CarbookPlus: Terms of use

Objective

  • The CarbookPlus-Platform offers registered users a closed, free platform for the Vehicle management.
  • Any use of the services and contents offered on the platform CarbookPlus other than the scope of options provided by CarbookPlus requires the prior written consent of CarbookPlus.
  • CarbookPlus makes the data provided by the user and / or information available to the other users, only to the extent where this data and / or information do not violate any laws or these Terms of Use. CarbookPlus is entitled to remove illegal content without prior notice from the CarbookPlus platform.
  • CarbookPlus provides users only a platform where vehicles can be managed, vehicle movements can be tracked and to get in touch with other users of the platform. CarbookPlus does not assume responsibility of the vehicle management for the user. If users enter into agreements with one another on the CarbookPlus platform, CarbookPlus is not involved here and is therefore not a contract partner. The users are solely responsible for the execution and fulfillment of contracts concluded among themselves. CarbookPlus is not liable, if the CarbookPlus platform in connection with such a contract, ends up without any contact between users. CarbookPlus is also not liable for breaches of duty by the user involved in mutually concluded contracts between users.

Registration, Warranties at the time of Registration

  • The user must register before using the services of CarbookPlus platform. Registration takes place either via a CarbookPlus account or via corresponding OpenID provider such as for e.g.: Google (R).
  • The user assures that all data entered by him during registration is accurate and complete. The user is obliged to update with CarbookPlus, changes to his user data immediately. The User shall not use pseudonyms or pen names.
  • The user provides assurance that he is at the time of registration, over sixteen years (16) old.
  • Registration with a CarbookPlus platform user account. If user is using an account of CarbookPlus platform, here he chooses a password when registering. He is obliged to keep his password a secret. CarbookPlus will not disclose the password to third parties and ask the user at any time for the password.
  • Authentication with an OpenID account (for example, Google(R) – account). The use of CarbookPlus platform can also be made using an account of an OpenID provider. Currently, this is possible with Google (R) accounts. With single sign-on is an implicit registration in effect. There will be no credentials such as user ID and password, exchanged between the OpenID provider and CarbookPlus. CarbookPlus is not interested in this information.
  • By completing the registration process, the user submits an offer to enter the contract of agreement to use the services of the CarbookPlus platform. CarbookPlus accepts this offer by activating the user for the services of the CarbookPlus platform. By this acceptance, the contract between the user and CarbookPlus materialises.
  • Each user may only register once and only create one user profile.
  • It is technically impossible for CarbookPlus to determine with certainty whether a registered user on the CarbookPlus platform is in fact the person who claims to be the user. CarbookPlus therefore provides no guarantee of the actual identity of a user. Each user is solely responsible for checking the identity of another user.

User Obligations

  • The user is obliged,
    • To exclusively make only true and non-misleading statements in his profile and in communication with other users and not to use any pseudonyms or pen names.
    • The user shall know that the photographs, submitted by him, can be made public on the CarbookPlus platform. The transmission of photos or pictures of others or non-existing persons or other creatures (animals, fantasy creatures etc.) is not permitted.
    • o To comply with the applicable laws and the rights of third parties, during the use of content and services on the CarbookPlus platform. The user is forbidden in particular to use insulting or defamatory contents, regardless of whether that content concerns other users, CarbookPlus employees or other persons or companies, to use offending content or promote, offer or sell offending products that are pornographic, violent, going against youth protection laws, unreasonably harass other users (especially through spam) (see. § 7 law against unfair competition Act), to use rights-protected content (e.g., through copyright, trademarks, patent rights, registered design or utility model rights) without being authorized, or to promote, offer or sell legally protected goods or services, undertake or promote anti competitive practices, including progressive customer canvassing (such as chain, snowball or pyramid schemes).
    • Refrain from the following annoying actions, even if they do not concretely violate any laws:
      • Sending chain letters
      • Carrying out, advertising and promotion of structural distribution measures (such as multi-level marketing or multi-level network marketing)
      • Offensive or sexually oriented communication (explicit or implicit)
  • The user is forbidden from the following actions
    • Use of mechanisms, software or scripts in connection with use of CarbookPlus platform. The User may however use the interfaces or software that are provided to him by CarbookPlus, under the services offered on the CarbookPlus platform.
    • Blocking, overwriting, modifying, copying, unless this is necessary for the proper use of the services of the CarbookPlus platform. The copying using “Robot / Crawler” search engine technology is for e.g.: not required for the proper use of the services of the CarbookPlus platform and therefore explicitly prohibited.
    • Dissemination and publicly disclosing of the contents of the CarbookPlus platform or that of other users.
    • Any act which is likely to affect the functionality of CarbookPlus infrastructure, especially overloading it.

Changes to the services on the CarbookPlus platform

  • CarbookPlus reserves the right to change the services offered on the CarbookPlus platform or offer different services, unless this is unreasonable for the user.

