Platform Policy

§ 1. Definitions

For the needs of these Regulations, the following terms applied in them shall have the meanings provided below:

  1. Online Platform Administrator: European Debt Register, European Quarter – Schuman 2-4 Schuman Roundabout
    1040 Brussels – Belgium – brand of National Institute of Economic Law Sp. z o.o. ul. Grzybowska 87 00-844 Warsaw KRS (National Court Register Entry): 0000598463 NIP (Tax Payer ID): 5272757671 REGON (National Business Registry No.): 363591333
  2. The Regulations shall mean these Regulations developed and approved by the Online Platform Administrator along with annexes and potential amendments.
  3. Debt Exchange shall mean the online platform available on the address https://eudr.org/
  4. Entrepreneur shall mean an entity running a business operation for commercial purposes
  5. Creditor shall mean an entity entitled to a Debt generated in the course of business activity.
  6. Debt shall mean an existing financial liability originated in the course of business activity and from a legal source which the Online Platform User is entitled to, and to which an order to publish information about a possibility of selling thereof within the Online Platform is related. A debt should be substantiated in particular with a bill, a VAT invoice, a legally binding decision of a court of general jurisdiction including an enforcement clause or a legally binding settlement, entered into before a court of general jurisdiction, including an enforcement clause.
  7. Debtor shall mean an entity burdened with a duty of fulfilling a financial obligation towards the Creditor.
  8. Service shall mean a service provided by the Online Platform Administrator to the benefit of the Users by means of the Online Platform.
  9. Content shall mean text, photographs, graphs, video material, etc. in particular constituting a piece of work within the meaning of the act of February 4 1994 of the copyright law and related laws (Journal of Laws of 1994, No. 24, item 83, as amended). The above constitute an object of the Online Platform Administrator’s intellectual property and are protected by the generally binding regulations of law.
  10. Claim shall mean a claim made by a User or Debtor towards the Online Platform Administrator in relation to improper provision of the Service by means of the Online Platform.

§ 2 Legal force of the Regulations

  1. The Regulations of the Online Platform constitute regulation under the act of July 18 2002 of the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204 as amended), and also a master agreement within the meaning of the act of April 23 1964 – the Civil Code (Journal of Laws of 1964, No. 16, item 93 as amended).
  2. The Online Platform Administrator is entitled to introduce changes to the Regulations at any time.
  3. Such changes shall not affect Users’ entitlements and obligations; periodic special offers and discounts shall not be deemed to be changes to the Regulations.
  4. The User may initiate talks with the Online Platform Administrator with the purpose of entering into agreement of the use of the online platform following rules adjusted to individual needs.
  5. The provisions of an individual talk with a User may result in modification of the entitlements and obligations arising from the Regulations. In the event of a contradiction between the provisions of the agreement mentioned in sentence 1 and the Regulations, the provisions of the agreement shall have precedence.

§ 3 Access to the Online Platform

  1. All users of the Internet have access to the generally available part of the Online Platform.

§4 General terms of the use of the Online Platform

  1. All Users as well as the Online Platform Administrator are obliged to use the Online Platform following the conditions stipulated in the Regulations.
  2. The User is obliged to use the Online Platform for what it is intended and in good faith. The User is obliged in particular to use the Online Platform in a manner which does not interfere with its operation, i.e. in a manner which is not bothersome to both the Online Platform Administrator and other Users, with respect for their entitlements, particularly those arising from the act of April 16 1993 of combating unfair competition (Journal of Laws of 1993, No. 47, item 211 as amended).
  3. In particular, the User should publish within the Online Platform information about the Debtor and existing and substantiated Debts which is exclusively up-to-date, consistent with the actual state, and originating from a legal source.
  4. It is in particular forbidden to undertake action involving the following:
    • distribution within or via the Online Platform of unsolicited commercial information (so-called spam, pursuant to the act of July 18 2002 of the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204 as amended));
    • Registering the same entity a few times;
    • publication within the Online Platform of any illegal content;
    • use of other Users’ accounts or attempts to log into them;
    • making own account available to other Users;
    • processing data obtained via the Online Platform against the provisions of the Regulations or generally binding laws;
  5. The Online Platform Administrator reserves the right to publish within the Online Platform advertising content related to the services and goods offered by the Online Platform Administrator or third parties.
  6. The Online Platform Administrator remains the sole owner of the intellectual property rights, including copyrights and industrial property rights, to any Content, materials, information, data bases and software included, used or made available within the Online Platform.

