The online platform made available at https://impargo.de is operated by IMPARGO GmbH, represented by the managing directors Julian Labeit and Gerhard Hänel [Behlertstraße 3a/Haus B2, D-14467 Potsdam] (hereinafter referred to as "IMPARGO").
The online platform offers commercial users the opportunity to plan routes, calculate tolls and transport costs and visualise transport orders offered on third-party portals in a demand-oriented manner. When visualizing transport orders, IMPARGO does not act as an intermediary or contractual partner of the parties involved in the transport, but only offers a tool to efficiently plan transports and find suitable transport orders. The use of this online platform is subject exclusively to the following General Terms and Conditions of Business and Use (hereinafter referred to as "GTC"). User terms and conditions shall not become part of the contract unless IMPARGO recognises such terms and conditions.
These GTC regulate the legal relationship between IMPARGO and the users. IMPARGO will not be a contractual partner of the contracts concluded between the users on the online platform of third parties.
The service may only be used by companies within the meaning of § 14 BGB (German Civil Code). IMPARGO reserves the right to check the entrepreneurial status of the user and to demand suitable evidence.
1. Performance description
IMPARGO provides an online tool with which the user can plan routes, calculate toll and transport costs and visualise data from transport/freight exchanges in order to efficiently organise his route planning and scheduling. IMPARGO uses an interface ("API") to visualize the data provided by the third-party provider. Otherwise, the functional description on the website https://impargo.de applies.
2. Registration & use
(1) The use of the online platform requires a registration. The registration is an offer by the user to IMPARGO to conclude a contract on the use of the online platform ("user contract") in accordance with the General Terms and Conditions of Business and Use. IMPARGO is free to accept or reject this offer.
(2) Registration may only be carried out by persons who are entitled to represent the company for which the service is to be used in legal transactions.
(3) The user contract is concluded when IMPARGO activates access to the online platform.
(4) IMPARGO assumes that all information provided by users is complete, correct and always up to date. Registration for third parties is not permitted and access may not be granted to third parties.
(5) When registering, the respective access data of the third party provider may have to be made available. These must be kept up to date at all times. The user is responsible for the correctness of the access data. Without the access data of the respective third-party providers, use of the online platform is only possible to a limited extent.
(6) After confirmation of the registration, users can, in addition to route planning, calculation of toll and transport costs, perform search queries at the respective registered freight exchanges ("third-party providers"). For this purpose, IMPARGO uses a data interface ("API") with which the data of the individual freight orders of the third-party providers are read out and visualised on the IMPARGO platform. For each search query, IMPARGO processes and displays the results returned by the third party provider via the API in the form of a ranking. The user can filter this ranking. If the user selects a corresponding order, he will be redirected to the Internet platform of the respective third party provider.
(7) The technical requirements for using the online platform are a sufficiently fast Internet connection and one of the browsers Chrome (from version 52), Firefox (from version 52), Safari (from version 11), Opera (from version 49), Internet Explorer (from version 11) or Edge ("system requirements"). It is the user's responsibility to ensure that they meet the technical requirements.
3. Granting the use of the platform
(1) IMPARGO makes every effort to make the online platform made available at https://impargo.de available at all times. However, no 100% permanent and proper availability can be guaranteed, as it can happen that a server malfunction or other unforeseeable events can disrupt the operation of the platform over which IMPARGO has no influence. IMPARGO is therefore not liable for the constant availability and accessibility of the online platform.
(2) In addition, IMPARGO may temporarily shut down the service for maintenance purposes ('scheduled maintenance periods').
(3) In the event of a breakdown, the user group will be informed at short notice. IMPARGO is not liable for any difficulties or problems.
(4) IMPARGO cannot be held liable for any damage caused by the failure, unless § 5 states otherwise.
(5) The user is obliged to comply with the agreed restrictions, e.g. with regard to the number of licenses and the number of users.
4. Rights to content, software and data
(1) In connection with the use of the online platform https://impargo.de, the respective user grants IMPARGO a free, unlimited and transferable right of use to the respective contents and information. The respective user confirms that he can freely dispose of this right of use and does not interfere with the rights of third parties. Each user shall indemnify IMPARGO against any claims made by third parties against IMPARGO due to the content and materials posted by him or due to his user behaviour towards IMPARGO, including the reasonable costs of legal defence caused thereby.
(2) The online platform and the data provided via the online platform are protected by copyright. IMPARGO and its suppliers are exclusively entitled to the rights to software and data in the relationship between the contracting parties. Any use of software and data beyond the intended use of the service, in particular the systematic readout of data, the transfer of software or data to third parties and processing are prohibited. Copyright notices and brand names may not be changed or removed.
5. Liability & warranty of IMPARGO
(1) IMPARGO shall be liable to the users in all cases of contractual and non-contractual liability in cases of intent and gross negligence for damages or compensation for futile expenses.
