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1. GENERAL PROVISIONS

1.1. The on-line service available at www.autodna.com is run by AUTODNA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ [Ltd.] seated in Łódź (registered office address and service address: ul. Obywatelska 128/152 94-104 Łódź) entered into the Register of Entrepreneurs of the National Court Register (KRS) at KRS no. 0000349742; registry court where company file is kept: District Court of the City of Łódź – Śródmieście in Łódź, 20th Division of the National Court Register; share capital: 50,000.00 PLN; NIP [TAXPAYER ID NO.]: 5492391545; REGON [BUSINESS ID NO.]: 121164104; e-mail: contact@autodna.com.

1.2. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Service User who is at the same time a consumer or a natural person to whom the consumer rights apply under the mandatory provisions of law. In case of non-compliance of the provisions of these Terms and Conditions with the above provisions of law, the provisions of law shall prevail.

1.3. Definitions:

1.3.1. BLOG: an Electronic Service, an Internet blog available as part of the On-line Service and related to it thematically.

1.3.2. DIGITAL VIRGO: the entity providing technical service related to the Electronic Services provided via SMS; DIGITAL VIRGO POLSKA SPÓŁKA AKCYJNA (joint-stock company) seated in Warsaw (registered office address: ul. Towarowa 28; 00-839 Warszawa) entered into the Register of Entrepreneurs of the National Court Register (KRS) at KRS no. 0000253675; registry court where company file is kept: District Court of the City of Warsaw, 12th Division of the National Court Register; share capital: 500,000.00 PLN (paid in full); NIP [TAXPAYER ID NO.]: 527-23-17-216; REGON [BUSINESS ID NO.]: 016750310; e-mail: pomoc@justpay.pl; contact phone: (+48) 022 312-1000 (charged as for a standard call according to the operator’s rate).

1.3.3. PRZELEWY24: PayPro S.A. (joint-stock company) seated in Poznań (registered office address: ul. Pastelowa 8, 60-198 Poznań), entered into the Register of Entrepreneurs of the National Court Register (KRS) maintained by the Regional Court for Poznań – Nowe Miasto i Wilda in Poznań, 8th Economical Division of the National Court Register (KRS) at KRS no. 0000347935, NIP [Taxpayer ID no.] 7792369887, REGON [Business ID no.] 301345068, with share capital of 4,500,000.00 PLN (paid in full) and entered into the register of national payment institutions maintained by the Polish Financial Supervision Authority (UKNF) at UKNF no. IP24/2014, e-mail: serwis@przelewy24.pl; contact phone: +48 61 642 93 44 (charged as for a standard call according to the operator’s rate), servicing on-line payments via http://www.przelewy24.pl.

1.3.4. ABBREVIATED INFORMATION; AI: an Electronic Service, abbreviated information provided before the Report is made available; it demonstrates the scope of information or events regarding the vehicle which can be accessed in the Report. This information determines whether the information is available or not, or how much information and how many events are available in the given Report. It also shows the cost of the Report. The AI will not include the information in question or any details regarding the events related to the Vehicle

1.3.5. CIVIL CODE; Polish law of the 23rd of April 1964 (Dz.U.1964 No. 16, item 93 as amended).

1.3.6. ACCOUNT: an Electronic Service; a database in the IT system of the Service Provider which is marked by an individual name (e-mail address) and a password provided by the Service User, in which the Service User’s data is kept.

1.3.7. VIN NUMBER: a unique ID of the given mechanical vehicle, which consists of not more than 17 characters (letters and digits); Vehicle Identification Number.

1.3.8. OPINIONS AND COMMENTS: an Electronic Service available as part of the Online Service, which allows the Service Users to publish opinions and comments regarding the Reports and blog entries.

1.3.9. PAYPAL: PayPal (Europe) S.à r.l. & Cie, S.C.A. seated in Luxembourg (registered office address: 22-24 Boulevard Royal, L-2449 Luxembourg), servicing on-line payments via http://www.paypal.pl/.

1.3.10. VEHICLE: a mechanical vehicle which has a VIN as provided by the Service User.

1.3.11. REPORT: an Electronic Service which makes Vehicle information and events available in the form of an electronic report. The scope of available information and events is displayed in the Website after the Service User has received the Abbreviated Information.

