Merkato Platform Terms of Service
§1. General provisions
1. The Merkato Platform (hereinafter the "Platform") is an online IT system enabling business and scientific contacts to be established between entities from the business sector, higher education institutions and public institutions. 2. The Platform is operated by Merkato Sp. z o.o., with its registered office in Warsaw (00-001), ul. Innowacyjna 12, entered in the National Court Register (KRS) under number KRS 0001234567, tax identification number (NIP) 5213000000, statistical number (REGON) 012345678 (hereinafter the "Operator"). 3. Use of the Platform constitutes acceptance of these Terms of Service and the Privacy Policy.
§2. Definitions
The terms used in these Terms of Service have the following meanings: - User – a natural person with full legal capacity who has concluded an agreement for the provision of services with the Operator, - Organisation – a legal entity (company, university, public institution) registered on the Platform by a User, - Offer – content posted by an Organisation describing a product or service available for purchase, - RFQ (Request for Quotation) – a request for quotation addressed to one or more suppliers, - Account – the set of resources assigned to a User that enables them to use the Platform.
§3. Registration and account
1. Registration on the Platform is free of charge and requires providing an e-mail address, first name and surname, and accepting the Terms of Service and the Privacy Policy. 2. A User may link their account to one or more Organisations. The first User to register an Organisation is granted the owner role. 3. The User undertakes not to disclose their login credentials to third parties and to notify the Operator without delay of any suspected unauthorised access to the account.
§4. Rules for using the Platform
1. The User undertakes to use the Platform in accordance with applicable law, these Terms of Service and accepted standards of conduct. 2. It is prohibited to post content that is unlawful, infringes the rights of third parties, contains false or misleading commercial information, or constitutes spam or unsolicited advertising material. 3. The Operator reserves the right to remove content that violates these Terms of Service and to suspend or delete the account of a User who commits such violations.
§5. Offers and transactions
1. The Platform acts as an information intermediary and is not a party to transactions concluded between Users. 2. An Organisation posting an Offer bears full responsibility for its content, for keeping it up to date and for its consistency with the actual facts. 3. Transactions between Organisations are carried out on the basis of separate agreements concluded directly by those entities. The Operator is not liable for the performance or non-performance of those agreements.
§6. Payments and subscription plans
1. Use of the Platform under the Starter plan is free of charge and does not require payment card details. 2. Access to extended features requires purchasing the Business plan (PLN 299 net per month) or the Enterprise plan (individually priced) in accordance with the current Pricing available at /cennik. 3. Payments are handled by an external payment operator. VAT invoices are issued electronically and sent to the e-mail address specified by the User. 4. The subscription renews automatically. Cancellation must be notified at least 7 days before the end of the billing period.
§7. Personal data protection
The rules for the processing of personal data by the Operator are set out in the Privacy Policy available at /polityka-prywatnosci. The Privacy Policy forms an integral part of these Terms of Service.
§8. Liability
1. The Operator is not liable for content published by Users or for the accuracy and completeness of posted Offers. 2. The Operator does not guarantee uninterrupted operation of the Platform and reserves the right to technical breaks, of which it will, where possible, give advance notice. 3. The Operator's total liability towards the User for non-performance or improper performance of the agreement is limited to the amount of subscription fees paid by the User in the 12 months preceding the event.
§9. Intellectual property
1. All rights to the Platform, including copyright, trademarks and database rights, belong to the Operator or to entities to which the Operator has granted a licence. 2. Users grant the Operator a free-of-charge, non-exclusive, territorially unlimited licence to use content published on the Platform to the extent necessary to provide the services and to promote the Platform.
§10. Amendments to the Terms of Service
1. The Operator reserves the right to amend the Terms of Service for important technical, legal or organisational reasons. 2. Users will be notified of planned amendments at least 14 days in advance by e-mail or by a notification on the Platform. 3. Continued use of the Platform after the amendments enter into force constitutes acceptance of them. Non-acceptance is equivalent to termination of the agreement.
§11. Complaints procedure
1. Complaints concerning the operation of the Platform should be submitted electronically to kontakt@merkato.pl, including a description of the problem and details enabling the User to be identified. 2. The Operator will process a complaint within 14 working days of its receipt and will inform the User of the outcome.
§12. Final provisions
1. In matters not regulated by these Terms of Service, the provisions of the Polish Civil Code (Kodeks cywilny), the Act on Providing Services by Electronic Means (ustawa o świadczeniu usług drogą elektroniczną) and other applicable legal acts shall apply. 2. The court competent to resolve disputes arising from these Terms of Service is the court having jurisdiction over the Operator's registered office. 3. If any provision of these Terms of Service proves to be invalid or ineffective, the remaining provisions remain binding. 4. These Terms of Service enter into force on 1 May 2026.