Publication date: 2017-07-13

MyIntercars Regulations

Rules

My.Intercars.eu

NOTE: 
To get more details how the service works in a specific country please go to local language version.

1. Company information

1.1. These Rules of use have been prepared and are applied by Inter Cars S.A., having its registered seat in Warsaw (address: 02-903 Warszawa, ul. Powsińska 64), entered into the register of entrepreneurs of the National Court Register kept by the District court for the capital city of Warsaw, XIII Commercial Department of the National Court Register, under the number: 8734, tax ID: 1181452946, REGON no. (national business registry number): 014992887, the following e-mail address: info@intercars.com.pl and website http://www.intercars.com.pl/.

1.2. The User and any other person shall communicate with the Service Provider using the contact data provided in subclause 1.1 above and the following contact details:

1.2.1. e-mail address: kontaktmi@intercars.eu

1.2.2. telephone: +48 22 714 11 11.

1.3. To the extent to which these Rules govern the provision of services by electronic means, they shall be understood to be rules within the meaning the Art. 8 of the Act on Rendering Services by Electronic Means of 18 July 2002 (Journal of Laws of 2019, subclause 123, as amended.),

1.4. These Rules are generally available free of charge.

2. Definitions

Capitalised terms used in these Rules shall have the following meaning:

2.1. “Helpline” - means the telephone service centre operated by the Service Provider, including its personnel and technical infrastructure. The User may contact the Helpline by dialling the following phone numbers: +48 22 714 11 11.

2.3. “User Account” - means a part of the Website allowing a Registered User to use the functions described in subclause  3.1.2 of these Rules.

2.4. “Rules” - these Rules as prepared and applied by the Service Provider,

2.5. “Website” – means an IT System-based website, whose primary function is to serve as a garage search engine, managed through and available on the Internet under the following domain address: https://my.intercars.eu.

2.6. “Sponsored Business Card” - means a Garage Business Card presented as a sponsored result i.e., displayed as a search result above the standard search results.

2.7. “IT System” - means the IT System of the Service Provider used for the purposes of Service provision, including in particular graphic interfaces of the Website.

2.8. “Agreement” - means an agreement to provide Services concluded between the Service Provider and a User on the terms and conditions specified in these Rules.

2.9. “Service” - means the service indicated in subclause  3.1 provided by the Service Provider by means of the IT System.

2.10. “Service Provider” or “Company” –  means Inter Cars S.A. having its registered seat in Warsaw (address: 02-903 Warszawa, ul. Powsińska 64) entered into the register of entrepreneurs of the National Court Register kept by the District court for the capital city of Warsaw, XIII Commercial Department of the National Court Register, under the number: 8734, tax ID: 1181452946, REGON no. (national business registry number): 014992887, the following e-mail address: kontaktmi@intercars.eu and the following website http://my.intercars.eu.

2.11. “User” - means an entity, which, according to the provisions of law, is capable of entering into the Agreement, and which uses the Website in any way, in particular an entity displaying (visiting) generally available pages of the Website. For avoidance of doubt, the “User” shall especially be understood to mean a person who has entered into the Agreement to provide the Service with the Service Provider. The “User” shall also mean the “Registered User.”

2.12. “Registered User”- means a User who has registered with the Website in conformity with the provisions of subclause of these Rules for the purposes of using the Website (i.e., has entered into an agreement for the provision of the Website Service by electronic means with the Service Provider). The Registered User is any person running a garage or providing automotive services (e.g., car repair services), who cooperates with the Service Provider under a separate agreement entered into with the Service Provider. The Registered User is also understood to mean a User holding a card/client number and a password generated by the Service Provider as part of cooperation under a separate agreement, allowing to log in on the Website.

2.13. “Garage Business Card” - means a set of data and information about a given Registered User, presented on separate websites of the Service Provider in conformity with the terms and conditions of cooperation between the Registered User and the Service Provider, stipulated in a separate agreement.