1.3.12. TERMS AND CONDITIONS: the Terms & Conditions of the Website listed here.

1.3.13. WEBSITE: the Service Provider’s on-line service available at www.autodna.com.

1.3.14. ELECTRONIC SERVICE: an Electronic Service provided by the Service Provider for the Service User via the Website.

1.3.15. SERVICE USER: a natural person with full legal capacity, a legal person, or an organizational entity without legal personality, who uses the Electronic Service in accordance with the Terms and Conditions.

1.3.16. SERVICE PROVIDER: AUTODNA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ [Ltd.] seated in Łódź (registered office address: ul. Obywatelska 128/152 94-104 Łódź) entered into the Register of Entrepreneurs of the National Court Register (KRS) at KRS no. 0000349742; registry court where company file is kept: District Court of the City of Łódź – Śródmieście in Łódź, 20th Division of the National Court Register; share capital: 50,000.00 PLN; NIP [TAXPAYER ID NO.]: 5492391545; REGON [BUSINESS ID NO.]: 121164104; e-mail: contact@autodna.com.

1.3.17. NEWSLETTER: an Electronic distribution Service provided by the Service Provider via e-mail, which enables all the Service Receivers who use it to periodically receive automatic Newsletter e-mails sent by the Service Provider. The e-mails include news on autoDNA as well as discounts available on the Website.

1.3.18. PAYU: PayU S.A. with the registered office in Poznań, (the address of the head office: ul. Grunwaldzka 186, 60-166 Poznań), domestic payment institution, supervised by Polish Financial Supervision Authority, entered into the Register of payment services providers under the number IP1/2012, entered into the Register of Entrepreneurs under KRS number 0000274399, the registered acts kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, with share capital of 4.944.000 PLN paid in full; Tax Identification No. (NIP): 7792308495, REGON No. 300523444, the contact e-mail address: pomoc@payu.pl, the company provides electronic payments via the http://www.payu.pl service.

2. ELECTRONIC SERVICES AVAILABLE IN THE WEBSITE

2.1. The following Electronic Services are available on the Website: Blog, Abbreviated Information, Account, Reviews, Comment, Report and Newsletter.

2.1.1. Blog: the Blog can be accessed via the Blog tab in the Website.

2.1.2. Abbreviated Information: two steps must be completed to access the AI (1) the VIN number must be entered in the Website after accessing the AI tab, and (2) the Service User must click the “Check VIN” or “Confirm VIN” field.

2.1.3. Account: two steps must be completed for the Service User to be able to use the Account: (1) fill in the registration form, and (2) click the “Register” field. The registration form requires the following Service User data: the e-mail address and password. An Account can also be created while a Report is being purchased, or after receiving the Abbreviated Information.

2.1.4. Reviews and Comments: the Reviews and Comments can be accessed via the dedicated page of the Website:

2.1.4.1. for the Blog, the Service User must open the page where the Blog entry is available. Below the entry, the Opinions and Comments module can be accessed. In order to add an opinion, a rating or a comment below a Blog entry, it is necessary to provide the following Service User data: name and e-mail address, as well as the comment;

2.1.4.2. for the Reports, to https://www.autodna.com/reviews-of-reports In order to add an opinion, a rating or a comment regarding a Report, it is necessary to provide the following Service User data: name and e-mail address, type of the Report which is being rated, as well as the comment.

2.1.5. Report: the Report can be accessed after receiving the Abbreviated Information. Having received the AI, the Service User selects one or more types of the Reports available. The selected Reports are made available after the following three conditions are met: (1) the Report order form is filled in, (2) the “Pay now” field is clicked, and (3) the payment is made. The Report order form requires the VIN number of the Vehicle.

2.1.6 Newsletter: the Newsletter service is provided free of charge; in order to start receiving the Newsletter, the Service User provides their e-mail address in the Newsletter box on the Website (this will be the e-mail address the Newsletter will regularly be sent to), clicks the action field and confirms signing in for the Newsletter in the pop-up window by clicking the action field again. The Service User has the right to resign from receiving the Newsletter at any stage and without the need to provide any reason for resignation; in order to resign from receiving the Newsletter, the Service User will send a request to unsubscribe to the Service Provider. The Newsletter can also be cancelled by clicking the cancellation link which is included in every Newsletter e-mail sent by the Service Provider.

