REGULATION OF MACHINERYLINE.COM.AR SERVICE
- GENERAL PROVISIONS
- This Regulation determines the rules of providing the Users with services available in the Internet service machineryline.com.ar, the rules of access and using its resources and rights and obligations of the service User and Operator.
- Viewing and using the Machineryline Service and purchasing services provided via the website means that the User has reviewed this Regulation, accepts its terms and undertakes to observe the rules included in it.
- If the User disagrees with the Regulation either in full or in part, the Operator asks the User to leave this website.
- All transactions take place directly between the Users.
- The operator is not a party in the transactions between Users, but only provides the trading communication platform for placing advertisements.
- This Regulation has been made on the basis of the legal provisions valid in the territory of the Republic of Poland.
- These terms and conditions used in the Regulation shall have the following meaning:
- Operator – Linemedia Sp. z o.o., with registered office in Nowy Sacz (ul. Józefa Kraszewskiego 6, 33-300 Nowy Sącz), entered in the register of entrepreneurs of the National Court Register (Polish abbreviation: KRS) run by the District Court for Kraków-Śródmieście in Kraków XII Economic Division of the National Court Register, under KRS number: 0000476294, NIP (Tax Identification Number): 7343521044, REGON (National Business Register Number): 122904767, with share capital of PLN 5000, with which the User may contact by means of a form placed in the Contacts tab.
- Machineryline Website means all paid and free services rendered by the Operator in Polish, at the following Internet address: machineryline.com.ar, which is used for viewing and placing advertisements.
- Acceptance means full acceptance of the terms and conditions of the Regulation by the User.
- User means any capable individual person or legal entity or an organizational unit without legal entity who has set up an account and/or logged into the account using the username and password in the mode stipulated by this Regulation and uses the services provided in machineryline.com.ar Service and accepted this Regulation. A legal person acts through its authorized bodies.
- Unregistered User - the term “User” includes as well term/notion “Unregistered User” provided that restrictions the use of the Machineryline Services by Unregistered Users apply. Additional terms and conditions for corporate (dealer) account Users are described in Addendum 1 hereto;
- Goods - a tangible property including the following categories of automotive products: trucks, tractors, trailers, semi-trailers, tank trucks, buses, vans, campers, special vehicles, warehouse machinery, agricultural machinery, street-cleaning machinery, spare parts and equipment, tires and wheel rims, equipment and an intangible property associated with the provision of a service. The term "Goods" in the meaning of this Regulation also includes services related to such Goods, namely leasing, services for inspection of the Goods, services for the safe delivery of the Goods and other services relating to the Goods available on the Website.
- Service means any operation associated with the provision of a service that is consumed in the process of committing a particular act or pursuing a particular activity to meet the individual needs of the User.
- Machineryline Services – all services, paid and free of charge, provided by the Operator on the website (including, but not limited to All functions, text, data, information, software, graphs or photographs, drawings, etc.), as well as all other services provided by the Operator using the functionalities of the website.
- Account means the electronic part of the machineryline.com.ar service, available to the User after their registration, through which the User can perform specific actions within the Machineryline Service in User’s personal account. The account can be used only by one User.
- Registration means a special procedure in which the User provides necessary information to use Machineryline Service by creating personally an account on the Website or by providing the necessary information to the Operator by email in order to create an account. The registration shall be deemed to have been completed once all registration steps have been successfully completed in accordance with the instructions posted on the machineryline.com.ar website.
- Personal Data means all information concerning the identified or identifiable individual;
- Account Blocking is an imposing of restrictions by the Operator on the functionality of Machineryline Service for a certain account, which includes termination of displaying of all ads of such account, termination of the right to and technical possibility to create, place and publish new ads.
- USER REGISTRATION
- Internet Users may view ads posted on Machineryline Service without registration.
- Unregistered Users are able to use services of Machineryline Service available to users of the machineryline.com.ar website which have not undergone Registration procedure, in particular:
- viewing ads and contact information of the other Users registered on the Website;
- communication with the registered Users for getting additional information concerning any Goods.
