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Conditions of Contract and Use for the Truckin Website and Truckin App

Contents:

A. General terms and conditions of use for all users

B. Special conditions of contract and use for carriers and forwarding agents (commercial users)

A. General terms and conditions of use for all users

The General Terms and Conditions of Use for Truckin are stipulated in the following. The protection of your personal data is extremely important to us. Please also see our privacy policy. It is an integral part of these General Terms and Conditions of Use.

  1. Nature and extent of the services of Truckin, applicability of these General Terms and Conditions

    1. Truckin is a service for forwarding agents, carriers and drivers which is used for communication, route planning and placement purposes in addition to exchanging other information.

    1. The following terms and conditions of use apply to the use of the Truckin services described above. By using the services, the driver, carrier or forwarding agent (hereinafter jointly referred to as users to the extent that all are equally affected) declares their agreement with the following terms and conditions of use of Truckin, irrespective of whether the user makes use of the Truckin services directly on the website www.truckin.io, on the Truckin app or through third-party services in which Truckin’s services have been integrated.

    1. Provided that you agree to the terms of this agreement, Truckin grants a non-exclusive and non-transferable right to access the Truckin app and Truckin website and their respective functions.

  1. Partners to these General Terms and Conditions

    1. The user concludes the agreement regarding the use of the Truckin services with Truckin Europe UG (limited), Dunckerstraße 19, 10437 Berlin. The Truckin app can be used by drivers without prior registration. users of the Truckin job portal are required to register first.

  1. Cost of using the Truckin services, connection fees

    1. Truckin provides the user with the majority of its services free of charge. If the user wishes to use paid Truckin services, they will be sent a separate message and can then explicitly confirm the use of these services by completing an order process.

    1. Details about the fees for the paid services are provided in a price list on the Truckin website. The fees for the paid services are due immediately upon receipt of the invoice for the entire term agreed in the order process. If the fee is not paid, the user will bear any resulting costs, in particular bank fees associated with the rejected debit entries and comparable fees, to the extent that the user is responsible for the event which resulted in the fees. Truckin is entitled to send invoices and payment reminders by e-mail. users of paid services are required to immediately inform Truckin about changes to their e-mail address, the invoice address or payment details. The payment details will be saved by our payment provider in order to process payment.

    1. Paid services which are identified as having a minimum usage time during the subscription process will continue for the minimum usage period specified by the user. The paid services will then be extended by the same periods unless they are terminated by the user or by Truckin.

    1. Truckin explicitly informs users that they may incur additional connection and transfer costs that they will be liable to pay to their access provider or mobile phone operator if they use the Truckin app to download data (e.g. in the form of a suggested route) that is provided by Truckin and transferred to a device (e.g. PC or mobile phone) specified by the User at their own request.

  1. Registration with Truckin

    1. Each user is only entitled to register with Truckin once and can only create one user profile.

    1. The user registers by entering an e-mail address, a password and some personal or company information.

    1. By completing this initial registration process, the user submits an offer to enter into an agreement to use the Truckin services. Truckin accepts this offer by activating the user for the Truckin services.

    1. Former users whose account has been terminated by Truckin are not permitted to re-register on the Truckin website or Truckin app. Former users wishing to re-register must send Truckin an e-mail declaring their wish to re-register.

    1. If the registration process is not completed in full, Truckin will be entitled to delete incompletely registered accounts, including all details already entered by the user.

    1. users do not have a legal entitlement to registration as users of the Truckin services. Truckin reserves the right to reject an attempted registration by sending a message to the user to this effect without statement of reasons.

    1. Users can also store additional information on their Truckin account after registration. For drivers this may include personal details, qualifications, preferences and other skills in particular; companies may wish to add information about the company, a company profile and means of payment, among others. The user can add new information or edit and delete the information at a later date. users are required to enter only truthful information.

  1. Cancellation terms and conditions for consumers

    1. Insofar as the user has registered with Truckin for a purpose which cannot be attributed to their commercial or freelance activities, they have the following right of cancellation as a consumer within the meaning of the law (Section 13 of the German Civil Code (BGB).

Cancellation policy

You have the right to withdraw from this agreement within fourteen days without providing reasons. The cancellation period is 14 days after conclusion of the contract.

To exercise your right of cancellation, please inform us at

Truckin Europe UG (limited)
Dunckerstraße 19
10437 Berlin
e-mail: help@truckin.io
Telephone: +49 (0)30 44715118


by sending a clear statement (e.g. a letter sent by post, fax or e-mail) regarding your decision to withdraw from this contract. You can use the blank cancellation form at the end of these Terms and Conditions of Use, although this is not mandatory.

