CUSTOMER

1. DEFINITIONS
   • Any definitions and expressions given below apply to these Terms and Conditions and to all activities relating to the use of Packhelp’s services.
     • Price List – information sent individually by email to the Customer specifying the amount and terms of payment for the Customer’s use of Services for the duration of the provided Services;
     • Working Days – days of the week from Monday through Friday (except for public holidays under the laws of the Republic of Poland);
     • Written Form – includes also electronic mail clearly specifying the names and surnames or business names of the sender and recipient, unless otherwise provided in these Terms and Conditions;
     • Customer – entity concluding a Contract with Packhelp;
     • Consumer – any natural person performing a legal act with the seller which is not directly
     • related to the natural person’s business or professional activity, i.e. in the understanding of Art 22(1) of the Act of 23 April 1964 – Civil Code;
     • Account – User’s personalised administrative panel, accessible upon successful registration and login to the Platform – upon entering the previously specified login and password, where the User’s data are recorded;
     • Subscription Period – settlement period calculated as a duration from the day of concluding the Contract to the corresponding date in the following month (for example: in case of a Contract concluded on 12 May, subscription periods will be calculated as time spans between the 12th day of the month to the 12th day of the following month);
     • Fees – fees paid by the Customer for the concluded Contract;
     • Platform or Packhelp PRO Platform – platform provided by Packhelp through the Website enabling Users, among others, to manage product specifications; to collaborate in respect of product specifications; enabling communication between logged in Users, order management, records management;
     • Privacy Policy – instrument governing safe privacy protection and processing of the User’s personal data. The Privacy Policy forms an integral part and annex to these Terms and Conditions, available at the address https://packhelp.co.uk/privacy_policy/ ;
     • Technical Break – an interruption in the accessibility of the Platform relating to a need for maintenance or modernisation works, precluding or reducing the use of the Platform;
     • Terms and Conditions – shall mean these Terms and Conditions together with the Privacy Policy;
     • Parties – the Customer and Packhelp;
     • Contract – contract for the provision of services by electronic means, concluded between Packhelp and the Customer by accepting the Terms and Conditions, under which Packhelp undertakes to provide Services; for the avoidance of doubt, these Terms and Conditions, the Privacy Policy and the Order form an integral part of the Contract;
     • Service or Services – all services provided by Packhelp to the Customer according to these Terms and Conditions including the Basic Service and Additional Service;
     • Basic Service - service consisting in the provision for use of the Packhelp PRO Platform to the Customer as User or to other Users invited by the Customer for cooperation in connection with performing the Contract concluded by the Customer;
     • Service Provider or Packhelp – shall mean Packhelp spółka akcyjna, incorporated in the Republic of Poland, seated in Warsaw, ul. Kolejowa 5/7, 01-217 Warsaw, Republic of Poland, entered in the Register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XIV Commercial Division of the National Court Register under the number KRS 0000587640, holder of tax identification number (NIP) 123-130-81-29;
     • Additional Service – service provided by Packhelp including the Advisory Service and/or the Intermediary Service based on the Order;
     • Advisory Service - the Additional service consisting in the provision of services by Packhelp to the Customer in the scope indicated in the Order, the subject of which may be, in particular, consultancy in the implementation of processes related to the placing order and the implementation of sales contracts, which transactions will be concluded via the platform on the terms and to the extent indicated in the Order;
     • Intermediary Service - the Additional service consisting in the provision of services by Packhelp to the Customer in the scope indicated in the Order, the subject of which may be, in particular, intermediation in the sales transactions on the terms and to the extent indicated in the Order;
     • Fault – technical error of the Platform preventing full use of the Platform’s functionality;
     • User – subject with full capacity to make legal acts using the Platform in connection with a Contract concluded with Packhelp directly by the User as Customer or in relation to an Account created for a third party in connection with the Customer’s performance of the Contract;
     • Website – website through which Packhelp makes available for use the Packhelp PRO Platform;
     • Order – document confirming the Customer’s submission of an order for Additional Services, indicating the scope of Additional Services and the manner and rules of remuneration for using Additional Services, the Order, if accepted by the Parties, constitutes an integral part of the Terms and Conditions, while the acceptance of the Order for its effectiveness requires acceptance via e-mail;
     • Report – report sent by a User’s email indicating that the Platform’s Fault has occurred.

2. GENERAL TERMS AND CONDITIONS OF USING THE PACKHELP PRO PLATFORM
   • These Terms and Conditions specify the terms and conditions of using the Packhelp PRO Platform provided by Packhelp through the Website.
   • Packhelp shall provide these Terms and Conditions to the Customer free of charge prior to the Contract’s conclusion and – at the Customer’s request – in a manner enabling access, reproduction and storage of these Terms and Conditions in the ICT system used by the Customer.
   • These terms and conditions shall apply only to the services provided by Packhelp.
   • Any deviations from these Terms and Conditions shall be binding on the Customer and Packhelp only if they have been agreed in the Written Form between authorized agents of Packhelp and the Customer.
   • The Packhelp Platform is intended only for persons over 18. The Platform’s use shall be a confirmation that you are a person of age.
   • By using the Platform, you confirm to have read and accepted these Terms and Conditions.
   • Packelp shall freely decide about the functionality of the Platform and the scope of Services, having regard to the need for the Platform’s development and adjustment of the Platform and Services to market requirements. Packhelp shall also reserve the right to transfer any rights to the Platform to a third party without prejudice to Users’ rights.
   • Packhelp provides support to Users, including by answering Users’ requests and inquiries on Working Days from 8.00 AM to 4.00 PM.
   • It shall be prohibited to use the Website and the Platform in any way contrary to these Terms and Conditions, applicable laws, good morals or principles of social coexistence. The User shall be prohibited from submitting illegal contents. In particular, it shall be prohibited to place on the Platform any materials that could violate rights or personal interests of any third parties or materials that could be used for purposes contrary to the law. It shall also be prohibited to interfere with the integrity of the contents and form of the Platform, as well as: to use the Platform for storing or sending malicious code; to spam, to interfere with or disturb the integrity or operation of the Service or third parties’ or other users’ data included in the Service, to attempt to gain unauthorised access to the Service or related systems or networks, to copy the Service or any part thereof, to gain access to the Service with a view to developing competitive products or services.
   • Packhelp shall not place on the Platform any commercial information or offers made in electronic form, as specified in the Polish Civil Code. In particular, provisions on making offers in electronic form shall not apply.
3. TECHNICAL TERMS OF USING THE PLATFORM
   • In order to use the Website and the Platform, the User must meet the following technical requirements:
     • the User must have a device with Internet access and capable of displaying the Website’s and the Platform’s interface,
     • the User must have an updated browser in its latest version, provided by the following suppliers: Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, Apple Safari,
     • the User must have cookies enabled and appropriate browser add-ons installed, allowing to use Java, JavaScript, Adobe Flash,
     • the User must have the software blocking the operation of the above programs disabled,
     • the User must have an active email account.
   • Non-compliance with the technical requirements specified in item 3.1. above will not necessarily preclude the use of the Website and of the Platform, provided however that as a User you run the risk of irregular operation of the Platform’s specific functionalities or of the inability to use the Platform’s specific functionalities.

