Marketplanet OnePlace: Terms and Conditions

Welcome to Marketplanet OnePlace. To fully use the functionality of the application, please read Terms&Conditions section.

§ 1. Definitions

  1. Purchasing Action - an action undertaken by a Marketplanet OnePlace Partner, leading to the selection of a Supplier and/or placing and settling an order, goods receipt, issuing and settling an invoice;
  2. Login Activation - the moment the Service Provider activates the User Login; the Login Activation is confirmed with an email sent to the Entrepreneur's email address indicated in the Registration Form;
  3. Services Pricelist - the prices and scope of services offered within Marketplanet OnePlace, found in Annex 1 to these Terms and Conditions;
  4. Marketplanet OnePlace Certificate (Certificate) - the title given to the Supplier as a positive result of the process of certification in Marketplanet OnePlace, valid for a period of one year from the day of obtaining the Cerificate;
  5. Supplier Certification - the process of evaluating the certification questionnaire and data contained therein, leading to the grant of a Certificate;
  6. Certified Marketplanet OnePlace Supplier - an Entrepreneur whose certification questionnaire was evaluated in a positive manner and who possesses a Marketplanet OnePlace Certificate;
  7. Working days - days from Monday to Friday, excluding public holidays in the Republic of Poland;
  8. Buyer - an entrepreneur who has an active Account that allows for carrying out Purchase Actions in Marketplanet OnePlace;
  9. Supplier - an Entrepreneur who possesses an active Account allowing the participation in Purchasing Actions of a Marketplanet OnePlace Partner and/or is applying for the title of Marketplanet OnePlace Certified Supplier;
  10. Registration Form - the form available on the oneplace.marketplanet.pl website and after the first login. After the first login, the User completes the required registration data. Only a fully completed Registration Form constitutes a basis for a full Login Activation;
  11. Working hours - 9 am to 5 pm on Working days;
  12. Account - a permission attributed to the Login, allowing the use of the application within Services in Marketplanet OnePlace;
  13. Login - ID of a User registered in Marketplanet OnePlace in accordance with these Terms and Conditions. Through the Login, a registered User benefits from the Services made available through Marketplanet OnePlace. The User Login is unique and password-protected;
  14. Service Provider - company operating under the business name Otwarty Rynek Elektroniczny S.A., registered in Warsaw, listed in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, in Warsaw, XIII Economic Division of the National Court Register, KRS number 0000041441, NIP number PL 526-25-35-153, REGON number 017282436, amount of share capital PLN 14,333,320.00, share capital fully paid-up; acting as owner and administrator of Marketplanet OnePlace;
  15. Marketplanet OnePlace Partner (Partner) - an Entrepreneur who makes use of Marketplanet OnePlace to organise Purchasing Actions and/or provides services or functionalities within the framework of Marketplanet OnePlace. An Entrepreneur can be a Supplier and a Marketplanet OnePlace Partner simultaneously, in which case the scope and the provision of services are governed by separate agreements. An entity whose information regarding Purchasing Actions is published on Marketplanet OnePlace by the Service Provider, is also regarded as a Partner.
  16. Marketplanet OnePlace (OnePlace) - a set of online Services and business applications, available through an https electronic protocol at https://OnePlace.marketplanet.pl, administered by the Service Provider, who holds exclusive rights thereto, and to which the Users may get access, to an extent and according to the rules defined in these Terms and Conditions;
  17. Entrepreneur - natural person, legal person and an entity without legal personality, conducting business or professional activities on their own behalf;
  18. Recertification - the process of evaluating the certification questionnaire and data contained therein, leading to the renewal of the Certificate for another year;
  19. Terms and Conditions - this document, defining the terms of use of Marketplanet OnePlace, constituting terms and conditions as referred to in article 8 of the Act on the provision of services by electronic means of 18th July 2002 and the basis for the legal relationship binding the Service Provider with the Service Recipient and the Supplier (agreements on the provision of services by electronic means);
  20. Services - a set of services provided by the Service Provider to the Service Recipient;
  21. Service Recipient - an Entrepreneur making use of the Services provided through Marketplanet OnePlace;
  22. Service Recipient's User (User) - a natural person who is the Service Recipient or a natural person legally bound to the Service Recipient by an employment contract, a cooperation agreement or a civil law conract, unequivocally identified by an e-mail address, having access to Marketplanet OnePlace through a Login, undertaking actions within Marketplanet OnePlace on behalf of and for the Service Recipient.

