in compliance with the law and good manners.
The User shall
be forbidden to pass the Login and Password to any third party. In case of
unauthorised use of the User’s account, Consilium reserves the right to block
it. Consilium shall not be responsible for the consequences resulting from the
unauthorised use of the User’s Login and Password.
The User shall
be solely responsible for all the content uploaded to the System within the
not be obliged to monitor the User’s content. However, in all cases Consilium
reserves the right to remove or disable the access to any User’s content that
violates the law or the Terms and Conditions.
The User shall
be forbidden to publish - within the System - any content that:
harassing, defamatory, pornographic, threatening or obscene;
is illegal or
intended to commit or incite to commit an illegal act, including the
infringement of intellectual property rights of Consilium or third parties;
harmful content such as malware, Trojan horses or viruses, or otherwise
interferes with other Users’ access to the System;
is related to
sending unsolicited messages or spam;
commercial information or advertisements.
§8. Terms of Payment for the Services
The use of the
System by the User is for a fee. Individual subscriptions and prices are
specified in Appendix No. 2 to the Terms and Conditions entitled
. Any amendment to Appendix No. 2 does not constitute an
amendment to the Terms and Conditions.
reserves the right to make amendments to the Service Price List.
Any amendments to the
Service Price List are effective as of the date indicated in the amended
Service Price List, but not earlier than as of the date of publication of the
amended Service Price List within the User’s account in the System and on the
website at www.certag.eu.
The fee for the
Services is payable in advance for each settlement month of the use of the
System. The payment is used by Consilium as the basis for assessing the
compliance of the Carrier-User’s data with the payment data. The settlement
month ends on the day which corresponds by name or date with the initial day of
such a period and if there is no such day in the last month - on the last day
of the said month.
The first day
of the settlement period is considered to be the day of completion of the
User’s account registration within the System.
does not receive the timely and full payment for the use of the Services,
Consilium may suspend the use of the System unless the User makes the full
payment within the time limit set by Consilium in the message sent to the
User’s e-mail address provided during the registration of the account in the System.
Furthermore, if Consilium does not receive the timely and full payment for the
use of the Services, it shall cause automatic hiding of the User’s data in the
Database of Certified Transport.
of the use of the System due to lack of payment may result in the User’s loss
of the possibility to use and access their account and its content.
issue an invoice to the User within 7 (seven) days after the payment is made.
The User agrees
to receive VAT invoices issued for services provided by Consilium in an
notify the User in advance of any amendments to the amount charged for the use
of the System during each settlement period, and in case of any amendments to
the charges, Consilium shall provide the User with an opportunity to cancel the
use of the System, according to § 14 (4) of the Terms and Conditions.
Consilium may grant the
User the access to a test account. The terms and conditions of such access
shall be regulated by an agreement concluded by and between the Parties in a
documentary form. These Terms and Conditions shall be applicable in the scope
not provided for in such agreements.
§9. Intellectual Property Rights
Any and all rights to the content as well as to the software being
a component of the System or the Application shall be vested in Consilium. It
is prohibited to copy, reproduce, distribute, decompress or modify them in any
form and by any means without the prior written permission given by Consilium.
§10. Consilium’s Responsibility for
the Proper Operation of the System
be responsible for the proper operation of the System towards the User.
not guarantee continued and uninterrupted availability of the System. Consilium
commits to provide the availability of the System at the level of 97.2% per
modify the System and its available features, as well as suspend their
operation or add new features.
reserves the right to interrupt the access to the System in connection with the
need of performing periodic maintenance and upgrades.
the foregoing, Consilium has the right to discontinue the Service at any time
if such reasonable request is filed with Consilium by an authorised public
not be liable for damage resulting from the interruptions in the Internet
access or interruptions in the provision of the Services caused by the default
of the third parties.
Consilium shall not be liable for damage incurred by the User (in the form of
both loss and lost profits):
caused by the
lack of continuity of the Service for reasons attributable to the User;
threats in the Internet that are independent of Consilium or the User;
caused by the
inability to use the System or the Application resulting from poor connection
quality, User’s software misconfiguration, power network failure, or disruption
of the Internet operation;
caused by Force
Majeure or illegal actions of the third parties;
the use of the System or the Application in a manner inconsistent with its
intended purpose or in a manner inconsistent with the Terms and Conditions;
as a result of
incorrect data input by the User into the System.
Consilium shall under no circumstances be liable for any lost
profits on the part of the User.
The User and
Consilium disclaim any liability under the implied warranty for the physical
defects and legal defects of the System.
be liable only for damage caused to the User intentionally or as a result of
grossly inappropriate or negligent actions while providing the Service.
the User shall cooperate and make efforts to detect, identify and inform each
other about possible errors and failures in the operation of the System.
The User may
contact Consilium with current issues regarding the operation of the System by
sending their comments, remarks and reports on the quality of provided Services
via the contact form available on the website [...].
