Terms of use of LSH Connect software

§ 1

Preliminary provisions

  1. These Terms of Use shall govern the provision of and access to electronically supplied services referred to as LSH Connect pursuant to the Act of 18 July 2002 on the Provision of Electronically Supplied Services (Journal of Laws of 2017, No. 1219, consolidated text).
  2. Wherever used herein, the capitalised expressions shall be construed as follows:
    1. LSH – shall be construed as an entity providing the electronically supplied services defined herein, that is LANGOWSKI SHIPPING Halina Langowska sp. z o.o. with its registered office in Gdynia at Hutnicza 16, 81-061 Gdynia, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under number 0000749863, Tax Identification Number: PL9581695728, REGON: 381455449, share capital PLN 500,000.00
    2. LSH Connect – shall be construed as a service supplied electronically by LSH to the Customer, whereby LSH provides the Customer with access via connect.lsh.pl to the data concerning orders of forwarding/transport services in progress and outstanding at LSH,
    3. User – shall be construed as a user of LSH Connect, which may only be a natural person, legal person or organisational entity without legal personality if it is a business within the meaning of Article 431 of the Civil Code Act of 23 April 1964 (Journal of Laws of 2017, No. 459, consolidated text), and an employee thereof authorised by that entity to use LSH Connect,
    4. Parties – shall be construed as LSH and the User together,
    5. Terms of Use – shall be construed as these Terms of Use of LSH Connect, which the User of LSH Connect agrees to observe,
    6. Data – shall be construed as the information made available to the User by LSH and concerning the forwarding/transport service orders received by LSH from the User, which are in progress and outstanding at LSH.

 § 2

LSH Connect

  1. The User may use LSH Connect provided that they have satisfied the technical conditions set out in § 3 hereof, and provided they can access LSH Connect as per the procedure set out in § 5 hereof.
  2. The User may not introduce changes to the Data provided by LSH.
  3. The User may notify LSH of any nonconformity of the Data with the information held by the User and received by LSH by any other means by email to the email address of the LSH employee handling the order affected by information non-conformity.
  4. LSH Connect operations may change during the use of LSH Connect by the User by way of upgrading LSH Connect to new functions, changing or removing of any functionality.
  5. The User may use LSH Connect free of charge.

§ 3

Technical requirements for using LSH Connect

  1. To use LSH Connect the User must:
    1. be equipped with a device allowing the User to access the Internet, including software used to view its resources, accepting html, xhtml, xls files,
    2. use the following browsers: Mozilla Firefox, Google Chrome, Safari,
    3. hold individual e-mail account.
  2. LSH shall endeavor to ensure that LSH Connect is supported by the latest stable releases of commonly used web browsers: Mozilla Firefox, Google Chrome, Safari, whereas LSH does not warrant that all elements will be properly displayed by available browsers.

§ 4

Test access

  1. Each User shall be entitled to a trial use of LSH Connect.
  2. LSH shall provide the User with the Login and password required for trial use of LSH Connect on request.
  3. During LSH Connect’s trial use, the User shall be allowed access to dummy data that are completely fictitious and accidental, unrelated to any actual service supplied by LSH.
  4. LSH reserves the right to remove or change information at LSH Connect at any time during the User’s trial use of LSH Connect.

§ 5

User Registration and Login

  1. In order to use LSH Connect, the User must enter its registration via the following steps:
    1. the User inputs the required data and information, including but not limited to the full first name and family name, e-mail address, website address, telephone number, business name and address of the company, login and password by means of the registration form available online, on signup.connect.lsh.pl/ (in Polish) or on signup.connect.lsh.pl/en/lsh-connect-register/ (in English),
    2. the User acknowledge that they have reviewed and agree to the Terms of Use of LSH Connect,
    3. LSH verifies the accuracy of the information provided by the User in the registration form,
    4. upon positive verification of the information provided by the User in the registration form, LSH provides the User with access to the Data, this being notified to the User electronically to the e-mail address submitted by the User during the registration process.
  2. Upon receipt by the User of the note referred to in § 5(1.d), the registration process is complete and the User may use LSH Connect, once it has logged to connect.lsh.pl with their login and password.
  3. The User may not share their login and/or password with any third party or otherwise facilitate the use of LSH Connect through their login and password.
  4. Both the login and/or password to LSH Connect may be changed by LSH locking – on the telephone/electronic request submitted by the User – the existing access to LSH Connect and re-registration of the User as per the registration procedure defined in sub-paragraphs 1 – 2.
  5. LSH reserves the right to refuse registration and access to LSH Connect.