2.1.7 The Service User is obliged to use the Website in accordance with law and accepted practices, taking into consideration the respect for individual rights and copyrights of third parties. It is prohibited to unlawfully interrupt the functioning of the Website or take actions which may damage the Service Provider’s reputation.

2.2. The Service User will not publish unlawful content. The Service User is obliged to only provide correct and valid information.

2.3. Technical requirements which must be met to cooperate with the IT system of the Service Provider:

2.3.1. A computer, tablet, mobile phone or another multimedia device with access to the Internet.

2.3.2. An updated Internet browser installed in a device with access to the Internet: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Microsoft Edge, Safari.

2.3.3. Cookies enabled in the browser.

2.3.4. JavaScript enabled in the browser.

2.4. The Blog, Newsletter Abbreviated Information, Account and Reviews and Comments are available free of charge.

2.5. The Reports are available upon payment. The price of each Report is available in the Website after the Service User receives the Abbreviated Information. Depending on the language version of the Website the Service User is using, the prices of Reports are displayed in PLN, EUR or CZK. The price displayed includes all taxes and charges that may apply.

2.6. The Blog, Newsletter Abbreviated Information, Account and Reviews and Comments are available for an indefinite period of time. The Abbreviated Information and Report are single-use products which are only provided once.

2.7. The Service Provider is obliged to deliver the Electronic Service or product with no faults, as stipulated in the Terms and Conditions.

3. DETAILED CONDITIONS OF THE REPORT

3.1.The price of the Report as well as types of available Reports are displayed in the Website separately for every Vehicle, after the Abbreviated Information is received. In order to obtain the Report, the Service User must first obtain the AI.

3.2. The Report is aimed at delivering additional information to the Service User and it should not constitute the sole basis of the decision to complete or not complete the Vehicle purchase. If any doubts arise with regard to the origin of the vehicle, its mileage or history, these should be verified with the applicable authorities or third parties who offer support in such cases. The Service Provider highly recommends the Service User to contact the aforementioned parties and further verify the Vehicle before the purchase even if no doubts arise based on the Report.

3.3. Information and events regarding the Vehicle which are made available as part of the Report are obtained from third parties. The sole role of the Service Provider is to make these available to the Service User via the Website. The Service Provider does not verify the correctness, completeness, or validity of the above information and events.

3.4. The Service User understands that the Service Provider gathers information from a number of sources in order to provide it in the Report. The data may be incomplete or incorrect. The Service User understands and accepts that not all information may be available, complete and correct. The information included in the Report is there to assist the Vehicle buyer. The Service User understands and accepts that the information included in the Report cannot confirm the actual condition of the vehicle and responsibility for the final purchase decision falls on the Service User. The Service Provider does not guarantee that the data included in the Report will be complete and correct.

3.5. The scope of the information and events regarding vehicles that is made available in the Report is the maximum scope, dependent on the given Vehicle, its manufacturer, make and model, year and place of production and brand. Before the Report is made available, every time, the Service User is informed via the Abbreviated Information of the scope and amount of information and events available for the given Vehicle, or of the lack of information available. The Service User decides whether or not to purchase a given Report based on the Abbreviated Information.

3.6. Terms of delivering the Report via SMS:

3.6.1. The technical service related to delivering the Report via SMS is provided by Digital Virgo.

3.6.2. In a Report is to be delivered via SMS, then only an SMS message with correct content sent to the correct phone number will give the Service User the right to receive the given Report.

3.6.3. If the SMS with correct content is sent to the correct phone number, the Service User will receive a free-of-charge reply SMS within 5 minutes. This SMS will contain a single-use code that entitles the Service User to obtain a Report. The single-use SMS code is valid for 48 hours since reception.

3.6.4. Each SMS sent is charged by the GSM operator at the moment of sending, regardless of whether the phone number or SMS content is correct or not.

