Terms & Conditions

§ 1 General Provisions

  1. The Owner and the Operator of the Platform named Automa.Net is Automa.Net Spółka z ograniczoną odpowiedzialnością based in Rzeszów, ul. Małopolska 1/203, 35 - 620 Rzeszów, entered into the register of entrepreneurs kept by the District Court in Rzeszów XII Commercial Department of the National Court Register under the number KRS: 0000897058, REGON: 388750708, NIP: 5170415671, with a share capital of 50.000,00 PLN.
  2. In every matter related to the functioning of the Platform, the User is asked to contact electronically via e-mail address: [email protected] or by calling +48 17 778 34 19.
  3. These terms and conditions are addressed to Users using the Platform.
  4. These terms and conditions are specified in particular:
    • type and scope of services provided electronically,
    • terms and conditions of Services provided electronically, including the technical requirements necessary for cooperation with the ICT system used by the Operator,
    • conditions for conclusion and termination of the Service Agreement,
    • conditions for conclusion of the Service Agreement,
    • complaint procedure.
  5. Each User who uses the Platform is obliged to familiarise themselves with these Terms and Conditions and comply with its provisions. The condition to use the Platform is the acceptance of these Terms and Conditions.
  6. Each User is obliged to comply with rules of social coexistence, and generally applicable social standards, and to respect the good name and legal interest of the Operator and other Users. All activities that result in infringement of copyrights to the content published on the Platform and to the content available through the Platform are prohibited.
  7. The Operator reserves the right to delete the Account or temporarily block Services and the possibility of using the content uploaded on the Platform for Users who violate or do not respect the provisions of the Terms and Conditions, and also infringe in any way the interests of the Operator or other Users.
  8. The Platform is dedicated to companies. Other natural persons may obtain limited access to the Platform, in particular for the purpose of familiarizing themselves with the scope of services offered by the Operator and submitting a request for quotation. Users who are natural persons conducting sole proprietorships declare that the contract for the provision of electronic services (agreement for access to the Automa.Net platform) is of a professional nature for them.

§ 2 Definitions

  1. The following expressions have the following meanings:
    • Cookies - means text files placed by the server on the User’s end device, through which the User uses the website. Cookies are IT data, including, in particular, text files stored on the User’s end device (for example in the memory of a computer, telephone, or tablet) and enable the use of the Platform.
    • Personal Data - means any information relating to an identified or identifiable natural person, in particular, based on an identifier such as name and surname, an identification number, location data, an online identifier, or by one or more specific factors determining the physical, physiological, genetic, psychological, economic, cultural or social identity of the natural person.
    • Registration Form - means the interactive form available on the Platform, enabling the creation of an account, required to provide Personal Data by the User.
    • Civil Code - means the Act of 23 April 1964 Civil Code.
    • Account - means an individualized collection of ICT resources, allowing the User to use the Platform after registering on the Platform and providing necessary data.
    • Materials - means text, photos, graphics, datasheets, logos, trade names, and slogans made available on the Platform by the User.
    • Buyer - means the User, who has an active account, logged into this account and as a result of searching Distributors’ Inventory, has made an offer.
    • Offer - means a proposal made by the Buyer to purchase Goods specified in the uploaded Inventory, made via the Platform as a result of searching the Inventory.
    • Membership subscription offer - means an offer to purchase a specific type of Membership made by the Operator to the User.
    • Inventory - means Goods and information prepared and uploaded by the Distributor on the Platform, specifying, in particular the type and number of Goods that the Distributor intends to sell.
    • Subscription period - period during which the paid Services included in the Membership are made available to the User.
    • Subscription fee - a periodic payment charged by the Operator for using paid Services provided to the User as part of the selected Membership, the amount of which is specified in the Price List.
    • Catalog of Goods - means a set of data about a specific Good published on the Platform, created on the basis of Materials made available by Users on the Platform.
    • Grouped Adverts of Goods - means a list created by combining all adverts of a specific Good.
    • Webshop PPC campaign - means paid advertising campaign allowing to redirect the User from the portal or public pages to product pages at Distributor’s website.
    • CPC (cost per click) - means a billing model used in the PPC campaign in which the Operator receives a predetermined amount for each click on a link published on the Platform or public pages, redirecting User’s to product pages at Distributor’s website.
    • Membership - a Membership of paid Services selected and ordered by the User, provided by the Operator to the User on the Platform.
    • Platform - means online platform available at the address portal.Automa.Net maintained by the Operator.
    • Privacy Policy - means a document containing information about the scope of data processing, rules and methods of processing personal data of those who are using the Platform and rights of these people. Privacy Policy is available on the website Automa.Net.
    • Distributor - means a User, who has an active account, logged into its account, and has the possibility to upload its stock inventory on the Platform to sell Goods.
    • Company - means an entity that buys Components or/and keeps stock of Components, in particular Distributors, Brokers/Dealers, Wholesalers, Webshops, Marketplaces, and System integrators. A Company have the status of Distributor and/or the Buyer in the Platform or the Agreement.
    • Terms and Conditions - means these Terms and Conditions, are available on the website Automa.Net.
    • Goods - means the Distributor’s products offered on the Platform that might be the subject of the Agreement.
    • Offer procedure - means the procedure for concluding the Agreement, consisting of the independent selection of the Buyer by the Distributor from among the Offers submitted in response to the Distributor’s Inventory.
    • Service Agreement - means a contract for the provision of electronic services between the Operator and the User in connection with the use of the Platform on the terms specified in the Terms and Conditions.
    • Agreement - means a sales contract between the Distributor and the Buyer on the basis of an offer made by the Buyer to the Distributor, as well as on the basis of the quote created by the Distributor (in response to the buyer’s request for quotation) and accepted by the Buyer.
    • Order - an order placed by the Buyer via the “accept and pay” option on the Platform, requiring confirmation of execution by the Distributor
    • Service - means the services provided electronically by the Operator to the User via the Platform.
    • User - means the Company’s representative that has an account, and uses Services provided by the Operator on the Platform.
    • Special Offer - the feature that allows to publicly share what parts or machines the Company has a special offer on or items that the Company wants to sell in bulk.
    • Payment Service Provider - online payment provider. Information about available Payment Service Providers is provided on an ongoing basis in the payment regulations
    • Deal - Each agreement initiated by making a request for proposal through the Platform or externally but transferred to the Platform’s DEALS dashboard, regardless of the successful execution of the Agreement.

3 Basic conditions of using the Platform

  1. The Platform allows users to upload, search Inventory and conclude an agreement between Users. To eliminate any doubts, the Operator declares that it is not a party to such Agreement, does not interfere with the terms of such agreements, and does not participate in their implementation.
  2. The Operator uses „Cookies” files which are saved by the Operator’s server on the hard disk of the User’s end device when the User uses the Platform. The use of „Cookies” files is intended to correct the proper functioning of the Platform on the User’s end device. This mechanism does not destroy and does not cause any configuration changes in the User’s end device or the software installed on these devices. Each User can disable „Cookies” files in the browser of its end device. The Operator indicates that disabling Cookies may cause problems in the use of the Platform or impossible to use the Platform.
  3. To use the Platform it is necessary for Users to:
    • have an active company’s email on the company’s domain;
    • have an active account;
    • have a device with internet access such as a PC, laptop, or mobile device such as a tablet or smartphone, equipped with:
      • Windows operating system in the latest version or 3 versions back;
      • Android operating system in the latest version or 3 versions back,
      • the iOS operating system in the latest version or 3 versions back,
    • use one of the following browsers:
      • Firefox operating system in the latest version or 2 versions back,
      • Google Chrome operating system in the latest version or 2 versions back,
      • Safari operating system in the latest version or 2 versions back,
      • Microsoft Edge operating system in the latest version or 2 versions back,
  4. The Platform is responsive and dynamically adapts to every screen resolution.
  5. The Operator is not a provider of data transmission services. The costs of data transmission are required to conclude the Service Agreement and to use the services provided within the Platform, also the costs of voice calls are covered by Users on their own, on the basis of separate agreements concluded with telecoms operators or other ISP.
  6. The Operator will make every effort to ensure that data transmission over the internet as part of using the Platform is safe, it means that the information is sent with the confidentiality, entirely and completeness of the transmitted data.
  7. The Operator declares that regardless of its actions taken to secure the Platform, due to the public nature of the internet, Users should take into account the risk of obtaining and modifying their data by unauthorised persons. Users should also, to increase the security of their equipment and data, use appropriate technical measures that will minimise the above mentioned threats by using antivirus and identity protection programs while using the internet.
  8. The Operator shall not be liable for technical problems or technical limitations in the User’s hardware or internet connection used by the User, which prevents the User from using the Platform.
  9. The Operator declares that if the Platform needs maintenance or changes to its operation, some or all functionalities may be temporarily unavailable.
  10. The Platform may contain hyperlinks to other websites managed by a third party, inc. User’s websites or online stores. The User uses the third-party resources at its own risk. The Operator is not responsible for the accuracy, timeliness, and completeness of the data contained on the third party’s websites, which can be accessed via hyperlinks. The User after clicking the hyperlink is obliged to familiarise himself with the third party’s terms and conditions and privacy policy.
  11. The Platform is available 24 hours per day, 7 days a week.

