CERTAG SYSTEM
TERMS AND CONDITIONS FOR PROVISION OF ELECTRONIC SERVICES
Last update date: 25 February 2021
1. The Terms and Conditions define the rules for provision of electronic services by Consilium to Users (hereinafter jointly referred to as the Parties) within the System made available to them.
2. The Terms and Conditions shall apply to all Services provided by Consilium within the System with the reservation that the provisions of additional agreements concluded by and between the Parties, if any, shall prevail.
3. As interpreted in the Terms and Conditions, the User may be any legal person, other organisational unit with legal capacity and ability to perform legal actions, natural person running a business or natural person after accepting the Terms and Conditions and registering an account in the System.
4. The rules for privacy protection of the Users, including the processing of their personal data, are described in the Privacy Policy..
The terms used in the Terms and Conditions shall have the following meaning:
1) Administrator - a person who manages a team of at least two Users within a team subscription who can open, edit and close User’s accounts within a team covered by the subscription and who can grant and revoke appropriate rights in the System;
2) Application - a mobile application of the System allowing to use the Services on mobile devices;
3) Database of Certified Transport - the public database maintained by Consilium within the System which enables the search for information regarding the certification status of the Carriers-Users’ quality systems and the registration numbers of loading compartments used by the Carrier-User;
4) Consilium - shall mean Przemysław Tronina trading under the business name of Przemysław Tronina Consilium, with its registered office at the following address: ul. Smoleńskiego 1b, 51-607 Wrocław, Tax Identification Number (NIP): 8981957953, Company Number (REGON): 020104965, e-mail info@certag.eu, www: www.certag.eu;
5) Password - shall mean a sequence of characters used to identify the User while logging in;
6) Login - shall mean an e-mail address or another unique identifier used to identify the User in the System;
7) System - the Certag ICT system used by Consilium to provide the electronic services described in the Terms and Conditions, available at the web address: www.certag.eu;
8) Service - shall mean an electronic Service provided within the System, according to Article 2 (4) of the Act on Provision of Electronic Services dated 18 July 2002 (consolidated text: Journal of Laws of 2020, item 344 as amended) by Consilium to the Users according to the rules described in the Terms and Conditions, in particular it refers to Authentication Service, Registration Service, Verification Service and User Service;
9) Authentication Service - a Service consisting in the authentication of the Carrier-User’s printed transport logbooks in the Database of Certified Transport, including but not limited to:
a. assigning the System’s NFC tags to loading compartments registered in the Database of Certified Transport;
b. enabling the verification of the authenticity of the transport logbooks by means of the Application (if the Carrier-User uses the transport logbook with an NFC tag);
10) Registration Service - a Service consisting in registration:
a. of the Carrier-User in the Database of Certified Transport;
b. the loading compartments used by the Carrier-User in the Database of Certified Transport;
11) Verification Service - a Service consisting in the assessment of compliance of carrier’s company data and the status of the carrier’s certified quality systems in order to make the data available in the System’s database credible, including in particular the verification of the current status of the Carrier-User’s certified quality systems;
12) User Service - a Service consisting in the on-line verification of the certification status of the quality system including in particular:
a. the verification whether the loading compartment is used by a Carrier-User covered by the quality system certification, of the history of loads and applied cleaning regimes;
b. the verification of the current certification status of the Carrier-User’s quality system;
c. the verification of the authenticity of the printed transport logbook (if the Carrier-User uses the transport logbook with an NFC tag);
13) Transport Logbook Service - a Service which consists in registering and scheduling transport and appointing drivers by the Carrier-User;
14) User - shall mean the System user whose account was created in the System as a result of registration, by Consilium or by the Administrator;
15) Client-User - the User who cooperates commercially with at least one Carrier-User and to whom Consilium may provide the User Service through the System;
16) Carrier-User - the User providing carriage services to whom Consilium may provide the Authentication, Registration and Verification Services through the System.
1. The use of the System is subject to individual and team subscriptions. The subscription defines the scope of the Services provided through the System to the User. The subscription for teams enables the purchase and management of authorisations of at least two Users within one organisation.
2. As part of the Authentication Service, the Carrier-User - with the use of the Application - can assign NFC tags (electronic chips) within the System to the loading compartments used by them and registered in the Database of Certified Transport within the scope of the Carrier-User’s certified quality system supported by the System.
3. As part of the Authentication Service, the Carrier-User can authenticate the printed transport logbooks where the Carrier-User records its transport history data. In order to use this service, the Carrier-User should:
a. purchase the stickers with the System NFC tags (electronic chips) to use in their own transport logbooks, or
b. purchase standardised electronic transport logbooks (equipped with the System NFC tags).
4. The provision of the Verification Service takes place upon payment upon registration of the Carrier-User’s account. Consilium undertakes to provide the Verification Service without undue delay.