3.6.5. In order to reduce the risk of fraud, limitations have been implemented regarding the number of SMS sent from one number within one day. This limitation only allows the SMS whose total does not exceed 100 PLN net a day to be sent from a given number. Every SMS exceeding this total will be considered fraudulent and the Service User will not receive the single-use code to access the Report as a response to these.

3.6.6. Description of the digital product: the Report.

The Report is offered by the Service Provider (AUTODNA Sp. z o.o. [Ltd.]) via the autoDNA Website.

3.6.6.1. Main characteristics of the Report: An Electronic Service which makes Vehicle information and events available in the form of an electronic report. The scope of available information and events is displayed in the Website after the Service User has received the Abbreviated Information.

3.6.6.2. Total price: The total price is displayed for the User after they receive the AI (Abbreviated Information).

3.6.6.3. Functionality:

Language: Polish

File type: PDF

Size: The size depends on the amount of information available in the report

Access types: download. The Report (or a single-use SMS that entitles the receiver to access a Report) is shared immediately after the purchase, within no more than 1 calendar day since the Service Provider receives either the payment confirmation from the payment provider selected in the Website, or a correctly sent SMS code. The Report is typically shared within less than 5 minutes.

Access conditions: unlimited for personal use but it’s prohibited to make copies or reproduce the Report.

Limitations: none

3.6.6.4. Interoperability:

Hardware and software: A computer, tablet, mobile phone or another multimedia device with access to the Internet. In a PDF Report download is needed: a PDF reader (such as Adobe Acrobat Reader), an updated Internet browser installed in a device with access to the Internet: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Microsoft Edge, Safari. Cookies enabled in the browser

4. METHODS OF PAYMENT

4.1. The Service Provider makes the following methods of payment available:

4.1.1. Electronic payments via PRZELEWY24: the available types of payment are visible in the Website before making the payment but they can also be seen at http://www.przelewy24.pl/.

4.1.2. Electronic payments via Paypal (https://www.paypal.com/pl).

4.2. Credit card payments and on-line transfers are serviced via the Przelewy24 Centre.

4.3. PayPal transactions are serviced via PayPal.

4.4. The Service User is obliged to make the payment within 3 calendar days from entering into the contract. It must be remembered that the Report will only be shared when the Service User pays for it.

5. TERMS OF CANCELLATION OF ELECTRONIC SERVICES AGREEMENTS

5.1. The Service Provider and Service User have the right to cancel the electronic services agreement at any time by mutual consent.

5.2. Cancellation of the electronic services agreement made for indefinite period of time and of a continued character (e.g. Account):

5.2.1. The Service User can cancel the agreement with immediate effect and without providing the reason by sending such declaration via the contact form available at https://support.autodna.com/contact-form, or by letter sent to the address of the Service Provider.

5.2.2. In the case of Service Users who are at the same time consumers or natural persons to whom the consumer law applies, the Service Provider may only cancel the electronic service agreement made for indefinite period of time and of a continued character if (1) the law or applicable regulations require that the Service Provider stops delivering any electronic service to the given Service User, or (2) the Service User unlawfully and repeatedly violates the Terms and Conditions, especially if this entails publishing unlawful content, despite receiving at least one request to stop publishing or remove said content no later than by the deadline provided. Violation of the Terms and Conditions must be of an unlawful and objective character. In such cases, the Agreement expires within 15 days since declaring the will to cancel it (this is the period of notice). In the case of the remaining Service Users who are not consumers or natural persons to whom the consumer law applies, the Service Provider may cancel the electronic services agreement made for indefinite period of time and of a continued character with immediate effect and without the need to provide the reason. The Service Provider sends such declaration via e-mail or by letter to the Service User’s address as provided in the Account.

5.2.3. The Service Provider may cancel the electronic services agreement made for indefinite period of time and of a continued character, due to closing the Website or ceasing to deliver the Electronic Service. In such cases, the Agreement expires within 30 days since declaring the will to cancel it (this is the period of notice).

6. COMPLAINT PROCEDURES

6.1.Complaints related to the delivery of Electronic Services:

6.1.1. Complaints related to the delivery of Electronic Services by the Service Provider via the Website can be made via the contact form at https://support.autodna.com/contact-form or by letter sent to the address of the Service Provider.