- User registration on the Website is required for using all available services of Machineryline Service
- In order to open an Account, the User must go through the Registration procedure in accordance with clause 2.1.10 of this Regulation.
- In the event of filling in the form specified above, the Operator will immediately send to the email address provided by the User a message from the Operator to activate the Account and containing all information required by law. After clicking on the received link, the Account is activated.
- The provided data, such as an email address and password, shall be used by the User to log on the Account.
- It is possible to log on Machineryline Service from Facebook, Google and LinkedIn accounts.
- The User undertakes to provide true, accurate and complete information about him/her as required for the registration of the Account in Machineryline Service. The User is aware that he/she is fully responsible for providing false personal data during the registration. Should the information provided by the User turn out to be false, the Operator reserves the right to suspend or cancel the registration and suspend provision of Machineryline services.
- By opening the Account or by logging into the created account, as well as performing actions on any use of the Machineryline Service and/or the Website, the User concludes a contract with the Operator for provision of services on conditions specified here.
- The User is responsible for the culpable actions involving the use of their email address and password in order to gain access to the website of Machineryline Service.
- Sending login data to another User (another person) in order to gain access to the Account may lead to blocking the Account by the Operator.
- The User is obliged to protect the password and the login from third persons. The user is obliged to immediately change their login data for the website if they have some justified suspicions that their email address and password have been revealed or might be used by third persons.
- The User may stop the registration on the website on their own, without prior notification or explanation of the reasons.
- PLACEMENT OF ADS
- The User may place ads on Websites after the payment has been made in accordance with the provisions of Section 8 of this Regulation and once a special registration form has been filled in.
- Using the registration form the User may attach photo to the advertisement, their number and format are defined on the website of Machineryline Service.
- A paid ad shall be placed for 65 calendar days on all Websites of the Machineryline Service.
- It may be re-activated afterwards by the User thereafter after paying an additional fee.
- An ad posted by the User on either Website shall be automatically placed on all Websites of Machineryline Service once technical specifications of such an ad have been translated in all website languages.
- Use of Website functions and services by both registered and unregistered Users means acceptance of obligations to follow the rules and guidelines on the use of the Website, including this Regulation.
- By placing ads on the Website to sell goods or services, the User shall place information about such goods or services subject to this Regulation and guidelines available on the Website.
- The User shall provide accurate and complete information about the Goods namely: technical specifications, registration information (VIN number, brand of goods, the model), the condition of the goods, the location of the goods and the terms and conditions of sale thereof. The content of the advertisement should clearly refer to the Goods.
- In the period when the advertisement is shown, the User may edit its content, remove the ad or choose an option of prolonging the period of showing the advertisement.
- The User confirms that he/she has the right to sell the Goods or provide the service in accordance with the laws of countries where Goods/services are sold.
- The User guarantees that the Goods offered by him/her meet the quality standards established by the laws of countries to which they are sold and are free from any third party claim.
- If the Goods offered by the User require an appropriate special permit, in accordance with the laws of the countries where the Goods are going to be sold, the User guarantees and undertakes to provide such permit/-s to the Operator or a special body that is authorized to oversee such User's activities.
- It is prohibited to post incorrect specifications of Goods, including the price which does not correspond to the actual selling price. The price must be indicated in full for the whole item. A heading of an ad to be placed shall correspond to the text of the ad and should not contain any User's contact or personal details (phone, email or web address).
- The User guarantees that the photos of the offered products shall correspond to their actual and legal state, including intellectual property rights.
- The User guarantees that photos of the offered Goods correspond to the title and text of the advertisement. The photos should show only the Goods being offered. Stock photos and/or photos downloaded from the Internet, may not be used.
- The User agrees to refrain from the following actions:
- Post ads in the category that does not correspond to the content of his/her ad;
- Post ads with the description and/or title/photos which are unrelated or unreadable;
- Post ads offering several goods and services at a time;
- Add any links to external resources/websites to his/her ads;
- Post ads about goods or services if such posts may cause violation of applicable laws.
- It is prohibited to place ads to sell:
- Goods not included in either category for which information is available for publication on the website;
- Goods which are stolen or obtained by illegal means;
- Goods that are dangerous to life and health;
- Goods that do not exist.
