Terms & Conditions
The use of the Cargoclix platform is subject to the following General Terms and Conditions.
Cargoclix offers IT solutions for the transport and logistics sector. Details of the services offered can be found in the descriptions stored on the Cargoclix Internet platform.
All professional shippers, shippers, forwarders and carriers, whether legal or natural persons, can register as users.
3.1 Registration takes place online on the platform. By registering, the user makes a binding application for admission to the platform.
3.2 If there is nothing to prevent approval, Cargoclix will activate the user and inform him/her by email, fax or letter. There is no right to admission.
4. Legal relations and contractual relationship
4.1 There are legal relationships between the users and Cargoclix only with regard to the provision of the platform in accordance with these terms and conditions.
4.2 Cargoclix is not involved in the contractual relationship between the users. Cargoclix therefore also does not guarantee that the contracts mediated between the users via the platform can be properly executed and are carried out. The execution of contracts brokered via the platform is the exclusive responsibility of the users involved in the respective business. Cargoclix therefore does not mediate or mediate in disputes between users.
5. Conclusion of contract among the users
5.1 If no other agreements have been made, the users of the platform undertake to accept the following provisions in the current version as the basis of the contractual relationship in the event of a contract being concluded for transport services:
- ADSp (Allgemeine Deutsche Spediteursbedingungen) for orders within Germany.
- CMR (Convention relative au contrat de transport international de marchandises par route) for other contracts.
Clients may exclude or modify the above provisions prior to the conclusion of a contract. In particular, the agreement of individual liability limits and payment periods is possible.
5.2 The start and end time of transactions, as well as the time of the conclusion of the contract between the users, is determined in doubt by the system time of Cargoclix (see 9.1).
5.3 A user bid is only valid and permissible if it does not refer to own transactions (no self-contracting). This also applies if several persons of a company act on Cargoclix.
5.4 In order to ensure a smooth trading process, the User is obliged to follow the trading on the Cargoclix platform and incoming system messages and emails at all times.
6. Fees and method of payment
6.1 The prices and fees for the use of the services of Cargoclix can be found in the current price lists stored on the platform or in an offer submitted to the user.
6.2 Cargoclix will notify the user of changes in prices within a reasonable period before they take effect by means of a corresponding notice on the website, by system message, e-mail, fax or letter. With the first action on the platform after the notification and taking effect of the changes, the user declares his agreement with the currently valid version of the prices.
7. Right to restrict services
Cargoclix is entitled to change the scope of the services to be provided under this contract if the changes are not unreasonable in good faith for the user, taking into account mutual interests. Cargoclix informs users of significant changes to the scope of services.
8. Prohibited objects of trade, publication of information, compliance with legal regulations
8.1 The following objects may not be made the subject of a transaction when using the platform:
Unlawful actions or other goods or services that violate legal regulations, in particular
- Racist, discriminatory or violent material,
- War weapons, weapons, ammunition and parts thereof, etc.
- Any product or service that violates any applicable law.
8.2 Users are obliged to independently ensure compliance with all legal regulations in the conclusion and execution of the contracts mediated via Cargoclix. This applies in particular with regard to compliance with data protection regulations, public charges (taxes, customs duties, etc.), import and export restrictions, reporting obligations and deadlines, minimum wage regulations, permits, storage and transport regulations (hazardous goods), formal requirements, special requirements for contractual partners (legal capacity, public law permits, etc.), assessment deadlines, certificates of no objection, etc.
8.3 When publishing information via the Cargoclix platform (e.g. by uploading files or sending messages to other users, etc.), the users are obliged to ensure that they independently comply with all legal regulations. Cargoclix is not responsible for the content published by users.
9. Communication and sending e-mails to users
9.1 Messages are always exchanged via the Cargoclix input masks, by system message, e-mail, fax or letter. In principle, the system time of Cargoclix is the decisive time.