§ 2. Subject of the Terms and Conditions

  1. The subject of these Terms and Conditions is to define the terms of the provision of Services within Marketplanet OnePlace, consisting in making Marketplanet OnePlace accessible and making it possible for the Users to benefit from Marketplanet OnePlace Services.
  2. Services within Marketplanet OnePlace are provided by the Service Provider.
  3. Services within Marketplanet OnePlace are provided exclusively to Entrepreneurs.
  4. The use of Marketplanet OnePlace Services is subject to the User's specific access rights to Services and business applications, the period for which the Login has been activated, as well as the Pricelist in the case of paid services.

§ 3. Liability of the Service Provider

  1. Ensuring the accessibility of Marketplanet OnePlace:
    1. The Service Provider undertakes to provide the User with access to Marketplanet OnePlace continuously, with the reservation of article 3(1)(b);
    2. The Service Provider has the right to temporarily shut down Marketplanet OnePlace and stop the provision of Services to the extent necessary to undertake and conduct planned maintenance, repairs and installation of new versions of Marketplanet OnePlace. The Service Provider will conduct these works within deadlines announced in the newsletter available to Marketplanet OnePlace Users.
  2. The possibility to access and use Marketplanet OnePlace depends on the availability and quality of data transfer connections between the User and his data transfer service provider, as well as other factors independent from the Service Provider's actions. The Service Provider cannot be held liable for problems and limitations related thereto.
  3. Subject to the provisions of applicable law, the Service Provider shall be exempted from liability for any damages, including lost profits, suffered by the User in connection to his use of Services provided by the Service Provider in accordance with these Terms and Conditions.
  4. The Service Provider is not an agent, a commission agent, an authorized agent or any other kind of legal representative of the Partner or the Supplier. Nor is the Service Provider a party to agreements concluded with the use of Marketplanet OnePlace between the Marketplanet OnePlace Partner and the Supplier.
  5. The Service Provider does not guarantee a defined number of Purchasing Actions made available for the Users within the Marketplanet OnePlace Account.
  6. The Service Recipient acknowledges that the number of Purchasing Actions depends on the needs of Marketplanet OnePlace Partners, and therefore the number of Purchasing Actions cannot be subject to claims of the Service Recipient, in particular as to the subscription fee and other fees related to the use of Marketplanet OnePlace.

§ 4. Use of Marketplanet OnePlace

  1. Access to the Marketplanet OnePlace resources and functionalities requires registration in Marketplanet OnePlace and Login Activation, according to the rules defined in article 5 herein.
  2. By using Marketplanet OnePlace, the User confirms that he has read the Terms and Conditions, accepts all of the provisions hereof and undertakes to comply with those provisions and to pay fees for using the paid services.
  3. Using Marketplanet OnePlace is possible on the condition that the User's ICT system meets the following minimum technical requirements:
    1. web browsers: Internet Explorer version 9.0 or higher, Firefox version 10 or higher, with JavaScript enabled,
    2. the website is optimised for a 1024 x 768 screen resolution or higher.
  4. The User declares and udertakes that the actions conducted by him within Marketplanet OnePlace comply with the Terms and Conditions, applicable law and principles of morality, without prejudice to the rights of third parties or the rights and interests of the Service Provider. The User, on behalf of the Service Recipient and his own, undertakes to comply with the ban on transmitting unlawful content.
  5. In particular, the User shall:
  6. use Marketplanet OnePlace in a manner not to distort its functioning, particularly by using specified software and devices;
  7. refrain from undertaking the following actions: using the Logins of other Users or making his own Login available to other Users; gaining access to Marketplanet OnePlace by means different than the interface provided by the Service Provider;
  8. refrain from IT procedures or other procedures aimed at acquiring other Users' passwords;
  9. cooperate with the Service Provider to a necessary extent, in particular provide all available information necessary to the correct use of Marketplanet OnePlace.
  10. Where the User is found to be taking advantage of Marketplanet OnePlace in breach of the Terms and Conditions, in particular udertaking actions contrary to those referred to above, the Service Provider may immediately block his Login and Account, temporarily or permanently, and also has the right to undertake all measures necessary to receive compensation for damages related to the User's actions.
  11. The Service Recipient has sole liability for the actions undertaken within Marketplanet OnePlace with the use of a valid login and password. He also holds sole liability for the acts or omissions of his employees or collaborators who are using the password or ID attributed to the User.
  12. The User must inform the Service Provider immediately of every event of violation of the rules set forth in these Terms and Conditions.
  13. Regarding all materials and information published in violation to the provisions of these Terms and Conditions, the Service Provider reserves the right to block or remove such materials and information from Marketplanet OnePlace.

