General conditions
1. Service
Spotcargohub GmbH operates an online platform for the exchange of transport requests/transport offers and the placing of transport orders between industry (shippers) and freight forwarders via the Internet. Details of the services offered can be found in the descriptions provided on the platform.
2. User
2.1. All professional shippers, forwarders and carriers, whether legal entities or natural persons, can register as users. Private individuals are not admitted.
2.2. Only one hub can be created for each company and company location.
3. Registration
3.1. Registration takes place via the website of spotcargohub GmbH (www.spotcargohub.com)
3.2. The user receives an initial access with a user name and entry password from spotcargohub GmbH.
3.3. There is no entitlement to admission.
4. Legal relations and contractual relationship
4.1. Legal relationships exist between users and spotcargohub GmbH only with regard to the provision 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 arranged between the users are properly settled or carried out. The preparation of offers and the execution of transport orders are exclusively the responsibility of the respective users. Therefore, spotcargohub GmbH will not mediate or arbitrate in disputes between users.
5. Conclusion of contract among the users
5.1 The conclusion of the contract between the users ( shipper / forwarder ) is based on the legal basis of the respective transport route and national laws. The exact provisions for the legal basis can be requested by the shipper from the forwarding companies.
6. Fees and payment method
6.1. The usage fees (different module variants) and contract terms of the online platform can be viewed via 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 cancellation of the paid modules is done in the user area by users with administration rights.
6.4. Invoicing is done monthly in advance from the time of booking over the period of 30 days. The invoice is sent by e-mail in PDF format.
6.5. No refund will be made if a paid module is terminated before the end of the billing period
6.6. Invoices from spotcargohub GmbH are to be paid within 10 days.
7. Prohibited trade objects, compliance with legal regulations
7.1. The following objects may not be the subject of trade when using the platform: illegal acts or other goods or services that violate legal regulations, in particular products or services that violate criminal laws.
7.2. Users are obligated to independently ensure compliance with legal regulations when placing and executing orders placed via spotcargohub.com. This applies in particular with regard to public charges (taxes, customs duties, etc.), import and export restrictions, notification obligations and deadlines, permits, storage and transport regulations (hazardous goods), formal requirements, special requirements for the contractual partners (legal capacity, public law permits, etc.), assessment deadlines, clearance certificates, etc.
8. Communication
8.1. The exchange of inquiries/offers and transport orders is basically carried out via the input screens of the online platform. In principle, the system clock of spotcargohub.com is the authoritative time.
8.2. E-mail notifications sent for div. functions are a best-effort service, i.e. delivery to the addressees cannot be guaranteed.
9. Access protection
9.1. spotcargohub GmbH issues an initial user account with administration rights in each case.
9.2. Users are obliged to keep the password secret. The user is liable for misuse of user name and or password.
9.3. Spotcargohub GmbH is entitled to withdraw the authorization of the platform from users if the user is 4 weeks in arrears with the payment of the user fee.
9.4. Users can change their password via their personal settings.
9.5. The user is obliged to notify if an unauthorized third party gains knowledge of the password, or if there is a threat of an unauthorized third party gaining knowledge. This applies accordingly if a previously authorized person loses their authority to use the account.
10. Cooperation information obligations
10.1 The user must use the online platform with the care of a prudent businessman. In particular, he must ensure that the 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 modification, withholding or deletion of data is prevented. The User shall immediately report any changes or problems occurring in his area if they are likely to affect the provision of services or the security of the Platform.
10.2 The User is obliged to immediately notify all changes of information requested in the course of registration on the Platform.
10.3 The user may not communicate any content within the platform that may violate the rights of third parties.
11. Exclusion from the platform
11.1 spotcargohub GmbH is entitled to block users from accessing the platform with immediate effect at any time, in particular in the event of serious breaches of contract. This includes that all content and information originating from the excluded users will be immediately removed from the internet pages by spotcargohub GmbH.
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 materials such as operating instructions, etc.. Only spotcargohub GmbH is entitled to the rights of use for the software of the platform. The programs may neither be duplicated nor distributed by the users.
12.2 Links to the Internet pages of spotcargohub.com are generally permissible. 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 Internet pages of spotcargohub GmbH after clicking on the link. Therefore, any inline linking without the prior consent of spotcargohub GmbH is inadmissible. Furthermore, links that are capable of negatively influencing the offer of spotcargohub GmbH, in particular links from or to pages with illegal or immoral content, are inadmissible.
13. Warranty
13.1 spotcargohub GmbH does not guarantee the fulfillment of contracts concluded between users on the platform. spotcargohub GmbH also does not guarantee that goods and services offered by users are free of defects.
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 excluded. Likewise, the availability of the Internet as a medium cannot be guaranteed. spotcargohub GmbH is therefore not liable for its websites not being accessible to users without interruption. In particular, liability is excluded if, due to the above-mentioned technical problems in data processing, data entered by users does not reach spotcargohub.com or cannot be processed adequately and without errors at spotcargohub.com.
14.2 For the loss of data and/or programs, spotcargohub GmbH is only liable to the extent of the expenses incurred if the user has regularly and application-adequately performed a data backup and it is thereby ensured that lost data can be restored by the user with reasonable effort.
14.3 spotcargohub GmbH is only liable for damages that are based on intentional or grossly negligent actions. Liability for indirect damage and untypical consequential damage is excluded. In all other respects, the amount of any claims for damages is limited to the average damage typical for this type of contract.
15. Data protection, data backup
15.1 Backups of the data on spotcargohub.com servers are made regularly.
15.2 The user is aware that when transmitting data on the Internet, there is a risk that third parties may intercept and evaluate it.
15.3 spotcargohub GmbH is entitled to use data and information that run via the platform for evaluation purposes such as statistics. The data and information will be evaluated neutrally, i.e. without naming user names, prices etc.. evaluated.
15.4 Customer-specific evaluations are only created or passed on to other users of the platform with the consent of the parties involved.
16. Jurisdiction
16.1 The place of jurisdiction is exclusively Montabaur
16.2 spotcargohub GmbH is also entitled to sue at the user's legal places of jurisdiction.
17. Written form
17.1 Amendments to the contract must be made in writing. The contractual written form requirement shall be met by sending e-mails.
18. Applicable law
18.1 The law of the Federal Republic of Germany shall apply.