- The User undertakes to immediately withdraw the ad from Machineryline Service when it is no longer valid or when the good has been sold.
- The User bears the sole responsibility for actions performed within and in connection with using the service.
- Advertisement may be randomly moderated by the Operator.
- The Operator has the right to change, suspend or prolong the period in which the User’s goods or services shall be shown due to technical reasons within or beyond the Operator’s control.
- The Operator may end displaying the ad of the User registered the goods or services violating this Regulation or provisions of the valid law.
- The Operator shall have the right to withdraw an ad upon request of the rights holder or the competent government authority. The Operator also reserves its right to withdraw any ad believed to be incompatible with the principles and standards of public morality. The decision to withdraw an ad is final and may not be appealed against.
- The Operator may:
- Amend the text of User's ads to correct spelling and punctuation errors provided such amendments do not affect the general sense of the content of the ad;
- Transfer ads to other sections of the Websites if another section is deemed more appropriate for such ad.
- The Operator shall not be responsible for the content of ads or hyperlinks to resources listed in the description of Users' ads or for the ability of the User to make the transaction.
- The Operator is not responsible for the lack of interest in the ad.
- The Company does not guarantee that information posted on websites by third parties is correct, accurate, detailed or complete. In this regard, the Company disclaims any liability for:
- Causing any injury, damage, loss of information or any other damage to any persons that have arisen while using Machineryline Service, including expenses for acquisition of items through Websites, loss of profits, customers or data, and any other financial losses incurred as a result of visiting these Websites or the impossibility of visiting thereof, and due to trust to any information obtained directly or indirectly on these Websites;
- User's infringement of third party copyright and other rights by posting materials in violation of the current laws (including copyright), by adding materials to Websites of Machineryline Service violating the provisions of law (including copyright) or by transferring such materials in other way to the Operator.
- Goods which are not prohibited or restricted for sale by the laws of the country where they are sold and which do not violate this Regulation may be the subject of ads. All violations in this scope shall result in blocking or removing the ad and/or User’s account by the Operator, without reimbursement of the fees paid by the User.
- USERS' PERSONAL DATA PROCESSING AND CONSENT FOR SUCH PROCESSING
- RIGHTS AND OBLIGATIONS OF THE PARTIES
- All items available through the Operator's services including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sound, and other items, as well as any content posted in the catalogue of the Website services are subject to the exclusive rights of the Operator, except for the Content of Users and/or third parties.
- The content as well as any other elements of services may only be used as a part of functions offered by one or another service available on Websites. Neither part of the content of Website services, nor any content posted through Website services may be used without the prior consent of the rights holder. The term 'use' includes but is not limited to reproduction, copying, processing, distribution on any ground etc.
- In order to authorize the Operator to publish information provided by the User, the User shall grant the Company a generally valid (geographically unlimited), perpetual, irrevocable, non-exclusive, sub-licensable right to use, publish, collect, demonstrate, copy, duplicate, reproduce, publicize copyrights, publications and databases owned by the User as well as information, images and photos provided by the User on any known or unknown information carrier. The above rights are granted to the Company at no cost (without payment of remuneration).
- The User shall retain all proprietary rights to the content posted in his/her ad. In addition to the above, the User shall grant the right to access information posted to all Website users.
- The User agrees that the text, photos, and other materials attached to the ad may be used by the Operator for the preparation of promotional materials, articles, reports, analyzes, etc.
- By using the services of the Machineryline Website, the User confirms that he/she assumes the sole responsibility for the content of the provided data and ads posted, The User declares that he/she has all necessary rights, licenses, and permits to place information in his/her Website ads including but not limited to all patents, trademarks, trade secrets, copyrights, or has the respective written consent, license or permit from all persons and companies identified in such ad to use their names or images.
