TERMS OF SERVICE FOR ELECTRONICALLY PROVIDED SERVICES

§ 1. Definitions

The following terms used in the Terms of Service shall have the meanings assigned below:

  1. Email – email address,
  2. Consumer – an individual not conducting business, as defined in the Act of May 30, 2014, on Consumer Rights,
  3. Jastar – JASTAR Robert Bartold, address: ul. Bardowskiego 10, 03-888 Warsaw, registered in the Register of Entrepreneurs held by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, with REGON number: 015779799, NIP number: 5241702930, email address: r.bartold@pro-logis.waw.pl,
  4. Privacy and Cookies Policy – document outlining, among others, the objectives and rules for collecting data via the Website necessary to provide services by Jastar, as well as for storing and accessing information on the User’s device using cookies to enable services provided electronically by Jastar, available at https://jastar.pl/en/privacy-policy/ 
  5. Terms of Service – this document,
  6. Website – a system of web applications consisting of static and dynamic documents, containing files, including graphic files, scripts, and other components connected by mutual relations, accessible at the domain jastar.pl,
  7. Services – services provided by Jastar using electronic data processing and storage devices via the Website, as described in these Terms of Service,
  8. User – an entity using Jastar’s Services via the Website, whether a private individual not engaged in business or a business entity.

§ 2. General Provisions

  1. Jastar is the administrator of the Website.
  2. These Terms of Service are intended for Users of the Website and specify the conditions for providing Services via the Website by Jastar, as well as rules for using the Website and the complaint handling procedure.
  3. The Terms of Service are available on the Website in a format that allows them to be downloaded, stored, printed, or retrieved.
  4. It is prohibited for the User to provide content other than as specified by the Terms of Service, including advertising or unlawful content, as well as to engage in actions that could cause the Website to malfunction. If Jastar receives notice or credible information about the unlawful nature of data provided by the User, Jastar may restrict access to that data.

§ 3. Type and Scope of Activities

  1. Jastar conducts business activities involving the provision of warehousing, logistics, and co-packing services.
  2. These Services may be provided via the Website, in the form of content transmitted and received through devices and software enabling remote communication, and content transmitted and received using the Internet.

§ 4. User Rights and Obligations

  1. The User is obliged to:
    1. use the Website in a manner that does not interfere with its functioning and in compliance with applicable Polish law, these Terms of Service, and the Privacy and Cookies Policy,
    2. refrain from actions that violate good customs and fair competition principles, particularly from posting unsolicited commercial information on the Website or attempting to access legally protected information that the User is not the intended recipient of,
    3. not provide or transmit content prohibited by applicable law,
    4. not infringe the property rights or personal rights of Jastar or third parties, including other Users.
  2. The User has the right to:
    1. notify Jastar of any infringement of their rights or any violation of these Terms of Service,
    2. notify Jastar of any irregularities, malfunctions, or interruptions in the functioning of the Website.
  3. The User may receive automated communications generated by Jastar’s information systems, marked with appropriate information such as “Automated Message. Please do not reply,” or similar. The User acknowledges that Jastar cannot review the content of responses sent by the User in reply to an automated message.

§ 5. Technical Requirements

  1. To use the Website, the following is necessary:
    1. an Internet connection,
    2. use of a web browser that enables access to online content, such as Microsoft Edge or Internet Explorer version 11.0 or later, Chrome, or Firefox version 15.0 or later,
    3. enabling Cookies and Java Script.
  2. If the User uses equipment or software that does not meet the technical requirements specified above, Jastar does not guarantee the correct functioning of the Website.

§ 6. Complaints Regarding Electronic Services

  1. Jastar undertakes actions to ensure the proper functioning of the Website and is committed to resolving any issues reported by Users.
  2. The User shall promptly notify Jastar in writing or electronically of any irregularities or interruptions in the functioning of the Website.
  3. The User has the right to submit complaints to Jastar regarding issues related to using the Website, particularly regarding the lack of access to the Website.
  4. Complaints should be submitted:
    1. electronically to Jastar’s email address specified in § 1 point 3 of the Terms of Service, or
    2. in writing via postal operator to Jastar’s registered address: ul. Piotra Bardowskiego 10, 03-888 Warsaw, with the notation “Complaint.”
  5. The User’s complaint should include their name, the entity on whose behalf the complaint is submitted, the User’s email address, correspondence address, and a description of the factual situation and objections raised.
  6. Pro-Logis will respond to the complaint within 30 days of its submission. If the complaint is submitted by a Consumer, and Pro-Logis does not respond within 30 days, it shall be deemed that the complaint was considered unfounded.

§ 7. Privacy and Cookies Policy

Information on personal data protection rules, the privacy policy, and cookies used by Jastar on the Website are governed by a separate document—the Privacy and Cookies Policy, as referenced in § 1 point 4 of the Terms of Service.

§ 8. Intellectual Property

  1. Jastar declares that all content provided to the User is protected by intellectual property rights, particularly copyright. All rights not explicitly granted to the User under the Terms of Service are reserved.
  2. The User may only use works and databases contained on the Website within the scope of permissible use under the Act of February 4, 1994, on Copyright and Related Rights. In particular, any copying, reproduction, transmission, modification, or public performance of the provided content without Jastar’s written consent is prohibited unless required by separate agreements or mandatory legal provisions.
  3. In providing Services, Jastar grants a non-exclusive, indefinite, non-transferable license for the User’s own personal needs.
  4. Jastar grants the User permission to print copies or extracts from the Website solely for the User’s personal, non-commercial use.

§ 9. Final Provisions

  1. These Terms of Service come into effect on April 1, 2024.
  2. The Terms of Service are made available to Website Users in a manner that allows them to retrieve, save, print, or record the content using their information system before using the Website.
  3. Jastar reserves the right to block access to the Website or parts thereof for important reasons, particularly in case of irregularities in using the Website or circumstances that could harm the User or Jastar.
  4. Should any provision of the Terms of Service be deemed invalid or ineffective, this invalidity or ineffectiveness does not affect the validity or effectiveness of the remaining provisions. Jastar will make efforts to replace invalid or ineffective provisions with new legally valid provisions.
  5. Jastar shall not be liable for the currency, accuracy, or completeness of third-party information published on or supplied through the Website, or for its usefulness for the User’s purposes.
  6. Jastar shall not be liable for the User’s use of the Website contrary to the Terms of Service, applicable law, or agreements between Jastar and the User.
  7. The User is liable for consequences arising from improperly completing forms available on the Website, especially if incorrect or false data are provided.
  8. The Terms of Service do not preclude Consumers from relying on mandatory provisions of law protecting consumer rights.
  9. A User who is a consumer may pursue alternative dispute resolution mechanisms, in particular by filing a complaint via the EU online platform at: https://ec.europa.eu/consumers/odr/.
  10. In matters not covered by the Terms of Service, the provisions of Polish law, including the Civil Code and the Act on the Provision of Electronic Services, as well as other applicable provisions of Polish law, shall apply.
  11. Disputes arising from the interpretation or performance of the Terms of Service shall be settled by competent Polish common courts.
  12. Jastar reserves the right to amend the Terms of Service. Jastar will notify Users of any planned amendments to the Terms of Service by posting information on the Website at least 7 days before the amendment takes effect.
  13. These Terms of Service replace all prior regulations concerning electronically provided services.
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