§ 5. Registration with Marketplanet OnePlace

  1. The Marketplanet OnePlace Login Activation is executed solely by persons authorized by the Service Provider.
  2. The registration is a two-step procedure. After the User completes the form available on the oneplace.marketplanet.pl website, the Service Provider verifies the obtained data and activates the login temporarily, which enables the User to log in to Marketplanet OnePlace and complete the Registration Form with required data. Once the User completes the data, the Service Provider proceeds to to the full Login Activation.
  3. The Free2B Services are offered to the Supplier and Buyer free of charge. The Free2B account contains the Supplier's functionality under the previous Basic account. Details are set out in Annex 1 to the Regulations.
  4. The data of the registered Supplier/Buyer are published on the Supplier’s business card placed in Marketplanet OnePlace. At the request of the Supplier/Buyer the data can be hidden.
  5. The Supplier can gain access to B2B Services offered within Marketplanet OnePlace on the condition of obtaining the title of Marketplanet OnePlace Certified Supplier.
  6. A condition of obtaining access to B2B Services for the Buyer is the conclusion of a separate agreement with the Operator.
  7. The Buyer/Supplier can gain access to the Pro2B Services by concluding separate agreements with the Service Provider.
  8. To obtain Login Activation, the User must confirm that he has read these Terms and Conditions and agrees to the provisions contained herein.
  9. During the Terms and Conditions acceptance procedure, the User may agree to have his data processed for marketing purposes, as well as to receive commercial information to his email address indicated during registration or to another email address indicated at a later time.
  10. A registered User must:
    1. update the data indicated in the Registration Form, regarding both the Service Recipient and the User, immediately after each change thereof; data updates are done within the Account;
    2. keep his password confidential and refrain from disclosing it to third parties.
  11. The Service Provider cannot be held liable for the accuracy of data provided by Users.

§ 6. Certification within Marketplanet OnePlace

  1. The title of Marketplanet OnePlace Certified Supplier is issued after a positive verification of a certification questionnaire conducted by persons authorized by the Service Provider.
  2. During the certification process, the Supplier is obliged to provide data that are accurate, up-to-date, factually correct, not misleading and without prejudice to the rights of any third party.
  3. Having obtained the title of Marketplanet OnePlace Certified Supplier and paid the Standard Services subscription, the User/ Supplier gains access to the Standard Services. The Account of a Marketplanet OnePlace Certified Supplier is marked with an appropriate note and a graphic element, visible to Partners.

§ 7. Withdrawal from the Use of Marketplanet OnePlace

  1. The service is provided from the moment of Login Activation for an indeterminate period, until the moment of withdrawal from the use of Marketplanet OnePlace or the extinction of obligations resulting from separate agreements related to Premium Services.
  2. The User can withdraw from using of Marketplanet OnePlace at any time, by sending a request to delete their Account to the following email address: oneplace@marketplanet.pl.
  3. Withdrawal from the use of Marketplanet OnePlace is ineffective regarding the results of actions undertaken by the User within the offered Services before his withdrawal.
  4. Withdrawal from the use of Marketplanet OnePlace in a given subscription period shall in no event entitle the Service Recipient to get a refund of payments already settled for the given period, in accordance with article 10 of the Terms and Conditions and Annex 1 to the Terms and Conditions.
  5. When the subscription period comes to an end, the User's access to the Services covered by the subscription expires.
  6. The subscription is automatically extended for the next subscription period.
  7. If the User communicates his intention to withdraw from using Marketplanet OnePlace to the Service Provider no later than 30 calendar days before the end of the current subscription period, the subscription expires at the end of the given subscription period.
  8. If the Entrepreneur wishes to renew the subscription after a withdrawal referred to above, he is obliged to repeat the certification process. The provisions of article 6 related to Certification are applied accordingly.

