GENERAL TERMS AND CONDITIONS & TERMS OF USE

for registration with and utilization of CarbookPlus – Version 1.0 / Effective 02.03.2017
  1. Provider and scope of application of the terms of use
    1. The service “Carbook Plus” is being operated by CarbookPlus GmbH, Maybachstrasse 2, D-71299 Wimsheim/Stuttgart, (hereinafter referred to as “provider”). Carbook Plus is a software application in which users can register free of charge and then use various services – which may also require a fee in individual cases – in the range of automobiles, electronic logbooks, gas station search function, etc. (hereinafter referred to as “app”).
    2. These terms of use apply to all users of the app (hereinafter referred to as “user”). They regulate the usage relationship between provider and user with regard to all agreed contracts and services.
    3. The user agrees to the sole validity of these terms of use with the start of usage, at the latest with registration.
    4. The current version of the terms of use valid at the time of registration applies, which is always available for viewing and printing in the app.
    5. The product range of “Carbook Plus” is aimed exclusively at individuals of legal age.
  2. Contractual object /Services / Features / Accessibility
    1. Upon registration, the provider makes the app available to the user in order to use the features and services available in the app for the duration of the contract.
    2. Primarily, the following features are available: electronic logbook with automatic GPS tracking – if enabled – of past trips, creation and maintenance of vehicle profiles for management purposes, management of accounts books for vehicles, gas station overview with display of current prices and review options, as well as a favorites feature.
    3. A contractual relationship regarding the use of the app is established solely between user and provider. There is no contractual relationship with other drivers of the user’s vehicles or with any third parties, such as accountants, tax offices or others, who may receive logbook data from the user. The provider merely provides the software solution within the framework of the app. It is therefore the sole responsibility of the user to fulfill the legal and actual requirements with regard to the specific use of the app, the trips created and managed as well as the use of records and evidence, etc. obtained in this way.
    4. Registration for the app is free of charge. If it is possible to order certain services of the provider or third parties for a fee within the app, individual contracts between the provider or the third party and the user will be concluded. The user expressly acknowledges any payment obligations associated with this. For consumers, the use of paid services can only be activated after 14 days due to the legal right of revocation/cancellation, unless the user expressly declares to the provider that they waive their right of revocation.
    5. The provider reserves the right to remove, delete or block any content in the app, even without prior notice to the user, if illegal content or content that violates these terms and conditions is available in the app, or if there is reasonable suspicion regarding such content and/or if third parties ask them to, with conclusive and comprehensible reasons, e.g. in the event that unlawful content is disclosed.
    6. The user shall not acquire any entitlement to the existence, future existence or future implementation of complimentary features and usage options. Free utilization possibilities and features may be subject to change, i.e. either extended or discontinued, at any time without prior notice.
    7. The provider may restrict access to services at any time, if the security of the network operation, the maintenance of the network integrity, in particular, the avoidance of serious disturbances of the network, the software or stored data require this and if the user’s interests, which are worth being protected, clearly are not outweighed.
    8. The provider does not guarantee a certain accessibility for the free use of the app. The provider tries to ensure the highest possible degree of accessibility within their sphere of influence. When using paid services, the provider guarantees the availability only within the scope of their own sphere of influence under the condition that, if necessary, minor periods of non-availability due to system maintenance cannot be avoided. The provider will carry out such maintenance measures outside of normal business hours, as long as it is possible and reasonable. If such maintenance work is likely to result in unavailability of more than one hour, the provider will announce this in advance on the website www.carbookplus.com. The provider has no influence over the availability, stability and functionality of the Internet as a whole or on the infrastructure of third parties (access providers, backbones, DNS server, etc.) required to establish a connection to the service of the provider and therefore cannot be held accountable for such circumstances.
    9. Entitlements to updates or modifications beyond the statutory warranty shall not be established.
    10. . In case dates are displayed in the app or system, they always refer to the local time at the provider’s headquarters, i.e. Central European (Summer) Time, CEST, sometimes referred to as MESZ.
  3. Registration / login details
    1. The user must register in advance to use the app. The registration itself is free of charge. Upon registration, the user is authorized to access the app “Carbook Plus” via the Internet (account) and agrees to use the features of the app in accordance with these terms of use. The account contains the basic, at any time freely revocable and non-transferable authorization to use the app within the scope of accessibility.