Consequences of cancellation

If you withdraw from this contract, we will return all payments we have received from you, including the delivery costs (with the exception of the additional costs arising from the fact that you may have chosen a method of delivery which is more expensive than our cheaper standard method of delivery), without delay and at the latest within fourteen days after the date on which we receive the notification regarding your cancellation from this contract. We will use the same method of payment for this refund which you used for the original transaction, unless otherwise expressly agreed with you. You will not be charged any fees under any circumstances as a result of this refund.

If you have arranged for the services to begin during the cancellation period, you are required to pay us a reasonable amount which corresponds to the proportion of services already provided until you informed us that you wished to exercise your right of cancellation with regard to this agreement in comparison to the total scope of the services to be provided in accordance with the contract.

End of the cancellation policy

  1. Modification of the scope of services provided by Truckin

Truckin reserves the right to change, extend, limit or discontinue the Truckin website, Truckin app and/or the services provided by Truckin at any time in terms of their content, graphics and/or function. This does not affect the rights of the user to the complete fulfilment of contractually agreed, paid services by Truckin.

  1. Temporary availability

    1. The user acknowledges that for technical reasons, Truckin is unable to guarantee the continuous availability of the Truckin website, Truckin app, third-party services and the individual Truckin services (including in the form of GPS signal and the reloading of data via the user’s mobile phone connection) and that the user has no right to continuous availability.

    1. Truckin reserves the right to limit or temporarily suspend its services for maintenance, security or capacity reasons at its discretion.

  1. Community aspects, GPS tracking, usage data, removing content

    1. The information provided by Truckin will become more appealing, relevant, detailed and individual the more its users are prepared to provide details about a specific route or further content (in the form of text, reviews, photos, videos, graphics, etc.) .

All content (text, reviews, photos, videos, graphics) uploaded to the Truckin platform by the user and which is made anonymously available to other users can no longer be deleted by the user once it has been published. If the user wishes to delete this content at a later date, they should contact …@truckin.io. There is no legal entitlement to the deletion of anonymously published content.

9. Access to and modification of personal data by the user

    1. The user is able to access their access data (required data), profile information and usage data that is saved on their account on the Truckin website at www.truckin.io. The user can also change their login information (required data) and the aforementioned profile information at any time in their Truckin account on Truckin website or on the Truckin app. If the user wishes to delete their Truckin account, they can send an e-mail to Truckin at help@truckin.io, stating their user name.

    1. This is without prejudice to the provisions stipulated in paragraph 15.4 sentence 2 below regarding the storage of data after the end of the usage agreement concluded with the user.

10. Obligations of the user

    1. Confidentiality of access data

The user must keep their access data confidential and must not pass them on to third parties. If the user suspects that their Truckin account has been misused or is at risk of being misused, they must immediately change their password and inform Truckin.

 

    1. Legality of content

a) The user undertakes not to publish or pass on any content e.g. text, reviews, photos, videos, graphics) on the Truckin platform which are unlawful, in particular racist, pornographic, offensive or defamatory, or infringe the rights of third parties, in particular copyrights or personality rights. The user is fully responsible for all content which they publish and disseminate on the Truckin platform.

 

b) If a user is informed that content they have uploaded to the Truckin platform infringes applicable law or becomes aware of this fact in any other way, the user is required to inform Truckin. The user can send Truckin an e-mail at help@truckin.iofor this purpose with a request to delete the content. This is without prejudice to the provisions stipulated in paragraph 15.4 sentence 2 below regarding the storage of content after the end of the usage agreement concluded with the user.

 

    1. Private and commercial use

The user assures that they shall only use Truckin for legal purposes in accordance with these Terms and Conditions of Use. The user is therefore not entitled to use the services provided and made publicly accessible on the Truckin platform – including those uploaded by other users – for any purposes other than the options provided by Truckin.

 

    1. Omission of disruption and abuse

The user shall refrain from disturbing others with attempts at communication and all offensive and sexually orientated communication. In addition, the user shall refrain from any activities that are likely to affect the functionality of the Truckin platform and services.

 

11. Rights granted by the user in regard to their uploaded content

    1. If the user uploads content (in particular, but not exclusively, in the form of text, reviews, photos, videos, graphics) on the Truckin platform, and makes this content accessible to other users, the user thereby grants Truckin the non-exclusive and geographically unrestricted right to make this content uploaded personally by the user publicly accessible on all media used and technically associated with Truckin (including on the internet and on mobile phones) and to pass it on to other users – irrespective of the technical connection used. The granting of rights described above also includes the right of Truckin to process the content uploaded by the user, in particular to make all required adjustments (e.g. to image resolution).

