A. General information
A. 1 Subject matter of the agreement
1.1 These User Terms govern all use of the internet platform operated by Freightfinders (hereinafter the „platform“) and aimed at entrepreneurs as defined by the Sec. 14 of the German Civil Code (BGB). This platform allows to compare the rates for logistic services (hereinafter the „logistic rates“, see below in B.1) and enables to close logistic contracts (see below in B.2). In addition, it offers a tool “MyAccount” that can be used by its users to track the status of their logistic orders (see below in B.3).
1.2 These User Terms represent an agreement between the users of the platform www.freightfinders.com ordering logistic services via the platform (hereinafter the “users”) and its operating company Freightfinders GmbH, Pappelallee 78/79, 10437 Berlin ("Freightfinders"). These User Terms include general information (Part A) and special conditions for logistic services offered by the suppliers (Part B).
1.3 The version of the User Terms that is currently in force at the time of use shall be applicable. The User Terms shall be deemed as accepted upon using the services of Freightfinders.
1.4 Freightfinders does not acknowledge any other general terms and conditions and they shall not become part of the agreement, even if Freightfinders does not expressly object to them.
A. 2 Commercial protection and copyright, prohibition of commercial exploitation, contractual penalties
2.1 Freightfinders reserves all intellectual and other property rights to the platform and rates comparisons provided on the platform. By providing them for use in accordance with these User Terms, Freightfinders does not waive any intellectual and other property rights.
2.2 The user must not use the platform under any other than his own identity and must refrain from taking actions by using reference to the platform. In particular, the user undertakes not to engage and to enter into contracts with suppliers by using any other than his own identity.
2.3 The platform may only be used in the way provided for by Freightfinders. In particular, the data may be retrieved only by means of the retrieval software provided on the platform. Data espionage and extraction by means of any other software is prohibited. In particular, automated access to the internet services of Freightfinders shall be permissible only with the consent of Freightfinders.
2.4 The user may retrieve and use the data for personal use only. Any form of copying, modifying, public presentation, distributing, sending and other exploitation of platform’s contents requires the prior consent of Freightfinders.
It is not permitted to use the logistic rates for commercial purposes beyond the platform such as for procurement, brokering, trading or information services or any other dealings.
2.5 In each case of wilful or negligent failure to observe the prohibitions laid down in Art. 2.2, a contractual penalty of EUR 2500 shall be deemed as agreed upon. Grouping of several individual actions to one legal unit is excluded (exclusion of the principle of continuation of actions).
2.6 In each case of wilful or negligent failure to observe the prohibition of use for commercial purposes as laid down in Art. 2.3, a contractual penalty of EUR 5000 shall be deemed as agreed upon. Grouping of several individual actions to one legal unit is excluded (exclusion of the principle of continuation of actions).
2.7 The provisions relating to contractual penalties as in Art. 2.5 and 2.6 shall not exclude the right of Freightfinders to assert any further claims, included but not limited to the right to request the abandonment of future violating acts or claims for compensation for damage suffered and for damages exceeding the amount of the contractual penalty. A contractual penalty shall be credited against any such claim for compensation.
2.8 The user shall indemnify Freightfinders from all liabilities and claims of third parties that may arise if the user does not use the platform as intended by this contract. Freightfinders shall accordingly conclude the same agreements with other users and shall assign if necessary (following the preferential satisfaction of Freightfinders’ own claims for damages) any possible existing compensatory damage claim against other users to the user in order to cover damages.
A. 3 Data protection
3.1 Freightfinders shall collect and process the data supplied by the user on the platform in accordance with the statutory regulations on data protection, in particular with the provisions of the German Federal Data Protection Act (BDSG) and German Telemedia Act.
If the user submits an offer to a supplier to close a contract (see Art. B.2.2), the data of this user shall be made available to the supplier.
Any further collection, processing and use of the user’s data shall take place only with the prior consent of the user or if Freightfinders is legally obliged to do so.
3.2 The user may request free information about its personal data stored as well as to have them adjusted, blocked or deleted at any time. The information may be given over the phone. A request to delete, adjust or block the data shall be sent by letter (Freightfinders GmbH Customer Service, Pappelallee 78/79, 10437 Berlin) or by fax or by email to service@Freightfinders.com. The same shall apply in case of the revocation of a given consent or objections against the use of the data.
3.3 Freightfinders emphasises that, in spite of all possible technical preventative measures, the use of the Internet makes a perfect security of the data unattainable. Freightfinders shall not be liable for any acts of third parties.
A. 4 Warranty, liability
4.1 Freightfinders offers the platform for use within the scope of the current technical possibilities. Freightfinders may temporarily restrict the services with regard to time and contents, if this is required due to capacity limits, security or integrity of the servers or in order to undertake technical measures such as measures to prevent hacking attacks, and if this is intended to ensure proper or improved provision of the services (“maintenance work”). In such cases, Freightfinders shall bear in mind the legitimate interests of the users (Sec. 315 of the German Civil Code), for example by providing timely advance information.
4.2 Freightfinders assumes no liability with regard to the accuracy, correctness and completeness of the information and logistic rates posted by the suppliers on the platform as well as with regard to the compatibility of the platform with the user's operating system and computer environment or remote access connection.
4.3 Creating hyperlinks as well as information of third parties that can be accessed via hyperlinks from the website of Freightfinders shall not constitute a component of the services under this contract. They shall also not be used for the purpose of identifying contractual service obligations. The hyperlinks that were created or, respectively, the websites that are accessible via these hyperlinks are not continuously monitored, and therefore Freightfinders accepts no liability with regard to the contents or correctness of these hyperlinks.
4.4 Freightfinders shall not be liable for any damage the user and supplier might cause to each other, whether due to loss of data or a data transfer error or in any other manner. Freightfinders shall not be liable for malicious software or program codes (such as viruses, Trojans, worms etc.; hereinafter “malware”) that may be transmitted by users to the platform and spread beyond it from there. The user is responsible for ensuring that no malicious software is transferred by him. Freightfinders shall be liable for damages caused by malware or hacking attacks of third parties only in the case, if the protective measures applied can be proven not to be the necessary protective measures according to respective current state of technology.
4.5 Freightfinders gives no warranties whatsoever with regard to orderly performance of the logistic contracts between the users and suppliers or with regard to the achievement of financial result. The user shall have the duty to take care to verify the correctness of the data and information transferred to him by the suppliers.
4.6 Freightfinders shall not be liable for any damage resulting from non-transmission or faulty transmission of data, information and explanations.
4.7 Furthermore, the liability of Freightfinders shall be limited to the typical damage foreseeable on conclusion of the contract as follows:
a) in the cases of gross negligence by an ordinary person employed in performing an obligation (Erfüllungsgehilfe);
b) in the cases of ordinary negligence.
c) In the cases of the afore-mentioned Subsec. a) and b), Freightfinders shall only be liable for the loss of data, programmes and their restoration caused by the use of the platform, insofar as such loss could not have been avoided by the user through appropriate precautionary measures, such as regular data backup.
4.8 The limitation of liability or exclusion of liability for damage incurred by users as laid down in these User Terms shall not be applicable in the following cases:
a) if the damage is caused intentionally or by gross negligence by Freightfinders or its person employed in performing an obligation;
b) if the damage is due to the culpable breach of a material contractual duty, whose breach will put the achievement of the contractual purpose at risk, by Freightfinders or its person employed in performing an obligation;
c) in the case of liability of Freightfinders owing to fraud or granting of a guarantee;
d) in the case of statutory liability for injury to life, limb or health by Freightfinders GmbH or its person employed in performing an obligation.
4.9 Components of the platform designated as “BETA” or “BETA version” are in principle incomplete products in respect to their use on an everyday basis. While they may include all the major functions, they may be subject to limitations in respect to performance, compatibility and stability because experience tends to indicate that, prior to official release, it may not have been possible to simulate all hardware and software environments and/or conditions of usage. For this reason, Freightfinders also provides such BETA components of the platform for non-binding test purposes where the users can report on their experience and where this input forms an essential part of the process. No assurance can be given with regard to the productive properties and with regard to the absence of serious defects. The user acknowledges that Freightfinders cannot be held liable in this respect, nor for any usage downtime of the system, loss of data, defects and secondary damage resulting from such defects, nor for any loss of profits. Prior to installation and usage of a BETA component of the platform, the user must carry out a complete data backup.
A. 5 Miscellaneous
Should individual provisions of these User Terms be or become invalid in whole or in part, this will not affect the validity of the remaining provisions or any parts thereof. The invalid provision shall be replaced by a valid provision that most closely reflects the original purpose of the invalid provision.
A. 6 Costs
The use of the platform is free of charge for the user.
A. 7 Applicable law, jurisdiction
Any relationship related to the usage shall be governed by the laws of Germany to the exclusion of the rules on conflict of laws of international private law. Exclusive place of jurisdiction shall be Berlin.
B. Individual services
B. 1 Comparing the rates, summarizing the order
1.1 Once the user accepted these User Terms, he can access the logistic rates for the preferred mode of transportation offered by the logistic provider (hereinafter also the “rate provider”) on the platform (rates comparison).
1.2 The logistic rates are based on the information given by the rate provider. The logistic rates represent a binding offer made by the rate provider for a specified logistic service. Freightfinders gives no warranties that the logistic rates are truthful and up-to-date.
1.3 Freightfinders makes no representation regarding the correctness, suitability, availability or quality of the offers that can be retrieved on the platform of the Freightfinders GmbH. Freightfinders assumes no responsibility for the availability of the presented logistic services.
1.4 Freightfinders GmbH gives no warranties that there are no lower logistic rates than those presented by Freightfinders GmbH.
B. 2 Closing logistic contracts
2.1 Freightfinders enables to close logistic contracts via the platform. Such logistic contracts shall come into existence between the user and the rate provider. Freightfinders shall be no party to the logistic contract.
2.2 The contract offers shall be made in the form of an “Offerta ad incertas personas” (an offer to indeterminate persons) by posting a logistic rate by the rate provider. The basis of such offers shall be the German Freight Forwarders’ Standard Terms and Conditions 2017 (ADSp 2017) or its current valid version. Once the logistic rate is chosen, the user receives the order summary combining the contents of the intended logistic contract. By pressing the button “order now” in the “order summary”, the user declares that he is accepting this offer.
2.3 With regard to any declaration of intent made via the platform, Freightfinders acts exclusively as a message communicator (Erklärungsbote). The declarations shall be deemed to have been received when they enter in the area “MyAccount” of the rate provider.
B. 3 “MyAccount”
3.1 Once the user has registered on the platform, the area “MyAccount” is at his disposal.
3.2 “MyAccount” shall be used for correspondence between the user and the rate provider with regard to the logistic contract closed via the platform. With regard to any declaration transmitted via “MyAccount” by and to the user, Freightfinders acts as a message communicator or, respectively, message receiver (Erklärungs- bzw. Empfangsbote).
3.3. Furthermore, “MyAccount” allows the user to search in the previous activities undertaken by the user on the platform as well as to communicate with Freightfinders.
B. 4 Information services
4.1 In addition, Freightfinders GmbH offers newsletter services, notification services as well as reminder services on the platform.
4.2. When using the newsletter services, the user regularly receives up-to-date information that he may select according to his interests.
4.3 The notification services offer the user an additional option to receive up-to-date rates comparisons for the chosen products on a daily basis according to the selected options.
Pappelallee 78/79, 10437 Berlin
Telephone: 030 577 005 470
Telefax: 030 577 005 479
Managing director: Max Gürtler
Registered in the commercial register at the Local Court Berlin under HRB 187393
The registered office and the place of jurisdiction of the company is Berlin.
Responsible for contents according to Sec. 55 of the Interstate Broadcasting Treaty (RStV): Max Gürtler, Pappelallee 78/79, 10437 Berlin