Terms & Conditions
Chapter I – General Provisions
If anywhere in the Regulations governing the provision of services by electronic means of communication appears a reference to:
- Customers Database – it shall be understood as the collection of all data, including personal data, transferred to the Service Provider during the Customer’s Account registration process, Customer authorization and the use of TakeIt! platform;
- Freight Exchange – it shall be understood as one of the functionalities of TakeIt! system allowing the Customer to obtain information about available vehicles and indicative routes, and in the case of a Professional Customer allowing also to post information about available vehicles and planned routes;
- Customer’s Account – it shall be understood as a collection of resources and authorizations within the TakeIt! system attributed to a Customer, identifiable by a unique username (login) and password;
- Subscription Period – it shall be understood as a period for which the order for the provision of Paid Services covered in the Regulations is placed by the Customer
- Billing Period – it shall be understood as the period of a calendar month for which the Service Provider issues a VAT invoice for the provision of Paid Services specified in the Regulations and ordered in the Contract; when a Paid Service is provided for a period shorter than a calendar month, the Billing Period shall correspond to the period during which the Service was provided;
- Software – it shall be understood as every software offered by the Licensor available on the TakeIt! platform, including the mobile platform TakeIt! with a system of filtering the incoming information and its subsequent updates and additions, and the Customers Database, provided by the Licensor under the License Agreement;
- Regulations – it shall be understood as the present Regulations governing the provision of services by electronic means of communication;
- TakeIt System – it shall be understood as an online information-retail service belonging to the Service Provider, accessible through a website https://takeit-transport.com/, covering all services, information and documents referred to in the Regulations and its Annexes;
- Contract – it shall be understood as a contract for the provision of services within the TakeIt! System;
- License Agreement – it shall be understood as an agreement under which the Customer acquires the rights to use the TakeIt! System to the extent defined in the Regulations; the Customer accepts the License Agreement when registering the Customer’s Account;
- Professional Customer – it shall be understood as a natural person, an organizational entity without a legal personality, which has been attributed by the Law a legal capacity or a legal person status, running a business related to transport or forwarding branch, and which has a registered account in the TakeIt! System;
- Ordinary Customer – it shall be understood as a natural person or a legal entity referred to in paragraph 11 above, which, however, is not running a business, in particular related to transport or forwarding branch;
- Customer – it shall be understood as a Professional Customer or an Ordinary Customer who has a registered account in the TakeIt! System;
- Service Provider – it shall be understood as TakeIt LLC running with registered office in 2120 Carey Ave, Cheyenne, WY 82001, USA, EIN 2016-000715014.
- Services – it shall be understood as services provided electronically within the meaning of the Act on electronic services of 18 July 2002. (consolidated text Dz. U. of 2013. pos. 1422 with latter amendments), which are provided by the Service Provider to the extent and in the manner specified in the Regulations;
- Paid Services – it shall be understood as the services specified in the Regulations, for which a fee is collected by the Service Provider in accordance with the price list attached as Annex 4 to the Regulations;
- Contract – it shall be understood as an agreement governing the provision of services by electronic means of communication of 18 July 2002. (consolidated text Dz. U. of 2013. pos. 1422 with latter amendments).
- The Regulations are the rules for providing services by electronic means within the meaning of the Act.
- The regulations define in particular:
- the types and scope of Services provided electronically by the Service Provider;
- the conditions for the provision of electronic Services by the Service Provider, including:
- technical requirements necessary to support the ICT system used by the Service Provider,
- ban on the provision of illegal content by the Customer;
- the conditions for concluding and terminating Contracts;
- the complaints procedure.
- The provisions of the Regulations, supplemented by the provisions of the License Agreement, define the rights and obligations of Customers. In the case of divergence between the content of the Contract and the provisions of the Regulations, the provisions of the Contract and of other possible individual arrangements shall prevail.
- During the registration of the Customer’s Account, the Customer is obliged to familiarize themselves with the terms of the provision of electronic services by the Service Provider specified in the Regulations, and shall confirm that they are familiar with the provisions of the Regulations and the License Agreement and that they agree to them.
- In order to efficiently use the TakeIt! System and additional Software, it is necessary to apply the devices allowing to use the Internet resources, e-mail and browser enabling the display of Web pages (we recommend using an Internet Explorer version 7.0 or later with “cookies” and java script enabled).