The User may
send their complaints regarding technical aspects of the operation of the
System as well as other issues related to the Service via the contact form
available on the website [...].
shall be submitted immediately after the occurrence of a problem they refer to.
shall contain a brief description of the problem being the grounds for the
complaint, the date and time of its occurrence, and identification of the User
(in particular the User’s e-mail address).
make reasonable efforts to deal with complaints without undue delay. Consilium
shall notify the person lodging the complaint of the result of the complaint
examination via e-mail sent to such person’s e-mail address.
§12. Returns, Refunds and Cancellation
Verification Service provided for the first time gives the negative result,
Consilium shall refund the full registration fee referred to in § 3(4) of the
Terms and Conditions to the Carrier-User. The registration fee shall be
returned immediately, but no later than within 5 business days of the day on
which the negative Verification Service was provided.
User may cancel the use of the Service at any time by submitting an appropriate
instruction in the System, effective on the first day of a new settlement
period. The User may use the System until the last day of the current
settlement period for which the payment of the fee was made.
User declares that the User does not agree to be bound by the amended Terms and
Conditions as specified in § 14 (4) of these Terms and Conditions, the
cancellation shall be effective as of the first business day after the lapse of
the 7 (seven)-day period that the User has been granted for the purpose of
making such a declaration. In such a situation, the User may use the System
until the day when the cancellation became effective (inclusive). Consilium
shall reimburse the User immediately, but no later than within 7 business days
of the day when the cancellation became effective, a part of the monthly fee
for the Services, referred to in §8(3) of the Terms and Conditions, in the
amount proportional to the number of days in the month on which the User used
§13. Additional Information about the
reserves that the use of the Services provided electronically may involve
risks, not exceeding, however, the standard risks associated with the use of
the Internet. Any possible risks associated with the use of these Services, as
well as the technical measures available to the Users to minimise such risks,
are described in the
Information on specific risks associated with the
user’s use of services provided electronically
to the Terms and Conditions.
In order to use
the System, the User shall meet the following technical requirements necessary
to use the System:
access to the
of the following Internet browsers:
Windows 8/10 –
Mac OS – e.g.
iOS 10/9 – e.g.
7/6/5/4.4 – e.g. Chrome/Samsung Internet/Android native browser,
§14. Final Provisions
applicable to these Terms and Conditions shall be the law of Poland.
Any and all
disputes shall be settled by the court of general jurisdiction over the place
of business (registered office) of Consilium.
reserves the right to make amendments to the Terms and Conditions.
Any amendments to the Terms
and Conditions are effective as of the date indicated in the amended Terms and
Conditions, but not earlier than as of the date of publication of the amended
Terms and Conditions within the User’s account in the System and on
(seven) days of the amended Terms and Conditions’ becoming effective, the User
shall have the right to make a statement that the User does not agree that the
amended Terms and Conditions are applicable to them.
In order to be effective, such a
statement shall be sent to the following e-mail address: email@example.com.
In such case, it is equal to cancellation by the User of
the use of the System.
If the User continues to use the System after the Terms and
Conditions have been amended, it shall mean that the User accepts the amended
Terms and Conditions.
shall constitute the integral part of the Terms and Conditions and are listed
No.1 - List of Quality Systems supported by the System,
Appendix No. 2 -Service Price List,
Appendix No. 3 -
Information on specific risks associated with
the user’s use of services provided electronically.
The Terms and
Conditions shall enter into force on 25 February 2021.
Appendix No.1 - List of
Quality Systems supported by the System
Appendix No. 2 - Service
clients of transport services
36 / month / user
54 / month / user
22 / month / user
36 / month / user
8 / month / user
12 / month / user
5 / month / user
8 / month / user
Appendix No. 3 - Information
on specific risks associated with the user’s use of services provided
INFORMATION ON SPECIFIC RISKS ASSOCIATED WITH THE USER’S USE OF SERVICES
The use of the
services provided electronically may involve risks. The User should take them
into account, even though the User uses the systems protecting the User’s
infrastructure against unauthorised influence of third parties. The basic
threats related to the use of the Internet are as follows:
malicious software - including various types of applications or
scripts such as viruses, worms, trojans (Trojan horses), keyloggers, dialers;
software which tracks the user’s activities and gathers
information about the user and sends it to the author of a given program;
phishing - a fraudulent attempt to obtain personal information
(e.g. passwords) by disguising as a trustworthy person or institution;
hacking, that is subverting the security of the user’s ICT system
with the use of such hacking tools as exploits and rootkits.
In order to avoid the aforementioned threats, the user should
install an anti-virus software in their computer and other electronic devices
they use when being connected to the Internet. Such software should be
regularly updated. Protection against the above threats can also be provided
updates of any
not opening of
any attachments to e-mails of unknown origin;
installation windows of applications and their licences;
macros in MS Office files of unknown origin;
scanning of the whole system with anti-virus and anti-malware software;
anti-hacking software (which detects and prevents hacking)
use of the
original system and applications from legal sources.