    2. In addition, users can also register via their existing social media accounts such as Facebook, XING, LinkedIn or Google (so-called “Connect” services). For this, the user is forwarded to the page of the respective service, where he can log in with his data. This links the respective account and the provider’s service. By linking, the provider automatically receives data from the user’s profile from the social media provider. The following information is transmitted to the provider: The public profile (everything that third parties can easily see when looking up the profile, without further probe, including the profile picture and the plain name), as well as the e-mail address. If the user has specified further contact data, such as a telephone number, the provider will also receive this. The provider uses the name and the e-mail address from this data. This information is mandatory for the conclusion of the contract in order to identify the user.
    3. There is no entitlement to registration or to the provision of the possibility of use by the provider.
  4. User’s obligations & assurances
    1. The user assures that all the data and information provided by them and stored in the app are accurate, that they do not provide false or misleading information, that they are of legal age at the time of registration, that they are of full legal capacity or that they are legally authorized to act on behalf of a legal entity. The user agrees to provide proof of the assurances given to the provider in this section on request.
    2. The provider is authorized to delete accounts if given data should turn out to be incorrect or if there is reasonable doubt that certain details are false.
    3. The user assures that they choose a password that is as secure as possible in accordance with state-of-the-art technology and that they keep this password secret from third parties. The provider has no access to the user’s password and will only ask the user for their password to log in, change the password, delete a project or delete the account.
    4. The provider explicitly does not promise any data backups and declares that the app is not intended to be used as a permanent data storage device and that it may not be able to perform this function under certain circumstances. It is therefore the user’s own responsibility to regularly print out and save data, such as trips (as PDF possible) or by sending the trips via e-mail and saving them on their local hardware. The user is obligated to secure data regularly, at best on a daily basis. In the event of data loss, the user can only assert any claims against the provider if they themselves have complied with this daily data protection requirement. They must act as if they have met this requirement.
    5. The user is obligated to:
      1. Notify the provider immediately of any noticeable defects in the app.
      2. Keep their hardware and software up to date with latest state-of-the-art technology (especially security software and browsers).
    6. The user is prohibited from abusing or changing the app or provided services or limiting their functionality by using the app in an inappropriate way.
    7. The user agrees to use the app only within the scope of the contractually agreed extent of service and only for their own purposes. Any use of the account by third parties and disclosure of login data is prohibited.
    8. The user is obligated to check the entirety and accuracy of their trips before using them as proof in relation to third parties.
  5. Published content
    1. The user is solely responsible for their submitted content, data, etc. Subdomains.
    2. The user is obligated to protect the rights of third parties, in particular personal rights as well as rights of use, performance protection and exploitation rights.
    3. If the user uploads images, text, videos, etc., they assure that they either have the necessary rights themselves (e.g. by having written the text themselves or having taken the picture themselves) or that they have at least first obtained the necessary permission from the respective copyright holder (e.g. the author of the text, the photographer of the image, the individuals depicted).
    4. The user is obligated not to post any pornographic content or content that violates common decency or the laws for the protection of minors or any other illegal content of any kind. This includes, for example, right-wing or left-wing extremist, offensive, inhuman, violent, insulting, slanderous or other similar content. The same applies to links to such content or similar content.
    5. Content that is believed to infringe the rights of third parties may be corrected, blocked or deleted by the provider at any time without notice. The provider also reserves the right to take entire accounts offline and/or to limit accounts in such cases – as far as it is a matter of urgency after prior notice.
    6. The user is obligated not to attempt to gain unauthorized access to data of other users or to unlawfully obtain, detect, pass on, change or misuse data of third parties in any way whatsoever.
    7. The user is responsible for ensuring that any content posted by the user is free of malware, viruses, Trojans or other programs or code that could endanger or impair the functionality or the existence of the app.
    8. The user is obligated to check compliance with these regulations before posting content.
    9. The provider is not responsible for the actions of the user nor for those of third parties.
  6. Blocking or deletion of accounts by the provider
    1. The provider reserves the right to block individual users. The provider is authorized to delete or block certain accounts if there is evidence that justifies the suspicion that:
      1. The user is or was violating any rights via the account;
      2. The user has uploaded or posted illegal content;
      3. The user otherwise violates these terms of use culpably.
    2. This list is not exhaustive. The provider reserves the right to block or delete accounts for other reasons.