- The User shall:
- Avoid actions that may lead to disproportionately large load on Website infrastructure;
- Not use automated programs to access Websites without Operator's written consent;
- Not copy, reproduce, modify, distribute, and publicize any information contained on Websites (except for information provided by the User himself/herself) without the prior written consent of the Operator;
- Not interfere with or attempt to interfere with Website operation and other activities and not interfere with operation of automatic systems or processes and any other measures to prevent or restrict access to Websites;
- Not use the information provided by other Users for any other purpose, except for a transaction directly with such User, without such other User's written consent. This provision of the Regulation does not apply to User's personal data provided to the Operator by the User for the purposes of registration.
- The User may not:
- Discuss actions of Website moderators and administrators except through e-mails with Operator.
- Use User's names similar to the names of other Users in order to misrepresent himself/herself as such Users registered before him/her and write messages on their behalf.
- Use any software, including any software of third parties, in order to aggregate and/or process the data or other information available at Websites, including but not limited to the personal information at the User’s Account and content of the User’s ads.
- To conduct any actions, including but not limited to, deletion and new publication of the similar ad(s), which lead to moving of such ad(s) up in the list.
- Other Users may access User's personal data subject to his/her written consent or pursuant to the applicable laws.
- The Operator shall take every effort to ensure proper performance of its obligations hereunder including the normal operation of Website services and non-distribution of personal data provided by the User among third parties except as required by law.
- The Operator may from time to time impose restrictions on the use of Website services, such as the maximum number of days to keep ads and the size of ads.
- The Operator may restrict User access to websites of Machineryline Service if the User violates the terms and conditions of this Regulation.
- The fact of violation shall be deemed to have been confirmed, if the User has been notified by the Operator that User’s activity violated the Website rules and third party rights.
- In case of breach of provisions of the Agreement by the User, the Operator reserves the right to remove or block User's account at any time, at its discretion, In case of the breach of Sec. 6.8. hereof by the User, the Operator has the right to limit the functionality of the ads of the User, including but not limited to, suspending the possibility to update the published ad(s) of the User, suspending the publication of new ads. In such case any funds paid by the User for Services shall not be refunded.
- In case of repeated breach of Sec. 6.8. by the User the Operator shall have the right to block the account of the User whereby no previously paid funds shall be refunded to the User.
- The Operator reserves the right at any time to require the User to confirm the Personal Data specified by the User for the purposes of registration and to request the supporting documents in this connection (including copies/certified copies of identity documents), and failure to provide such documents at User’s discretion may be equated to provision of false information. If the User’s data specified in the documents so submitted does not correspond to the data specified for the purposes of registration and if the data specified for the purposes of registration does not allow identification of the User, the Operator may block User's account either with or without prior notice to the User.
- PAYMENT OF SERVICES
- The orders for paid Services of Machineryline Service, as well as posting ads on web-sites, shall be made in User’s personal account.
- The User sends a request in order to get the information on prices for the Operator’s paid services, and after the offer is received by email used for registration, the User gets to know the prices and chooses a paid service.
- Before ordering the Operator’s paid services, the User should make an advance payment in full amount needed to order such paid service before the start of its provision. The payment received from the User is not refundable and shall be used as a payment for commercial services of the Operator only.
- Machineryline services are payable by bank transfer, credit card (Visa / MasterCard) or via other systems of electronic payments, depending on the User’s country of residence. The full list of payment options shall be available to the User’s account.
- Operator reserves the right to amend the rates for the paid Machineryline Services, stipulated in this clause herein, following a notification sent to the User on changes in rates for paid Machineryline Services as defined in this Regulation.
- LIMITATION OF OPERATOR'S LIABILITY
- By using Machineryline services, the User confirms his/her consent to bear all risks associated with the use of ads posted on Websites, and the Operator, including its management, employees and agents shall not be liable for the content of ads posted on the Website, any damage and loss caused by the use of ads posted on Websites.
- The Operator is neither an organizer/initiator nor a party to a transaction between Users and third parties. The Website is a trading and communication platform where Users may offer for sale, sell and buy goods and services permitted by this Regulation and the law at any time, from anywhere and at any price.
- The Operator cannot control the accuracy of information posted by Users in their ads.
- The Operator shall not be liable for any damage incurred as a result of the transaction or misconduct of any party to such transaction.