3. General provisions (type and scope of services)

3.1. The Service Provider provides the following Services via the Website:

3.1.1. a WWW Service - a service consisting in making available to the Registered User the resources of the IT System for the following purposes:

(a) the possibility to search and view generally available subpages of the Website (i.e., the subpages which can be accessed without registration or logging in),

(b) the possibility to enter the other parts of the Service Provider’s websites.

3.1.2. Website Service - a service consisting in making available to the Registered User the resources of the IT System for the following purposes:

(a) maintaining a User Account,

providing the Registered User, via the IT system, with the possibility to:

(a) keep and change their contact details,

(b) keep and change the Garage Business Card data.

3.1.3. Sponsored Business Card Service - a paid service consisting in ensuring that a Garage Business Card will be displayed as a sponsored result  i.e., displayed above the standard results, during a period of time chosen by the Registered User.

3.2. The WWW Service is available to all Users without having to register on the Website. Each User may view and search the generally accessible pages of the Website.

3.3. The Website Service and the Sponsored Business Card Service are provided solely to Registered Users. The Website Service may only be used after the Registered User has registered on and logged in to the Website.

3.4. The Agreement to provide the WWW Services is concluded for an unspecified period of time after the User has successfully called up in their browser a URL address of any one of the generally accessible pages of the Website or has used a hyperlink redirecting them to any one of the generally accessible pages of the Website (i.e., has entered the Website). The Agreement to provide WWW services is terminated as soon as the User leaves the Website.

3.5. The Agreement to Provide Website Services is concluded for an unspecified period of time on the terms and conditions stipulated in subclause 6 of these Regulations and may be terminated as stipulated in subclause 7 hereof.

3.6. The Sponsored Business Card service agreement is concluded for a specified period of time as per the terms and conditions specified in subclause 6 hereof.

3.7. Subject to subparagraph 3.1.3 above, the Services are provided free of any charge to be paid by the User to the Service Provider, without prejudice to the provision of separate agreements between the Registered User and the Service Provider. The User bears the costs of the Internet connection and the costs of using the Internet, in conformity with the agreement between the User and their telecom services provider (Internet provider).

3.8. Agreements to provide specific Services may be concluded solely in Polish.

3.9. The Service Provider informs that they do not collect any deposits from Users nor require any financial guarantees from the same.

4. Illegal content

4.1. As regards using the Services, the User may not provide illegal content, especially that which:

4.1. 1. infringes upon third-party rights, in particular, author's economic or moral rights, company secrets, industrial property rights, as well as personal rights of other persons,

4.1. 2. supports or advocates radical social attitudes, in particular, any discrimination based on sex, age, disability, race, religion, nationality, political  or social views, trade union membership, ethnic background, religion or sexual orientation;

4.1. 3. incites to commit a crime,

4.1. 4. violates the applicable law.

4.2. The User who becomes aware that any content made available on the Website is against the law or these Rules may report this fact to the Service Provider, especially by writing to the following e-mail address: kontaktmi@intercars.eu.

4.3. In the event of a receipt of an official notification or obtaining a reliable notice of an illegal nature of the content made, available by the User, the Service Provider shall be entitled to prevent access to such content.

4.4. The User shall not use the Website and the Services in a manner causing any disturbances to the IT System or any of its elements.

5. Technical conditions and risk

5.1. The Services, including the Website, are accessible provided that the User is connected to the Internet and has an ITC system meeting the following technical requirements:

5.1.1. a correctly configured browser with Microsoft Internet Explorer standards, at least the 8.0 version, Firefox - at least the 26 version, Chrome - at least the 27 version or Mac OS X Safari - 8.0 version;

5.1. 2. the User’s device must have the cookie acceptance option and the JavaScript interpreter activated.

5.2. The provisions of item  5.1 define the technical requirements necessary for cooperation with the ITC system used by the Service Provider.

5.3. The Service Provider informs that if the User fails to meet the above-described minimum technical parameters, using the services may be impossible, difficult or the Website will not function or will function incorrectly.

