These Terms and Condition for the provision of the fireXgo service (hereinafter: Terms and Condition) set out the rules for the Service provider’s provision of the service detailed therein.
The terms used and indicated in the Terms and Condition have the following meanings:
Fee - the fee for the Service provider’s provision of the readiness to provide the Service described in the Terms and Condition.
Price list - a list of Fees appended to these Terms and Condition, available at https://firexgo.com.
Service provider - fireTMS.com Sp. z o.o. with its registered office in Rybnik, ul. 3-go Maja 30, 44-200 Rybnik, entered in the register of entrepreneurs kept by the District Court in Gliwice, 10th Economic Division of the National Court Register in Gliwice under KRS number: 0000767863, NIP (tax ID): 8961583774, REGON (business ID): 382380050, with a share capital of PLN 48,100,200.00.
firetms.com - a service not covered by these Terms and Condition provided by the Service provider, access to which is necessary to be able to use fireXgo.
Freight - an offer of cargo to be transported from one place to another, presented via fireXgo by a fireXgo User, which may specify the proposed remuneration for the transport.
Client - only a natural person, a legal person or an organisational unit without legal personality, as long as it remains a business within the meaning of Article 431 of the Act of 23 April 1964 Civil Code (Polish Journal of Laws of 1964, No. 16, item 93, as amended), who uses the Services under the Contract concluded with the Service provider and these Terms and Condition, and who uses the fireTMS.com service.
Terms and Condition - these Terms and Condition for the provision of fireXgo Services.
Parties - the Service provider and the Client.
Service or fireXgo - the service provided under these Terms and Condition by electronic means by the Service provider, whereby the Client gains access to an online platform containing, in particular, Freight offers.
Contract - a contract for the provision of services by electronic means concluded between the Client and the Service provider on the basis of these Terms and Condition.
User - a natural person to whom the Client has enabled the use of the Services and granted the right of access to fireXgo and for whose acts or omissions the Client is liable as for their own acts or omissions.
All Services provided under the Contract are services provided electronically within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2013, item 1422).
The subject of fireXgo is the provision by the Service provider of access to the platform at: app.firetms.com which is intended for the Client conducting business in the field of freight forwarding, transport or logistics and serves in particular to publish Freight offers by Users, to communicate between Users in the field of posted Freight offers via chat, to view Freight offers on the platform, to view information on other Users available on the platform.
Client/User:
is solely responsible for the content of the Freight offers and other data and documents posted using fireXgo,
may not use insulting or rude expressions when using the Service,
may not post on fireXgo information which is false or misleading or likely to mislead,
may not infringe the rights of third parties by using the Service,
undertakes not to provide any unlawful content during the use of the Service,
may not post links to other websites on fireXgo,
may not post on fireXgo any offers other than Freight offers as defined in the Terms and Condition.
The Client is obliged to inform the Service provider by sending a message to contact@firexgo.com of any changes to their data, as well as of the filing of a petition for bankruptcy, the commencement of restructuring or arrangement proceedings, or the initiation of liquidation proceedings against the Client.
The Service provider has the right to inform other Clients or Users of the circumstances indicated in paragraph 4 above.
The Client/User is obliged to inform the Service provider by sending a message to zgloszenia@firexgo.com of any perceived irregularities in the behaviour of other Clients/Users while using the Service. Upon receipt of a notification, the Service provider processes the notification within 30 days of its receipt (unless this period is insufficient due to the circumstances) and notifies the notifying person of the processing of the notification (or the need to extend the deadline for processing) by sending an email to the address from which the notification was sent.
The Service provider has the right to block the Client/User’s access to fireXgo in the event that the Client or User violates the rules described in these Terms and Condition. A breach of the Terms and Condition by the User is treated as a breach of the Terms and Condition by the Client.
The Service provider is only liable for the availability of fireXgo and, to the fullest extent provided by law, is not liable for the content of the Freight offers, the performance of the Freight, the rules for the performance of the Freight or any other circumstances arising in connection with the negotiation or performance of the Freight.