- The Operator shall not be liable for Users' behavior or goods/services offered by Users and described in their ads. Any dispute and conflict arising between Users shall be resolved by the Users themselves without involvement of the Operator.
- The Operator shall not be liable for any unauthorized access or use of the Operator's servers and/or any Users' information stored thereon as well as for any errors, viruses, Trojan horses, etc., which may be transmitted by third parties.
- The quality, safety, lawfulness and conformity of goods or services to description thereof as well as User's ability to sell or buy goods/service are beyond the Operator’s control.
- If a User has a claim against another User arising out of use of Website services by the latter, the User agrees to lodge such claims himself/herself without involvement of the Operator and shall relieve the Operator from any liability for damages in connection with Users’ transactions.
- Operator's failure to act in the event of a breach of provisions of the Regulation by the User or other users shall not deprive the Operator of its right to take appropriate measures to protect its rights subsequently and shall not constitute an Operator's waiver from its rights if similar violations subsequently take place.
- The Company shall not be responsible for any failure or difficulties in performance of obligations to provide access to Websites due to unforeseen force majeure events, whose consequences cannot be foreseen or overcome (such as government actions, labor disputes, accidents, breakages in the general communications system etc.).
- Nothing in this Agreement may be understood as agency relationship, partnership, joint venture, labor relations, or any other relationship between the User and the Operator unless otherwise expressly stated herein.
- The Operator shall be responsible for advertisements placed on the website to the extent set forth by applicable laws.
- FINAL PROVISIONS
- The Operator retains the right to amend this Regulation.
- Amendments enter into force on the date indicated by the Operator, not earlier though than 15 days after notifying the Users of this fact by placing an announcement on the website of Machineryline Service, subject to the provision that the services activated before the amendment to this Regulation becomes valid shall be performed on the current principles. In the event when the User does not accept the new content of the Regulation, they are obliged to immediately refrain from using the services of Machineryline Service. Further use of the Service means that the User consented to the valid version of the Regulations. Information communication intended for the wide community of Users may be placed on websites.
- If disputes and discrepancies arise out of or in connection with this Regulation, the Parties shall resolve such dispute or discrepancy through negotiation. If any dispute, discrepancy or claim arising out of or in connection with this Regulation, including performance, violation, termination or invalidity thereof, may not be resolved through negotiation, such disputes shall be resolved by relevant Polish courts of general jurisdiction.
- If the User has complaints and / or claims against the Operator in connection with this Regulation or in connection with the actions of other Users of Machineryline Service, the User may send the Operator an e-mail to the address: firstname.lastname@example.org. The complaint shall be considered within thirty (30) calendar days.
- This Regulation shall be governed by and construed in accordance with the laws of Poland.
- Any matters not governed by this Regulation shall be resolved in accordance with the applicable laws of the Republic of Poland.
- This Regulation is made in Polish.
- Translation into any other language was made to comply with the applicable legal requirements. Should there be any discrepancy between the English version and the version in any other language, the Polish version prevails.
- The Operator may provide Services to Users in different countries through its affiliates. Affiliates shall not be liable for any consequential damage, unintentional actual damage or lost profit, lost data or any other damage or inconvenience caused to the User in connection with the use of Websites.
- If any provision of this Regulation is found by a court to be invalid or unenforceable, this shall not affect the validity or enforceability of other provisions of this Regulation.
ADDITIONAL TERMS AND CONDITIONS FOR CORPORATE (PRO) ACCOUNT USERS
- Corporate (PRO) accounts allow dealers to make one account on the Website available for use by several persons having employment or agency relationship with the User, the account owner.
- Corporate (PRO) accounts allow Users to create websites with business entity's logo, profile, location map and machinery offered for sale.
- Users using corporate (PRO) accounts may use Services for ad self-placement and editing; enter business entity's details in the catalogue of machinery sellers; and receive 'orders for purchase of machinery' by e-mail.
- Persons having access to the corporate account should represent one business entity.
- To create a corporate (PRO) account, the User shall be registered on the website using a special registration procedure and shall provide the Operator with additional information about the business entity.