4 Services provided by the Operator within the Platform

  1. Services are provided according to these Terms and Conditions.
  2. The Platform allows to:
    • contact the Operator;
    • register and open an account;
    • use the search engine on the portal (Portal.Automa.Net) by logged in Users;
    • use the system to upload and search the Inventory;
    • introducing announcements about the desire to purchase specific Goods,
    • establishing dedicated commercial conditions with specific Companies in relation to the entire offered Inventory or its designated part;
    • establishing dedicated payment conditions with specific Companies;
    • create and manage the User’s company profile in the company directory;
    • conducting correspondence with the Distributor or Buyer via the Platform,
    • conclude the Agreement between Users, also by enabling the use of the functionality of the Buyer’s declaration of purchase by selecting the “accept and pay” option and confirming the order by the Distributor,
    • submitting questions about the method of using the Platform or the principles of its operation, and communication in the above scope will be conducted during working hours using the tawk.to tool, the principles of operation of which are specified at: https://www.tawk.to/legal/,
    • using an external supplier of the Operator to make settlements with other Companies under the terms set out in these Terms and Conditions.
  3. The Platform allows the User to use the following services:
    • Account Service, including Registration form which allows registering an account;
    • Newsletter Service;
    • using the platform in the scope of Membership the Company on behalf of which he acts.
  4. A detailed description of the services offered is available on the Platform. It may change as the scope of the Operator’s offer develops.
  5. The User, as part of the Membership, depending on the selected Membership, may use the following functionalities:
    • RFQ - Request For Quotation. Sending inquiries;
    • Goods search engine, available only to Users;
    • Search engine of other Companies;
    • A page allowing for the introduction of rules of cooperation with other Companies - „Settings”;
    • A page for inventory management - the User may add its inventory through manual export or automatic (FTP or sFTP) or API. The User has to use the completed form available on the website or on the homepage of the Platform in the dedicated tab;
    • A page for introducing announcements about the desire to purchase specific Goods,
    • A page allowing the introduction of Special Offers,
    • A page enabling the establishment of dedicated commercial terms, including payment terms and delivery terms, in relation to specific Companies established using the Platform,
    • Uploading and searching the Inventory,;
    • Publishing the Goods that the User uploads on the Platform in the popular search engine such as Google or Bing - service „Public Search RFQ”;
    • Set up an automatic response to the request of quotations using rules settings and AI,
    • Create quotes automatically using provided inventory data,
    • DEALS API - This service gives access to the following functionalities:
      • Inventory-API - allows to send, edit, and delete inventory in real-time;
      • Search-API - allows users to search and receive search results in the User’s infrastructure in real-time.
    • Webshop PPC campaign - allows Users who have an active “Webshop PPC” add-on to publish links redirecting to product pages on their websites. Links can be displayed in search results generated using the search engine portal.automa.net available only to logged-in users.
  6. The possibility of using of Webshop PPC campaign depends on a separate agreement between the Operator and the User indicated in par. 8 sec. 14 and having an active “Webshop PPC” add-on.
  7. The possibility of using and the scope of functionalities other than the Webshop PPC campaign referred to in Sec. 5 depends on the selected and paid Packages of Membership indicated in § 5 below.