Any liability of the Service provider under the Contract and the Terms and Condition is limited to the value of the Fees received from the Client for one month.
The Service provider is furthermore not liable in particular for:
failure of the Client/User to meet the technical conditions to use the Service,
opinions expressed about the Client by other Clients, unless it has been informed of the content of the infringing opinion and has failed to take the legally prescribed action as a result,
inability to use the Service due to circumstances for which the Client/User is responsible,
the content of the data posted on fireXgo by Client/Users,
lost Client/User benefits,
interruptions in the functioning of fireXgo caused by force majeure, acts of third parties or failure or unavailability of systems not owned by fireXgo,
the conclusion or otherwise of the relevant contract between Clients or Users as a result of the posting of Freight offers,
solvency of Clients/Users,
for the lack or loss of functionality of the Service if the Client/User uses non-original hardware, software or files, etc.
The following is necessary to use the Service:
the Client/User has a device which allows access to the Internet, including software for browsing its resources, accepting files such as html, xhtml, cookies and with javascript enabled,
use of the following web browsers: Chrome, Firefox, Safari; the Service provider’s preferred and recommended web browser is Chrome,
the Client/User has an individual email account and access to this account.
For optimum use of the Services, devices with a minimum dot resolution of 1280x1024 are recommended.
The Service provider uses its best endeavours to ensure that the Services operate on the latest stable versions of the commonly used web browsers (as indicated in paragraph 1(b), but the Service provider does not guarantee that all elements will be correctly displayed by all available browsers.
Only Clients who have active and paid access to the firetms.com service have the right to use the Service.
Persons who hold an administrator function at the respective Client at firetms.com have the possibility of assigning fireXgo access to the respective User.
For Clients who already have access to firetms.com, logging in to fireXgo takes place via firetms.com, where the relevant link redirecting to fireXgo will be provided. In order to use fireXgo, the Client/User will be required to accept these Terms and Conditions.
In the case of Clients who do not have access to firetms.com yet, in order to use the Service, they are required to sign up at firetms.com or firexgo.com, accept these Terms and Conditions and pay the Fee.
Failure to accept the Terms and Conditions precludes the use of fireXgo.
The Service provider reserves the right to verify the credibility of the Client and, in the event of negative verification, to refuse to provide the Service or to block access to the Service.
The Client has the right to use (once) the test period for access to fireXgo. Test access only allows you to view selected details of Freight offers, without being able to accept or negotiate/communicate. Test access is granted for a maximum period of 14 days, after which a Fee must be paid in order to continue using fireXgo (without payment of the Fee, test access will be disabled by the Service provider).
The Client is obliged to pay to the Service provider the Fees in accordance with the rules set out in the Price List.
The choice of payment option depends on the payment method selected by the Client and available on fireXgo and according to the terms and conditions specified by the provider of the respective payment method.
Payments are made in advance, for the period selected by the Client, in accordance with the rules described in the Price List.
The Client has no right to claim a refund of any payment made (unless otherwise stipulated by mandatory provisions of law or the Terms and Conditions).
If the Fee for the next period of use of fireXgo is not paid, the Client/User’s access is blocked until the Fee is paid.
Upon receipt of payment, the Service provider issues an invoice in electronic form, without the recipient’s signature, and posts it in the “Subscription and Payment” section of firetms.com or sends it to the email address indicated by the Client. Regardless of who makes the payment of the Fee, the entity that is the Client within firetms.com is indicated as the purchaser on the invoice.
The Contract is concluded for a fixed period, depending on the fee period selected by the Client and for the time for which the Fee has been paid, and if the Client uses a test period, also for the duration of such period.
The Service provider has the right to terminate the Contract at any time, with the obligation to reimburse the Client for the Fees for the period between the termination of the Contract and the expiry of the paid period of use of the Services.