4. ACCESS TO THE PLATFORM
   • The Platform is used through a dedicated Account, upon the verification of data and the Account's activation.
   • In order to create an Account and gain the status of a registered User, one should first complete the registration procedure. A person interested in taking advantage of the Service shall be obliged to contact Packhelp using the contact form with a view to verifying the data and being sent an Account activation Price List. Upon completion of the above activities and acceptance of the Price List by email, Packhelp shall send the activation link to the Customer. Upon the Customer’s confirmation of registration by the activation link sent to the email address, a Contract shall be concluded between the Customer and Packhelp. The Customer is entitled to use the Additional Services provided by Packhelp. Additional services will be provided to the Customer based on the Order, to the extent and on the terms specified in the Order. The Customer is entitled to start using the Additional Services both before activating and at any time using Packhelp’s Services.
   • By registering an Account, you confirm to be a natural person over 18, capable of entering into legally binding contracts according to the applicable legislation, including to have been also authorized to represent the Customer Moreover, the Customer warrants that the information the Customer gives for the purposes of the Account is true. It shall be prohibited to provide untrue contact information or to omit contact details during the registration, such as the name and surname, address and/or telephone number. When using the Website, Customers must follow all applicable international, federal, state and local legislation. Completion of registration shall be tantamount to accepting these Terms and Conditions.
   • During the registration procedure, the Customer submits a password through which the Customer gains subsequent access to the Account. The Customer shall be obliged to protect the password and shall not share it with third parties. Account shall not be transferable. The Customer shall be obliged to keep the Customer’s personal data submitted in the Account up to date, as necessary for the Contract's performance, and to cooperate with other Users. Packhelp shall not be liable in any way whatsoever, either to other Platform Users or third parties, if a User submits untrue or no longer current data.
   • The Customer shall be entitled to invite other persons for cooperation, including its employees, collaborators, contractors or other parties by creating any number of User Accounts. To exercise the right referred to in the previous sentence, the customer shall be entitled to send, from the Customer’s Account, invitations to the Platform to the chosen parties (“Invited Person”), as a result of which an account is created. Upon activation by a given User, such account is considered a User Account. Once the Account is activated by the Invited Person, such person becomes a User of the Platform.
   • Packhelp shall ensure to the User, subject to these Terms and Conditions, an uninterrupted and safe access to the Portal.
   • The User must not share the User’s access data with third parties, to the exclusion of the User’s employees and collaborators authorized to use the Account, and in case of such sharing the User shall be exclusively responsible for its consequences. The User shall be exclusively and fully responsible for any unauthorized access to the Services and for keeping secret the User’s logins and passwords (“Identifiers”), as well as for any fees, damages, liabilities or losses suffered in consequence of non-complying with these Terms and Conditions. Packhelp shall not be liable for any damage caused by theft of Identifiers, disclosure of identifiers or authorization to permit another person’s access to the Services and its use with the aid of the Identifiers. The User shall take commercially reasonable efforts to prevent unauthorized access to the Services or its use. Moreover, the User shall be exclusively and fully liable for any activities taking place in the User’s Account and for Users for whom Accounts have been created as a part of performing the Contract concluded with the Customer. The Customer shall immediately notify Packhelp of any unauthorized use of the Account or any other safety breach known to the Customer. The Customer may be held liable for any losses suffered by Packhelp or any other User of the Platform caused by an unauthorized person’s use of Identifiers as a result of non-maintaining security or Identifier confidentiality by the Customer or User for whom the Account has been created as a part of performing the Contract concluded with the Customer.

5. UPDATES OF THE PLATFORM AND ADDITIONAL SERVICES
   • We shall make every effort so that the Platform can operate 24 hours a day / 7 days a week, except for: (I) planned Technical Breaks (in respect of which we shall make every effort to communicate the fact in good time); or (ii) inaccessibility caused by circumstances beyond our control, including but not limited to force majeure, fire, earthquake, flood, water, elements, industrial disputes or shortages, reduction of facilities, power cuts, explosions, social unrest, government activities, epidemics, shortages of equipment or supplies, unavailability of transport, third party acts or omissions, or any other reasons beyond our reasonable control. In situations referred to above, we shall not be obliged to return any of the previously paid amounts.
   • If, in the term of the Contract, Packhelp independently improves or updates the Platform, the new version of the Platform will be shortly implemented and provided for use. The time of implementing the improvement or update of the Platform will be adequate to the level of advancement and complexity of the introduced technical modifications and may require a Technical Break.
   • Having a Technical Break as a result of the need to implement the Platform’s update shall not amount to improper performance of the Service by Packhelp.
   • Packhelp is ready to accept and execute orders for Additional Services submitted by the Customer. An Additional Service may be Advisory Services or an Intermediary Service.
   • If the Customer declares the will to use Additional Services, Packhelp will immediately, but no later than within 7 (seven) Business days from the date of the Customer's request to order Additional Services, provide the Customer with: (a) the exact specification of the Additional Service, (b) the manner and deadlines for carrying out work related to its implementation; (c) the estimated maximum number of man-hours required to provide such Additional Service, (d) the quote for the Additional Services. Packhelp is entitled to inform the Customer about the inability to perform Additional Services, and the failure to perform Additional Services does not constitute non-performance or improper performance of the Agreement.
   • The basis for the provision of Additional Services is the Order accepted by both Parties to the Agreement.
   • Concerning Additional Services, the provisions of the Regulations shall apply accordingly.

6. SERVICE SUPPORT, REPORTING VIOLATIONS AND COMPLAINTS
   • Packhelp shall maintain the Platform in a condition permitting its proper operation, in particular:
     • Packhelp shall remove Faults of the Platform and of the Website,
     • Packhelp shall ensure continuous access to the Platform’s updates.
     • Packhelp shall provide technical support concerning the Platform’s use.
   • The User shall have the right to make inquiries, comments and complaints in relation to the Platform’s operation.
   • Faults of the Platform shall be removed by Packhelp independently or based on a Report. A Report should contain the following information: contact details of the reporting person; description of the event; information about the part of the Platform where the Fault has allegedly taken place; circumstances of the Fault's occurrence; other information Packhelp or the User may find necessary to remove the Fault or which prevent Packhelp from removing the Fault, however, the absence of any of the above information shall not render the Report ineffective.
   • Receipt of a Report shall always be confirmed by an email sent to the User’s email address specified in the Report.
   • In order to carry out maintenance or modernisation works, Packhelp reserves the right to make Technical Breaks in the access to the Platform. Packhelp undertakes to notify the User of any planned Technical Break. Technical Breaks shall not amount to improper Services performance or Fault of the Platform.
   • Packhelp shall not be liable for the Platform's inaccessibility to the User if the inaccessibility has been caused by: acts of the User or third parties consisting in the introduction of changes or modifications to the Platform, or the User’s use of the Platform in a manner contrary to these Terms and Conditions.
   • A User who notices any data of unlawful nature in the system of the Platform, in particular violating intellectual property rights, should immediately notify that fact to the Packhelp’s email address: [email protected].
   • Any complaints relating to the Contract’s performance or questions must be sent by electronic mail to the email address [email protected] or to the address of Packhelp’s seat. The complaint should include at least: details allowing the User’s identification and contact with the User: the User’s name or email address, specification of the complaint’s subject matter and the circumstances being the object of the complaint, including the date of their occurrence; the User’s expectations vis-a-vis Packhelp, in particular indication of the actions sought from Packhelp.
   • Packhelp shall process the complaint within 30 Working Days of its receipt and shall promptly notify the User by email about the complaint’s outcome. When the details or information provided in the complaint require supplementation, Packhelp shall request the complainant to supplement the complaint prior to its processing. The period of processing the complaint shall be prolonged by the time of the User providing additional explanations.
   • Complaints following from non-compliance with these Terms and Conditions shall not be allowed by Packhelp.
7. FEES
   • In connection with the conclusion of the Contract and enabling the Customer to use the Service, the Customer shall be obliged to pay Fees for specific Subscription Periods. The Order may differently lay down the rules of payment for the provision of Additional Services.
   • The amount and terms of the Fees paid by the User in consideration of using the Service shall be specified in the Price List.
   • Packhelp may grant to the Customer access to the Services on preferential price terms.
   • Fees shall be payable by the customer against a VAT invoice issued by Packhelp.
   • The Customer shall be obliged to make payments under an issued VAT invoice to a bank account indicated in the invoice within no longer than 7 days of the receipt of the invoice.
   • The fee shall always be increased by the value added tax (VAT) due according to the rate applicable on the invoicing date.
   • The Parties agree that the payment date shall be the date of crediting Packhelp’s bank account.
   • The Customer consents to the issue by Packhelp of electronic invoices and to their delivery by email to the address indicated in the User Account.
   • Without prejudice to any remedies available to Packhelp, in case of the User’s omission to pay any of the Fees due under this Contract for whatever reason, Packhelp may suspend the access to the Services, including Additional Services, or terminate the Contract with immediate effect.