5.4. In connection with the provision of the Services, in some cases, cookie files may be installed in the ICT system of the User. This is subject to a separate consent of the User expressed in writing especially by means of appropriate settings of an internet browser.

5.5. More information about cookie files used by the Website is available at  https://my.intercars.eu/pl/polityka-cookies/.

5.6. For the purposes of verification of the Agreement to provide particular Services, data is stored in a database on the Service Provider’s servers, together with the information that the Rules have been accepted.

5.7. The Service Provider applies the following methods and technical means to detect errors in the data entered during registration on the Website and during sending the contact form specified in subclause  6.1 of these Rules (i.e., entering into the Agreement to provide the Website Service):

5.7.1. verification of correctness of the entered data,

5.7.2. a method of verifying the correctness of the entered data and orders.

5.8. Saving, securing, or making available to the User the content of the Agreement to Provide particular Services as concluded shall be effected by:

5.8.1. presentation of the content of the Agreement at: https://my.intercars.eu/,

5.8.2. attaching the content of these Rules to the registration e-mail,

5.8. 3. verifying that the User has read the Rules,

5.9. The Service provider informs that using the Services is related to the risk and the threat of exploiting the weaknesses of the cryptographic system and braking into the secured ITC system to obtain the personal data or other information stored therein.

6. Registration of a User acting as an entrepreneur, User Account types and the terms and conditions of provision of the Sponsored Business Card Service

6.1. The Website allows registration of a User acting as an entity running a garage or providing automotive services, after they have filled in and sent an application form.

6.2. Registration of such User on the Website is carried out according to the following procedures:

6.2.1. The User enters the subpage of the Website containing the application form (at https://my.intercars.eu/pl/rejestracja/); The information available on the Website constitutes an offer to enter into the Agreement to provide the Website Service on the terms and conditions provided herein.

6.2.2. A User enters the following information into the form available on the Website: company name (garage name), registered seat (place of business); name and surname; contact address, e-mail, and telephone number, and indicates the country in which they carry out their business activity, selected from the countries listed on the Website,

6.2.3. The User should read these Rules,

6.2.4. The User expresses their consent to the Rules by checking the appropriate box on the registration form. A failure by the User to express their consent to the Rules shall prevent them from continuing the registration process on the Website (i.e., the User shall be prevented from entering the Agreement to provide the Website service),

6.2. 5. By clicking the “Send” button under the form, the User sends to the Service Provider a completed registration form (i.e., the data provided in the registration form and acceptance of the Rules),

6.2.6. Upon sending the above registration form (i.e., upon clicking the “Register” button), the Agreement to provide the Website Service shall be concluded between the sending the form (or the entity represented by the person sending the form) and the Serve Provider, in conformity with these Rules. 

6.2.7. After the Service Provider has received the application form, they contact the User to confirm the application and to discuss the terms of cooperation based on a separate agreement. If the Service Provider and the User have successfully agreed on the terms and conditions of cooperation, the Service Provider sends to the e-mail address given by the User during registration the Website login data (client number and password).

6.3. The Registered User can access their User Account using a client number and a password provided by the Service Provider as part of the registration procedure specified in subclause 6.2 - 6.3 of the Rules or as part of cooperation based on a separate agreement. 

6.4. Following registration in conformity with the above provisions, the Registered User may use the Website within a Standard Account.

6.5. A person registering a User not being a natural person shall, under the pain of legal sanctions, submit a declaration stating that they are authorized to act on behalf of an entrepreneur or, being an entrepreneur themselves, to act alone or as an attorney, proxy or a shareholder of a partnership or a body of capital company or another body corporate.

User Account types

6.6. During registration, a User can chose from two types of accounts on the Website:

  1. Standard Account, offering:
  • basic garage information (name, address, telephone);
  • opinions about a garage;
  • possibility to attach pictures, certificates, diplomas, price lists, additional information: specialized services, facilitations, description; However, this information will be visible to a “Motointegrator” user only for an active Premium Account of a given User;
  • possibility to add promotions for clients;
  • possibility to make appointments online.
  1. Premium Account, offering:
  • the functionalities of a Standard Account;
  • possibility to disclose to a “Motointegrator” user: pictures, certificates, diplomas, price lists and other, additional information entered by the User;
  • no “Motointegrator” advertising banner on the garage website;
  • possibility to participate in events organized by “Motointegrator” and the Company’s Partners.