    1. Content which is exclusively stored locally on your device will not be sent to Truckin and is not subject to the usage rights pursuant to paragraph 11.1 above.

    1. The usage right which are granted to Truckin pursuant to paragraph 11.1 above in relation to content uploaded by the user shall not expire at the end of the agreement regarding the use of the Truckin services. This is without prejudice to the provisions stipulated in paragraph 15.4 sentence 2 below regarding the storage of content after the end of the usage agreement concluded with the user.

12. user and third-party content

    1. Truckin accepts no liability or responsibility for the content which is uploaded or passed on by users in the Truckin system and which is publicly accessible to other users through the Truckin website, Truckin app or through third parties. In particular, Truckin cannot guarantee that content provided by a user for use by other users is accurate and complete.

    1. The user assures that they own all necessary rights to the content they have posted on the Truckin platform. To this extent, the user holds Truckin harmless of any claims asserted by third parties due to this content, e.g. if the aforementioned content is illegal, in particular if it infringes property rights (e.g. copyrights or personality rights). This exemption from liability as granted by the user also includes the costs incurred by Truckin in connection with a legal review or legal defence in the amount of the statutory legal fees.

    1. Truckin is not required to review job vacancies which commercial users publish with regard to their accuracy, completeness or legality. We do not own the content of these job vacancies. We will of course immediately investigate any possible illegal content or infringement of third-party rights when brought to our attention and shall delete job vacancies with unacceptable content where appropriate.

    1. Truckin is not liable for the conduct of private and commercial users, particularly in regard to internal communication among users on the Truckin website, Truckin app and affiliated services. Truckin is also not liable for the conduct of private and commercial users in connection with jobs, recruitment to vacancies and the conclusion of employment agreements.

    1. Truckin makes third-party content available to users, including images and information. In addition, the user may also have access to further third-party content which is made accessible through the Truckin website or Truckin app. Truckin accepts no responsibility for the accuracy or completeness of the information provided by third parties.

    1. Once the user has followed a link to another website and leaves the Truckin website or Truckin app, Truckin has no further control or influence over the content of these websites. Truckin does not own this content and accepts no responsibility for the content, unless Truckin was previously informed about the illegal nature of this content. In this case, Truckin will check the link and delete it if appropriate.

    1. When using cartographic data or traffic data, route directions or other Truckin content, there is a possibility that the results of the map search or content may not reflect the actual and current circumstances. You should therefore use the content cautiously.

13. Liability of Truckin

    1. Use of Truckin is at your own risk. You are responsible for your conduct and the consequences at all times.

    1. Truckin is fully liable toward its users for damages resulting from injury to life, limb and health due to a breach of obligations by Truckin, its legal representatives or assistants caused by intent or gross negligence and for other damages due to a breach of obligations by one of the aforementioned parties caused by intent, gross negligence or fraud. Furthermore, Truckin is fully liable toward its users for damages that are covered by statutory provisions and in the event that Truckin has provided assurances in this respect.

    1. In the event of damages incurred by a user due to slight negligence which is attributable to Truckin, Truckin is only liable to the extent that these damages are typical and foreseeable with regard to the type of service provided and that the damages are the direct result of the breach of obligations. In particular, liability for data loss is limited to the typical cost of recovery which would have been incurred if backup copies had regularly been created in due consideration of the risks. Truckin will not be liable for breaches of obligations that are not essential for the purpose of the contract due to minor negligence.

    1. The limitations of liability as stated under paragraph 13.3 above shall also include any claims for compensation that are reasonably asserted by users in good faith for expenses incurred in reliance upon the receipt of services in accordance with this contract.

    1. Unless stipulated otherwise in the aforementioned provisions of this paragraph 13, all liability of Truckin is excluded, irrespective of the legal grounds. Truckin is not liable for content published by users on or through the Truckin website or Truckin app.

14. Temporary blocking of a user, content removal by Truckin

    1. If Truckin has specific evidence that a user has acted illegally or has breached these general terms and conditions during the use of the Truckin website or Truckin app, Truckin is entitled to remove the legally objectionable or legally questionable content provided by the relevant user from the Truckin platform and/or to exclude the relevant user from the Truckin platform and/or (potentially) ban the user who has acted in violation of law or this contract following an appropriate notice period. This ban may be temporary in order to clarify the accusations made against the relevant user, or it may be permanent.

    1. This is without prejudice to the provisions agreed below in paragraph 15.3 regarding the extraordinary termination right of Truckin.