9.2 If Cargoclix uses telephone communication media, Cargoclix is obliged to confirm the contents of the telephone message to the user upon request by e-mail, fax or letter.
9.3 The users and Cargoclix will reply to the sender immediately upon receipt of a message, unless a reply is dispensable according to the content of the message.
9.4 Invitations and notifications of invitations to tender and transactions shall be communicated to the User via notices on the Website, by system message, e-mail, fax or letter.
9.6 The receipt of messages by email can be administered and cancelled by the users via the user administration. If you have any questions, please contact Cargoclix Customer Service.
10. Protection of access
10.1 When registering, the user chooses a user name and a password that allow him access to the platform.
10.2 Users can change their password on the Cargoclix website.
10.3 The user is obliged to keep the password secret. The user is liable for any misuse of user name and or password.
10.4 Cargoclix is entitled to change the user name and password at any time for security reasons or to block accounts. The user will be informed immediately in case of any changes.
11. Duties of users to cooperate and provide information
11.1 The user is obliged to provide all information requested by Cargoclix upon registration truthfully and completely.
11.2 The user must use the Cargoclix platform with the care of a diligent businessman. He shall in particular ensure that the functionality is not impaired. The user must take appropriate and state-of-the-art security measures for his Internet connection. These safeguards shall ensure that data on the platform is not compromised by computer viruses or similar phenomena that may cause unintentional alteration, withholding or deletion of data. The user must inform Cargoclix immediately of any changes or problems occurring in his area if these are likely to impair the provision of services or the security of the platform.
11.3 The user is obliged to inform Cargoclix immediately about occurred or imminent malfunctions of the platform or their failure.
11.4 The user is obliged to inform Cargoclix if an unauthorised third party obtains knowledge of the password or if an unauthorised third party is threatened. This applies accordingly if a previously authorized person loses his authorization to use the account.
11.5 The user undertakes to observe the technical requirements stated on Cargoclix's homepage and to comply immediately with Cargoclix's technical instructions during ongoing operation of the platform in order to avoid faults or to rectify faults.
11.6 The User undertakes to cooperate in the investigation of attacks by third parties on the Platform, insofar as this cooperation is reasonable for the User.
11.7 The user is obliged to notify Cargoclix immediately of any changes to information requested during registration on the platform (changes of address, etc.).
11.8 The User may not communicate any content within the Platform that may infringe the rights of third parties.
11.9 In his own interest, the user is required to make regular and application-appropriate data backups.
12. Exclusion from the platform
12.1 Cargoclix is entitled at any time, particularly in the event of serious breaches of contract, to block users from accessing the platform with immediate effect. This includes that all content and information originating from the excluded users will be immediately removed from the Internet pages by Cargoclix. Cargoclix will take into account current transactions and trading activities, insofar as this is reasonable for Cargoclix.
12.2 A serious infringement within the meaning of Clause 12.1 applies in particular if a user makes false statements within the meaning of Clause 11.
13. Copyright, license, linking
13.1 Cargoclix's internet pages, including their design and contents, in particular all graphics, logos, buttons, symbols, audio samples, software, texts etc. may not be reproduced, distributed, edited or publicly reproduced without the consent of Cargoclix. This also applies to documentation on software and all performance-related documents such as operating instructions, etc. Only Cargoclix is entitled to use the software of the platform. The programs may neither be duplicated nor distributed by the users.
13.2 Links to Cargoclix's Internet pages are generally permitted. However, links are inadmissible if the design of the initial page does not make the linking sufficiently clear to the user, in particular if it is not clear that the user will reach the Cargoclix website after clicking on the link. Therefore, any inline linking without the prior consent of Cargoclix is prohibited. Furthermore, links that are suitable for negatively influencing Cargoclix's offer, in particular links from or to sites with illegal or immoral content, are inadmissible.