If the Service provider finds that the Client or the User has violated the provisions of the Terms and Conditions, the Service provider has the right to terminate the Contract with immediate effect and, in this case, the Client undertakes to pay the Service provider a contractual penalty in the amount of the Fee paid for the remaining paid period of use of the Service (contractual penalty for failure to comply with the non-monetary obligation consisting in the Client’s obligation to comply with the provisions of the Terms and Conditions resulting in the Service provider having to terminate the Contract before the end of the period for which the Contract was concluded). In this case, the Fee paid by the Client for the remaining paid period will not be refunded and will be credited against the contractual penalty described above, to which the Client agrees, releasing the Service provider from the obligation to make a separate declaration in this respect, including a declaration of set-off.
The Service provider guarantees that it will exercise due diligence to ensure that the Client has access to fireXgo at the times and under the conditions specified in the Terms and Conditions, 24 hours a day, seven days a week, subject to the exceptions described in paragraphs 2-4, at an availability level of not less than 96% per year.
The Service provider reserves the right to carry out maintenance work resulting in a break in access to fireXgo every day between 0:00 and 01:00, but these breaks may be shorter. The occurrence of such breaks is not considered as improper performance by the Service provider.
The Service provider – in addition to the previously indicated cases – is also not liable in any way for any interruptions in the operation of fireXgo that may occur and that are due to:
periods of failure resulting from the acts or omissions of third parties for which the Service provider is not responsible (e.g. Internet/telecommunications network failure, intranet network failure, power grid failure);
periods resulting from access restrictions imposed by the operators of the networks used by the Client/User, which technically or technologically condition the use of the Service provider’s service;
use by the Client/User of non-original hardware, software or files, etc.
Apart from the case described in paragraph 2, the Service provider provides for the possibility of further technical breaks resulting in the inability to use fireXgo. However, the Service provider will notify the Client of any such break as far as possible.
For culpable and intentional breach of the provisions of paragraphs 1-4 above by the Service provider, the Client has the right to compensation limited to an amount which is the proportional equivalent of a part of the monthly Fee corresponding to the ratio of the time of non-access to fireXgo to the total time of use of fireXgo in the relevant month.
The Service provider is the owner of all property and personal copyrights in fireXgo and any infringement of these rights will be asserted in accordance with separate provisions of law.
Pursuant to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as “GDPR”), the Service provider is the Controller of the personal data of the Client, the persons representing the Client, as well as the Users.
The Service provider, as Data Controller, may process the personal data indicated by the Client/User for the purpose of providing the Service in connection with the Client/User’s use of the fireXgo platform. In view of the above, the Service provider processes the personal data of entities issuing the offer and entities declaring interest in the offer. If the Client/User agrees to receive commercial information, the Service provider will process personal data for this purpose as well.
Data is provided voluntarily and all data processing rules are set out in the Privacy Policy available at: https://firetms.com/pl/polityka-prywatnosci.
The Service provider and the Client, together with the acceptance of the Terms and Conditions, enter into a personal data processing agreement, pursuant to Article 28 of the GDPR, on the basis of which the Client entrusts the Service provider with the personal data of its employees/associates/forwarders, whose data it places on the fireXgo platform to the extent of, in particular, data such as first name, last name, telephone number, e-mail address, and also entrusts any information of a personal nature entered via the chat functionality available within the fireXgo platform.
The type of personal data that may be affected by the processing includes ordinary data within the meaning of Article 4(1) of the GDPR, and the nature of the processing may include recording, organising, arranging, storing, adapting or modifying, downloading, viewing, disclosing by transmission, dissemination or otherwise making available, matching or combining, limiting, deleting or destroying.