6.1.2. Please make sure that the complaint includes the following: e-mail, name and last name of the Service User, contact address, description of the complaint. If the complaint is made for a Report, the following information should also be provided (so long as it is available and relates to complaint): VIN, transaction number, date of payment for the Report, the type of Report purchased and the amount paid for the report.

6.1.3. The Service Provider will immediately process the complaint; that is, a response will be sent in no later than 14 days since receiving said complaint. The Service Provider’s response to the complaint is sent to the e-mail address of the Service User as provided in the complaint form, or by another way as chosen by the Service User.

6.2. Complaints related to the delivery of Electronic Services via SMS:

6.2.1. If an SMS is not received, complaints related to the delivery of Electronic Services via SMS need to be made to Digital Virgo via e-mail to reklamacje@digitalvirgo.pl or by phone to the following contact helpdesk number: (+48) 22 312 18 52 For the remaining cases (such as an incorrect access code), please follow the guidelines listed in section 6.1 of these Terms & Conditions.

7. THE RIGHT OF WITHDRAWAL FROM CONTRACT

7.1. A Service User who is at the same time a consumer or a natural person to whom the consumer law applies, who has made an agreement with the Service Provider remotely, has the right to withdraw from the agreement without the need to provide the reason and pay any charges, by making a declaration within 14 days. In order for the deadline to be met, the declaration needs to be sent within the 14 days. The 14-day period of withdrawal starts from the day when the product was delivered. In the case of a service agreement, the 14 days start from the moment of entering into the agreement. In an agreement made remotely is withdrawn, then it is considered not concluded.

7.2. The right to withdraw from an agreement made remotely does not apply to a consumer or a natural person to whom the consumer law applies, in the following cases: (1) service agreements when the provider has fully delivered the service as specifically requested by the consumer who prior to the service being delivered had been informed that once the service is completed, the right to withdraw from the service would no longer apply; (2) agreements where the product delivered is not prefabricated but made to the specification provided by the consumer and aimed at meeting their individual requirements; (3) agreements whose subject has a short expiry date or can break easily; (4) agreements to deliver digital content which is not registered to a data carrier, on condition that the delivery was made following a direct consent of the consumer before the date of withdrawal from the agreement, and that the consumer was notified that they would not have the right to withdraw from the contract.

7.3. A withdrawal from contract template is attached to these Terms and Conditions.

8. NONJUDICIAL PROCEDURES OF FILING AND PROCESSING COMPLAINTS AND ACCESS TO THESE PROCEDURES

8.1. The following only applies to Service Users who are consumers.

8.2. The following nonjudicial procedures of filing and processing complaints are available to the consumer: (1) a request to settle a dispute made to a permanent arbitration tribunal (read more at http://www.spsk.wiih.org.pl/); (2) a request to settle a dispute outside the court sent to a local inspector of the Trade Inspection (read more at the website if the trade inspector applicable to the area where the Seller operates); and (3) support of a local (city) consumer rights advocate or an organisation whose aim is to protect consumer rights (such as Federation of Consumers or The Polish Consumers Association). You can get advice via e-mail if you write to porady@dlakonsumentow.pl or by the phone if you call the consumer helpline at (+48) 801 440 220 (available on business days, 8:00 - 18:00, standard rate applies).

8.3. You can find more details on the nonjudicial procedures of filing and processing complaints that are available to the consumer at the UOKiK (Office of Competition and Consumer Protection) website: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

8.4. At http://ec.europa.eu/consumers/odr you will find an on-line platform that facilitates resolution of disputes between the consumers and businesses on the EU level (an ODR; Online Dispute Resolution site). The ODR platform is an interactive, multilingual website that offers extensive support to consumers and businesses who want to settle a dispute regarding a sales or services agreement made on-line, outside the court.

9. PERSONAL DATA

9.1. The Controller of personal data processed in our Website for the purposes of these Terms and Conditions is the Service Provider. In terms of the aim and scope, personal data is processed according to the Privacy Policy published in our Website. The Privacy Policy lists the rules applicable to processing personal data by the Controller for the sake of providing the service via the Website. It determines the basis, aims and scope of processing personal data as well as the rights of the persons whose personal data is processed. It also determines the use of cookies and analytical tools by the Website. The use of the Website is voluntary. The use of the Website is voluntary and so is the provision of personal data by the user of the Website, except for the cases stipulated within the privacy policy.