8. LICENSE AND COPYRIGHTS
   • Packhelp represents to hold unlimited author’s economic rights to the Platform.
   • Packhelp shall grant to the Customer and Users for whom Accounts have been created in connection with the Contract concluded with the Customer a paid, unlimited territorially non-exclusive license for the term of the Contract to use the Platform according to the terms and restrictions specified in these Terms and Conditions without the right to grant further licenses, in the following fields of exploitation: display using a computer, a mobile device (including mobile phones) or other electronic devices.
   • Packhelp reserves all rights to the Platform which are not expressly granted to Users under the Contract. In particular, the license does not allow the User to: (a) reproduce, disseminate, loan, alienate or redistribute the Platform in any other way whatsoever, directly or indirectly, (b) modify, perform reverse engineering or otherwise interfere with the Platform’s software, (c) use or develop the intellectual property held by Packhelp, (d) use the intellectual property held by Packhelp for any unlawful purpose or to Packhelp’s detriment. Each act bearing the features specified above shall be treated as violation of the terms of the Contract.
   • The Service includes contents and technologies developed by Packhelp or Packhelp’s licensors which are protected by copyrights, trademarks, trade secrets or other rights. In the relation between the Parties, Packhelp is the holder or licensee of intellectual property or other property rights to the Service, including but not limited to the design, graphics, logo, functionalities and the related documentation (hereinafter referred to as “Property”). It shall be prohibited to: copy, modify or reproduce the source code of any part of the Platform or any Property, to rent, sell, lease, disseminate, provide or otherwise use the Service to the benefit of any third party.
   • This Contract shall not transfer to the User any Property or any intellectual property of a third party, and all rights, titles and shares in such property shall remain exclusively with Packhelp or their respective holders. All such rights shall be reserved.
   • Names, logos or trademarks of external companies and of other users’ products may be trademarks of their respective holders.

9. THE USER’S CONTENTS
   • Any information stored in the User Account, especially documents, texts, pictures, software, graphics, audio files, films, news, links or other materials sent to or generated in the Platform by the Customer or other Users (hereinafter collectively referred to as “User’s Contents”) shall belong respectively to the Customer or another User who placed such User’s Contents. You can use any User’s Contents you have published in any other way whatsoever.
   • To be able to render the Service, Packhelp needs the right to specific uses of the publicly published User’s Contents. In connection with the Platform’s use, as the User entitled to place on the Platform any User's Contents, you grant to Packhelp a gratuitous, territorially unlimited license without time limit, including the right to grant sub-license, to User’s Contents for the purposes of performing our obligations under this Contract, as necessary to render the Service, in the following fields of exploitation: (a) reproducing by recording User’s Contents on any data carriers; (b) entering into computer memory, to databases, multimedia networks or any other computer networks (in particular, the Internet); (c) through employees or persons authorised by Packhelp – performing, exhibiting, displaying, developing, reproducing, broadcasting or re-broadcasting, as well as sharing publicly in such a way that any person can access the User’s Contents at a place and time of their choosing. In connection with the above, you consent that Packhelp may use and share such User’s Contents to the extent necessary to perform the Contract.
   • In particular, the User consents to the use by Packhelp or entities collaborating with Packhelp of the User’s Contents for the purpose of carrying out analyses and statistics relating to the use of the Service, including for the adjustment of Services to the User's profile.
   • The User shall be fully liable for the User’s Contents, including their quality and legality, and for any damages arising out of such User's Contents. By sharing User’s Contents through the Platform or via e-mail addressed to Packhelp, the User warrants and represents that:
     • the User holds all rights, entitlements and authorizations necessary to grant to Packhelp appropriate rights to any such User’s Contents and fully complies with all third party licenses relating to the User’s Contents;
     • downloading, copying or using the User’s Contents does not violate any property rights, including but not limited to copyrights, patents, trademarks or third party rights to trade secrecy.
     • as User, you are responsible for any claims arising out of the fact that you may violate any copyrights to User’s Contents;
     • User’s Contents do not contain or install any viruses, bugs, malicious software, Trojans or any other harmful or destructive contents;
     • User’s Contents are not spam, are not machine- or randomly generated, and do not comprise unethical or undesired commercial contents designed so as to direct traffic to third party websites or to improve position in third party search engines, and do not involve any further activities contrary to the law (e.g., phishing) or misleading recipients as to the source of the material (impersonation);
     • User Contents are not pornographic, do not comprise threats or incitement to violence, and do not violate any third party rights to privacy or image;
     • User Contents are not advertised by undesired electronic messages, such as spam links in discussion groups, mailing lists, other blogs or websites, or other similar unsolicited promotion methods;
     • User Contents are not presented in a way misleading readers so that they think that you are another person or customer.
   • Without prejudice to any of the above warranties or representations, Packhelp reserves the right to remove any contents, including User’s Contents, from the Platform or to terminate or refuse access to the Platform and its use to Users when placement of User’s Contents or the User’s activities violate these Terms and Conditions, good morals or the provisions of generally applicable law. In a situation referred to in the previous sentence, Packhelp shall be entitled to retain any Fees already paid by the User.
   • In case of a third party claim concerning the User’s Contents, Packhelp shall promptly notify the Customer about such claims. In the above situation, the Customer undertakes to promptly contact the third party and take necessary measures to settle the dispute and satisfy the third party claims. If Packhelp satisfies the third party claims or redresses the damage caused to such third party, Packhelp shall assert an appropriate recourse claim against the Customer.
   • The Customer consents to Packhelp’s use of the Customer's name and logo for the Customer's identification as Packhelp’s Customer on Packhelp’s website or in other sales or marketing materials. The above consent may be withdrawn at any time by sending a respective request by email to the address: [email protected].
   • Packhelp respects the intellectual property of other parties. If you think that the material on Packhelp’s website or to which the website links violates copyrights or that your intellectual property rights have been otherwise violated, notify that fact to Packhelp. We will answer all such notifications, including, if needed or appropriate, by removing the material violating the law or by deactivating all links to the material violating the law. We will deactivate or disable the User’s access to the Service and its use if, in relevant circumstances, it turns out that the User repeatedly violates the rights of other parties. In case of such deactivation or termination of the Contract, we shall not be obliged to return any of the previously paid amounts.
   • We have not viewed and are not able to view all materials published by Users on the Platform and, as a result, we cannot be responsible for the content, use or consequences of such materials. By operating the Platform, we do not represent or suggest that we support the materials published thereon, and we do not claim that such materials are exact, useful or harmless. The User shall be responsible for taking necessary precautions to protect themselves and the User’s computer systems against viruses, bugs, Trojans or other harmful or destructive contents. We waive any liability for any damages arising out of the use of the Platform by Users or any downloading by such Users of the contents published on the Platform.

10. PROTECTION OF CUSTOMER DATA
    • Packhelp shall not use the objects of copyrights or industrial property rights held by the User to develop new products or services.
    • Packhelp undertakes to enable the User to copy materials from the Platform, only if the User’s legitimacy to copy the materials is confirmed, within 60 (sixty) days of the date of confirming the legitimacy of the request by the User.