Duration, termination of membership

  • The user can terminate the free membership at any time without giving reasons. The cancellation can take place currently due to technical reasons only by email
  • CarbookPlus may terminate the Terms of the contract at any time citing a good reason. A good reason includes the following events
    • Non-compliance by the user with respect to the legal provisions.
    • The user violates his contractual obligations, in particular paragraphs 2 and 4 of these Terms of Use
    • The reputation of the services offered on the CarbookPlus platform is significantly affected by the presence of the user (e.g.: if it is determined after registration of the user that the user has been convicted of an intentional offense and other users are aware of this sentence)
    • If the User promotes associations or communities – or their methods or activities – which are under watch by security or youth protection authorities
    • The user causes harm to one or many other users
    • The user is a member of a sect or a community controversial in Germany
  • If there is good cause as pointed in 5.2, CarbookPlus can also impose upon the user the following sanctions, irrespective of a termination as per paragraph 5.2.
    • removal of content that the user entered
    • Issue a warning
    • Blocking of access to the services of the CarbookPlus platform

Responsibility for Content, Data and/or Information of the user

  • CarbookPlus takes no responsibility for the content, data and/or information provided by the users of the CarbookPlus platform and for content on linked external websites. In particular, CarbookPlus does not ensure that these contents are true, meet a particular purpose or can serve such a purpose.
  • As soon as the user notices an illegal or non-contractual use of CarbookPlus platform (including the use of pseudonyms or false identities), he can report it, from the contact form available on any page of the CarbookPlus platform.

Customer service/Support

  • The customer can reach out with questions and clarifications regarding his contract agreement with CarbookPlus or regarding the services of CarbookPlus using the contact form available on any page of the CarbookPlus platform.

Liability of CarbookPlus

  • Compensation claims – for whatever legal reason – against CarbookPlus (including its vicarious agents), supposing slight negligence, only exist if an essential contractual obligation / cardinal obligation has been violated. A cardinal obligation is an obligation, upon whose compliance the user should have confidence and whose fulfillment is essential to the proper execution of the contract in the first place. Claims for damages are limited in this case to the amount of the typical foreseeable damage. The restrictions do not apply if the damage is covered by liability insurance of CarbookPlus and the insurer has paid CarbookPlus. CarbookPlus is committed to sustain/continue the existing coverage at the time of conclusion of contract. Claims for personal injuries and property damage remain unaffected by the Product Liability Act. The above exclusions and restrictions also do not apply in the case of explicitly undertaken guarantees by CarbookPlus and also with claims for lack/missing of promised features.

Exemption

  • The user shall exempt CarbookPlus from the sum total of all claims, including compensation claims, which other users or third parties claim against CarbookPlus because of the infringement of their rights caused by the user via the contents posted by him on the CarbookPlus platform. The user exempts CarbookPlus from all claims, including compensation claims, which other users or third parties claim/hold against CarbookPlus because of the infringement of their rights caused by the user through the use of services of the CarbookPlus platform. The user takes over, all the incurred, accurate costs caused due to the infringement of rights of third parties, including those arising for legal defense. All other rights, including damage claims by CarbookPlus remain unaffected. The user has the right to verify that CarbookPlus has in fact lowered the costs. The foregoing obligations to the user do not apply if the user is not responsible for the infringement in question.
  • If the contents of the user is the cause of breach of rights of third parties, the CarbookPlus user, bearing his own costs, will gain the right to use the contents or render the said contents free of any legal-protection, at the sole discretion of CarbookPlus. Any breach of third party rights caused by the user when using the services of CarbookPlus platform, then the user will immediately stop the contrary to contract and / or illegal use, after being requested by CarbookPlus.

Data protection

  • CarbookPlus is aware that for users, a particularly sensitive handling of all personal data that the users convey to CarbookPlus is extremely important. CarbookPlus complies with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). CarbookPlus is particular, not to disclose the personal data of users unauthorized to third parties or otherwise let the third parties know about it. Details concerning the processing of the data of the users are governed by the privacy policy of CarbookPlus, which is accessible from the CarbookPlus platform to everyone.

Final Provisions

  • CarbookPlus reserves the right to change these terms at any time without giving reasons, unless an amendment is unreasonable to the user. CarbookPlus will timely notify the user of changes to the Terms. If the user does not object to the validity of the new Terms and Conditions within six (6) weeks after the notification, the amended Terms of Use shall be deemed accepted by the User. CarbookPlus will inform the user in the notification, of his right to object and the importance of the objection period.
  • Unless otherwise agreed, the user may submit all notices to CarbookPlus via email, reach out via the contact form accessable to everyone on the CarbookPlus platform or submit them via fax or letter to CarbookPlus. CarbookPlus may send clarifications to the user by e-mail or fax or post to the addresses which the user has specified as current contact data in his user account.
  • If any provision of these Terms are /or become invalid, the validity of the remaining provisions shall not be affected.
  • Place of fulfillment is the headquarters of CarbookPlus.
  • Jurisdiction for merchants in matters relating the Commercial Code (HGB) is the headquarters of CarbookPlus.
  • German law applies under exclusion of international civil law and the German law adopted CISG (UN Commercial law).