The types and scope of Services provided by the Service Provider
- The Service Provider provides Services in the form of ICT platform for the exchange of information on available vehicles, commodities and planned routes, which consists of Services offered within the TakeIt! System; specific terms and conditions for using the TakeIt! System are specified in Annex 2 to the Regulations
- There is a fee for the use of TakieIt! system. Each Customer shall be entitled to put on the freight exchange 5 packages in a month for free.
Conditions for concluding and terminating Contracts governing the provision of services by electronic means of communication. The fees.
- The Contract is concluded by entering into the License Agreement and by starting using the Services. At that time, subject to the provisions of paragraph 2 of this Article, the Customer is entitled to use all Services.
- In the case, however, when the Customer intends to use the Paid Service, it shall be made available to the Customer by the Service Provider after paying a fee specified in the price list attached as Annex 4 to the Regulations; the Customer can access and benefit from the Paid Service throughout the Subscription Period for which they paid. If the Service Provider fails to make available the Paid Service for a Customer who did not pay for it, the Customer has no rights to make any claims against the Service Provider.
- Making a choice by the Client on whether they want to use the Paid Services, and which one they want to use, requires selecting the Service in an order form, which is available in the appropriate tab of TakeIt! System. After sending a completed order form, which is done by clicking “send”, a VAT invoice will be sent on the Customer’s e-mail address; the Customer by sending an order form gives their consent to the use of electronic invoicing by the Service Provider within the meaning of Article 2 Section 32 of the Act of 11 March 2004 on the tax on goods and services (consolidated text Dz. U. of 2011 no. 177 pos. 1054 with latter amendments). The VAT invoice date is the date of posting an invoice on the Customer’s Profile or the date of sending the invoice on the Customer’s e-mail address. The Service Provider will provide the Customer with a Paid Service no later than on the next business day after paying the Subscription. The date of payment shall be understood as the date of receipt of money to the bank account of the Service Provider.
- The Contract on the provision of Paid Services is concluded for a definite period of time resulting from the Subscription Period chosen by the Customer. The Contract on the provision of other Services than the Paid Services is concluded for an in definite period of time.
- It is allowed to individually agree on the rights and obligations of the Service Provider and the Customer, as well as the terms and scope of the provision of the Services by the Service Provider.
- With the provision of the Paid Services, the Customer is obliged to pay a fee in accordance with the price list attached as Annex 4 to the Regulations and the chosen type of Subscription.
- The fee paid to the Service Provider by the Customer in accordance with the chosen type of Subscription is indivisible. The reimbursement of fees (subscription) is therefore possible only in the cases specified in the Regulations.
- In the case of Contracts concluded for a fixed term, neither party can terminate it before the expiry of the period for which it was concluded, subject to paragraph 2 and 3 of this Article.
- The Service Provider is entitled to terminate the Contract concluded for a fixed term with immediate effect when:
- The Customer does not make a payment within 14 days from placing the order referred to in § 4 paragraph 3 of the Regulations;
- The Customers actions lead to the misconduct or the breach of obligations or prohibitions referred to in § 2 paragraph 12 and § 6 paragraph 4 of Annex 1 to the Regulations and in point V section 6 of Annex 2 to the Regulations;
- The Customer does not pay the full amount of Subscription for two billing periods.
- The Customer has the right to terminate the Contract concluded for a fixed period and for an indefinite period if they do not agree with the changes made to the Regulations; the statement of termination must be submitted by the Customer, under the penalty of ineffectiveness, within 30 days from the date of publication of amendments to the Regulations on the Service Provider’s website or from the date of receipt of the notification from the Service Provider about changes being made to the Regulations. The statement of termination of the Contract in the situation referred to in this provision shall become effective upon its receipt by the Service Provider.
- The Service Provider has the right to terminate the Contract concluded for a fixed period and for an indefinite period if the Client does not agree to changes made to the Regulations. The Service Provider may use this right within a period of 21 working days from the date of notification by the Customer of not accepting the changes. The statement of termination of the Contract in the situation referred to in this provision shall become effective upon its receipt by the Customer.
