These Terms and Conditions of the Aleo platform govern your use of the Platform, as defined below, and at the same time govern your legal relation with ING Uslugi dla Biznesu S.A. Your access to the Platform and use of its functionalities should always be in compliance with these Terms and Conditions.
IMPORTANT: By accepting these Terms and Conditions you enter into a legally binding agreement with the Operator.
a separate section of the Platform attributed to a given User, accessible by the User upon the provision of a password and an ID. Under conditions specified by the Operator in these Terms and Conditions or stated otherwise, Operator is entitled to allow User to use additional identification numbers or passwords assigned to the account as its integral part. The account allows the User to manage User-related information and to carry out legal and factual actions ascribed to the given User.
the Platform’s functionalities or other services provided by the Operator, the use of which is conditioned on the declaration of will through Platform’s mechanism and can be conditioned upon the payment of an additional fee specified in the Price List, which constitutes an Appendix to the Terms and Conditions, or in the Additional Terms and Conditions, subject to the Terms and Conditions or the Additional Terms and Conditions. In a timeframe defined by the Operator, the Operator can provide the User with additional services free of charge, without prior submission of a declaration of will by the User, which does not mean any commitment of the User to continue using these services after this period, neither obligation of the User to pay fee for the services.
Additional Terms and Conditions
an e-document, available through the Platform, which the Operator may use to offer new Additional Services, discounts, rebates, promotions related to the use of the Additional Services, change the scope of the Basic Package Services and other commercial conditions. The User’s and Operator’s rights and obligations not regulated under the Additional Terms and Conditions are specified in the Terms and Conditions.
the agreement for the provision of the Services executed between the Operator and the User or the Non-Registered User upon the User’s or Non-Registered User’s approval of the Terms and Conditions.
Basic Package Services
the Platform’s functionalities that include the services of: User profile, request for proposal, purchase and sales auction, offers, orders, product catalogue, notifications and internal communication and all the other functions not defined explicitly as Additional Services.
Ultra High Risk Countries
mean countries such as: Cuba, Iran, Sudan, Syria, North Korea. The list of countries indicated in the previous sentence may be amended by the Operator by way of amending the Terms and Conditions as indicated in clauses 16.1 to 16.4 of the Terms and Conditions.
entities related to the Operator or ING Bank Śląski S.A. or their shareholders or affiliates which constitute a capital group within the meaning of the applicable provisions of law and any other entities located in Poland or in any other country that are or will be connected financially, organizationally or personally to ING Bank Śląski S. A., its shareholders or affiliates.
Electronic Banking ING
an e-banking system allowing electronic access to a bank account, transactions and other functionalities maintained by some of the entities from ING Group.
a natural person who carries out business activity, a civil law partnership, a legal entity or an organisational unit other than a legal entity having its registered office in a country other than an Ultra High Risk Country that, under the provisions of the applicable law, has legal capacity and is fully entitled to undertake legal acts and entered into the Agreement with the Operator. A consumer within the meaning of the applicable law, particularly a person whose activity and use of the Platform is not connected to a professional or business activity, may not be a Non-Registered User of the Platform and may not use the functionalities offered by the Platform.
ING Usługi dla Biznesu S.A. with its registered seat in Katowice at ul. Chorzowska 50, 40-121 Katowice, entered into the Companies Register at the District Court for Katowice-Wschód 8th Commercial Division of the National Court Register under no. KRS 0000408358, REGON (statistical number): 242834901, NIP (taxpayer identification number): 6342805313, e-mail address: firstname.lastname@example.org.
an IT system that fulfils the function of a B2B („business to business”) e-commerce platform, available to the Users and Non-Registered Users under the ALEO brand, and available particularly under www.aleo.com, owned and managed by the Operator.
Attachment no. 1 to the Terms and Conditions, indicating the amount of remuneration due to the Operator in relation to the provision of the Services, including, in particular, the Additional Services.
Public Tenders Notification Service
Additional Service consisting in sending to the Userself-configurable notifications about the public tenders organized by the legal entities obliged to follow public tender proceedings, available on the Platform.