10. COPYRIGHT

10.1. All the content and graphic devices published in the Website are protected by the copyright as applicable to the Service Provider as per the Act on Copyright and Related Rights of 4 February 1994. (Dz.U. No. 24, item 83 as amended).

10.2. The Service User may view the content published in the Website, including that which is received as part of the Electronic Services, as well as download single copies of this content in so far as is legally permitted, only for personal use.

10.3. It is prohibited to use the content and graphic devices published in the Website in any other way than that which is determined in these Terms and Conditions or permitted by the applicable law.

11. REGULATIONS REGARDING BUSINESSES

11.1. The following stipulations of the Terms and Conditions only apply to a Service User who is not a consumer. Since January 1st 2021, this also applies to agreements made no earlier than on this day, by a Service User who is not a natural person making an agreement in direct relation to their economic activity when the agreement clearly shows no relation to the professional activity of said person, resulting from the nature of their economic activity as registered in the CEIDG (Central Registration And Information On Business).

11.2. At any time, the Service Provider is entitled to act to verify and validate the information provided by the Service User. As part of the verification, the Service Provider is entitled to request the Service User to produce a scan of the certificates and other documents that may be required to complete the verification. During the verification, the Service Provider has the right to suspend the Account of the Service User until the verification is completed.

11.3. The Service Provider has the right to withdraw from an Electronic Service agreement made with with Service User in 14 calendar days from the day it was concluded.

11.4. The Service Provider assumes no responsibility for any loss or inability to deliver the service as agreed if the service could not be delivered due to any errors and technical issues as well as maintenance breaks.

11.5. The Service Provider assumes no responsibility for any loss or inability to deliver the service as agreed if the service could not be delivered due to force majeure (such as hacker attacks, natural disasters, epidemics, riots or wars) or any other reasons on which the Service Provider had no influence.

11.6. The responsibility of the Service Provider towards the Service User, regardless of its legal basis, is limited (both with regard to a single claim and with regard to the total of all claims made) to the total of payments made by the Service User to the Service Provider for delivering the Electronic Services. The amount cannot exceeded 1,000.00 PLN. The above limitation applies to any claim made by the Service User towards the Service Provider. The Service Provider is only responsible towards the Service User for typical damage which was foreseeable on the day of signing the agreement, and does not hold any responsibility for any loss of profit.

12. FINAL PROVISIONS

12.1. Agreements made via the Website are made in accordance with the Polish law and in the Polish language.

12.2. To all matters not settled herein provisions of the following shall apply: The Civil Code; Act of 30th May 2014 on Consumer' Rights (Dz. U. 2014 item 827 as amended), Act of 18 July, 2002 on Providing Services by Electronic Means (Dz. U. No. 144, item 1204 as amended) and other applicable regulations of the Polish law.

12.3. Changes in these Terms and Conditions:

12.3.1. The Service Provider reserves the right to make amendments to these Terms and Conditions for important reasons (such as the change of: law, methods of payment, the scope, prices or form of providing the Electronic Services, address of the Seller) to the extent to which these changes affect these Terms and Conditions. The Service User is bound by the amended Terms and Conditions so long as the requirements of art. 384 of the Civil Code have been met, that is: The Service User has been correctly notified of the changes and did not cancel the agreement to provide Electronic Service of a continued character within 14 days from the notification.

12.3.2. Regardless of the above, no changes in these Terms and Conditions will violate in any way any rights of the Service Users who are also consumers as per art. 22[1] of the Civil Code, who used the Website before the changes were implemented. In such cases, they will have the right to use the Website as per the Terms and Conditions as they were before the change. Should amendment of the Terms and Conditions result in adding any new charges, or raising the current ones. the Service User who is a consumer has the right to cancel the agreement.

12.4. Dispute settlement: any disputes that may arise between the Service Provider and the Service User who is a consumer will be settled by the applicable common court. Any disputes that may arise between the Service Provider an the Service User who is not a consumer will be settled by the court having jurisdiction over the seat of the Service Provider/Seller.

Attachment to the Terms and Conditions: Withdrawal from Contract template