§ 5 Packages

  1. On the Platform the Operator offers Users a choice of one of the following Packages:
    • Standard;
    • Business;
    • Enterprise;

§ 14 Payment processing costs

The payment processing costs is charged to the Operator each time the contract is concluded as part of the Transaction using a payment method provided on the Platform by the Payment Service Provider. The amount of the payment processing costs depends on the final price or type of the Goods and contractual conditions with the Company, including the selected Package. The payment processing costs are collected on the terms described in the Payment regulations (which constitute Appendix no. 1 to this Terms and Conditions).

§ 15 Complaints regarding services provided electronically

  1. Any claims for incorrect performance of the Service Agreement by the Operator should be reported to the Operator via e-mail: [email protected].
  2. The User will receive the confirmation of submitting the claim to the e-mail address provided during the registration of the Account.
  3. Submitting a complaint should include name and surname, User name, e-mail address, in the case of using the Platform via mobile devices the name and the model of the device on which the problem with the functioning of the Platform occurred, as well as the name and the version of the operating system installed on this device, as well as a brief description of the problem.
  4. Correctly submitted complaints will be considered immediately.
  5. The Operator will inform the User about the method of consideration of the complaint via email.
  6. If the data or information provided in the complaint need to be supplemented, the Operator asks the User to supplement them before considering the complaint. The time of providing additional explanations by the User extends the period of considering the complaint.
  7. If the Operator finds the submitted complaint justified the User has the following rights:
    • Extending the subscription for a period corresponding to the period of unavailability of the service.
  8. In the event of complaints concerning the services provided by the third parties including those related to making payments through a Payment Agent, the User should submit a complaint directly to the third party providing the services. In this case, complaints are considered by these entities on the terms and the manner specified in their terms and conditions.

§ 16 Obligations of the User

  1. Users are obliged to use the Platform in accordance with applicable law, these Terms and Conditions as well as the principles of social coexistence including general rules of using the internet as well as with respect for the rights of third parties and the Operator.
  2. The User is obliged not to provide illegal or offensive content, the content of which transparency has been excluded, content that violates the personal rights of third parties, incites to commit a crime, as well as vulgar statements or in any way violate applicable social and moral norms, rules of social coexistence on the Internet (netiquette), as well as advertising content without the prior consent of the Operator. In particular, it is forbidden to:
    • disrupt, block, overload, interrupt, slow down, hinder the normal functioning of all or part of the Platform;
    • publish materials and content violating the rights of third parties including intellectual property rights;
    • publish vulgar materials and content, or containing profanity or content generally regarded as offensive;
    • promote totalitarian regimes and symbols related to them, inciting hatred or committing a crime;
    • publish and use personal data of other people and their images without legal grounds;
    • deliver malware;
    • interfere in any way with the content and appearance of the Platform; carry out reverse engineering processes in the field of reverse engineering, decompilation, disassembly, decryption, disassembly, translation, deconstruction, adaptation, and the use of other methods of discovering the source code or interfering with the Platform in any other way;
    • undertake spamming activities as well as activities qualifying as an act of unfair competition or unfair market practice;
    • publishing links to pages and files containing any of the abovementioned content.
  3. Users are obliged to immediately notify the Operator of any violations (or threat of violation) of their rights or the rights of third parties in connection with the use of the Platform. All notifications should be reported via email: [email protected].
  4. The User is not allowed to interfere in any way with the content and appearance of the Platform.
  5. The Operator reserves the right to claim damages to compensate for damages, which arise in connection with the User’s failure to comply with the Terms and Conditions. The above is independent of civil liability towards third parties and criminal liability which may arise in such cases.
  6. Each User has an FTP folder with login data assigned to the Account, which should be particularly protected by the User. The Operator is not responsible for the loss of data contained in the FTP folder in the event of their loss or removal by the User or third party.
  7. The User is not allowed to use web scrapping tools to download any data from Portal.Automa.Net portal or Automa.Net public pages. The User can do so via the official Automa.Net API.