11. LIABILITY
    • Packhelp shall not be liable for:
      • submission by the User of factually inaccurate, incomplete or outdated data, or omission to update such data (including the data submitted during the User’s registration),
      • any damages caused by the User’s violation of third party rights in connection with the Platform’s use,
      • damages caused by the User's password or login being compromised by third parties,
      • damages caused in consequence of disruptions in the Platform’s operation or the Platform’s inaccessibility caused by reasons independent of Packhelp or resulting from events that could not have been prevented by Packhelp or in connection with maintenance works on the Platform,
      • damages caused by the User’s non-observance of these Terms and Conditions or the Privacy Policy.
      • damages relating to User’s Contents being used by the Platform’s Users,
      • Users’ acts or omissions relating to negotiations or conclusion of any civil law contracts, or to contracting any obligations through the Platform.
    • Packhelp shall not be liable for Users’ acts relating to the use of the Platform, in particular, the way in which the Platform is used, use of User’s Contents by other Users. In particular, Packhelp shall not be liable for violations of any intellectual or industrial property rights by Users.
    • In case of a User’s intellectual or industrial property rights being violated, Packhelp will cooperate with the User whose rights have been infringed by another User to clarify the matter. In particular, Packhelp will be entitled to provide information relating to the infringing User’s activities.
    • To the widest extent permitted by the applicable law, in no circumstances will the company Packhelp, its subsidiaries, affiliates, leadership, employees, agents, partners, suppliers or licensors be liable vis-a-vis the User in case of any claims (regardless of whether asserted under a contract, warranty, negligence, strict liability or any other tort, in consequence of violating any statutory obligation, non-complying with any limited legal remedy with a view to achieving its basic purpose or otherwise) for: (i) any special, consequential, incidental or exemplary damages, resulting from the use of the Services, including Basic Services and Additional Services, including but not limited to lost profits and losses incurred, even if the party had been notified about the possibility of such damages, or (ii) any amounts in excess of the (total) fees paid (or owed) by you under the Contract within six (6) months directly preceding any complaint or (iii) for an interruption in the use of the Platform or loss or corruption of data.
    • Packhelp shall not be liable in any way whatsoever for any breakdown or delay caused by matters beyond our reasonable control.
    • During the period of force majeure, which shall mean an event that could not have been foreseen despite exercising care required in professional trade relationships, which is external both to the User and Packhelp and which could not have been prevented by either party despite exercising due care, performance of any works and Packhelp’s obligations, within the scope covered by force majeure, shall be suspended. Packhelp shall not be liable for non-performance of its contractual obligations during the period of force majeure.

12. PROCESSING OF PERSONAL DATA
    • The Service Provider shall process Customers’ personal data on the terms specified in the Privacy Policy.
    • The Customer, in connection with the concluded Contract, entrusts to Packhelp for processing the personal data placed on the Platform, especially the data of its employees, collaborators, customers, partners. The entrusting covers the following categories of personal data: name, surname , email address, telephone number, address of residence, image, tax identification number (NIP), Personal Identification (PESEL) number, date of birth, and other data necessary to perform the contract. The scope of processing shall cover only such data that are necessary for Packhelp to properly cooperate within the framework of the Contract and have been provided to Packhelp by the Customer.
    • The Customer represents to have an appropriate legal basis to process the personal data placed on the Platform directly by the Customer or Users being the Customer’s employees or collaborators.
    • The data will be processed by Packhelp for the period of Packhelp’s performance of the Contract.
    • If the data subject directly requests Packhelp to change or erase the data subject’s personal data, Packhelp will immediately pass the request to the Customer.
    • The Customer consents to further entrusting of the Customer’s personal data to other entities for the purpose of performing the Contract, in particular to entities supporting Packhelp in its current operations. Specifically, these may be: (a) providers of accounting, financial, legal or consultancy services, (b) the Website’s domain host, (d) provider of the Website’s technical support, (e) payment processing company, (f) provider of the software used in performance of the operations specified in the Terms and Conditions, including entities providing the Company with technical, IT and organisational solutions, (h) other entities if the use of their services is necessary for proper operation of the Website and the Portal and for the provision of services by Packhelp.

13. PERIOD OF USING THE SERVICES
    • The Contract shall be concluded for an indefinite term
    • The Customer shall be entitled, through the User’s Account or by an email sent to Packhelp’s address [email protected] to terminate the Contract by giving one month’s notice .For the avoidance of doubt, the termination of the Contract applies to both Basic Services and Additional Services. At the end of the notice period, the User’s Accounts created within the framework of the Contract shall be deactivated.
    • The user shall be entitled to pay the Fee for using the Service in advance for 12 consecutive Subscription Periods by choosing an appropriate payment option in the User’s Account. In a situation referred to in the preceding sentence, Fees will be calculated taking into account the rebate given to the User, either under the Price List or individually.
    • Packhelp may terminate the Contract at any time because of the Customer’s violation of these Terms and Conditions or violation of the applicable law, notifying that to the Customer by an email or through the Customer's Account.
    • Packhelp may temporarily block, deactivate or suspend access to the Account or the Service in case of:
      • an identified breach of the Contract or violation of legal provisions, including third party rights,
      • identified insolvency of the Customer,
      • the User’s delay in payment of any amounts due, which delay exceeds at least 14 days,
      • errors concerning availability of the Service;
      • a suspected fraud or unauthorized or illegal transaction.
    • In situations referred to in items 13.2. and 13.3. above, Packhelp will not be obliged to return any amounts which have been previously paid.

14. AMENDMENTS TO THESE TERMS AND CONDITIONS
    • Packhelp reserves the right to amend these Terms and Conditions for important reasons, especially in case of: amendment of the applicable legislation affecting the Terms and Conditions, modifications relating to the Platform’s scope of functionality, modifications to technical requirements.
    • Packhelp shall notify Users through User Accounts about any planned amendments to these Terms and Conditions, at least 14 days ahead of their entry into force. The Terms and Conditions in their new version shall enter into force at the beginning of the next Subscription Period. In case of amendments to these Terms and Conditions, the Customer shall have the right to terminate the Contract without incurring additional costs with effect on the day preceding the date of entry into force of the amended Terms and Conditions. In such situation, Packhelp shall return to the Customer the Fees paid by the Customer proportionally to the unused period, provided however that if the Fee for 12 months had been paid in advance, the amount to be returned will be rounded up to the amount of Fee for the use of Services for one Subscription Period.
    • In the lack of termination of the Contract by the Customer within the period specified above, the Terms and Conditions in their new version shall enter into force at the beginning of the new Subscription Period.