5. Consilium may also provide the Verification Service additionally at a time other than that indicated in point 4 hereinabove if there is a change in the Carrier-User’s company data.
6. In order to provide the Verification Service correctly, if any ambiguity or doubts arise during its provision, Consilium may ask the User by e-mail to provide additional data, give explanations or send additional documents. The form in which the response is to be sent and the time limit for responding shall be determined by Consilium. Consilium reserves that the failure to respond within the time limit set by Consilium or the submission of an incomplete response may result in a negative outcome of the provided Verification Service.
7. Upon the successful completion of the Verification Service, the data entered becomes publicly available in the Database of Certified Transport.
8. In the Database of Certified Transports, the Carrier-User may register only the loading compartments covered by the certified quality system within the Carrier-User’s organisation.
9. Upon the moment referred to in point 7 hereinabove of the Terms and Conditions, the User may use the User Service by means of the Application in relation to a given Carrier-User.
10. The System supports the quality systems specified in Appendix No. 1 to the Terms and Conditions. Any amendment to the aforementioned appendix does not constitute an amendment to the Terms and Conditions and may be done at any time by Consilium.
11. The User may provide another User with the history of transported loads or the information on applied cleaning regimes by means of Bluetooth standard or generated one-time code.
1. Consilium makes the System available to the Users in a way that enables the provision of the Services.
2. Consilium provides the Services with due diligence, taking into account the professional nature of the conducted business.
3. The User is obliged to cooperate with Consilium to the extent necessary to properly provide the Services. As part of the duty to cooperate, the User is obliged, in particular, to inform Consilium about any problems on an on-going basis and to submit comments and requests regarding the correct operation of the System.
4. Consilium is entitled to subcontract the performance of works within the Services to subcontractors.
5. Consilium does not guarantee that the payment of the registration fee or any other fee will result in a positive outcome of the verification carried out under the Verification Service.
1. The use of the System and the Application requires prior registration. The first stage of the Carrier-User’s account registration requires providing the User’s e-mail address (Login), setting the Password and accepting the Terms and Conditions. Then the Carrier-User receives a message with an activation link to the e-mail address given. After clicking on the activation link, the Carrier-User enters the System as a registered and logged-in Carrier-User.
2. In order to use the System in its full scope, the Carrier-User enters the Carrier-User’s identification data or imports it by entering the Carrier-User’s quality system certification number supported by the System. The Carrier-User’s identification data is then verified by Consilium. The Carrier-User is informed about the result of the verification by a relevant e-mail.
3. The registration of the Client-User’s account requires providing the e-mail address (Login), setting the Password and accepting the Terms and Conditions. Then the Client-User receives a message with an activation link to the e-mail address given. After clicking on the activation link, the Client-User enters the System as a registered and logged-in User.
1. The User as well as the Administrator can close their respective accounts at any time. Closing of the User’s account requires the confirmation via e-mail.
2. Under the team subscription, the Administrator may close the User’s account at any time within the team covered by the subscription.
3. Under the team subscription, a duly authorised representative of the organisation may change the Administrator in cooperation with Consilium.
4. After closing of the User’s account referred to in points 1- 2 of this Article, the data related to it becomes invisible to other Users and Administrators.
5. Consilium may close the User’s account especially in case of violation by the Users:
a. of valid legal regulations concerning the System;
b. of important provisions of the Terms and Conditions, especially those specified in §7 and §9 of the Terms and Conditions.
1. The User shall be obliged to use the System in a manner that is consistent with the purpose of the System, does not cause any damage to the System or disrupt its operation, and is in compliance with the law and good manners.
2. The User shall be forbidden to pass the Login and Password to any third party. In case of unauthorised use of the User’s account, Consilium reserves the right to block it. Consilium shall not be responsible for the consequences resulting from the unauthorised use of the User’s Login and Password.
3. The User shall be solely responsible for all the content uploaded to the System within the User’s account.
4. Consilium shall not be obliged to monitor the User’s content. However, in all cases Consilium reserves the right to remove or disable the access to any User’s content that violates the law or the Terms and Conditions.
5. The User shall be forbidden to publish - within the System - any content that:
1) is offensive, harassing, defamatory, pornographic, threatening or obscene;
2) is illegal or intended to commit or incite to commit an illegal act, including the infringement of intellectual property rights of Consilium or third parties;
3) contains harmful content such as malware, Trojan horses or viruses, or otherwise interferes with other Users’ access to the System;
4) is related to sending unsolicited messages or spam;
5) contains commercial information or advertisements.
1. The use of the System by the User is for a fee. Individual subscriptions and prices are specified in Appendix No. 2 to the Terms and Conditions entitled Service Price List . Any amendment to Appendix No. 2 does not constitute an amendment to the Terms and Conditions.