    3. The provider will take reasonable account of the interests of the user, in particular with regard to the seriousness of the infringement or suspicion, in its decision.
    4. In case of doubt, the burden of proof lies with the user. The user must demonstrate and prove that they have acted in accordance with the applicable law or these terms of use contrary to the provider’s suspicion or that there is no reason to block or delete them.
    5. Regardless of the right to block or delete the account, the provider remains entitled to terminate the contractual relationship with the user altogether and/or to assert other claims, in particular claims for damages against the user.
  7. Damages / release from liability / rights of third parties
    1. The user is obligated to reimburse the provider for the damage caused by a violation of the user’s obligations, unless the user is not responsible for the breach of duty.
    2. In the event of non-compliance with their obligations, the user shall release the provider from all liability towards third parties. The user shall reimburse the provider for any damages, including attorney fees, consequential damages, loss of profit, etc. on proof. The only exception is if the user is demonstrably not responsible for the breach of duty.
    3. If rights of third parties are infringed by the use of the app by the user, the user will immediately cease the use in breach of contract or illegal use upon request by the provider.
  8. Period of use / cancellation / account deletion
    1. The account can be used indefinitely. If the customer buys – where possible – any additional features that are subject to a charge, then the contractual terms and conditions set out in the respective terms shall apply.
    2. The user has the right to delete their account at any time and thus terminate their use (cancellation). The termination can be carried out by the user on the platform in the user’s profile settings.
    3. If the user stops paid features early by cancellation or otherwise, there is – as far as the premature cancellation is not the responsibility of the provider – no claim for pro-rata refund of already paid services.
    4. The provider has the right to terminate the use of the free service at any time and to delete the user’s account without prior notice.
    5. The right to cancellation for good cause remains unaffected. An important reason exists for the provider in particular if
      1. the user has persistently violated essential provisions of these terms of use, in particular with regard to clauses 4 & 5, or
      2. an application for insolvency proceedings is filed against the user’s assets, the insolvency proceedings are initiated by a relevant court or the application is rejected for lack of assets, or
      3. in the event that the provider can reasonably conclude that the user is no longer able to fulfill their contractual obligations towards the provider due to a lack of liquid funds, and the user does not prove the contrary to reasonable conviction within 14 days after request by the provider.
  9. Termination of the provider’s activities
    1. Insofar and as long as free functionalities are offered and used, the provider is at any time entitled to interrupt the supply of content as well as access to the app or to terminate it indefinitely or permanently.
    2. The user has no claim to use and access the free features.
  10. Liability of the provider
    1. The provider is liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, the operator is liable for damages resulting from injury to life, body and health of individuals.
    2. The following limited liability shall apply: In the event of slight negligence, the operator shall only be liable in the event of a breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on which the user may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of foreseeable damages at the time of conclusion of the contract, which are typically to be expected. This limitation of liability also applies in favor of the vicarious agents of the provider.
  11. Data protection / personal data
    1. The user hereby consents to the storage of personal data entered by them. This also applies to the storage of IP addresses, which are transmitted each time the app is used and for the use of cookies by the provider, in order to enable the identification of the user in the system. The consent also includes the fact that the provider stores, uses, processes and, if necessary, transmits the personal data to law enforcement authorities for up to 3 months after the end of the user relationship in order to investigate any misuse of the platform and legal proceedings.
    2. Usage of the app makes the collection, processing and use of personal data by the provider unavoidable. The provider assures to treat all stored data with care and to process them exclusively within the scope of the user’s consent under data protection law. The provider will only carry out any further use of personal data if this is legally permissible or the user has given their prior consent.
    3. The user further agrees that the provider uses personal user data for direct marketing purposes. This includes the advertising aimed at the user via e-mail. Users can object to this use at any time towards the provider with effect for the future.
  12. Rights to the platform
    1. All trademark rights, rights to commercial descriptions, name rights, trademark rights, copyrights, neighboring rights and other rights to the app itself, its individual graphic and textual elements and its features and services are the sole property of the provider and may not be used, distributed, copied, duplicated, made publicly accessible, performed, transmitted or otherwise exploited without the prior written consent of the provider.
    2. A transfer of exploitation or other rights to the user does not take place.
  13. EU online dispute resolution platform
    1. The EU provides an online-based platform for dispute resolution (OS platform). This OS platform is designed to settle disputes between consumers and online platforms in connection with online purchases or service contracts as quickly and effectively as possible.
      In accordance with Article 14 of Regulation (EU) No. 524/2013 on Online Dispute Resolution in Consumer Matters (known as ODR Regulation), we therefore inform you about the link to this OS platform. The online dispute resolution platform can be accessed here:

      Link to the EU online dispute resolution platform

    2. In accordance with Article 14 of the ODR regulation, we also want to mention our e-mail address for your information: contact [at] carbookplus.com.
    3. We would like to point out that we are not obligated to conduct a dispute resolution procedure before a consumer dispute settlement authority and that we do not participate voluntarily in such a procedure.
  14. Changes to these terms of use
    1. The provider reserves the right to change the terms of use. The user will be informed of the changes in an appropriate manner and will be informed of the sections – by means of highlighting – that have been changed. Generally, the information is provided by being published in the app or on the website www.carbookplus.com. However, the provider reserves the right to decide how the user will be made aware of the changes.
    2. If the user does not indicate within six (6) weeks after receiving information about the new version that they do not accept the new version, this is considered tacit consent and from this point in time, the new version shall apply. The provider is obligated to draw the user’s attention to this significance of their behavior with the information about the changes.
    3. In the event of a timely objection by the user, the provider is entitled to stop using the platform at the time when the new terms of use are intended to take effect or to declare the ordinary termination of the usage contract.
    4. With regard to such services, additional applications and features, which are booked individually and are not offered as part of a continuing obligation, a separate contract shall be concluded for each booking, the additional terms and conditions of which may be displayed separately in individual cases prior to booking. The corresponding contract terms and services can be changed for future bookings, regardless of the requirements for service changes mentioned here.
  15. Severability clause
    1. Should one of the regulations provided here be or become invalid, the validity of the remaining regulations remains unaffected. In this case, the parties shall attempt to replace the (partially) invalid regulation with a regulation whose economic success is as close as possible to that of the (partially) invalid regulation. The same applies to contractual gaps.
  16. Legal system / place of jurisdiction / assignment / offsetting / communication
    1. For the validity of these terms of use, the law of the Federal Republic of Germany shall apply exclusively, excluding international law such as the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers who do not sign the contract for professional or commercial purposes, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the state in which the consumer has their habitual residence.
    2. If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the provider. The same shall apply if the user does not have a general place of jurisdiction in Germany or if the domicile or habitual residence is not known at the time of bringing an action.
    3. Rights and obligations arising from these terms of use may not be assigned or otherwise transferred without the other party’s prior consent.
    4. The user can declare the offsetting only with such counterclaims, which are undisputed or legally established.
    5. Unless otherwise agreed, the user can send all declarations to the provider by e-mail or by letter. The provider can in turn send all declarations to the user’s e-mail address, which was entered by the user as the current e-mail address in their user account.
  17. Right of cancellation for consumers
    1. Consumers have a legal right of cancellation. If you sign this contract as a consumer (§ 13 BGB), the following applies:

    Cancellation policy

    Right of cancellation

    You have the right to cancel this contract within fourteen days without providing reasons.

    The cancellation period is fourteen days from the date of conclusion of the contract.

    In order to exercise your right of revocation, you have to contact us (Firma CarbookPlus GmbH, Maybachstrasse 2, D-71299 Wimsheim/Stuttgart, phone: +49(0)7044 95103-100, telefax: +49(0)7044 95103-11100, e-mail: contact [at] carbookplus.com) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the enclosed sample cancellation form for this purpose, but it is not mandatory.

    In order to comply with the cancellation period, it is sufficient that you send the notice of cancellation prior to the expiry of the cancellation period.

    Consequences of the cancellation

    If you cancel this contract, we will have to refund all payments received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us) immediately and within fourteen days at the latest from the day on which we receive notice of your cancellation of this contract. We will use the same means of payment for this repayment as you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment.

    Sample cancellation form

    (If you want to cancel the contract, please fill in this form and send it back.)

    To:
    CarbookPlus GmbH
    Maybachstrasse 2
    D-71299 Wimsheim/Stuttgart
    Telefax: +49(0)7044 95103-11100
    E-mail: contact [at] carbookplus.com

    Hereby I/we (*) cancel the contract signed by me/us (*) for the purchase of the following goods (*)/performance of the following service (*)

    ————————————————————————————————————–

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    Ordered on (*)/received on (*): _____________________________________

    Name of the consumer(s): ______________________________________

    Address of the consumer(s): ______________________________________

    ______________________________________

    _____________________________________________________
    Signature of the consumer(s) (only for communication on paper)

    _______________
    Date

    (*) Delete as applicable