The Service provider undertakes to exercise due diligence in the processing of the personal data entrusted by the Client, in particular:
processes personal data only on the documented instruction of the Client,
ensures that persons authorised to process personal data commit themselves to confidentiality, unless the obligation of confidentiality arises from generally applicable provisions of law,
takes all measures required under Article 32 of the GDPR,
complies with the conditions for the use of another processor as referred to in Article 28(2) and (4) of the GDPR,
taking into account the nature of the processing, as far as possible, it assists the Client, through appropriate technical and organisational measures, in complying with its obligation to respond to the data subject’s requests for the exercise of their rights set out in Chapter III of the GDPR;
taking into account the nature of the processing and the information available to it, it assists the Client in complying with the obligations set out in Articles 32 to 36 of the GDPR;
upon termination of the processing services, at the Client’s option, the Service provider deletes or returns to the Client any personal data and deletes any existing copies thereof, unless Union or Member State law prescribes the retention of personal data,
makes available to the Client all information necessary to demonstrate compliance with the obligations set out in Article 28 of the GDPR and allows and contributes to audits, including inspections, by the Client or an auditor authorised by the Client,
informs the Client without delay if, in its opinion, the instruction given to it constitutes a breach of the GDPR or other Union or Member State data protection regulations,
in the event of a breach of personal data protection, i.e. in particular the occurrence or suspicion of a situation that may endanger the security of personal data such as: theft, unauthorised access, use or disclosure, loss, damage or destruction of the entrusted personal data or any other unauthorised or unlawful processing of the entrusted personal data, undertakes to:
– promptly upon discovery of the breach, but in any event no later than forty-eight (48) hours after discovery of the breach, report the breach to the Client and provides such assistance and further information as may be reasonably requested by the Client in connection with the breach,
– immediately upon discovery of a breach, make all reasonable efforts to investigate the breach as well as to remove the causes and effects thereof.
The Service provider is generally authorised by the Client to further entrust the processing of personal data, provided that the entities to which it further entrusts the data are obliged to comply with the principles of personal data processing, at least to the extent specified in the Terms and Conditions. The list of entities authorised by the Service provider to further process personal data is included and updated in the Privacy Policy available on the website at: https://firetms.com/pl/polityka-prywatnosci.
The costs of the audit referred to in paragraph 6(h) are borne by the Client.
The Client is responsible for compliance with the legal provisions on the processing and protection of personal data according to the GDPR.
The foregoing does not exclude the Service provider’s liability for the processing of entrusted data contrary to the Terms and Conditions.
The Service provider is liable for damages caused by the processing if it has not complied with the obligations imposed by the Terms and Conditions or if it has acted contrary to generally applicable laws.
All problems related to the use of the Service can be reported by the Client/User by sending an e-mail to: support@firexgo.com.
Complaints relating to the provision of the Service can be lodged by the Client/User by sending an e-mail to: reklamacje@firexgo.com. The e-mail covering the complaint must contain the word “complaint” in the subject line, and the Client/User must indicate the Client’s details (name, NIP and contact details of the person submitting the complaint), as well as a brief description of the objections raised.
The complaint will be considered by the Service provider within 30 days of receipt (unless special circumstances make it necessary to extend this deadline – of which the Client will be informed, together with an indication of the new deadline for considering the complaint). The Service provider will notify the reporting person of the handling of the complaint by sending an e-mail to the address from which the report was sent.
The Service provider reserves the right to amend these Terms and Conditions or the Price List or to introduce new Terms and Conditions or a new Price List.
The Service Provider will inform the Client of each amendment to the Terms and Conditions by e-mail, indicating in the body of the e-mail the parts (editorial units, elements) of the Terms and Conditions that have been amended, deleted or added.
In the event of an amendment to the Price List, the Service provider will inform the Client by e-mail by sending the revised Price List or by sending a link to the revised Price List by e-mail.
The Service provider will inform the Client in the same way as described above about the introduction of the new Terms and Conditions or the new Price List.