15. FINAL PROVISIONS
    • These Terms and Conditions have been prepared in the Polish language and translated into other languages. In case of any discrepancy between the Polish language version and the translations, the Polish version shall prevail.
    • The Customer may not assign or transfer the Customer's rights or obligations under this Contract without prior written consent from Packhelp.
    • None of these Terms and Conditions may be construed so as to limit rights held by Consumers under the applicable provisions of law.
    • The law governing the obligations under these Terms and Conditions shall be Polish law. Any disputes relating to these Terms and Conditions shall be examined by Polish ordinary courts, provided that this will not deprive Consumer Users of their protection under mandatory legal provisions of the country of the Consumer's habitual residence.
    • Consumer Customers shall have the right to take advantage of out-of-court procedures for processing complaints or asserting claims, in particular, they may request mediation or resolution by an arbitration court. For that purpose, one should file with the institution before which the proceedings are to be initiated an appropriate form – request for mediation or request for resolving the case by arbitration court. The list and addresses of entities holding such proceedings are available at:https://uokik.gov.pl/wazne_adresy.php#faq592. The Consumer may also take advantage of out-of-court complaint resolution or assertion of claims by submitting a complaint through an EU ODR Internet platform, available at: http://ec.europa.eu/consumers/odr/. If the Customer does not wish to take advantage of ADR or ODR, any disputes arising out of these Terms and Conditions shall be resolved by an ordinary court pursuant to provisions on general jurisdiction. Any disputes between Packhelp and non-Consumer Customers shall be submitted to the court having jurisdiction over Packhelp’s seat.
    • The Customer may not, without written consent from the Service Provider, transfer the Customer’s rights and obligations under the Contract.
    • If any of the provisions of these Terms and Conditions turns out to be invalid in full or in part, ineffective or unenforceable, only such provision shall be invalid in full or in part, ineffective or unenforceable, and the remaining provisions shall remain in force. The Parties undertake to replace by negotiations in good faith the invalid in whole or in part, ineffective or unenforceable provisions by provisions whose legal force and economic effect are as close as possible to the replaced provisions.
    • In the context of sporadic disruptions in public networks, such as the Internet, Packhelp may not guarantee that the Website and the Platform will be available 100% of the time. Although Packhelp makes every effort to ensure the operation of the Website and the Platform, possible interruptions and delays in the access to the Website are inevitable, and in case of non-Consumer Customers, Packhelp shall not be liable for any damages arising out of the above problems.
    • Information on the Website and on Packhelp’s Platform may contain technical inaccuracies or typographic errors. Packhelp shall take every effort to make its descriptions as accurate as possible, however, Packhelp may not guarantee that the contents are precise, complete, credible, up-to-date and free of errors.
    • The Customer undertakes to hold harmless Packhelp and its affiliates, employees, agents, representatives and third party service providers, and protect them against any claims or liabilities (including the costs of legal representation) that may arise out of illegal use of the Website and/or unauthorized use of materials acquired through Packhelp’s Website and/or breach of the Contract, or any other loss or damage whatsoever suffered by Packhelp, caused by illegal use of the Website.
    • In any matter, especially relating to the Website or our activities, you may contact us in writing (by sending a letter to the address of our headquarters) or by electronic mail, by sending an email to the address: [email protected](or another address indicated in the Website's “Contact” section).
    • In matters not regulated in these Terms and Conditions, provisions of Polish law shall apply, especially of the Act of 23 April 1964 – Civil Code (Dz. U. 1964 Nr 16 poz. 93, as amended) and the Act of 30 May 2014 r on consumer rights (Dz. U. 2017 poz. 683).
    • Any doubts relating to the interpretation of these Terms and Conditions must be resolved so as to ensure compatibility of the Terms and Conditions with mandatory legal provisions.
    • These Terms and Conditions shall enter into force on: 01.06.2021.

USER

1. DEFINITIONS
   • Any definitions and expressions given below apply to these Terms and Conditions and to all activities relating to the use of Packhelp’s services.
     • Working Days – days of the week from Monday through Friday (except for public holidays under the laws of the Republic of Poland);
     • Written Form – includes also electronic mail clearly specifying the names and surnames or business names of the sender and recipient, unless otherwise provided in these Terms and Conditions;
     • User – party concluding a contract with Packhelp in relation to which User Account may be created, using the Platform in connection with a contract concluded between Packhelp and the Customer and invited to cooperation by Packhelp’s Customer;
     • Customer – third party concluding a contract with Packhelp, being the basis for initiating the creation of a User Account by sending an invitation containing a dedicated activation link, the party being the User’s employer, collaborator or potential collaborator;
     • Consumer – any natural person performing a legal act with the seller which is not directly related to the natural person’s business or professional activity, i.e. in the understanding of Art 22(1) of the Act of 23 April 1964 – Civil Code;
     • Account – User’s personalised administrative panel, accessible upon successful registration and login to the Platform – upon entering the previously specified login and password, where the User’s data are recorded;
     • Platform or Packhelp PRO Platform – platform provided by Packhelp through the Website enabling Users, among others, to manage product specifications; to collaborate in respect of product specifications; enabling communication between logged in Users, order management, records management;
     • Privacy Policy – a document regulating the security of privacy protection and the processing of the User’s personal data. The Privacy Policy forms an integral part and annex to these Terms and Conditions, available at the address
     • Technical Break – an interruption in the accessibility of the Platform relating to a need for maintenance or modernisation works, precluding or reducing the use of the Platform;
     • Terms and Conditions – shall mean these Terms and Conditions together with the Privacy Policy;
     • Parties – the User and Packhelp;
     • Contract – contract for the provision of services by electronic means, concluded between the User and Packhelp by accepting these Terms and Conditions, under which Packhelp undertakes to provide Services;
     • Service – service consisting in the provision for use of the Packhelp PRO Platform to the User;
     • Service Provider or Packhelp – shall mean Packhelp spółka akcyjna, incorporated in the Republic of Poland, seated in Warsaw, ul. Kolejowa 5/7, 01-217 Warsaw, Republic of Poland, entered in the Register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XIV Commercial Division of the National Court Register under the number KRS 0000587640, holder of tax identification number (NIP) 123-130-81-29;
     • Fault – technical error of the Platform preventing full use of the Platform’s functionality;
     • Website – website through which Packhelp makes available for use the Packhelp PRO Platform;
     • Report – report sent by a User’s email indicating that the Platform’s Fault has occurred.

2. GENERAL TERMS AND CONDITIONS OF USING THE PACKHELP PRO PLATFORM
   • These Terms and Conditions specify the terms and conditions of using the Packhelp PRO Platform provided by Packhelp through the Website.
   • Packhelp shall provide these Terms and Conditions to the User free of charge prior to the Contract’s conclusion and – at the User’s request – in a manner enabling access, reproduction and storage of these Terms and Conditions in the ICT system used by the User.
   • These terms and conditions shall apply only to the services provided by Packhelp.
   • Any deviations from these Terms and Conditions shall be binding on the User and Packhelp only if they have been agreed in the Written Form between authorized agents of Packhelp and the User.
   • The Packhelp Platform is intended only for persons over 18. The Platform’s use shall be a confirmation that you are a person of age.
   • By using the Platform, you confirm to have read and accepted these Terms and Conditions.
   • Packelp shall freely decide about the functionality of the Platform and the scope of Services, having regard to the need for the Platform’s development and adjustment of the Platform and Services to market requirements. Packhelp shall also reserve the right to transfer any rights to the Platform to a third party without prejudice to Users’ rights.
   • Packhelp provides support to Users, including by answering Users’ requests and inquiries on Working Days from 8.00 AM to 4.00 PM.
   • It shall be prohibited to use the Website and the Platform in any way contrary to these Terms and Conditions, applicable laws, good morals or principles of social coexistence. The User shall be prohibited from submitting illegal contents. In particular, it shall be prohibited to place on the Platform any materials that could violate rights or personal interests of any third parties or materials that could be used for purposes contrary to the law. It shall also be prohibited to interfere with the integrity of the contents and form of the Platform, as well as: to use the Platform for storing or sending malicious code; to spam, to interfere with or disturb the integrity or operation of the Service or third parties’ or other users’ data included in the Service, to attempt to gain unauthorised access to the Service or related systems or networks, to copy the Service or any part thereof, to gain access to the Service with a view to developing competitive products or services.
   • Packhelp shall not place on the Platform any commercial information or offers made in electronic form, as specified in the Polish Civil Code. In particular, provisions on making offers in electronic form shall not apply.
   • The use of the Platform by the User shall be free of charge.
3. TECHNICAL TERMS OF USING THE PLATFORM
   • In order to use the Website and the Platform, the User must meet the following technical requirements:
     • the User must have a device with Internet access and capable of displaying the Website’s and the Platform’s interface,
     • the User must have an updated browser in its latest version, provided by the following suppliers: Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, Apple Safari,
     • the User must have cookies enabled and appropriate browser add-ons installed, allowing to use Java, JavaScript, Adobe Flash,
     • the User must have the software blocking the operation of the above programs disabled,
     • the User must have an active email account.
   • Non-compliance with the technical requirements specified in item 3.1. above will not necessarily preclude the use of the Website and of the Platform, provided however that as a User you run the risk of irregular operation of the Platform’s specific functionalities or of the inability to use the Platform’s specific functionalities.