6.7. The Service Provider reserves that the User’s telephone number entered on the Website shall not be visible to a “Motointegrator” user. A call initiated by a “Motointegrator” user shall activate a call at the number entered by the User. Following selecting the number indicated on the Website next to the User data, calls initiated by a “Motointegrator” user shall be preceded by an announcement stating that they shall be placed after receiving contact data of the User from “Motointegrator.”

6.8. A Standard Account is free of charge.

6.9. An agreement to use the Premium Account may be entered into in one of the following ways:

6.9.1. during a personal meeting between the Registered User and a sales representative of the Service Provider. After purchasing a Premium Account, the Service Provider sends an e-mail with an order confirmation containing the terms and conditions of provision of a Premium Account Services as agreed with the sales representative, together with a link to the Rules, and the Registered User accepts the order confirmation.

6.9.2. the Registered User calls the Service Provider. After the purchase, the Service Provider sends an e-mail with an order confirmation containing the terms and conditions of provision of a Premium Account Services as agreed, together with a link to the Rules, and the Registered User accepts the order confirmation.

6.9.3. through an e-mail exchange between the Registered User and the Service Provider. After the purchase, the Service Provider sends an e-mail with an order confirmation containing the terms and conditions of provision of a Premium Account Services as agreed, together with a link to the Rules.

6.10. A Premium Account is subject to a fee. The standard price of a Premium Account is PLN 299 per month. The Company provides for the possibility of granting individual discounts on the said fee. 

Sponsored Business Card Service in search results

6.11. A Registered User who has a Premium Account may purchase the Sponsored Business Card Service solely on their own behalf and for themselves. In cities where the Sponsored Business Card Service may be active for more than one Sponsored Business Card, the Registered User may purchase more than one Sponsored Business Card. In such case, purchasing of each Sponsored Business Card Services should be subject to a separate agreement.

6.12. At any given time, the Sponsored Business Card Services can be active for no more than:

  1. 10 Sponsored Business Cards in Warsaw,
  2. 3- 5 Sponsored Business Cards in big cities,
  3. 2 Sponsored Business Cards in other cities.

6.13. Regardless of the size of a city, only one Sponsored Business Card shall be displayed on the Website at any given time. Sponsored Business Cards shall be displayed based on an automatic draw. Each Sponsored Business Card can be drawn multiple times, according to the algorithm implemented by the Service Provider. Each Sponsored Business Card shall be displayed on the Website for the same amount of time.

6.14. The city size is determined based on the Internet traffic - the number of sessions on the Website generated for a given city location and updated monthly. Depending on the number of sessions there are five city categories:

  1. other cities – no more than 10 thousand sessions/month,
  2. big cities - over 10 thousand sessions/month,
  3. Warsaw - over 100 thousand sessions/month.

6.15. The information on the current price list for the Sponsored Business Card Service can be obtained from a sales representative by sending an inquiry to the following address: kontaktmi@intercars.eu or at the following telephone number: 22 714 11 11.

6.16. The fee for the Sponsored Business Card Service may change following a change in the size of a User’s city. Sponsored Business Card Services purchased prior to such change shall be provided on previous terms, whereas any subsequently purchased Business Card Services shall be subject to the price corresponding to the new city size.

Category

Maximum number of business cards promoted simultaneously

Minimum period of a one-off purchase

Maximum period of a one-off purchase

Warsaw

> 100 thousand sessions/month

10

1 month

1 month

Big cities

> 10 thousand sessions/month

3-5

1 month

2 months

Other cities

< 10 thousand sessions/month

2

1 month

3 months

6.17. The amounts payable to the Service Provider hereunder shall be exclusive of VAT (net amounts), which shall be added in conformity with the applicable law upon issuance of a VAT invoice.