2. Consilium reserves the right to make amendments to the Service Price List. Any amendments to the Service Price List are effective as of the date indicated in the amended Service Price List, but not earlier than as of the date of publication of the amended Service Price List within the User’s account in the System and on the website at www.certag.eu.
3. The fee for the Services is payable in advance for each settlement month of the use of the System. The payment is used by Consilium as the basis for assessing the compliance of the Carrier-User’s data with the payment data. The settlement month ends on the day which corresponds by name or date with the initial day of such a period and if there is no such day in the last month - on the last day of the said month.
4. The first day of the settlement period is considered to be the day of completion of the User’s account registration within the System.
5. If Consilium does not receive the timely and full payment for the use of the Services, Consilium may suspend the use of the System unless the User makes the full payment within the time limit set by Consilium in the message sent to the User’s e-mail address provided during the registration of the account in the System. Furthermore, if Consilium does not receive the timely and full payment for the use of the Services, it shall cause automatic hiding of the User’s data in the Database of Certified Transport.
6. The suspension of the use of the System due to lack of payment may result in the User’s loss of the possibility to use and access their account and its content.
7. Consilium shall issue an invoice to the User within 7 (seven) days after the payment is made.
8. The User agrees to receive VAT invoices issued for services provided by Consilium in an electronic form.
9. Consilium shall notify the User in advance of any amendments to the amount charged for the use of the System during each settlement period, and in case of any amendments to the charges, Consilium shall provide the User with an opportunity to cancel the use of the System, according to § 14 (4) of the Terms and Conditions.
10. Consilium may grant the User the access to a test account. The terms and conditions of such access shall be regulated by an agreement concluded by and between the Parties in a documentary form. These Terms and Conditions shall be applicable in the scope not provided for in such agreements.
Any and all rights to the content as well as to the software being a component of the System or the Application shall be vested in Consilium. It is prohibited to copy, reproduce, distribute, decompress or modify them in any form and by any means without the prior written permission given by Consilium.
1. Consilium shall be responsible for the proper operation of the System towards the User.
2. Consilium does not guarantee continued and uninterrupted availability of the System. Consilium commits to provide the availability of the System at the level of 97.2% per year.
3. Consilium may modify the System and its available features, as well as suspend their operation or add new features.
4. Consilium reserves the right to interrupt the access to the System in connection with the need of performing periodic maintenance and upgrades.
5. Notwithstanding the foregoing, Consilium has the right to discontinue the Service at any time if such reasonable request is filed with Consilium by an authorised public authority.
6. Consilium shall not be liable for damage resulting from the interruptions in the Internet access or interruptions in the provision of the Services caused by the default of the third parties.
7. In particular, Consilium shall not be liable for damage incurred by the User (in the form of both loss and lost profits):
1) caused by the lack of continuity of the Service for reasons attributable to the User;
2) caused by threats in the Internet that are independent of Consilium or the User;
3) caused by the inability to use the System or the Application resulting from poor connection quality, User’s software misconfiguration, power network failure, or disruption of the Internet operation;
4) caused by Force Majeure or illegal actions of the third parties;
5) resulting from the use of the System or the Application in a manner inconsistent with its intended purpose or in a manner inconsistent with the Terms and Conditions;
6) as a result of incorrect data input by the User into the System.
8. Consilium shall under no circumstances be liable for any lost profits on the part of the User.
9. The User and Consilium disclaim any liability under the implied warranty for the physical defects and legal defects of the System.
10. Consilium shall be liable only for damage caused to the User intentionally or as a result of grossly inappropriate or negligent actions while providing the Service.
1. Consilium and the User shall cooperate and make efforts to detect, identify and inform each other about possible errors and failures in the operation of the System.
2. The User may contact Consilium with current issues regarding the operation of the System by sending their comments, remarks and reports on the quality of provided Services via the contact form available on the website [...].
3. The User may send their complaints regarding technical aspects of the operation of the System as well as other issues related to the Service via the contact form available on the website [...].
4. The complaints shall be submitted immediately after the occurrence of a problem they refer to.
5. Each complaint shall contain a brief description of the problem being the grounds for the complaint, the date and time of its occurrence, and identification of the User (in particular the User’s e-mail address).
6. Consilium shall make reasonable efforts to deal with complaints without undue delay. Consilium shall notify the person lodging the complaint of the result of the complaint examination via e-mail sent to such person’s e-mail address.
1. If the Verification Service provided for the first time gives the negative result, Consilium shall refund the full registration fee referred to in § 3(4) of the Terms and Conditions to the Carrier-User. The registration fee shall be returned immediately, but no later than within 5 business days of the day on which the negative Verification Service was provided.
2. The User may cancel the use of the Service at any time by submitting an appropriate instruction in the System, effective on the first day of a new settlement period. The User may use the System until the last day of the current settlement period for which the payment of the fee was made.