The new Terms and Conditions or amendment to the existing Terms and Conditions become effective after 14 (fourteen) days and are binding upon the Client, unless the Client, after being given the opportunity to review the content of the new or amended Terms and Conditions, submits a notice of termination of the Contract by the end of the aforementioned 14-day period. In the case of termination of the Contract by the Client in such a situation, the notice period is 1 (in words: one) month, and its effect falls at the end of the calendar month following the month in which the Service provider received the Client’s notice of termination – the previous version of the Terms and Conditions apply during the notice period.
In the event of a change to the Price List, the amended Price List applies to the Client from the first day of the calendar month following the month in which the Client was informed by the Service provider of the amended or new Price List and, if the Client is subject to a billing period other than one month, the amended Price List applies to the Client from the first day of the calendar month following the end of the Client’s billing period.
The Service provider undertakes to keep Confidential Information within the meaning of paragraph 2 secret, and undertakes to treat and protect it as a business secret within the meaning of the Act of 16 April 1993 on Combating Unfair Competition (consolidated text: Journal of Laws of 2003, No. 153, item 1503, as amended); the confidentiality obligation is binding indefinitely, including in the event of expiry, termination or withdrawal from the Contract.
“Confidential Information” means all information relating to the contractual relationship between the Parties and obtained during the negotiation of the terms of the contract and during the performance of the contract. In particular, it is all information entered by the Client/User into the resource covered by the IT infrastructure of the fireXgo service, i.e. information of a financial, economical, economic, legal, technical, organisational, commercial, administrative, marketing nature, including information concerning the client and other entities/organisational units with which the client has any capital or contractual relationship. The scope of “Confidential Information” also includes all personal data within the meaning of the GDPR and the Data Protection Act of 10 May 2018, and entered by the Client into the resource covered by the IT infrastructure of the fireXgo service. For the avoidance of any doubt, the Parties agree that the Freight offers themselves, as well as any data contained therein, are not Confidential Information and posting them on fireXgo does not and will not constitute a breach of the confidentiality provisions, and the contents of the Freight offers are the sole responsibility of the Client.
The Service provider may not, without the prior written consent of the Client, disclose, transfer or otherwise make available to third parties or use the Confidential Information for purposes other than the performance of the Contract.
The confidentiality obligation does not apply to Confidential Information which:
is available to the Service Provider prior to its disclosure to the Service provider by the Client/User;
is obtained with the express exclusion of its confidentiality by the Client/User;
if it results from other provisions of the Terms and Conditions,
has been obtained from a third party, an authority, an institution, an office, which is entitled to provide such information on the basis of mandatory provisions of law or on the basis of a request from authorities, as well as in the event of disclosure to these entities if such disclosure is mandatory under separately applicable provisions of law,
constitutes information in the public domain.
If necessary for the performance of the contract, the Service provider may disclose Confidential Information to its employees or to persons it uses in the performance of the contract, provided that, prior to any such disclosure, it binds such persons to confidentiality under these Terms and Conditions. The Service provider is liable for the acts or omissions of such persons as for its own acts and omissions.
The Client agrees that the Service provider may grant access to Confidential Information (current and historical) to companies with capital links to the Service provider, in particular INELO Polska Spółka z ograniczoną odpowiedzialnością with its registered office in Bielsko-Biała 43-300, ul. Karpacka 24/U2b, in order to ensure consistency of service and to provide services of the best quality. This consent is without prejudice to the rules on keeping Confidential Information secret of these Terms and Conditions.
The Client may not, without the prior consent of the Service provider expressed in writing, transfer the rights under the contract for free or paid use of the fireXgo service to a third party.
Any e-mails of any nature sent by the Service provider to the e-mail address provided by the Client are deemed to have been delivered to and effective against the Client. All postal correspondence sent to the Client's residential or business address is also deemed to have been effectively delivered when it is received, refused, or returned after it has been notified twice (whichever is the earliest).
The court with exclusive jurisdiction for all disputes that may arise out of or in connection with the performance of the Contract is the common court with jurisdiction over the Service provider’s registered office.
Contractual relations arising out of or in connection with the performance of the Contract are governed by Polish law.