§ 8. Privacy Policy within Marketplanet OnePlace

  1. Information regarding the Users, i.e. natural persons using Marketplanet OnePlace, constituting personal data according to article 6 of the Personal Data Protection Act of 27th August 1997 (Journal of Laws of 2002, No. 101, item 926 as amended), are processed by the Service Provider - acting as data administrator - with the aim of operating Marketplanet OnePlace, in particular with the aim of:
    1. providing Services available through Marketplanet OnePlace, described in Annex 1,
    2. handling settlements, vindication of claims and complaints,
    3. ensuring the correct functioning of Marketplanet OnePlace,
    4. compiling internal reports and analyses (including viewing statistics for Marketplanet OnePlace subpages),
    5. direct marketing of the Service Provider's own products or services.
  2. Moreover, User data can be used - subject to the User's prior consent - to create User accounts within applications of Marketplanet OnePlace Partners.
  3. Marketplanet OnePlace Certified Suppliers agree to publish their profile and certification questionnaire results on Marketplanet OnePlace websites. These data are available exclusively to Marketplanet OnePlace Partners.
  4. The Service Provider processes information regarding the Users, including their personal data, within the relevant provisions of applicable law, particularly in accordance with the Personal Data Protection Act of 27th August 1997 (Journal of Laws of 2002, No. 101, item 926 as amended) and the Act on the provision of services by electronic means of 18th July 2002 (Journal of Laws of 2002, No. 144, item 1204 as amended), with the use of security measures required by law.
  5. Each person, whose personal data are processed by the Service Provider, has the right to access, correct and complete their data. In order to do so, one should send a request to the email adress: oneplace@marketplanet.pl or call +48 (22) 25 72 223.
  6. The Service Provider reserves the right to disclose selected information regarding the User to relevant authorities or third parties who may request such information on the basis of relevant legal provisions and in accordance with applicable law.
  7. Except for the cases referred to above, information regarding the User or the Service Recipient shall not be disclosed to any third party or authority without their prior consent.
  8. User data, including personal data, shall be kept for a period no longer than is necessary for the use of Marketplanet OnePlace by the concerned persons and the execution of agreements (including vindication of claims or handling of complaints), after which the data shall be removed from the system.
  9. The Service Provider informs that the moment the User connects to Marketplanet OnePlace, the information on the number (including IP) and type of the end device, through which the User connects to Marketplanet OnePlace, appears in system logs. The Service Provider informs that they shall also process, in accordance with the laws applicable in the Republic of Poland, data related to the number (including IP) and type of the User's end device, as well as connection time to Marketplanet OnePlace and other operating data regarding the User's activity. The data is processed mainly for technical purposes and general statistics.
  10. The Service Provider uses cookies with the aim to collect information on the use of Marketplanet OnePlace. Cookies allow to identify the User's computer, in particular for the purpose of ensuring that his account is used by a person who enters the correct login and the password attributed to it.
  11. The Service Provider reserves the right to inform the public of the fact that the Service Recipient is using Services within Marketplanet OnePlace.

§ 9. Complaints and Technical Support

  1. Complaints related to the functioning of Marketplanet OnePlace should be sent to the following email address: oneplace@marketplanet.pl.
  2. A complaint should include: User name, login, email adress indicated during registration, as well as the reason for the complaint and a detailed description thereof.
  3. The Service Provider examines the complaint within 14 Working days from the day of its reception and informs the User immediately, by email, of how the complaint shall be dealt with. In the event that the data or information indicated in the complaint are incomplete, the Service Provider requests the person who filed the complaint to complete it before proceeding to its examination. The time of providing additional information by the User extends the period for examining the complaint.
  4. Complaints resulting from the non-compliance with these Terms and Conditions shall not be examined by the Service Provider.
  5. A registered User can take advantage of technical support related to the use and the day-to-day operation of Marketplanet OnePlace.
  6. A registered User can get technical support by calling +48 (22) 25 72 223 or sending a request by email to the address oneplace@marketplanet.pl during Working hours.