6.18. In the case of big and other cities, a User may purchase the Sponsored Business Card Service for a period shorter than the maximum period stipulated in subclause 6.16.

6.19. The Sponsored Business Card Service can be purchased in one of the following ways:

6.19.1. during a personal meeting between the Registered User and a sales representative of the Service Provider. After purchasing, the Service Provider sends an e-mail with an order confirmation containing the terms and conditions of provision of the Sponsored Business Card Service as agreed with the sales representative, together with a link to the Rules, and the Registered User accepts the order confirmation.

6.19.2. the Registered User calls the Service Provider. After the purchase, the Service Provider sends an e-mail with an order confirmation containing the terms and conditions of provision of the Sponsored Business Card Service as agreed, together with a link to the Rules, and the Registered User accepts the order confirmation.

6.19.3. through an e-mail exchange between the Registered User and the Service Provider. After the purchase, the Service Provider sends an e-mail with an order confirmation containing the terms and conditions of provision of the Sponsored Business Card Service as agreed, together with a link to the Rules.

6.19.4. The order confirmation contains information about the category of the Sponsored Business Card Service purchased, the location, price, and the term of the Sponsored Business Card Service.

6.20. The Service Provider issues to the Registered User a single VAT invoice covering all Sponsored Business Card Services purchased by a given User in the month in which the invoice was issued. The invoice payment deadline is 7 days.

6.21. A Sponsored Business Card inconsistent with the applicable law or the provisions hereof, in particular infringing upon third-party rights, inconsistent with the applicable law or social norms, containing inaccurate data or offensive content shall be removed, and the previously collected fee shall be returned to the User account within 90 days of the removal, subject to the payment by the User for the services provided until the removal of the Sponsored Business Card from the Website.

6.22. Due to the nature of the Sponsored Business Card Service, the Service Provider reserves the right to restrict the conclusion of the Sponsored Business Card Services to a specific territory.

7. Term and termination of the Website Service

7.1. An agreement to provide the Website Service is be concluded for an unspecified period of time.  An agreement to provide the Premium Account Services is each time concluded for a specified period of one (1) month, where a User using the Website Services may enter into a Premium Account Agreement multiple times.

7.2. The Registered User may:

7.2.1. terminate the agreement to provide the Website Service at any time by submitting to the Service Provider a notice of termination without stating the reason,

7.2.2. submit a notice of termination, in particular by sending it to the following e-mail address of the Service Provider: kontaktmi@intercars.eu.

7.3. The Service Provider may terminate the agreement to provide the Website Service with immediate effect in the event of occurrence of any of the following causes:

7.3.1. a breach by the Registered User of any of the provisions of these Rules,

7.3.2. a breach by the Registered User of a provision of law or third-party rights in connection with using the Website Services.

7.4. Regardless of the provisions of subclause 7.3 above, the Service Provider may terminate an agreement to provide the Website Service with a seven (7) days’ notice in the event of occurrence of any of the following causes:

7.4.1. the Service Provider finds the Registered User to be using the Website in breach of the accepted social norms,

7.4.2. the Service Provider finds the Registered User to be using the Services in breach of the assumptions, purposes, or scope of the Website,

7.4.3. the Service Provider finds the Registered User to be engaged in activities being in breach of or compromising the security of the IT System,

7.4.4. the Website is liquidated, ceases to operate or its scope changes.

7.5. If a given circumstance constitutes both an important cause stipulated in subclause 7.3 above and in subclause 7.4 above, the Service Provider may choose to terminate an agreement with immediate effect in conformity with subclause 7.3 above or with a notice period indicated in subclause 7.4 above.

7.6. Upon termination of the Agreement to provide the Website Service due to causes specified in subclause 7.3 and 7.4 above, the agreement to provide the Sponsored Business Card Service shall also be terminated. A User shall be obliged to pay for the Sponsored Business Card Service proportionally to the services provided until the termination of the Agreement to provide the Website Service.