15. End of the licence agreement, termination, refund of advance payments

    1. The registered user is entitled to terminate the agreement with Truckin for the use of Truckin services at any time. To do so, the user should send a written termination notice to Truckin to the e-mail address help@truckin.ioThe written termination notice should include the username and the user’s e-mail address registered on the Truckin website as a means of identifying the user.

    1. The user can terminate chargeable Truckin services which have not been booked for a fixed period of time and which are not automatically extended at the end of the period, without providing reasons, with a notice period of one month as of the end of the minimum usage period agreed during the registration process or at the end of an extension period. To do so, the user should send a termination notice to Truckin in writing to the e-mail address help@truckin.ioThe written termination notice should include the username and the user’s e-mail address registered to the Truckin website in order to identify the user.

    1. Truckin is entitled to terminate the licence agreement concluded with the user with a notice period of one month. This is without prejudice to the of Truckin to terminate the licence agreement with the relevant user for good cause with immediate effect. Good cause for extraordinary termination by Truckin includes, for example, if Truckin is aware that the relevant user has acted in violation of law or contract during their use of the Truckin platform, in particular if the user uploaded content which infringes third-party proprietary rights to Truckin’s system. In the event of use in violation of contract, Truckin shall give the user opportunity to remedy their breach of contract within a period of two weeks before termination for good cause. In the event of termination with notice or for good cause, Truckin can submit its notice of termination to the e-mail address specified by the relevant user.

    1. Upon termination of a licence agreement concluded with a user, Truckin shall immediately delete all personal data related to this user. Truckin is entitled to process, use, store, transfer to law enforcement authorities and/or injured third parties the personal data of the user and/or the content uploaded by the user on the Truckin platform (e.g. text, photos, videos, graphics) to safeguard overriding interests relating to the clarification of potential misuse of Truckin’s platform or system or for the purpose of prosecution, even after the end of the licence agreement concluded between the relevant user and Truckin. In such cases, Truckin must have evidence that such misuse by the user and/or the posting of illegal content by the user has occurred. Truckin must document the evidence of such misuse.

    1. The provisions stipulated under paragraph 15.4 sentence 1 above do not apply to content uploaded by users to the Truckin platform which the user has provided for other individual users or for public use. However, the content provided for public use shall be made available by Truckin on the Truckin platform in a form which is not associated with the user’s Truckin account.

16. Final Provisions

    1. Truckin reserves the right to amend these general terms and conditions at any time without providing reasons, unless an such changes shall be unreasonable for the user. Truckin shall notify the user about any amendments to the general terms and conditions. Amendments do not have retroactive effect and shall become effective no earlier than 14 days after their publication. Notwithstanding, changes relating to a new function for a service or changes for legal reasons shall take effect immediately. If the user does not object to the application of the new general terms and conditions within a period of two weeks after the notification, the amended general terms and conditions shall be deemed to have been accepted by the user. Truckin will inform the user about their right to object and the significance of the objection deadline in the notification. If the user objects to the amended general terms and conditions, Truckin can terminate the agreement with notice.

    1. Unless agreed otherwise, the user can submit all statements to Truckin by e-mail or letter. Truckin may send statements to the user by e-mail or letter to the address which the user has specified in their current contact details in their Truckin account.

    1. If individual provisions of these general terms and conditions be or become ineffective, this shall not affect the effectiveness of the remaining provisions.

    1. The place of performance is the headquarters of Truckin.

    1. The place of jurisdiction within the meaning of the Commercial Code (HGB) is the headquarters of Truckin.

    1. German law applies under exclusion of private international law and the CISG adopted into German law.

B. Special conditions of contract and use for carriers and forwarding agents (Commercial users)

1. The general conditions of contract and use also apply to commercial users unless specified otherwise in the following special conditions of contract and use for commercial users.

 

2. These conditions of contract and use and the price list published by Truckin at www.truckin.io apply exclusively to the Truckin services. Conflicting terms and conditions upheld by the commercial user shall not be recognised by Truckin unless Truckin has agreed to their validity in writing.

The conditions of contract and use and the price list for Truckin services also apply to all future agreements with the customer and orders placed by the customer in the respective version valid at the time of the most recent agreement concluded/order placed.

 

3. As a commercial user, you can create a company profile in the Truckin website and Truckin app, post jobs, view the personal, anonymous information of potential candidates and – for a fee – access the personal contact details of these candidates.

 

4. The scope and remuneration of the services offered by Truckin are specified in these conditions of contract and use in combination with the price list published by Truckin at www.truckin.io. Prices for services which are not included in the price list are subject to an individual agreement between the customer and Truckin.