§ 10. Payment

  1. The use of Services, outside the scope of free services offered under the Free2B Account, requires the Service Recipient to make a payment according to the pricelist found in Annex 1 to these Terms and Conditions. This payment shall be increased by due Value Added Tax (VAT), calculated according to applicable law.
  2. The User may settle the payment referred to in article 10(1) through the PayU payment service provided by PayU S.A., registered at ul. Marcelińska 90, 60-324 Poznań, made available within Marketplanet OnePlace. A VAT invoice shall be issued no later than 7 Working days after settling the payment by the User.
  3. The User may also settle the payment by a wire transfer, on the basis of a VAT invoice issued upon his request.
  4. Should the Service Recipient not obtain the title of Marketplanet OnePlace Certified Supplier, the Service Provider shall refund the fees related to Certification and Subscription within 30 days.
  5. The use of Services within the scope of Free2B Services for Suppliers Marketplanet OnePlace Partners, related to the services for those Partners, is free of charge when participating in Purchasing Actions of those Marketplanet OnePlace Partners.

§ 11. Final Provisions

  1. The Service Provider stipulates that Marketplanet OnePlace, particularly its functionalities and navigation solutions, selection and layout of content presented therein, logotypes, grafphic elements and interactive applications, is subject to the exclusive rights of the Service Provider or Marketplanet OnePlace Partners.
  2. The provisions of these Terms and Conditions, including the terms of registration and use of the Services of particular Marketplanet OnePlace Users, may be governed by separate agreements between the Service Provider and a Marketplanet OnePlace Partner.
  3. Failing to accept these Terms and Conditions is equal to declining the Services provided by the Service Provider within Marketplanet OnePlace.
  4. The Service Provider reserves the right to amend these Terms and Conditions at any time. Amendments to the Terms and Conditions take effect from the moment they are announced and posted on the Marketpanet OnePlace website. For Users, the further use of Marketplanet OnePlace shall only be possible if they agree to the amended version of the Terms and Conditions. Provisions of the prior version of the Terms and Conditions shall apply to the Purchasing Actions that were ongoing (uncompleted) when the changes took effect.
  5. If any provision of these Terms and Conditions shall be deemed invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the provisions hereof. A rule closest to the objectives of the invalid provision and to the Terms and Conditions in their entirety shall be applied instead.
  6. Any disputes that may arise between the Service Provider and the User shall be settled by a court competent for the Service Provider's registered office.
  7. The provisions of these Terms and Conditions are subject to Polish law. To all matters not settled herein, the applicable law, particularly the provisions of the Civil Code and other acts, shall apply.
  8. 6. The Terms and Conditions shall enter into force on 25th November 2019.
  9. The following Annexes constitute an integral part of the Terms and Conditions:
    1. Annex 1 - Pricelist and Scope of Services

I hereby agree to the Terms and Conditions

I hereby agree that my data, including my personal data, may be used for the purpose of creating an account within applications supporting the processes of Marketplanet OnePlace Partners. We hereby inform you that upon your acceptance, your data shall also be administered by the relevant Marketplanet OnePlace Partners (contact details are available through the Marketplanet OnePlace account). In accordance with the Personal Data Protection Act of 29th August 1997, you have the right to access, correct and complete your data, as well as the right to demand that they cease to be processed and be removed. The removal of obligatory data or the withdrawal of your acceptance means that you can no longer use the accounts in the applications of Marketplanet OnePlace Partners.

I hereby agree that my personal data may be processed and used for marketing purposes and stored in the Marketplanet OnePlace database, in accordance with the Personal Data Protection Act of 29th August 1997 (Journal of Laws No. 133, item 883). In compliance with the Act on the provision of services by electronic means of 18th July 2002, I hereby agree to receive commercial and marketing information by electronic means from the company operating under the business name Otwarty Rynek Elektroniczny S.A., registered in Warsaw, as well as from Marketplanet OnePlace Partners.