(2) In other cases, IMPARGO shall be liable - unless otherwise stipulated in paragraph 3 - only in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract of use and on the observance of which the users may regularly rely (= cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, IMPARGO's liability is excluded subject to the provision in paragraph 3.
(3) IMPARGO's liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
(4) Furthermore, IMPARGO is not liable for the correctness and authenticity of the data provided by the respective third party providers.
(5) Should the online platform exhibit a defect, the user must inform IMPARGO immediately in writing, giving a detailed description of the facts and enclosing all information useful for troubleshooting. IMPARGO shall remedy any defects duly notified within a reasonable period of time. If the rectification of defects fails and if this represents an important reason for the user, the user is entitled to terminate the user contract without observing a period of notice.
(6) The user is aware that databases with maps, traffic data and forecasts, additional data used for calculation and toll rate information can never completely represent the actual circumstances, since a time delay between a change in circumstances and their consideration in the database cannot technically be ruled out. Such deviations are not a defect.
(7) In addition, routes travelled in practice may always deviate from the route calculated on this page due to the use of different navigation systems or due to the current traffic situation. IMPARGO therefore assumes no liability with regard to the amount of the calculated tolls or costs. There may be minor deviations from the rates charged by the toll operator. All toll amounts shown are therefore to be understood as optimized approximate values.
(1) The user shall pay IMPARGO a fee in accordance with the price list valid at the time the contract is concluded. At the same time, the user grants IMPARGO the right to use the respective content and information in accordance with Section 4.1. The price list is available on the Internet at https://impargo.de. Parts of the online platform may therefore be accessible free of charge.
(2) If the user does not pay the remuneration within the period specified in paragraph 2, IMPARGO shall be entitled, after prior reminder, to block the user's access to the online platform until all invoices have been settled in full. Other claims of IMPARGO due to default of payment by the user, in particular the right to terminate for good cause, remain unaffected.
(3) If the user is in default of payment, IMPARGO may charge interest on arrears in the amount of eight percentage points above the base rate in accordance with §247 BGB (German Civil Code). IMPARGO's right to prove higher damages caused by default remains unaffected.
(4) IMPARGO is entitled to increase the agreed remuneration appropriately once per calendar year to compensate for increases in personnel and other costs. IMPARGO will notify the user of any increase in remuneration in writing at least one month in advance; the increase in remuneration does not apply to periods for which the user has already made payment.
(5) Invoices shall be transmitted exclusively in electronic form. If a payment has been agreed in the SEPA Company Direct Debit Scheme or in the SEPA Basic Direct Debit Scheme, the period for prior information shall be shortened to at least one bank working day.
7. Further obligations of the user
The user may not use any software or other technical equipment that changes, extends or endangers the functioning of the service. In particular, the User may not attempt to access the Service by any technical means other than a regular Internet browser.
8. Termination, term & tariff changes
(1) The contract of use begins with the conclusion of the contract. (§ 2).
(2) The contract term is at least 1 month and can be terminated without observance of deadlines to the end of the term; otherwise, the contract is automatically extended by a further month or by the selected term. The use of the Get-to-know/test phase extends the term by the duration of the phase (usually 14 days). The free tariff or tariffs in the Get-to-know/test phase can be cancelled at any time. The deletion of the account can also be requested at any time, but the tariff obligations for use remain unaffected.
(3) A change to a higher tariff ("upgrade") is possible for the customer at any time. The already paid monthly contribution of the existing contract will then be credited or offset against the next invoice for the new tariff. This renews the contract term accordingly.
(4) The customer may only switch to a lower tariff ("downgrade") after the expiration of the respective contract term.
(5) If IMPARGO ceases to operate the service (e.g. because IMPARGO offers a functionally enhanced version of the service (new release) on the market), IMPARGO is entitled to terminate the contract of use with a notice period of one month to the end of a calendar month.
(7) Terminations and requests to delete the account are only effective if they are made in writing to email@example.com or if they are initiated via the termination function of the website.
9. Final provisions
(1) The law of the Federal Republic of Germany shall apply exclusively to all contracts relating to the use of this platform.
(2) Berlin shall be the agreed place of jurisdiction for disputes relating to the use of this platform, insofar as the user is a merchant within the meaning of the German Commercial Code (HGB), a special fund under public law or a legal entity under public law.
(3) IMPARGO reserves the right to amend the provisions of these GTC or the descriptions on the Internet pages of this portal at any time and without stating reasons. With regard to the services offered by the portal, the user will be notified of any changes to this offer by e-mail. Here the respective user is offered the continuation of the user contract under changed conditions. If the user does not object to the amendment within a period of six weeks, the amended GTC shall be deemed to have been agreed with the user. If the user objects to the change within the 6-week period, IMPARGO has the right to terminate the user contract by giving one month's notice.
Should individual parts or provisions of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining regulations and provisions.
Status: June 2018