4. ACCESS TO THE PLATFORM
   • The Platform is used through a dedicated Account, upon the verification of data and the Account's activation.
   • In order to create an Account and gain the status of a registered User, one should first complete the registration procedure.
   • The User shall be entitled to complete the registration procedure subject to the receipt from a User being the User’s employee, collaborator or potential collaborator of an invitation with a dedicated activation link. Upon the User’s confirmation of registration by the activation link sent to the email address, a Contract shall be concluded between the User and Packhelp.
   • By registering an Account, you confirm to be a natural person over 18, capable of entering into legally binding contracts according to the applicable legislation, including to have been also authorized to represent the User Moreover, the User warrants that the information the User gives for the purposes of the Account is true. It shall be prohibited to provide untrue contact information or to omit contact details during the registration, such as the name and surname, address and/or telephone number. When using the Website, Users must follow all applicable international, federal, state and local legislation. Completion of registration shall be tantamount to accepting these Terms and Conditions.
   • During the registration procedure, the User submits a password through which the User gains subsequent access to the Account. The User shall be obliged to protect the password and shall not share it with third parties. Account shall not be transferable. The User shall be obliged to keep the User’s personal data submitted in the Account up to date, as necessary for the Contract's performance, and to cooperate with other Users. Packhelp shall not be liable in any way whatsoever, either to other Platform Users or third parties, if a User submits untrue or no longer current data.
   • Packhelp shall ensure to the User, subject to these Terms and Conditions, an uninterrupted and safe access to the Portal.
   • The User must not share the User’s access data with third parties, to the exclusion of the User’s employees and collaborators authorized to use the Account, and in case of such sharing the User shall be exclusively responsible for its consequences. The User shall be exclusively and fully responsible for any unauthorized access to the Service and for keeping secret the User’s logins and passwords (“Identifiers”), as well as for any fees, damages, liabilities or losses suffered in consequence of non-complying with these Terms and Conditions. Packhelp shall not be liable for any damage caused by theft of Identifiers, disclosure of identifiers or authorization to permit another person’s access to the Service and its use with the aid of the Identifiers. The User shall take commercially reasonable efforts to prevent unauthorized access to the Service or its use. Moreover, the User shall be exclusively and fully liable for any activities taking place in the User’s Account and for Users for whom Accounts have been created as a part of performing the Contract concluded with the User. The User shall immediately notify Packhelp of any unauthorized use of the Account or any other safety breach known to the User. The User may be held liable for any losses suffered by Packhelp or any other User of the Platform caused by an unauthorized person’s use of Identifiers as a result of non-maintaining security or Identifier confidentiality by the User.

5. UPDATES OF THE PLATFORM
   • We shall make every effort so that the Platform can operate 24 hours a day / 7 days a week, except for: (I) planned Technical Breaks (in respect of which we shall make every effort to communicate the fact in good time); or (ii) inaccessibility caused by circumstances beyond our control, including but not limited to force majeure, fire, earthquake, flood, water, elements, industrial disputes or shortages, reduction of facilities, power cuts, explosions, social unrest, government activities, epidemics, shortages of equipment or supplies, unavailability of transport, third party acts or omissions, or any other reasons beyond our reasonable control. In situations referred to above, we shall not be obliged to return any of the previously paid amounts.
   • If, in the term of the Contract, Packhelp independently improves or updates the Platform, the new version of the Platform will be shortly implemented and provided for use. The time of implementing the improvement or update of the Platform will be adequate to the level of advancement and complexity of the introduced technical modifications and may require a Technical Break.
   • Having a Technical Break as a result of the need to implement the Platform’s update shall not amount to improper performance of the Service by Packhelp.

6. SERVICE SUPPORT, REPORTING VIOLATIONS AND COMPLAINTS
   • Packhelp shall maintain the Platform in a condition permitting its proper operation, in particular:
     • Packhelp shall remove Faults of the Platform and of the Website,
     • Packhelp shall ensure continuous access to the Platform’s updates.
     • Packhelp shall provide technical support concerning the Platform’s use.
   • The User shall have the right to make inquiries, comments and complaints in relation to the Platform’s operation.
   • Faults of the Platform shall be removed by Packhelp independently or based on a Report. A Report should contain the following information: contact details of the reporting person; description of the event; information about the part of the Platform where the Fault has allegedly taken place; circumstances of the Fault's occurrence; other information Packhelp or the User may find necessary to remove the Fault or which prevent Packhelp from removing the Fault, however, the absence of any of the above information shall not render the Report ineffective.
   • Receipt of a Report shall always be confirmed by an email sent to the User’s email address specified in the Report.
   • In order to carry out maintenance or modernisation works, Packhelp reserves the right to make Technical Breaks in the access to the Platform. Packhelp undertakes to notify the User of any planned Technical Break. Technical Breaks shall not amount to improper Service performance or Fault of the Platform.
   • Packhelp shall not be liable for the Platform's inaccessibility to the User if the inaccessibility has been caused by: acts of the User or third parties consisting in the introduction of changes or modifications to the Platform, or the User’s use of the Platform in a manner contrary to these Terms and Conditions.
   • A User who notices any data of unlawful nature in the system of the Platform, in particular violating intellectual property rights, should immediately notify that fact to the Packhelp’s email address: [email protected].
   • Any complaints relating to the performance of the Contract or questions should be made by electronic mail to the email address [email protected], or to the address of Packhelp’s seat. The complaint should include at least: details allowing the User’s identification and contact with the User: the User’s name or email address, specification of the complaint’s subject matter and the circumstances being the object of the complaint, including the date of their occurrence; the User’s expectations vis-a-vis Packhelp, in particular indication of the actions sought from Packhelp.
   • Packhelp shall process the complaint within 30 Working Days of its receipt and shall promptly notify the User by email about the complaint’s outcome. When the details or information provided in the complaint require supplementation, Packhelp shall request the complainant to supplement the complaint prior to its processing. The period of processing the complaint shall be prolonged by the time of the User providing additional explanations.
   • Complaints following from non-compliance with these Terms and Conditions shall not be allowed by Packhelp.

7. LICENSE AND COPYRIGHTS
   • Packhelp represents to hold unlimited author’s economic rights to the Platform.
   • Packhelp shall grant to the User an unlimited territorially non-exclusive license for the term of the Contract to use the Platform according to the terms and restrictions specified in these Terms and Conditions without the right to grant further licenses, in the following fields of exploitation: display using a computer, a mobile device (including mobile phones) or other electronic devices.
   • Packhelp reserves all rights to the Platform which are not expressly granted to Users under the Contract. In particular, the license does not allow the User to: (a) reproduce, disseminate, loan, alienate or redistribute the Platform in any other way whatsoever, directly or indirectly, (b) modify, perform reverse engineering or otherwise interfere with the Platform’s software, (c) use or develop the intellectual property held by Packhelp, (d) use the intellectual property held by Packhelp for any unlawful purpose or to Packhelp’s detriment. Each act bearing the features specified above shall be treated as violation of the terms of the Contract.
   • The Service includes contents and technologies developed by Packhelp or Packhelp’s licensors which are protected by copyrights, trademarks, trade secrets or other rights. In the relation between the Parties, Packhelp is the holder or licensee of intellectual property or other property rights to the Service, including but not limited to the design, graphics, logo, functionalities and the related documentation (hereinafter referred to as “Property”). It shall be prohibited to: copy, modify or reproduce the source code of any part of the Platform or any Property, to rent, sell, lease, disseminate, provide or otherwise use the Service to the benefit of any third party.
   • This Contract shall not transfer to the User any property or any intellectual property of a third party, and all rights, titles and shares in such property shall remain exclusively with Packhelp or their respective holders. All such rights shall be reserved.
   • Names, logos or trademarks of external companies and of other users’ products may be trademarks of their respective holders.

