General Terms and Conditions of IMPARGO DriverApp

1. Service Description

(1) The IMPARGO GmbH ("IMPARGO") provides a tool "IMPARGO DriverApp" in the form of a mobile application ("App"). The tool enables the user to connect to companies within the CargoApps platform ("CargoApps"). The user can thus obtain information on transport orders, share his current position with the connected company, chat with the connected company and upload delivery documents ("POD"). The location data is automatically transmitted to the tool via an interface. The transmission of location data can be activated and stopped at any time. The communication between the app and the tool is based on a company code. (2) IMPARGO provides the user with the tool for retrieval via the Internet during the term of the contract. Access is granted via the app. For the access the user needs the company code, which is communicated to him by the respective companies via SMS or verbally. IMPARGO owes the provision of the service up to the Internet connection of the data centre in which the service is operated ("delivery point"). The Internet connection itself is not the subject of performance. The user can only use the service if he has a sufficiently powerful Internet connection. The required bandwidth depends on the intensity of use and the amount of data.

2. Verification and Usage

(1) To use the tool, the phone must first be verified. Verification is free of charge. (2) The requirement for verification is basically that the telephone number belongs to the user or the relevant company and that the appropriate authorization for verification exists. (3) The sending of the telephone number represents the offer of the user to conclude the agreement on access to and use of the service. The user then receives an SMS with his personal verification code. This verification code embodies the acceptance of the offer by IMPARGO. The user agreement with regard to the tool has thus come into effect. (4) IMPARGO is entitled to reject individual verifications without giving reasons. (5) The technical requirements for using the online platform are a sufficiently fast Internet connection and a smartphone with one of the following operating systems Android (from version 5) and iOS (not available yet). It is the user's responsibility to ensure that they meet the technical requirements. (6) IMPARGO is entitled to temporarily or permanently block access to the device in the event of violations of these terms and conditions of use and/or to permanently withdraw verification from the device with immediate effect or at IMAPRGO's discretion and/or to terminate the user agreement extraordinarily and without notice.

3. Granting the use of the platform

(1) IMPARGO makes every effort to make the tool 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 or the tool. (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.

4. Rights to content, software and data

(1) In connection with the use of the IMPARGO DriverApp, the respective user grants IMPARGO a free, unlimited and transferable right of use to the respective contents and information to publish this information within the service, in particular a) to store this information on an IMPARGO server or on behalf of IMPARGO with a third party; b) to make the information available to other users who have been approved for the specific tours via the Internet and the App; c) to process and reproduce the information to the extent necessary for the operation of the Service; d) to use these contents in anonymous form in accordance with Clause 4.3 for other services and applications. 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 tool and the data provided via the tool 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. (3) The granting of rights pursuant to Section 4.1 also includes the right of IMPARGO to use the information in anonymised form a) for other paid and unpaid services of IMPARGO and its affiliated companies (§§ 15 et seq. AktG). b) to cooperation partners and other third parties for non-commercial or commercial use and publication. For example, dispatchers can forward the location data of drivers to third parties within the CargoApps and thereby provide third parties with access to this information.

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 app 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. Rights and obligations of the user

(1) The user may only use the service in accordance with the contractual agreements and the statutory provisions. (2) 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 the interface specified in the Service Description, the App. (3) If IMPARGO has concrete indications that the user is using the service contrary to the provisions of this § 6 or the other contractual agreements of the contracting parties, IMPARGO shall be entitled to block the user's access to the service until the matter has been clarified. Except in case of imminent danger, IMPARGO shall give the user the opportunity to comment prior to such action. The user remains obliged to pay the contractual remuneration during the blocking period, unless he was not responsible for the circumstances that led to the blocking. (4) The user indemnifies IMPARGO against all claims by third parties and compensates IMPARGO for all damages arising to IMPARGO as a result of use of the service contrary to law or contract, unless the user proves that he is not responsible for the infringement.

7. Termination of the device

(1) Either party may terminate this User Agreement at any time in writing or systemically by giving notice to terminate at the end of the individual monthly billing period. (2) After termination of the user agreement, the user has no access to the service and the corresponding functionalities. (3) Both parties reserve the right to extraordinary termination for good cause. An important reason exists for IMPARGO in particular if the user does not only insignificantly violate the contractual agreements and does not remedy the violation within a reasonable period of time following a warning from IMPARGO.

8. Data Protection

(1) Location data will only be used and passed on to third parties anonymously by IMPARGO in accordance with § 98 TKG. (2) If the user uses the tool to process data beyond this, which can be assigned to a specific or determinable person, the user is solely responsible for the fact that the person concerned has consented to this processing of his data or that legal permission exists. The user always remains responsible for such personal data. The user indemnifies IMPARGO from all claims of the person concerned and compensates IMPARGO for all damages incurred by IMPARGO as a result of the transmission of personal data to IMPARGO in violation of data protection laws, unless the user proves that he is not responsible for the violation. (3) In addition, the data protection declaration for the IMPARGO DriverApp service applies.

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) Potsdam 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. (4) With regard to the use of this platform, only the aforementioned GTC are valid and binding. Other or conflicting terms of use are not binding.

Status: 29.05.2019