Services which are inclusive within a performance period shall expire at the end of the corresponding performance period. Truckin assumes no guarantee that the commercial users will be able to access all inclusive services during the performance period. It is not possible to transfer inclusive services to a later performance period. If, for example, there are fewer candidates available for job vacancies in a performance period than the number of candidate contacts in the service package, the free contacts shall no longer be available upon expiry of the performance period.

 

5. The invoice shall be issued upon conclusion of the agreement, unless agreed otherwise in individual agreements. Truckin reserves the right to require advance payment. Payment shall be due for payment 10 days after the invoice date with no discounts. If payment is delayed or deferred, interest shall be charged at the rate of 9% above the base rate of the European Central Bank plus collection costs. Truckin is also entitled to collect a late payment fee of €40.00 (Section 288 para. 5 BGB). In the event of default of payment, Truckin is entitled to cease the provision of individual services until full payment is received. This does not apply if the customer is entitled to a right of retention.

All prices are exclusive of any VAT applicable when the invoice is issued.

Payments by the customer shall always be offset against the oldest existing debt. Truckin is entitled to refuse to provide services until all due payments have been settled by the customer.

We reserve the right to send invoices and all correspondence relating to invoices, such as, but not limited to, payment reminders, as e-mail attachments. For this purpose, the customer agrees to provide a current e-mail address and to inform Truckin in a timely manner of any changes to the e-mail address.

 

6. Truckin is not liable if the commercial user fails to find a suitable or any candidate the vacancy. Truckin is also not responsible for the reliability, accuracy and completeness of the information provided by job seekers in their personal profile. Further, Truckin is not liable for other conduct of job seekers in dealings with the commercial user before and after the vacancy is filled.

 

7. Truckin is entitled to change the text of the commercial user’s job ads if the change appears necessary for legal reasons or increases the success of finding a suitable candidate. Truckin is also entitled to create keywords for a job ad or to change the commercial user’s keyword indexing in order to increase efficiency.

 

8. The rights of the commercial user arising from the agreement are non-transferable and non-assignable. The approval of Truckin is required for the contract to be transferred to a third party.

 

9. The commercial user is not entitled to disclose information about candidates, including the personal contact information of candidates, to third parties or use the information for any other purpose than to fill the position for which the information was provided. The commercial use shall comply with the relevant legal regulations, in particular data protection regulations, when using the candidate data. The commercial user is obliged to delete candidates’ personal data once the advertised position has been filled.

 

10. If Truckin receives the e-mail address of the customer in connection with registration or an order placed by the customer, Truckin is entitled to send the customer information about further commercial communication regarding the ordered and similar services provided by Truckin by e-mail, even after the end of the contract. The customer can opt out of this communication by Truckin at any time simply by sending an e-mail with effect for the future. Truckin shall provide information about this opt-out right in every e-mail.

 

11. Truckin reserves the right to refuse to fulfil orders issued by customers or to remove job ads which have already been published if the content to be published infringes legal provisions, official prohibitions, third-party rights, is against good morals or breaches the terms and conditions of Truckin. Truckin is only obliged to remove such illegal content in accordance with legal provisions and at the request of the customer. If Truckin is held liable for inappropriate content or other breaches of law which are the fault of the customer, the customer shall release Truckin from any liability at first request. This exemption includes compensation for any necessary legal defence costs.

 

12. Job ads and similar content must, if the following conditions are met, make clear

Job ads and comparable content must only

Only one job ad is permitted per vacancy. If several vacancies need to be filled, the same number of job ads must be posted.

If these requirements are not met, the content shall be considered inadmissible.

 

13. The commercial user is required to treat candidates fairly and decently and to keep them up-to-date about the application process and its result as soon as information relevant to the candidate becomes available.

 

14. The commercial user shall immediately inform Truckin in the event of faults in the Truckin service. Truckin shall initially provide subsequent performance in the form of a longer placement of the job ad. Only if this supplementary performance fails is the commercial user entitled to demand a reduction of the price or withdrawal from individual parts of the service. The commercial user is required to state within a reasonable period of time upon request by Truckin whether it will insist on delivery despite the delay and/or which of its claims and rights it intends to assert. In the case of repeat deficiencies, the commercial user is entitled to terminate the entire agreement with future effect. The agreement cannot be terminated with effect for job vacancies that have already been published.

All warranty claims of the customer shall expire after one year, calculated from the date on which the commercial user became aware of the fault or should have been aware of the fault without being grossly negligent.

 

15. Truckin is entitled to use customer information and job applications for market analysis and the improvement of Truckin’s services. The respective results can be published anonymously..