TERMS OF USE
These Terms of Use govern the contractual relationship between you (hereinafter "the User") and CARGONEXX GmbH, c/o DigitalHub, Am Sandtorkai 32, 20457 Hamburg, Germany (hereinafter "CARGONEXX") with respect to the use of the Internet-based platform operated by CARGONEXX (hereinafter "Platform").
Only commercial customers (i.e. companies within the meaning of § 14 BGB) are permitted to use the platform. The use of the platform is exclusively based on these Terms of Use. Any other terms and conditions of the users shall not apply, even if CARGONEXX does not expressly object to their application.
1. registration
1.1 Registration is required to use the platform.
1.2 Registration on the platform is free of charge.
1.3 The contract for the use of the platform is concluded by registration of the user. CARGONEXX will confirm the conclusion of the contract to the user by e-mail. CARGONEXX reserves the right to refuse individual registrations without giving reasons.
2. service description of the platform
After registration, the user has access to the following functions of the platform:
a) Use of software solutions to support work processes and communication with business partners. Offered software solutions are basically free of charge unless a separate contract is concluded from which costs are clearly stated.
b) mediation of transport orders of third parties and the possibility to conclude transport contracts with third parties.
c) mediation of third party forwarding orders and the possibility to conclude forwarding contracts with third parties.
3. rights of use
3.1 The User shall receive a simple, revocable, non-transferable and non-sublicensable right to use the functions of the platform, which right shall be limited in time to the term of the User Agreement and in content to the intended use of the platform.
3.2 Registration does not imply any claim to permanent availability of the platform. CARGONEXX reserves the right to take the platform temporarily offline, e.g. for maintenance purposes. Furthermore, CARGONEXX cannot exclude the possibility that the platform may be temporarily unavailable due to technical failures.
3.3 Not included in the intended use are in particular:
a) Use for unlawful purposes, including but not limited to criminal laws, intellectual property laws, data protection and privacy laws;
b) Publication and distribution of offensive and/or pornographic materials;
c) Using information or materials that infringe patents, trademarks, trade secrets, copyrights or other proprietary or intellectual property rights;
d) Identity theft and/or unauthorized access to other users' accounts;
e) Bypassing, removing, damaging or otherwise interfering with security mechanisms, in particular functions that prevent or restrict the use or copying of content accessible through the Service, or functions that enforce restrictions on the use of the Service;
f) The disruption of the operation of the Platform, in particular the use of the Service by a third party, such as by uploading or otherwise spreading viruses, worms or other malicious code;
g ) (Attempted) hacking and/or password mining and/or (Attempted) other means to gain unauthorized access to the Platform or any part thereof, other accounts, computer systems or networks connected to the Service or any part thereof, or to disrupt the proper functioning of the Service or activities conducted with the Service;
h) Use bots, crawlers, and/or other automated means to access the Application or circumvent measures CARGONEXX may use to prevent or restrict access to the Service without express written permission from CARGONEXX; modify the Service in any way or form, nor use modified versions of the Service, including, but not limited to, for the purpose of obtaining unauthorized access to the Service; or
i) The sale or transfer of the Application or the ability to access the Users' account password, profile or account to or from another User.
4. duties and liability of the user
4.1 The User shall ensure that the information the User provides to CARGONEXX upon registration and during the use of the Platform is accurate, current and complete. It is the user's responsibility to ensure that the data stored on the platform and, if applicable, transmitted to third parties is always correct.
4.2 The user is liable for the accuracy of his information.
4.3 CARGONEXX may perform a plausibility check on User's data and documents uploaded to the Platform. If CARGONEXX becomes aware of any discrepancies or inconsistencies, CARGONEXX shall notify User thereof.
4.4 Since the user is responsible for all activities under his account, it is the user's responsibility to keep his password strictly confidential at all times and to take suitable and sufficient precautions against unauthorized access.
4.5 The documents uploaded by the User shall be checked by the User for harmfulness (viruses, Trojans, etc.) in accordance with the current state of the art.
4.6 User must notify CARGONEXX immediately if User becomes aware of any unauthorized use of User's account or if User has any doubt about the confidentiality of User's password. If CARGONEXX has reasonable grounds to suspect that User's password is no longer confidential, CARGONEXX may terminate User's account and/or require User to change his or her password.
4.7 The User shall be solely liable for any damage caused by the conduct or improper use of the platform by other Users.
5. term; termination
5.1 Upon registration, the user agreement shall come into effect with an indefinite term. Both parties may terminate the user agreement at any time without notice, unless the parties have concluded a separate agreement pursuant to Section 2 of this user agreement and this agreement specifies different notice periods. The termination must be made in text form. After termination of the user agreement, the user has the right to save the data stored in the portal upon request within a period of 14 days.
5.2 Any termination of this User Agreement shall not affect any transport contracts or freight forwarding contracts already concluded via the platform. Transport contracts or forwarding contracts already concluded shall be fulfilled as agreed after the termination of the User Agreement.
5.3 If CARGONEXX has reasonable grounds to suspect that User is in breach of these Terms of Use, CARGONEXX reserves the right to disable User's access to the Services without notice.
5.4 A reasonable suspicion within the meaning of these Terms of Use is in particular,
- If the user provides false information during registration or, if applicable, transmits false information to third parties via the platform;
- Breaches of cardinal obligations.
6. data protection
CARGONEXX undertakes to comply with the statutory provisions on data protection. In particular, reference is made in this context to the data protection declaration.
7. liability of CARGONEXX
The liability of CARGONEXX for the use of the platform is generally limited to gross negligence or intent. In case of slight negligence, liability is limited to the violation of essential contractual obligations, i.e. obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner regularly relies and may rely (so-called cardinal obligations), and to the foreseeable damage typical for the contract. Liability for damages arising from injury to life, body and/or health as well as liability under the Product Liability Act shall remain unaffected by sentences 1 and 2.
8. changes to the terms of use
CARGONEXX reserves the right to modify, amend or supplement the Terms of Use (in particular in the event of changes in the law, changes in supreme court rulings). CARGONEXX will notify the user by e-mail in due time, at least two weeks in advance, of any planned changes. The user has the option to object to the change of the terms of use within a period of two weeks after the announcement of the change. In the event of such objection, CARGONEXX shall have the right to terminate the user relationship with the user without notice and to deactivate the user's account. Section 6 of these Terms of Use shall apply accordingly. If User does not object within the specified period, the modified Terms of Use shall be deemed accepted. When notifying the user of the planned changes, CARGONEXX will inform the user of the right to object and of the legal consequences of exercising or not exercising this right.
9. general provisions
9.1 There are no verbal collateral agreements to these Terms of Use.
9.2 German law shall apply exclusively to all disputes arising from this agreement and its implementation. The place of jurisdiction shall be Hamburg.
9.3 If individual provisions of these Terms of Use are invalid or unenforceable in whole or in part or subsequently lose their validity or enforceability, this shall not affect the validity of the rest of the Terms of Use. In this case, the contracting parties undertake to replace the invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible to the purpose of the Terms of Use. The same shall apply in the event of a gap in the contract.
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