7.7 The Registered User may not terminate the Sponsored Business Card Service as such.

7.8. Termination of an agreement to provide the Website Service by the Service Provider is effected by sending a notice of termination sent to the e-mail address of the Registered User indicated in the User Account (i.e., provided upon registration or changed by the Registered User following registration) or by submitting the notice to a User in any other way.

7.9. Upon expiry of the Agreement, the User Account and the data stored under the User Account are deleted.

8. Claims related to the provision of the Services

8.1. The User shall be entitled to file claims related to the provision of the Services by the Service Provider.

8.2. Claims may be delivered to the Service Provider in any way, including:

8.2. 1. an e-mail sent to the e-mail address of the Service Provider indicated in subclause 1.2. 1 of these Rules,

8.2. 2. delivered to the Service Provider in writing e.g., by a courier or a letter sent to the address of the Service Provider indicated in the Rules or submitted in writing at the Service Provider’s facility indicated in item 1.1 hereof.

8.3. A claim should contain at least: the name and surname of the claimant, the reasons for the claim, as well as the address to which the response is to be sent.

8.4. The Service Provider shall review a claim within fourteen (14) days of its receipt.

8.5. Immediately following reviewing a claim, no later, however, than within the deadline indicated in subclause 9.4 above, the Service Provider shall respond to a User’s claim. A response shall be sent to the e-mail address or the post address indicated by a User in his or her claim. If a claim does not contain any address to which to send a response, such response may be collected by the User at the Service Provider’s facility indicated in subclause 1.1 hereof.

9. Limitation of the Service Provider’s liability to the entrepreneur

9.1. In the event of conclusion by the Service provider of an agreement to provide Services with a User being an entrepreneur, the aggregate and total liability of the Service Provider under a given Agreement is limited to the amount of PLN 5,000 (five thousand zloty), unless the applicable law provides otherwise.

9.2. Limitation of liability of the Service provider stipulated in subclause 11.1 above does not relate to intentional damages caused to a User being an entrepreneur or other cases where, in view of the applicable law, limitation of the Service Provider’s liability is not possible. 

10. Final provisions

10.1. These Rules shall become effective on 1st February 2021. The previous versions of these Rules are available at https://my.intercars.eu/pl/regulamin-myintercars/.

10.2. The Service Provider has the right to make changes to these Rules if:

10.2.1. the Rules need to be adapted to the provisions of law related to agreements to provide the Services using the Website,

10.2.2. The necessity to adapt the Service Provider’s activity to the recommendations (orders/verdicts/decisions/guidelines) and decisions of a competent public or local authority or a court decision,

10.2.3. extension or change of functionality of the Website, in particular, introduction of new services or a change to the scope of the Services,

10.2.4. introduction of a fee for the Services,

10.2.5. changes to the scope or nature of the Service Provider’s activity,

10.2.6. changes to the technical conditions of provision of the Services, changes to the technical conditions of the IT system that a User should have in order to use the Services,

10.2.7. the necessity to adapt the Rules to the best practices related to the provision of the Services, including the best practices in the protection of Users,

10.2.8. The necessity to correct any obvious typing errors in the Rules,

10.2.9. occurrence of new risks or threats related to using the Service, changes to such risks or threats or mitigation of specific risks or threats related to the use of the Service,

10.2.10. changes to e-mail addresses, including hyperlinks included in the Rules,

10.2.11. changes to the described herein methods or technical means of detecting errors in the data entered during registration on the Website and during sending an application form when entering into the agreement to provide the Website Service.

10.2.12. a change to the methods or technical means used to save, secure, or make available to a User the content of an agreement to provide individual Services,

10.2.13. changes to the Service Provider’s data indicated in the Rules including names, telephone numbers and e-mail addresses.

10.3. The Service Provider shall publish the information about the changes on the website and shall send it to the Registered Users together with consolidated Rules to the e-mail provided in the User Account. The User shall be deemed to have accepted the new Rules if they do not terminate the Agreement within fourteen (14) days of receiving an e-mail with the information specified in the preceding sentence.