§ 17 Responsibility of the Operator

  1. The User or the Company uses the Platform voluntarily.
  2. The Operator shall not be liable or responsible to Companies or Users or third parties for any damages related to the use of data contained on the Platform or inability to use the Platform, regardless of the reason. The Operator excludes its liability towards Companies or Users for damages resulting from lack of continuity in the provision of services, including those resulting from circumstances for which the Operator is not responsible or liable (e.g. force majeure, DDoS attacks, unavailability of infrastructure resulting from the fault of the hosting provider or the platform itself).
  3. The Operator is not liable or responsible for the malfunction of the User’s devices resulting in the inability to use the Platform, as well as for the consequences of non-compliance with the technical requirements referred to in § 3 sec. 2 of the Terms and Conditions by the Users and End Users.
  4. The Operator’s liability or responsibility towards the User, who suffered damage in connection with using the Platform and/or in connection with the service provided by the Operator is limited only to the actual damage and does not include lost profits and to the amount of the remuneration received by the Operator from the User for using the Platform.
  5. The Operator conducts ongoing supervision over the technical functioning of the Platform, ensuring its correct operation, but does not guarantee that the Platform will be error-free and that it will operate without disruption.
  6. The Operator is not liable for:
    • using the Platform by the User in a manner that is contrary to the Terms and Conditions, in particular, is not liable for damages caused as the result of providing untrue data and information by the User;
    • effects resulting from the use of a login and a password to the Account by the third parties, which may consist of the implementation of instructions submitted via the Platform by an unauthorised person;
    • technical limitations or problems in ICT systems used by Users’ devices that prevent or restrict Users from using the Platform;
    • loss of data caused by hardware, IT system failure or other circumstances independent of the Operator;
    • any damages or viruses that may infect hardware or any other property of the User as a result of accessing the Platform or downloading any content from the Platform.
    • any failure or delay (including but not limited to the use or inability to use any part of the Platform);
    • unsatisfactory quality and performance of the Platform.
  7. The Operator ensures availability of Services provided via the Platform at the level of 99% except for pre scheduled technical breaks and technical breaks notified at least 7 days in advance, about which will inform by displaying relevant messages on the Platform or via email.
  8. The Operator declares that it does not provide any guarantees and warranties as to the accuracy or content of any Inventory and content published on the Platform that the User downloads from the Platform, or whether any content or Materials will be available. The Operator also declares that it does not provide guarantees and warranties as to the purchase of defective or counterfeit products via the Platform - the Operator is not liable or responsible for the above.