- W5. In the cases referred to in paragraph 2 subparagraph b) and paragraph 3 and 4 of this Article, after having provided the bank account number by the Customer, the Service Provider shall refund the Customer the amount paid for unused Subscription, the amount to be refund shall be calculated proportionally to the period remaining to the end of the Subscription purchased by the Customer (the basis for calculating the amount to be reimbursed is the cost of Subscription selected by the Customer without deducting it for the amount of granted promotions or discounts);
- The Customer and the Service Provider shall be entitled to terminate the Contract concluded for an indefinite period with a 1 month notice period
- The termination of the Contract by the Customer or the Service Provider requires a statement on the matter in written or electronic form. The Customer shall send their statement of termination of the Contract on one of the Service Provider’s addresses indicated in § 7, paragraph 2 of the Regulations, and the Service Provider shall send their statement on the Customer’s address that they provided in the account registration process.
The complaint procedure
- The Customer may lodge a complaint in connection with the provision of Services by the Services Provider in accordance with the provisions of this Chapter.
- The complaint shall be made:
- in writing; in this case, the complaint shall be sent on the Service Provider’s address indicated in § 1, point 14 of the Regulations; or
- by e-mail on the address firstname.lastname@example.org.
- Each complaint shall include
- name and surname or the name of the company and address of residence or registered office of the Customer,
- description of the subject matter of the complaint
- presentation of circumstances justifying the complaint, including the date and time of the event giving rise to the complaint
- identification of the person lodging the complaint.
- It is recommended to use the complaint notification form that can be found in the complaint tab.
- T6. If the submitted complaint does not meet the requirements mentioned in paragraph 3 of this Article, or when further information from the Customer is needed in order to process the complaint, the Service Provider shall require from the Customer to tackle the shortcomings of the complaint or to submit further information necessary for its processing by setting for this purpose an additional 14-day period. A request to tackle the shortcomings of the complaint or to submit further information shall be delivered to the Customer by the Service Provider in the form in which the complaint was lodged. The 14-day period to tackle the shortcomings of the complaint or to submit further information to process the complaint shall run from the date of, respectively, receiving the request by the Customer (in case of dispatch of the request in writing) or sending an e-mail on the address of the Customer (in case of dispatch of the request in electronic form). The customer may respond to the request in one of the forms referred to in paragraph 2, and in the event of using the written form, the answer to the Service Provider’s request shall be deemed to have been lodged within the time limit when the letter containing the response to the request is sent within this period by registered mail or courier.
- In a request sent to tackle the shortcomings of the complaint or to ask for further information to process the complaint, the Service Provider informs the Customer that exceeding the 14-day deadline for tackling the shortcomings or providing further information will make that the complaint will not be considered.
- Ineffective expiry of the period to tackle the shortcomings of a complaint or to submit further information necessary for its investigation results in not considering the complaint. About leaving the complaint without consideration, the Service Provider shall inform the Customer by electronic means of communication (on the e-mail address of the Customer).
- The service provider is obliged to consider the complaint within 7 working days from the date of its receipt. This time limit shall be suspended in the case referred to in paragraph 6. The Service Provider reserves the right to extend the term for complaint indicated in the first sentence of this paragraph if the consideration of a complaint needs additional analysis, opinions, research or investigations; the Service Provider shall inform the Customer about the extension of the deadline for consideration of the complaint and its cause.
- The Service Provider shall inform the Customer about the consideration of a complaint in the form in which the complaint was lodged.
- In the case that the Customer does not agree with the content of the considered complaint, they are entitled to request a retrial. The request for a retrial must be filed to the Service Provider within 14 days from the date of receipt of the response to the complaint by the Customer. The request for a retrial is governed by the respective provisions relating to the complaints.
- Subject to the situation referred to in paragraphs 6-8 of the Regulations, the Service Provider leaves a lodged complaint without consideration in the following cases:
- it is lodged after 30 days from the date of the disclosure of the base for the complaint,
- submitted complaint relates to the same incident, which was the subject of a complaint already dealt with by the Service Provider in accordance with the Regulations,
- the complaint does not include the data, on the basis of which the complainant could be identified
- the complaint is made by a person who is not the Customer in accordance with the Regulations,
- the complaint contains offensive or commonly recognized as vulgar content. The Service Provider shall notify the Customer about leaving the complaint without consideration, except for cases described in subparagraph c), at the same time stating the reason for leaving the complaint without consideration.