§ 6

User Responsibilities

  1. The User must:
    1. submit genuine personal and contact data upon registration, as well as update and advise LSH of changes in the above data forthwith,
    2. use LSH Connect for its purpose and functionality,
    3. comply with all the Terms of Use set forth herein,
    4. comply with all applicable laws and generally accepted rules for using the Internet,
    5. refrain from any action which jeopardise Data security,
    6. review all and any amendments hereto.

§ 7

Liability

  1. LSH shall not be liable for:
    1. results of actions and decisions made by the User in accordance with the Data,
    2. any damage or loss directly or indirectly (including loss of business profits, business interruption, or loss of business information and other property damage) arising out of the use, inability to use or misuse of LSH Connect,
    3. lack or loss of LSH Connect functionality as a result of improper use by the User of LSH Connect and malfunction of software or communications system that the User employs to use LSH Connect,
    4. any disruption to LSH Connect operation due to force majeure or any other factor for which LSH is not responsible, even if the above results in Data loss,
    5. use and consequences of using LSH Connect by the User’s unauthorised personnel or third parties which have learnt login and/or password to LSH Connect as a result of activities for which LSH is not responsible.

§ 8

Interruptions in using LSH Connect

  1. LSH ensures to use its best endeavors to provide the User with access to LSH Connect in accordance with the Terms of Use set forth herein 24/7, subject to sub-paragraph 2.
  2. LSH reserves the right to carry out maintenance work that may result in interruption to LSH Connect. This shall not be considered improper service by LSH.

§ 9

Personal data protection

  1. Both the use of LSH Connect’s trial access by the User and the User’s registration in accordance with the procedure set out in § 5 hereof shall be entirely voluntary.
  2. Upon registration, the User consents to its personal data provided in the registration form being used and processed by LSH of, in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
  3. LSH shall ensure that the User’s personal data will be processed solely for the proper operation of LSH Connect and for marketing purposes as set forth in the Act of 18 July 2002 on the Provision of Electronically Supplied Services (Journal of Laws of 2017, No. 1219, consolidated text) and will not be made available to third parties.
  4. LSH shall be the controller of the User’s personal data set.
  5. Insofar as mentioned in generally applicable laws, LSH reserves the right to request the User to rectify, update, supplement the User’s personal data, and to permanently or temporarily suspend or delete the data if outdated, incomplete, false, or if have been collected in violation of generally applicable laws, or are unnecessary for the purpose for which they have been collected.
  6. The User may request to have their personal data processed no more. In that case, LSH reserves the right to block the User from accessing LSH Connect.

§ 10

Amendment to the Terms of Use

  1. LSH reserves the right to amend hereof.
  2. An amendment hereto may take place in particular where:
    1. organisational or technological changes are introduced to LSH Connect operation,
    2. the Terms of Use set forth herein must be adjusted to the new provisions of law.
  3. LSH shall notify the User of its intention to amend hereof by providing the new Terms of Use online, on signup.connect.lsh.pl/ (in Polish) and signup.connect.lsh.pl/en/lsh-connect-register/ (in English), while specifying an amendment date.

§ 11

Final Provisions

  1. Personal data provided by the User in the registration process as per § 5 hereof or modified during the use of LSH Connect shall be the User Identification Data for LSH. Any e-mail messages of any nature sent to the User by LSH as specified by the User shall be deemed to have been served to the User and effective against it as soon as they have been entered into the ICT system.
  2. LSH may block the User from accessing LSH Connect if the User infringes hereof, takes action to compromise Data security, engages in illegal activities or acts to the detriment of LSH.
  3. Any disputes related to the Data shall be resolved by the General Court of territorial jurisdiction over the seat of LSH.
  4. LSH shall provide the current provisions hereof online, on signup.connect.lsh.pl/termsofuse/
  5. The Terms of Use shall apply from 01.08.2017r.