§ 18 Copyrights

  1. The Operator has all intellectual property rights to the Platform and its individual parts, therefore the use of the Platform in a manner or for a purpose inconsistent with the Terms and Conditions or the provisions of generally applicable law is prohibited and results in the User’s liability to the Operator.
  2. It is indicated in particular that:
    • the program (including the source code), on which the operation of the Platform is based and its interface (graphic and functional layer seen by the User), also all graphic elements, multimedia, and creative functional elements of the Platform are subject to copyright protection;
    • The protection of confidentiality as part of the protection of know-how and business secrets covers all elements of the Platform, including the ideas and solutions used on the Platform.
  3. Upon commencing the use of the Platform, the Operator grants the User a non-exclusive, free, non-transferable licence i.e. without the right to grant sublicense to use the Platform in accordance with its intended purpose. The licence is granted only to the extent resulting from the Terms and Conditions and does not authorise the User to use the Platform for purposes other than those specified in the Terms and Conditions. Performance of the Service Agreement includes making the Platform functionalities available to its Users via the Internet or other computer networks, mobile networks, and in any other way including via telecommunications or satellite to provide Services, improve the functioning of the Platform, develop the Platform, exchange information, promote and advertise, as well as part of Services provided by the Operator to third parties.
  4. In addition, privileges referred to in sec. 3, the User has no right to reproduce, sell or otherwise market or distribute the Platform in whole or in part, in any form, in particular, transmit or make available in computer systems and networks, or any other communication and information systems.
  5. By using the Platform, the User is obliged to provide the Operator and publish on the Platform his materials or Materials for which he has an appropriate legal basis, including in particular photos, graphics, visualisations, and projects that will be provided as part of the performance of the Service Agreement, in particular, he undertakes to have all proprietary copyrights and industrial property rights to them, to the extent that their placement on the Platform and their use by the Operator does not violate any rights of third parties.
  6. The User declares that:
    • has all rights including proprietary copyrights, related rights, industrial property rights including in particular protection rights to the trademarks, the right to register industrial designs, to Materials published on the Platform or provided to the Operator to perform the Service Agreement, and that the use of this content will not infringe the rights of third parties;
    • gives consent to disseminate its image by the Operator, and in the case of using any images of third parties on the Platform, declares that obtained the appropriate consent of these persons for such dissemination of their image, and informed them about publishing their image on the Platform before such publishing or providing to the Operator;
    • gives consent to disseminate Materials and information about the User on the Platform and in Operator’s promoting and marketing materials;
    • Once Materials are published, the User grants the Operator a free, non-exclusive, unlimited in time and territory licence to use intellectual property rights, including proprietary copyrights to works within the meaning of the Act on Copyright and Related Rights, i.e. Materials in order to perform the Service Agreement. The User grants the Operator a licence in the above scope in the following fields of exploitation:
      • use, display, transfer, and storage of Materials regardless of format, system, or standard;
      • right to permanent or temporary fixation or reproduction of Materials in whole or in part by any means and in any form, regardless of the format, system or standard, including entering into computer memory and permanent or temporary fixation or reproduction of such records, including making copies thereof and any use and disposing of these copies, also by recording and making copies on any kind of paper, electronic, magnetic or optical media;
      • right to disseminate, including entering records of Materials into the memory of computers and computer network servers, including those generally available such as the Internet and via telecommunications networks (including the Internet and GSM networks) in any way and using any technology, in particular by disseminating in a way that everyone can have access to Materials at a place and time chosen by them and other methods of exploitation in telecommunications networks, regardless of the possible methods of limiting access;
      • public display and presentation, including through the mechanisms of automatic playback of Materials on the websites;
      • placing on the market recording media of all kinds, as well as publishing publications based on Materials or with their use;
      • creating new versions and adaptations (translation, adaptation, modification or any other changes);
      • the right to public dissemination of Materials;
      • the right to disseminate, including saving the Materials into the memory of computers and computer network servers, including those generally available such as the Internet, and to make them available to users of such networks;
      • transferring or transmitting Materials between computers, and servers, by all kinds of means and techniques;
      • the authorization to derive and make modifications of Materials as well as the disposal and use of such studies in all fields of exploitation specified in this agreement;
      • using the Materials for any purpose, including for marketing, promotion, advertising, sponsorship, and sales promotion, as well as for the designation or identification of products and services and other activities, as well as for educational or training purposes.
  7. is fully entitled to grant a licence to the Operator, based on the conditions described above, as well as to use the content and images on the Platform by publishing, presenting, promoting and advertising them on the Platform.
  8. gives consent to make the derivative work of Materials by the Operator and to use such derivative work to the extent to which the Operator is entitled to use Materials and to grant further consents to the extent corresponding to the licence granted to the Operator.
  9. gives consent to exercise the moral rights to Materials by the Operator and declares that it will not exercise these rights in relation to the Operator and entities to which the Operator will grant further licences.
  10. The User retains all personal rights and titles related to Materials published by him unless transfers the rights to them under a separate agreement. The User also retains the right to use, reproduce and distribute Materials on his own.
  11. In the event of an infringement of rights of third parties as a result of the User’s actions, the Operator - at the request of authorised bodies (e.g. a common court) - is obliged to disclose and provide all information about the infringing User.
  12. The User shall immediately enter into any dispute and satisfy or lead to the withdrawal or dismissal of all claims regarding infringement of intellectual property rights and/or protection right for a trademark/logotype, or other rights of third parties, which will be used u

APPENDIXES

1. Appendix no. 1 - Request Board2. Appendix no. 2 - Surplus Auction3. Appendix no. 3 - Marketplace