The Service Provider liability
In the event that between Customers or between the Customer and a third party occurs a conflict in connection with the conclusion, lack of conclusion, lack of performance or improper performance by the Customer of any Contract with another Customer or a third party during or in connection with the use of Services, the Service Provider shall work with the party or parties to resolve such a conflict by conciliation, and provide, at the request of the Customer, unless it violates the law, all the information and documents related to the transaction parties and the transaction itself.
Protection of copyright. Personal data
- All copyrights, and similar or related rights to the Software and TakeIt! System belong to the Service Provider.
- The conclusion of the License Agreement does not mean the transition of copyrights or similar or related rights on the Customer, and entitles the Customer only to use the Software on the terms and conditions set forth in the License Agreement.
- 3. The Service Provider reserves the right, and the Customer gives its irrevocable consent to use their trademark and trade name by the Service Provider, including the Customer’s logo for marketing or promotional purposes. The use for the purposes referred to in the preceding sentence of the name of the company, trade name, the Customer’s logo may consist in particular of saving them in the computer’s memory, sharing and using them on the Web pages of the Service Provider, and using them in any other advertising or promotional materials of the Service Provider, regardless of form and method of publication of the advertisement or undertaken promotional activities.
- The Customer also agrees to receive commercial information from the Service Provider within the meaning of Art. 2 Section 2 of the Act. The consent may be revoked by the Customer at any time by submitting a statement on the matter to the Service Provider.
- The administrator of personal data under the Act on the Protection of Personal Data of 29 August 1997 (consolidated text. Dz. U. of 2014 pos. 1182 with latter amendments) is a Service Provider whose registered address was defined in § 1 paragraph 14 of the Regulations. The Customer’s personal data is processed in accordance with the Law and with the purpose to conclude and implement the Contract between the Service Provider and the Customer or to open negotiations and to conclude contracts directly between the Customers. The provision of personal data is voluntary, and each Customer has a right to access their data and correct them. The rules on processing personal data are set out in Annex 3 to the Regulations.
- The Annexes to the Regulations include:
- Annex nr 1 – rules for creating the Customer’s Account
- Annex nr 2 – detailed terms and conditions of using TakeIt! platform,,
- Annex nr 3 – principles of processing data of Customers;
- Annex nr 4 – price list;
- The Annexes to the Regulations are its integral part.
- In all cases not regulated by these Regulations, generally applicable Law shall apply; the provision of Services shall be governed by the Polish Law. Any conflict arising out of or related to the Regulations or the Contract concluded by the Service Provider with the Customer shall be resolved by the Polish court having the jurisdiction over the Service Provider’s registered office.
- If any provision of the Contract concluded by the Service Provider and the Customer, by Law or by final judgment, respectively, of a relevant authority or court shall be deemed to be invalid or unenforceable, the remaining provisions of the Contract retain their full force and effect. The provisions found to be invalid or unenforceable, according to the preceding sentence, shall be replaced with others that will produce legal effects as close to the original in their content and meaning as possible.
- he Regulations and its Annexes are published on the website of the Service Provider in the tab “Regulations”. Anyone can download the content of those documents, reuse and store it.
- The Service Provider has the right to unilaterally amend the Regulations (or individual Annexes). The amendments shall enter into force within 30 days from the day they are published on the https://takeit-transport.com website belonging to the Service Provider, and from the day the Customer is informed about the changes, subject to the last sentence of paragraph 7 of this Article.
- In the case where the Customer does not accept the new Regulations, they are obliged to report this fact to the Service Provider within 30 calendar days from the date of notification about the changes in the Regulations. Ineffective passing of this deadline shall be understood as a consent to the changed content of the Regulations. In the case of the lack of acceptance for the amendments to the Regulations (or its new content), the Customer may make use of the power specified in § 6 paragraph 3 of the Regulations, and the Service Provider may make use of the power specified in § 6 paragraph 4 of the Regulations. Until the expiration of the term for the submission of a statement in which the customer states that they do not accept the changed Regulations, or, in the case of a Customer who submitted such a statement in a 21-day deadline during which the Customer may terminate the Contract in the manner referred to in § 6 paragraph 4, the provisions of the Regulations shall apply in its original wording.