8. THE USER’S CONTENTS
   • Any information stored in the User Account, especially documents, texts, pictures, software, graphics, audio files, films, news, links or other materials sent to or generated in the Platform by the User or other Users (hereinafter collectively referred to as “User’s Contents”) shall belong respectively to the User or another User who placed such User’s Contents. You can use any User’s Contents published by the User in any other way whatsoever.
   • To be able to render the Service, Packhelp needs the right to specific uses of the publicly published User’s Contents. In connection with the Platform’s use, as the User entitled to place on the Platform any User's Contents, you grant to Packhelp a gratuitous, territorially unlimited license without time limit, including the right to grant sub-license, to User’s Contents for the purposes of performing our obligations under this Contract, as necessary to render the Service, in the following fields of exploitation: (a) reproducing by recording User’s Contents on any data carriers; (b) entering into computer memory, to databases, multimedia networks or any other computer networks (in particular, the Internet); (c) through employees or persons authorised by Packhelp – performing, exhibiting, displaying, developing, reproducing, broadcasting or re-broadcasting, as well as sharing publicly in such a way that any person can access the User’s Contents at a place and time of their choosing. In connection with the above, you consent that Packhelp may use and share such User’s Contents to the extent necessary to perform the Contract.
   • In particular, the User consents to the use by Packhelp or entities collaborating with Packhelp of the User’s Contents for the purpose of carrying out analyses and statistics relating to the use of the Service, including for the adjustment of services to the User's profile.
   • The User shall be fully liable for the User’s Contents, including their quality and legality, and for any damages arising out of such User's Contents. By sharing User’s Contents through the Platform, the User warrants and represents that:
     • the User holds all rights, entitlements and authorizations necessary to grant to Packhelp appropriate rights to any such User’s Contents and fully complies with all third party licenses relating to the User’s Contents;
     • downloading, copying or using the User’s Contents does not violate any property rights, including but not limited to copyrights, patents, trademarks or third party rights to trade secrecy.
     • if the User’s employer holds the rights to the User’s Contents, as a User you have obtained authorisation from your employer to publish or share the User’s Contents, including but not limited to any software, or you have ensured that your employer waived any rights to the User’s Contents;
     • as User, you are responsible for any claims arising out of the fact that you may violate any copyrights to User’s Contents;
     • User’s Contents do not contain or install any viruses, bugs, malicious software, Trojans or any other harmful or destructive contents;
     • User’s Contents are not spam, are not machine- or randomly generated, and do not comprise unethical or undesired commercial contents designed so as to direct traffic to third party websites or to improve position in third party search engines, and do not involve any further activities contrary to the law (e.g., phishing) or misleading recipients as to the source of the material (impersonation);
     • User Contents are not pornographic, do not comprise threats or incitement to violence, and do not violate any third party rights to privacy or image;
     • User Contents are not advertised by undesired electronic messages, such as spam links in discussion groups, mailing lists, other blogs or websites, or other similar unsolicited promotion methods;
     • User Contents are not presented in a way misleading readers so that they think that you are another person or User.
   • Without prejudice to any of the above warranties or representations, Packhelp reserves the right to remove any contents, including User’s Contents, from the Platform or to terminate or refuse access to the Platform and its use to Users when placement of User’s Contents or the User’s activities violate these Terms and Conditions, good morals or the provisions of generally applicable law. In a situation referred to in the previous sentence, Packhelp shall be entitled to retain any fees already paid by the User.
   • In case of a third party claim concerning the User’s Contents, Packhelp shall promptly notify the User about such claims. In the above situation, the User undertakes to promptly contact the third party and take necessary measures to settle the dispute and satisfy the third party claims. If Packhelp satisfies the third party claims or redresses the damage caused to such third party, Packhelp shall assert an appropriate recourse claim against the User.
   • The User consents to Packhelp’s use of the User's name and logo for the User's identification as Packhelp’s User on Packhelp’s website or in other sales or marketing materials. The above consent may be withdrawn at any time by sending a respective request by email to the address: [email protected].
   • Packhelp respects the intellectual property of other parties. If you think that the material on Packhelp’s website or to which the website links violates copyrights or that your intellectual property rights have been otherwise violated, notify that fact to Packhelp. We will answer all such notifications, including, if needed or appropriate, by removing the material violating the law or by deactivating all links to the material violating the law. We will deactivate or disable the User’s access to the Service and its use if, in relevant circumstances, it turns out that the User repeatedly violates the rights of other parties. In case of such deactivation or termination of the Contract, we shall not be obliged to return any of the previously paid amounts.
   • We have not viewed and are not able to view all materials published by Users on the Platform and, as a result, we cannot be responsible for the content, use or consequences of such materials. By operating the Platform, we do not represent or suggest that we support the materials published thereon, and we do not claim that such materials are exact, useful or harmless. The User shall be responsible for taking necessary precautions to protect themselves and the User’s computer systems against viruses, bugs, Trojans or other harmful or destructive contents. We waive any liability for any damages arising out of the use of the Platform by Users or any downloading by such Users of the contents published on the Platform.

9. PROTECTION OF USER’S DATA
   • Packhelp shall not use the objects of copyrights or industrial property rights held by the User to develop new products or services.
   • Packhelp undertakes to enable the User to copy materials from the Platform, only if the User’s legitimacy to copy the materials is confirmed, within 60 (sixty) days of the date of confirming the legitimacy of the request by the User.

10. LIABILITY
    • Packhelp shall not be liable for:
      • submission by the User of factually inaccurate, incomplete or outdated data, or omission to update such data (including the data submitted during the User’s registration),
      • any damages caused by the User’s violation of third party rights in connection with the Platform’s use,
      • damages caused by the User's password or login being compromised by third parties,
      • damages caused in consequence of disruptions in the Platform’s operation or the Platform’s inaccessibility caused by reasons independent of Packhelp or resulting from events that could not have been prevented by Packhelp or in connection with maintenance works on the Platform,
      • damages caused by the User’s non-observance of these Terms and Conditions or the Privacy Policy.
      • damages relating to User’s Contents being used by the Platform’s Users,
      • Users’ acts or omissions relating to negotiations or conclusion of any civil law contracts, or to contracting any obligations through the Platform.
    • Packhelp shall not be liable for Users’ acts relating to the use of the Platform, in particular, the way in which the Platform is used, use of User’s Contents by other Users. In particular, Packhelp shall not be liable for violations of any intellectual or industrial property rights by Users.
    • In case of a User’s intellectual or industrial property rights being violated, Packhelp will cooperate with the User whose rights have been infringed by another User to clarify the matter. In particular, Packhelp will be entitled to provide information relating to the infringing User’s activities.
    • To the widest extent permitted by the applicable law, in no circumstances will the company Packhelp, its subsidiaries, affiliates, leadership, employees, agents, partners, suppliers or licensors be liable vis-a-vis the User in case of any claims (regardless of whether asserted under a contract, warranty, negligence, strict liability or any other tort, in consequence of violating any statutory obligation, non-complying with any limited legal remedy with a view to achieving its basic purpose or otherwise) for: (i) any special, consequential, incidental or exemplary damages, including but not limited to lost profits, even if the party had been notified about the possibility of such damages, or (ii) any amounts in excess of the (total) fees paid (or owed) by you under the Contract within six (6) months directly preceding any complaint or (iii) for an interruption in the use of the Platform or loss or corruption of data.
    • Packhelp shall not be liable in any way whatsoever for any breakdown or delay caused by matters beyond our reasonable control.
    • During the period of force majeure, which shall mean an event that could not have been foreseen despite exercising care required in professional trade relationships, which is external both to the User and Packhelp and which could not have been prevented by either party despite exercising due care, performance of any works and Packhelp’s obligations, within the scope covered by force majeure, shall be suspended. Packhelp shall not be liable for non-performance of its contractual obligations during the period of force majeure.