Terms and Conditions
this document constituting the general terms and conditions of the Agreement entered into between the Operator and the User.
a User who is a contracting authority within the meaning of the applicable provisions of law related to public procurement.
each agreement, including a sales or rent agreement, executed between the Users through the Platform and in compliance with the terms specified in the Terms and Conditions. In order for a Transaction to be in force, the User is not required to hold a Verified Account, unless otherwise stated in this Terms and Conditions.
a natural person who carries out business activity, a civil law partnership, a legal entity or an organisational unit other than a legal entity having its registered office in a country other than an Ultra High Risk Country that, under the provisions of the applicable law, has legal capacity and is fully entitled to undertake legal acts and entered into the Agreement and provided true and accurate information required by the Operator during the process of registration on the Platform. A consumer within the meaning of the applicable law, particularly a person whose activity is not connected to a professional or business activity, may not be a User of the Platform.
an account for which the User’s identity has been verified. The verification of the User’s identity is optional. For the avoidance of doubt, the Platform may be used by the Users that do not hold a Verified Account. The Operator supports the secure use of the Platform and aims to create a trustworthy environment for professional trade. For that reason, the Operator reserves the right to limit, in certain cases, the functionalities that may be used by Users that do not have Verified Accounts (e.g. selected Additional Services or the financial services offered on the Platform by the ING Group entities), without stating any reason for the above limitation.
· the subject matter of the auction (auctions relating to a single subject matter or multiple subject matters are possible);
· the value at which bidding starts;
· the minimum and maximum bid increment;
· the start date of the auction (the time from which it is possible to submit bids) and its duration (from 20 to 120 minutes);
· if the amount of the best offer so far is to be visible for the auction participants;
· if the auction is to be visible in the publicly available catalogue;
· the validity period of the offers.
a) in the case of a purchase auction – once the organiser uses the „place an order” functionality in the auction panel in the „Participants” section, where the participants’ offers are available, provided that the offer validity period has not expired. An auction participant who has received such an order from the organiser is obliged to update prices of the subject matter of the auction so that the sum of the prices for the individual items is equal to the aggregate price bid at the auction (or a lower one) and to provide the other party with an offer that has been updated accordingly.
b) in the case of a sales auction – once the participant receives a sales offer placed by the auction organiser. The offer recipient is obliged to accept such offer. A User who places a sales offer referred to above, prior to submitting its offer, is obliged to update the prices of the individual subject matters of the auctions so that the sum of the prices for individual items is equal to the aggregate price bid at the auction and to provide the other party with an offer that has been updated accordingly.
a) the User or the Operator submitting a statement on the termination of the agreement, in which case the notice period will be 30 days;
b) the Operator terminating the agreement, subject to the terms indicated in clause 13.2 of the Terms and Conditions.
a) a violation referred to in clause 8.5 of the Terms and Conditions has been committed,
b) the User has provided inaccurate registration data,
c) the ban on providing unlawful contents has been violated, including as regards contents that violate exclusive rights of third parties, in particular in the case referred to in clause 85 of the Terms and Conditions.
d) the violation of the clause 8.7 of these Terms and Conditions, including Users’ actions aimed at disrupting the functioning of the Platform’s IT system, or causing other registered or unregistered Users or Operator difficulties to use the Platform
e) the User has traded in materials that have been excluded from trade under the provisions of applicable law or has conducted business activity without relevant consents, authorisations or concessions,
f) the User has undertaken other actions that could bring about damage to other Users or the Operator.
g) sending electronic messages, offers, invitations to sale auctions and requests for proposal to other users that are not in accordance with these Terms and Conditions.
· Microsoft Internet Explorer version 8 or newer
· Mozilla Firefox version 14 or newer,
· Google Chrome version 19 or newer,
· Apple Safari version 5 or newer.
Attachment no. 1. Price List
|For Users who are customers of ING Bank Śląski S. A.||For Users who are not customers of ING Bank Śląski S. A.|
|Use of the Basic Package Services|
||Free of charge||Free of charge|
|Use of the Additional Services|
||Free of charge||Free of charge until 29.02.2016.|
Attachment no. 2. List of items and services that may not be offered on Aleo
The following items and services may not be subject to trade on the Platform: