General terms and conditions - Bulkradar UG (haftungsbeschränkt)
As of: 12.2020
§1 Scope and provider
- The general terms and conditions (hereinafter referred to as "GTC") regulate the contractual relationship between bulkradar UG (hereinafter the provider) and you (hereinafter the user), in the version valid at the time the contract was concluded.
- Different terms and conditions of the user are rejected. A deviation from the general terms and conditions is only possible if and insofar as the contracting parties have agreed in writing. Please read these conditions carefully before using a service from bulkradar UG.
- The general conditions of the user, under whatever name, do not apply, unless the parties have expressly agreed to their application in writing.
- If one or more provisions of the GTC are found to be ineffective, the remaining provisions remain effective. The parties undertake to replace the non-binding provisions with such binding provisions that differ as little as possible from the non-binding provisions, taking into account the purpose and intent of the terms and conditions.
- The provider does not lose any rights if he does not strictly enforce the terms and conditions.
- The provider's general terms and conditions apply to the user from the point in time at which the user adds data or information or requests it from the provider system.
- The provider enables the user to view a variety of content. This includes map material, image material, business entries, reviews and other information which is made available to you by the provider, the corresponding licensors and third parties (other users) (the "Contents"). In the bulkradar app, the provider shows a map view of commercial cleaning stations for tankers, tank containers, silo vehicles and IBCs in the food, chemical and hazardous goods product areas. The app enables a filter / search function to locate cleaning stations, view details and service offers and determine which container types or product categories the cleaning station can be used for. It is also possible to search for certified cleaning stations from shippers / clients and their subordinate business units. This means that their so-called “approved cleaning stations” are displayed quickly and easily.
§2 Conclusion of the contract
- Contracts on this portal can only be concluded in German.
- Access to use the bulkradar service requires registration.
- By registering, the user accepts these terms and conditions. With the registration, a contractual relationship arises between the provider and the registered user, which is based on the provisions of these terms and conditions.
- The presentation of the service on the website or in the app does not constitute a legally effective offer. The presentation of the service merely prompts the user to make an offer.
- When ordering a fee-based service, the registered customer enters into another contractual relationship with the provider that is separate from the registration. The user will be informed about the respective fee-based service and the terms of payment before the conclusion of this contractual relationship. The contractual relationship arises when the user confirms the order and payment obligation by clicking the "Confirmation" button.
- The user agrees to receive invoices electronically. Electronic invoices are made available to the user by email or in the customer account on the website. The provider will inform the user for each service whether an electronic invoice is available. The user receives further information about electronic invoices on the website of the provider.
§3 Description of the scope of services
- The scope of services of the provider consists of the following services: The user can register for bulkradar free of charge by downloading the app. The free use of the bulkradar app is limited to the search for truck cleaning stations in Europe via a map view. In addition, the address and contact details of the cleaning stations as well as their services are visible. The user also has the option to rate stations, rate the app and send feedback to the customer service department of the provider.
- The provider has no influence on the cleaning process and is therefore not responsible for the cleaning process or the cleaning results.
- The user is aware that various third parties (other users) include data relevant to them in the provider databases. The user is responsible for providing correct data. The provider is not responsible for the quality of the data entered by various third parties (other users) in the system, nor for subsequent decisions that are made on the basis of this information. The data and information provided by users are visible to other users.
- Users who provide data enable the provider to use this data for his commercial services.
- Forbidden behavior:
- Redistributing or selling parts of bulkradar or creating a new product or service based on bulkradar;
- The copying of content (unless this is otherwise permitted by the approval of the provider or applicable copyright);
- The use of bulkradar to create or extend other data sets with map material (this includes data sets for cartography or navigation, databases with business entries, mailing lists or telemarketing lists) that can be used for a service that is essentially similar to bulkradar or for a service that is suitable as a replacement ; and
- Any use that is immoral, illegal, or violates the rights of others (including personal rights, publicity rights, and intellectual property rights).
- Registration is required to use bulkradar.
- The use itself is free of charge.
- In order to use the service, it is necessary to set up a user account. Information on this must be provided truthfully.
§5 Registration and termination
- A user account is for his / her sole and personal use and a user may not authorize third parties to use this account. A user may not transfer his / her account to third parties.
