1. Description of service
Spotcargohub GmbH operates an online platform for the exchange of transport enquiries/transport offers and the placing of transport orders between industry (consignors) and freight forwarders via the Internet. Details of the services offered can be found in the descriptions stored on the platform.
2.1. All professional shippers, consignors, forwarders and carriers, whether legal or natural persons, can register as users. Private persons are not admitted.
2.2. Only one hub can be created for each company and company location.
3.1. Registration is carried out via the website of spotcargohub GmbH (www.spotcargohub.com).
3.2. The user receives initial access from spotcargohub GmbH with a user name and entry password.
3.3. There is no entitlement to admission
4. Legal relationships and contractual relationship
4.1. Legal relationships exist between the users and spotcargohub GmbH only with regard to the use of the platform in accordance with the Terms and Conditions.
4.2. spotcargohub GmbH is not involved in the contractual relationship between the users and therefore does not guarantee that the transport offers or transport orders mediated between the users will be properly invoiced or carried out. The preparation of offers and the execution of transport orders is exclusively the responsibility of the respective users. spotcargohub GmbH will therefore not mediate or arbitrate in disputes between users.
5. Conclusion of contract among users
5.1 The conclusion of the contract between the users (shipper / forwarder) is based on the legal principles of the respective transport route. The shipper can inquire the exact regulations for the legal bases with the forwarding agencies.
6. Fees and methods of payment
6.1. The usage fees (various module variants) and contract terms of the online platform can be viewed on the website and in the user area.
6.2. Price adjustments of the user fees will be communicated promptly by e-mail, website or in the user area.
6.3. The binding booking and termination of the chargeable modules takes place in the user area by users with administration rights.
6.4. The invoice is issued monthly in advance from the time of booking for the period of 30 days. Invoices will be sent by e-mail in PDF format.
6.5. If a chargeable module is terminated before the end of the billing period, no refund will be made.
6.6. Invoices from spotcargohub GmbH are payable within 10 days
7. Prohibited trading objects, observance of legal regulations
7.1. The following objects may not be made the subject of trade when using the platform: unlawful acts or other goods or services that violate statutory regulations, in particular - Products or services that violate federal law.
7.2. Users are obliged to independently ensure compliance with statutory regulations in the creation and execution of orders placed via spotcargohub.com. This applies in particular with regard to public charges (taxes, customs duties, etc.), import and export restrictions, reporting obligations and deadlines, permits, storage and transport regulations (hazardous goods), formal regulations, special requirements for the contractual partners (legal capacity, public law permits, etc.), assessment deadlines, clearance certificates, etc.
8.1. The exchange of enquiries/quotations and transport orders is always carried out via the input templates of the online platform. In principle, the system clock of spotcargohub.com is the relevant time.
8.2. E-mail notifications sent for various functions are a best-effort service, i.e. delivery to the addressees cannot be guaranteed
9. Access protection
9.1. spotcargohub GmbH assigns an initial user access with administration rights to each user.
9.2. The users are obliged to keep the password secret. The user is liable for any misuse of the user name and/or password.
9.3. Spotcargohub GmbH is entitled to withdraw the right of users to use the platform if the user defaults on payment of the user fee for 4 weeks.
9.4. Users can change their password via their personal settings.
9.5. The user is obliged to inform if an unauthorized third party gains knowledge of the password or if an unauthorized third party threatens to gain knowledge.
9.6. This applies accordingly if a previously authorized person loses his authorization to use the account.
10. Cooperation-and Information duties
10.1. The user must use the online platform with the diligence of a prudent businessman. In particular, he must ensure that functionality is not impaired. The user must use appropriate and state-of-the-art security measures for his Internet connection. These security measures must ensure that any impairment of the platform's data by computer viruses or similar phenomena that may cause unintentional alteration, withholding or deletion of data is prevented. The user must immediately report any changes or problems occurring in his area if these are likely to impair the provision of services or the security of the platform.
10.2. The user is obliged to immediately report all changes to information requested within the scope of registration on the platform.
10.3. The user may not communicate any content within the platform that may infringe the rights of third parties
11. Exclusion from the Platform
11.1. spotcargohub GmbH is entitled at any time, in particular in the event of serious breaches of contract, to block users from accessing the platform with immediate effect. This includes the immediate removal by spotcargohub GmbH of all content and information originating from the excluded users from the Internet pages
12. Copyright, License, Linking
12.1. The Internet pages of spotcargohub GmbH or spotcargohub.com, including their design and content, in particular all graphics, logos, buttons, symbols, software and texts may not be reproduced, distributed, edited or publicly reproduced without consent. This also applies to documentation on software and all performance-related written works such as operating instructions, etc.. The rights to use the platform software are exclusively owned by spotcargohub GmbH. The programs may not be reproduced or distributed by the users.
12.2. Links to the Internet pages of spotcargohub.com are generally permitted. However, links are inadmissible if the design of the source page does not make the link sufficiently clear to the user, and in particular if it is not clear that the user will access the spotcargohub GmbH Internet pages after clicking on the link. Any inline linking without the prior consent of spotcargohub GmbH is therefore prohibited. Furthermore, links which are suitable to negatively influence the offer of spotcargohub GmbH, in particular links from or to pages with illegal or immoral content, are not permitted
13.1. spotcargohub GmbH does not assume any warranty for the fulfilment of contracts concluded between users on the platform. spotcargohub GmbH also does not warrant the faultlessness of goods and services offered by users.
14. Limitations of liability
14.1. Despite conscientious checks and security controls, it is currently not possible to develop software and hardware in such a way that errors can be ruled out. spotcargohub GmbH is therefore not liable for the fact that its web pages are not continuously accessible for users. In particular, liability is excluded if data entered by users cannot reach spotcargohub.com or cannot be processed adequately and error-free at spotcargohub.com due to the above-mentioned technical problems in data processing.
14.2. spotcargohub GmbH shall only be liable for the loss of data and/or programs to the extent of the expenditure incurred if the user has regularly carried out a data backup adequate to the application and this ensures that lost data can be restored by the user with justifiable expenditure.
14.3. spotcargohub GmbH shall only be liable for damages resulting from intentional or grossly negligent actions. Liability is excluded for indirect damage and atypical consequential damage. Otherwise, any claims for damages shall be limited to the amount of the average damage typical of the contract.
15. Data Protection, Data Backup
15.1. Data-Backups on the servers of spotcargohub.com are made regularly.
15.2. The user is aware that there is a risk that third parties may intercept and evaluate data transmitted via the Internet.
15.3. spotcargohub GmbH is entitled to use data and information that run through the platform for evaluation purposes such as statistics. The data and information are neutral, i.e. without mentioning user names, prices etc. are evaluated
15.4. Customer-specific evaluations will only be created with the consent of the parties involved or passed on to other users of the platform.
16. Place of jurisdiction
16.1. The place of jurisdiction is exclusively Staudt
16.2. spotcargohub GmbH is also entitled to bring legal action at the legal courts of the customer.
17. Written form
17.1. Changes to the contract must be made in writing. The contractual requirement of written form is met by the dispatch of e-mails.
18. Applicable law
18.1. The law of the Federal Republic of Germany applies