11. PROCESSING OF PERSONAL DATA
    • The Service Provider shall process Users’ personal data on the terms specified in the Privacy Policy.
    • The User, in connection with the concluded Contract, entrusts to Packhelp for processing the personal data placed on the Platform, especially the data of its employees, collaborators, Users, partners. The entrusting covers the following categories of personal data: name, surname , email address, telephone number, address of residence, image, tax identification number (NIP), Personal Identification (PESEL) number, date of birth, and other data necessary to perform the contract. The scope of processing shall cover only such data that are necessary for Packhelp to properly cooperate within the framework of the Contract and have been provided to Packhelp by the User.
    • The User represents to have an appropriate legal basis to process the personal data placed on the Platform directly by the User or Users being the User’s employees or collaborators.
    • The data will be processed by Packhelp for the period of Packhelp’s performance of the Contract.
    • If the data subject directly requests Packhelp to change or erase the data subject’s personal data, Packhelp will immediately pass the request to the User.
    • The User consents to further entrusting of the User’s personal data to other entities for the purpose of performing the Contract, in particular to entities supporting Packhelp in its current operations. Specifically, these may be: (a) providers of accounting, financial, legal or consultancy services, (b) the Website’s domain host, (d) provider of the Website’s technical support, (e) payment processing company, (f) provider of the software used in performance of the operations specified in the Terms and Conditions, including entities providing the Company with technical, IT and organisational solutions, (h) other entities if the use of their services is necessary for proper operation of the Website and the Portal and for the provision of services by Packhelp.

12. PERIOD OF USING THE SERVICES
    • The Contract is concluded for an indefinite term, however, no longer than the term of the contract with the Customer in connection with whose performance the User’s Account is created.
    • The User shall be entitled, through the User’s Account or by an email sent to Packhelp’s address [email protected], to terminate the Contract with immediate effect, which is tantamount to deactivation of the User’s Account.
    • Packhelp may terminate the Contract at any time on account of the User’s breach of these Terms and Conditions or violation of the applicable law, as well as in case of terminating the contract with the Customer in relation to which the User’s Account has been created, by notifying that fact by an email or in the User’s Account.
    • Packhelp may temporarily block, deactivate or suspend access to the Account or the Service in case of:
      • an identified breach of the Contract or violation of legal provisions, including third party rights,
      • errors concerning availability of the Service;
      • a suspected fraud or unauthorized or illegal transaction.
    • In situations referred to in items 13.5 and 13.6 above, Packhelp will not be obliged to return any amounts which have been previously paid.

13. AMENDMENTS TO THESE TERMS AND CONDITIONS
    • Packhelp reserves the right to amend these Terms and Conditions for important reasons, especially in case of: amendment of the applicable legislation affecting the Terms and Conditions, modifications relating to the Platform’s scope of functionality, modifications to technical requirements..
    • Packhelp shall notify Users through User Accounts about any planned amendments to these Terms and Conditions, at least 14 days ahead of their entry into force. The Terms and Conditions in their new version shall enter into force at the beginning of the next Subscription Period. In case of amendments to these Terms and Conditions, the User shall have the right to terminate the Contract without incurring additional costs with effect on the day preceding the date of entry into force of the amended Terms and Conditions.
    • In the lack of termination of the Contract by the User within the period specified above, the Terms and Conditions in their new version shall enter into force at the beginning of the new Subscription Period.

14. FINAL PROVISIONS
    • These Terms and Conditions have been prepared in the Polish language and translated into other languages. In case of any discrepancy between the Polish language version and the translations, the Polish version shall prevail.
    • The User may not assign or transfer the User's rights or obligations under this Contract without prior written consent from Packhelp.
    • None of these Terms and Conditions may be construed so as to limit rights held by Consumers under the applicable provisions of law.
    • The law governing the obligations under these Terms and Conditions shall be Polish law. Any disputes relating to these Terms and Conditions shall be examined by Polish ordinary courts, provided that this will not deprive Consumer Users of their protection under mandatory legal provisions of the country of the Consumer's habitual residence.
    • Consumer Users shall have the right to take advantage of out-of-court procedures for processing complaints or asserting claims, in particular, they may request mediation or resolution by an arbitration court. For that purpose, one should file with the institution before which the proceedings are to be initiated an appropriate form – request for mediation or request for resolving the case by arbitration court. The list and addresses of entities holding such proceedings are available at:https://uokik.gov.pl/wazne_adresy.php#faq592. The Consumer may also take advantage of out-of-court complaint resolution or assertion of claims by submitting a complaint through an EU ODR Internet platform, available at: http://ec.europa.eu/consumers/odr/. If the User does not wish to take advantage of ADR or ODR, any disputes arising out of these Terms and Conditions shall be resolved by an ordinary court pursuant to provisions on general jurisdiction. Any disputes between Packhelp and non-Consumer Users shall be submitted to the court having jurisdiction over Packhelp’s seat.
    • The User may not, without written consent from the Service Provider, transfer the User’s rights and obligations under the Contract.
    • If any of the provisions of these Terms and Conditions turns out to be invalid in full or in part, ineffective or unenforceable, only such provision shall be invalid in full or in part, ineffective or unenforceable, and the remaining provisions shall remain in force. The Parties undertake to replace by negotiations in good faith the invalid in whole or in part, ineffective or unenforceable provisions by provisions whose legal force and economic effect are as close as possible to the replaced provisions.
    • In the context of sporadic disruptions in public networks, such as the Internet, Packhelp may not guarantee that the Website and the Platform will be available 100% of the time. Although Packhelp makes every effort to ensure the operation of the Website and the Platform, possible interruptions and delays in the access to the Website are inevitable, and in case of non-Consumer Users, Packhelp shall not be liable for any damages arising out of the above problems.
    • Information on the Website and on Packhelp’s Platform may contain technical inaccuracies or typographic errors. Packhelp shall take every effort to make its descriptions as accurate as possible, however, Packhelp may not guarantee that the contents are precise, complete, credible, up-to-date and free of errors.
    • The User undertakes to hold harmless Packhelp and its affiliates, employees, agents, representatives and third party service providers, and protect them against any claims or liabilities (including the costs of legal representation) that may arise out of illegal use of the Website and/or unauthorized use of materials acquired through Packhelp’s Website and/or breach of the Contract, or any other loss or damage whatsoever suffered by Packhelp, caused by illegal use of the Website.
    • In any matter, especially relating to the Website or our activities, you may contact us in writing (by sending a letter to the address of our headquarters) or by electronic mail, by sending an email to the address: [email protected] (or another address indicated in the Website's “Contact” section).
    • In matters not regulated in these Terms and Conditions, provisions of Polish law shall apply, especially of the Act of 23 April 1964 – Civil Code (Dz. U. 1964 Nr 16 poz. 93, as amended) and the Act of 30 May 2014 r on consumer rights (Dz. U. 2017 poz. 683).
    • Any doubts relating to the interpretation of these Terms and Conditions must be resolved so as to ensure compatibility of the Terms and Conditions with mandatory legal provisions.
    • These Terms and Conditions shall enter into force on: 01.06.2021.