- Subject to reservation, a user is entitled at any time to unsubscribe in writing by post or email without stating a reason. The previously concluded contractual relationship is ended. All data and information in the provider's app that has been set by the user up to this point remain in the provider's possession and may be used by the provider.
- The provider can terminate the contract at its own discretion, with or without prior notice and without giving reasons, at any time. The provider also reserves the right to remove profiles and / or any content published on the website or in the app by or by the user. If the provider ends the user's registration and / or removes user profiles or published content, bulkradar is under no obligation to inform the user of the reason for the termination or the removal.
- Following the termination of any individual use of bulkradar's services (see §3 (1)), the provider reserves the right to inform other registered users with whom bulkradar accepts that they are in contact with the user had to send.
- The users are obliged not to make deliberate or fraudulent misrepresentations in their profile and other areas of the portal. Such information can lead to civil law steps. The provider also reserves the right to terminate the existing contractual relationship with immediate effect in such a case.
§6 Limitation of liability (services)
- The provider assumes no responsibility for the content and correctness of the information in the registration and profile data as well as other content generated by the users.
- The provider is not liable for direct or indirect damage caused by incorrect or incomplete information. The provider is also not liable for the consequences of the interpretation of the information provided.
- With regard to the sought or offered third-party service, the contract is concluded exclusively between the respective user involved. The provider is therefore not liable for the services of the participating users. Accordingly, all matters relating to the relationship between users, including, and without exception, the services that a user has received or payments due to other users are to be addressed directly to the respective party. Bulkradar can not be held responsible for this and hereby expressly contradicts any liability claims of any kind whatsoever, including claims, services, direct or indirect damage of any kind, consciously or unconsciously, suspected or unexpected, disclosed or not, in whatever manner in connection with the matters mentioned.
- The liability limit for the provider is limited to the contribution paid by the user.
§ 7 Data protection
- The parties undertake to keep confidential or protected information or business secrets confidential. The parties agree that these will only be used for the intended purposes.
- The provider undertakes to obtain the user's prior consent before using their data. The provider undertakes not to pass on any data to third parties unless the user has given prior consent. This is done with the consent to the terms and conditions and data protection declaration of the provider.
- The provider has the right to use the knowledge acquired in cooperation with the user for other purposes, unless strictly confidential information is disclosed.
- The provider points out that the transmission of data on the Internet (e.g. by email) can have security gaps. Accordingly, error-free and trouble-free protection of third-party and user data cannot be fully guaranteed. Our liability is excluded in this regard.
- Third parties are not entitled to use contact data for commercial activities.
- The user has the right at any time to receive complete and free information from the provider about the data relating to you.
- Furthermore, there is a right to correction / deletion of data / restrictions on processing for the user.
- Further information on data protection can be found in the separate data protection declaration.
§ 8 Change of the terms and conditions
- Dear provider reserves the right to adapt these terms and conditions from time to time, in particular, but not limited to, to comply with the statutory provisions or requirements, to correspond to the economic viability or to serve the user's interests. The general terms and conditions can be viewed on the platform as well as in the app.
- In the event of minor changes to these terms and conditions (for example, a change in the law due to which we have to change these terms and conditions) we can simply make the new terms and conditions available on the platform and in the app. Please read these terms and conditions regularly to really know the current conditions. In the event of significant changes to these terms and conditions that have a significant adverse effect on you, bulkradar will either obtain your express consent to the changes by communicating in the app application or email you at least two weeks before the changes come into effect at the time of registration Inform the specified address ("change information"). After receiving the change information, you have two weeks to object.
- The change information includes (i) the updated terms and conditions, (ii) the entry into force of the changes, (iii) a two-week objection period, (iv) information about the consequences of the absence of an objection.
- If you do not object to the changes, the updated terms and conditions are considered accepted.
- If you object to the changes, bulkradar is entitled to terminate the user contract and delete your user account, taking into account your interests, if a continuation of the contractual relationship within the scope of the current terms and conditions is not possible or is unreasonable for bulkradar.
- Changes or additions to these terms and conditions must be made in writing. Verbal collateral agreements do not exist.
§ 9 Final provision
The legal relationship between provider and user is treated exclusively according to German law. All disputes between parties that may arise from an agreement are initially only submitted to the competent court in Hamburg. This English text of the general terms and conditions is binding.