3. If the User declares that the User does not agree to be bound by the amended Terms and Conditions as specified in § 14 (4) of these Terms and Conditions, the cancellation shall be effective as of the first business day after the lapse of the 7 (seven)-day period that the User has been granted for the purpose of making such a declaration. In such a situation, the User may use the System until the day when the cancellation became effective (inclusive). Consilium shall reimburse the User immediately, but no later than within 7 business days of the day when the cancellation became effective, a part of the monthly fee for the Services, referred to in §8(3) of the Terms and Conditions, in the amount proportional to the number of days in the month on which the User used the Service.
1. Consilium reserves that the use of the Services provided electronically may involve risks, not exceeding, however, the standard risks associated with the use of the Internet. Any possible risks associated with the use of these Services, as well as the technical measures available to the Users to minimise such risks, are described in the Information on specific risks associated with the user’s use of services provided electronically , constituting Appendix No. 3 to the Terms and Conditions.
2. In order to use the System, the User shall meet the following technical requirements necessary to use the System:
1) access to the Internet,
2) updated version of the following Internet browsers:
a) Windows 8/10 – e.g. Edge/IE11/Chrome/Firefox/Opera,
b) Mac OS – e.g. Safari/Opera,
c) GNU/Linux – e.g. Chrome/Firefox/Opera,
d) iOS 10/9 – e.g. Safari/Chrome,
e) Android 7/6/5/4.4 – e.g. Chrome/Samsung Internet/Android native browser,
3) having an e-mail account.
1. The law applicable to these Terms and Conditions shall be the law of Poland.
2. Any and all disputes shall be settled by the court of general jurisdiction over the place of business (registered office) of Consilium.
3. Consilium reserves the right to make amendments to the Terms and Conditions. Any amendments to the Terms and Conditions are effective as of the date indicated in the amended Terms and Conditions, but not earlier than as of the date of publication of the amended Terms and Conditions within the User’s account in the System and on www.certag.eu.
4. Within 7 (seven) days of the amended Terms and Conditions’ becoming effective, the User shall have the right to make a statement that the User does not agree that the amended Terms and Conditions are applicable to them. In order to be effective, such a statement shall be sent to the following e-mail address: info@certag.eu. In such case, it is equal to cancellation by the User of the use of the System.
5. If the User continues to use the System after the Terms and Conditions have been amended, it shall mean that the User accepts the amended Terms and Conditions.
6. The Appendices shall constitute the integral part of the Terms and Conditions and are listed herein:
a) Appendix No.1 - List of Quality Systems supported by the System,
b) Appendix No. 2 -Service Price List,
c) Appendix No. 3 - Information on specific risks associated with the user’s use of services provided electronically.
7. The Terms and Conditions shall enter into force on 25 February 2021.
Appendix No.1 - List of Quality Systems supported by the System
1. GMP+ FSA
Appendix No. 2 - Service Price List
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Subscription plans |
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Type of payment |
Certag PODSTAWOWY [BASIC] For individual users |
Certag STANDARD For clients of transport services |
Certag PREMIUM For certified carriers |
|
Monthly payment PLN |
Free |
PLN 36 / month / user |
PLN 54 / month / user |
|
Annual payment PLN |
Free |
PLN 22 / month / user |
PLN 36 / month / user |
|
Monthly payment EUR |
Free |
EUR 8 / month / user |
EUR 12 / month / user |
|
Annual payment EUR |
Free |
EUR 5 / month / user |
EUR 8 / month / user |
Appendix No. 3 - Information on specific risks associated with the user’s use of services provided electronically
1. The use of the services provided electronically may involve risks. The User should take them into account, even though the User uses the systems protecting the User’s infrastructure against unauthorised influence of third parties. The basic threats related to the use of the Internet are as follows:
● malicious software - including various types of applications or scripts such as viruses, worms, trojans (Trojan horses), keyloggers, dialers;
● spyware;
● software which tracks the user’s activities and gathers information about the user and sends it to the author of a given program;
● spam;
● phishing - a fraudulent attempt to obtain personal information (e.g. passwords) by disguising as a trustworthy person or institution;
● hacking, that is subverting the security of the user’s ICT system with the use of such hacking tools as exploits and rootkits.
2. In order to avoid the aforementioned threats, the user should install an anti-virus software in their computer and other electronic devices they use when being connected to the Internet. Such software should be regularly updated. Protection against the above threats can also be provided by:
1) enabled firewall,
2) updates of any software;
3) not opening of any attachments to e-mails of unknown origin;
4) reading of installation windows of applications and their licences;
5) disabling of macros in MS Office files of unknown origin;
6) regular scanning of the whole system with anti-virus and anti-malware software;
7) encryption of data transmissions;
8) installation of anti-hacking software (which detects and prevents hacking)
9) use of the original system and applications from legal sources.