13.3 Cargoclix is not responsible for the content of third party websites, even if Cargoclix refers to them.
14.1 Cargoclix does not guarantee that declarations of intent made by users to Cargoclix or other users cannot be stored, transmitted or otherwise processed due to technical problems. Cargoclix does not guarantee that the system time of Cargoclix corresponds to the Central European standard time.
14.2 Cargoclix does not guarantee the truthfulness of the existence and identity of the users.
14.3 Cargoclix does not guarantee the performance of contracts concluded between users on the platform. Furthermore, Cargoclix does not guarantee that the goods and services offered by users are free of defects.
15. Limitation of liability
15.1 Cargoclix assumes no liability for pre-release or test versions of programs which are expressly marked as "alpha" or "beta" versions.
15.2 Despite conscientious checks and security controls, it is currently not possible to develop software (computer programs, etc.) and hardware (computers, data processing systems and accessories) in such a way that errors can be excluded. Likewise, the availability of the "Internet" medium cannot be guaranteed. Cargoclix is therefore not liable if its websites are not continuously accessible to users. In particular, liability is excluded if data entered by the user cannot reach Cargoclix due to the above-mentioned technical problems during data processing or cannot be processed adequately and error-free at Cargoclix.
15.3 Cargoclix is only liable for the loss of data and/or programs to the extent that the user has regularly and adequately backed up the data, thus ensuring that lost data can be restored by the user with reasonable effort.
15.4 Moreover, Cargoclix is only liable for damage caused by wilful intent or gross negligence. Liability is excluded for indirect damages and atypical consequential damages. In all other respects, any claims for damages are limited in amount to the average loss typical for the contract.
15.5 The above provisions also apply to Cargoclix's employees and vicarious agents.
16. Right of retention, set-off, assignment and objections
16.1 The user is not entitled to withhold services.
16.2 The user may only set off claims which are undisputed or have been legally established by Cargoclix.
16.3 The assignment of claims of the user against Cargoclix from the contractual relationship is only permissible with the written consent of Cargoclix.
16.4 The user cannot raise objections and objections arising from the mediated contracts against Cargoclix.
17. Interest on arrears
If the User defaults on his payment obligations, he shall owe interest of 3% p.a. above the quarterly EURIBOR on the amount in arrears, but at least 8% p.a. from the day after the default occurred.
18. Data backup, rating
18.1 Regular backups are made of the data on Cargoclix servers.
18.2 The user is aware that when data is transmitted over the Internet there is a risk that third parties may intercept and evaluate it.
18.3 Some of the services offered by Cargoclix offer a rating functionality which allows users to rate each other after transactions have been made on the platform. Cargoclix has the right to display the ratings of users on the platform. This information serves exclusively to build trust between the users of the platform. By registering, the user agrees to this procedure. Cargoclix is not liable for rating statements of other users.
19. Place of jurisdiction
19.1 As far as possible, the place of jurisdiction for disputes between Cargoclix and the user Freiburg im Breisgau is agreed.
19.2 Cargoclix is also entitled to sue at the user's place of legal jurisdiction.
20. Changes of the General Terms and Conditions
20.1 Cargoclix may change these General Terms and Conditions at any time. This also serves to improve and integrate new services on the platform.
20.2 Cargoclix will inform the user of changes to the General Terms and Conditions within a reasonable period before they take effect by means of a corresponding notice on the website, by system message, e-mail, fax or letter. With the first action on the platform after the notification and taking effect of the changes, the user declares his agreement with the currently valid version of the general terms and conditions.
21. Written form
Amendments to the contract must be made in writing. Amendments to these clauses must also be made in writing. The contractual written form requirement is ensured by sending e-mails.
22. Applicable Law
The law of the Federal Republic of Germany shall apply. UN sales law (CISG) is excluded.
23. Severability Clause
Should individual provisions of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions. Ineffective contractual provisions shall be replaced by the parties by provisions which come closest to the economic purpose of the ineffective provision. Any loopholes in the regulations shall be replaced in good faith in accordance with the interests of the parties.