§5 Legal relations between Users of the Online Platform

  1. Information included within the Online Platform about a possibility of selling debts is not an offer within the meaning of art. 66 of the Civil Code but an invitation to enter into agreement pursuant to art. 71 of the Civil Code. The User is not obliged to take a stance on an offer made by a potential buyer of a Debt.
  2. The Online Platform is not a platform for entering into agreements of debt sales or any other agreements between its Users.
  3. In the event of a debtor’s repayment of a Debt or sale thereof, the Creditor is obliged to immediately remove information about the Debts from the Online Platform. If the Creditor is not an Issuer, it is obliged to immediately inform the Issuer of a repayment or sale of a Debt. In such an event, the obligation of removing the debt from the Online Platform is transferred to the Issuer.
  4. If the Debtor has made a partial repayment, the Creditor (or the Issuer, pursuant to § 6 sec. 3) is obliged to decrease the amount of the Debt within the Online Platform by the amount repaid.

§ 6 The list of Services provided by the Online Platform Administrator

  1. The Online Platform Administrator provides in particular the following Services by means of the Online Platform:
    1. publication within the Online Platform of information about a possibility of sale of Debts along with a possibility of subsequent modification or removal of the information,
    2. viewing advertisements about a possibility of sale of Debts and making relevant purchase offers,
    3. reception of offers of Debt purchase and conveying thereof to the Creditor,
    4. promotion (highlighting) of Debts on the Online Platform’s main page,
    5. possibility of making oneself acquainted with the Content made available.

§ 7 Data processing

  1. Processing of the Debtor’s data is carried out without their consent, with a legally justified purpose being demanding settlement of liabilities arising from business operation, pursuant to art. 23, sec. 1, item 5 and art. 23, sec. 4, item 2 of the act mentioned in sec.1, Act of 9 April 2010 on the Disclosure of Economic Information and the Exchange of Economic Data (J. of Laws No. 81, item. 530, as amended).
  2. The Creditor or an authorised Issuer conveys to the Online Platform Administrator the Debtor’s data (telephone number, e-mail address, address of residence, and data related to their business operation) making it possible to the data administrator to fulfil the information obligation arising from art. 25, sec. 1 of personal data protection. In the event this data appears to be incorrect, the Online Platform Administrator may withhold publication of the information on the Debt until the data is corrected.
  3. Once the information on the Debt is published on the Online Platform, the Online Platform Administrator may – at the Issuer’s request – inform the Debtor of the fact of their data having been published on the Online Platform.
  4. The Debtor is entitled to make a justified demand to remove information related to their liability and access and correct data concerning them (including personal data). Any such demands must be detailed and accurate, and in the event of a demand to remove information about the debt, they should also be lent credence to (e.g. with a scanned wire transfer slip to substantiate non-existence of liability), under pain of not considering such a demand.

§ 8 Liability

  1. The Online Platform Administrator maintains constant supervision over the operation of the Online Platform, but it is not responsible for technical difficulties related to provision of services by electronic means.
  2. It is indispensable for the use of the Online Platform to apply a device with access to the Internet and an Internet browser, which the User must make available to themselves on their own. The User is exclusively responsible for the correctness of the operation of the above mentioned devices and functions.
  3. Bearing in mind the information and service oriented character of the Online Platform, the Online Platform Administrator bears no responsibility for any damage experienced by Users when using the Online Platform within boundaries of the law. Neither is the Online Platform Administrator responsible for the authenticity of the data published by the Users of the Online Platform, in particular those concerning the existence and quality of Debts published.
  4. The Debtor may be notified – at the Issuer’s request – by the Online Platform Administrator of the information on the Debts having been made public on the Online Platform by means of an e-mail message or text message sent to the address/number provided by the Issuer. The User is responsible for the authenticity of Debtor data delivered.
  5. The User’s breach of the provisions of the Regulations of legal regulations in force may result in suspension of Services. In the event the breach constitutes an act prohibited by the criminal law, the Online Platform Administrator shall notify competent law enforcement bodies of this fact.

§ 9 Final provisions

  1. The regulations enter into force on the day of publication thereof on the website https://eudr.org/
  2. In any instance a word used in the Regulations begins with a capital letter, it has the meaning stated in §1 of the Regulations.
  3. The priority form of communication, correspondence and message delivery between the Users and the Online Platform Administrator is the electronic form.
  4. The Online Platform Administrator and the User shall strive for amicable settlement of any disputes arising in relation to the provision or use of the Services by means of the Online Platform or these Regulations.
  5. Any disputes remaining unsettled amicably shall be submitted to a court having jurisdiction over the location of the Online Platform Administrator’s registered office.
  6. In the event any provisions of these Regulations are deemed to be null on the grounds of a legally binding decision of a court or a final decision of a competent administration body, all remaining provisions shall remain in force.

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