++++ Newsticker ++++
1.1 Scope of Application
The internet website "courier.net" is owned and operated by Couriernet GmbH, located in D - 90542 Eckental, Germany. Further information concerning either the website or operator can be obtained by following the relevant link on the web-site www.courier.net
1.2 Rights to change
Couriernet GmbH, reserves the right to change the general terms and conditions of use at any time.
Couriernet GmbH shall notify the registered user of any changes to the General Terms and Conditions of the website www.courier.net as nessercary via e-mail / confirmation letter.
Any such changes will be applicable with immediate effect.
The new version of the General Terms and Conditions will be available to download from the website www.courier.net immediately following notification of changes.
If no objection to any applicable changes to the General Terms and Conditions is raised by the registered user in writing within (5 working days) of notification of change, it shall be assumed by Couriernet GmbH, that no objection has been expressed by the registered user and that all amendments will be adhered to with immediate effect.
Any objections raised by a register user shall be investigated solely by Couriernet GmbH and any action regarding the objection will be implemented, and the registered user notified of any such decisions / outcome.
2. Requirements for use
Only carriers / operators working in the express transport or courier sectors of the industry can be members of courier.net.
The user shall be responsible to provide and maintain all hardware and software necessary to use the website provided and operated by Couriernet GmbH. The equipment required to use the website comprises of a computer terminal, with an operating system capable of providing the use of the internet, to enable the viewing of the website www.couriernet.de, send / receive e-mails via a self sourced internet service provider.
All users will require the use of a valid email account at all times.
In order to use the website www.courier.net all users are required to complete the online application as instructed on the website. The applicant must accurately complete all fields of the online application, as the information provided will be displayed on the website (subject to application acceptance by Couriernet GmbH).
All details regarding pricingand the general terms and conditions of use are available on the website, for all applicants to read and observe.On completion of the fields within the online registrationform, all applicants are required to confirm they haveread, understood and acknowledge the terms and conditions contained within.
The applicant is responsible for the accuracy of all information provided in the application to Couriernet GmbH.
On submission of the completed online registration, all applicants shall receive written confirmation of their registration via email, accompanied by the user contract agreement.
On receipt of the confirmation email from Couriernet GmbH, the applicant is required to print hard copiesof the user contract agreement. This document requires the signature of an authorised officer of the applicant together with an official stamp for the company applying for registration. The documents must then be sent directly to Couriernet GmbH together with the following documents (as applicable to each specific applicant):
Limited Company / Limited Liability Partnership applications
1) Copy of the certificate of company incorporation
2) Copy of Freight Liability / Goods in Transit Insurance certificate
Partnerships / Sole Trader applications
1) Copy of HM Revenue and Customs Self Employment confirmation document
(Only valid if issued by HMRC within 3 months of application of registration)
Copy of most recent National Insurance Contribution Request as issued by HM Revenue and Customs.
Letter from appointed independent accountant, confirming partnership / sole trader status.
2) Copy of Freight Liability / Goods in Transit Insurance certificate
The above items can be returned to Couriernet GmbH, by fax, post or email - details of which can be found on the letter of confirmation of application of registration.
Couriernet GmbH shall activate the applicant as a registered user after receipt and acceptance of the completed user contract and appropriate documentation. All matters relating to the user contract, including the general terms and conditions will be validated from time of activation of the user. Couriernet GmbH reserves the right to reject the application for registered user from any applicant for any such reason it believes applicable, without providing reason(s) to the applicant.
It is the responsibility of the registered user to keep all information relating to the website, strictly confidential against third parties to avoid illegal access and misuse. It is also the responsibility of the registered user to ensure that any authorised employee/member of personnel also use the website and information concerning the use of the site in an appropriate and confidential manner.
If a registered user, suspects that their login information has been obtained or is being used against their instructions, they must inform Couriernet GmbH immediately. Failure to do so may result in the suspension of their account. Should Couriernet GmbH suspect misuse or illegal usage of the website, they reserve the right to investigate the matter further and take respective measures to stop/prevent any further misuse. This may include permanently blocking/removing the registered users account with immediate effect.
4. Scope of Usage
The website operating company Couriernet GmbH provides registered users with a platform for the exchange of information relating to the availability of vehicles and/or freight within the domain of www.courier.net as well as providing the possibility for single users to communicate directly with one another.
Un-registered users are able to visit the website as a guest, enabling them to view certain aspects and areas of the website. Guest access entitles the user to view public accessible areas only, and provide an insight into the access rights entitled with full membership.
Registered users (excluding Transport Provider Only members) have full access to the site, enabling them to display either vehicle or freight availability for other members to see. Registered users also have the ability to contact other members regarding vehicle or freight postings of which interest them specifically.
Registered users with a status of "Transport Provider Only" have limited access to the full site. Users of this type are only able to advertise vehicles they have available, and accept orders from other users/members of the site. Members with this status are not able to offer any freight movement requirements they have to other members utilising the services of the website.
The website is available 24 hours a day, 365 days a year, subject to maintenance requirements, software updates and server / network faults. Faults or interruptions to the site may occur through scheduled maintenance work. Couriernet GmbH accepts no liability for faults, interruptions or loss of use either through maintenance or for any other reason whatsoever. In such cases the user is not entitled to a refund for any period of downtime or to withhold payment to Couriernet GmbH partially or in full.
Couriernet GmbH reserves the right to amend/alter any existing function of the website partially or in full, for the purpose of improving the website as a whole. Couriernet GmbH also reserves the right to provide additional services and/or functions to register users of the website for an additional premium. The user is not entitled to preserve the use of any single function on the website that has been altered or removed by Couriernet GmbH.
Following the execution of an order, registered users are entitled to provide a mutual rating regarding either the customer/supplier. The user must ensure that any rating/assessment is placed/posted accurately and objectively. Any ratings/comments that are deemed to be either defamatory, discriminatory, include racist comment and contents that are in any other way offensive or illegal are explicitly forbidden in the rating.
Couriernet GmbH reserves the right to delete any respective ratings that they deem to be of an offensive nature as stated above and to block the access of any registered user committing any such violation.
Couriernet GmbH reserves the right to block any registered user with a disproportionate number of negative ratings, in order to maintain the protection of all other registered users.
Couriernet GmbH does not guarantee the content or correctness of any given rating by any registered user. Any opinions expressed by a registered user are solely their own opinion(s) and are not those of Couriernet GmbH or any employee of Couriernet GmbH.
6. Fees and Charges
The use of the website www.courier.net is completely free for un-registered users, however this shall be limited to the guest access feature.
Following approval of application for use, registered users will receive up to a maximum of 4 Months free usage of the website. Free access will commence in the month ofaccount activation and continue for the following 3 calendar months. Written confirmation of intent to cancel must be received prior to the end of the free trial period, failure to do so will be treated as approval of membership by the registered user and full charges and contract agreements will apply.
User fees and scales can be obtained from the price list section on the website www.courier.net. User charges are broken down into scales as detailed below:
- Transport Provider Only
- Owner Operator*
- Courier Company
- Additional User**
* Owner Drivers / Operators shall be classed as an individual, operating his/her own vehicle on a self-employed basis.
** Only 1 registered user can be logged onto the website at any given time. However, if a registered user requires more than one user to be logged onto the website, then an additional user subscription(s) will be required.One additional user per login required.
Additional user subscriptions can only be authorised for a user at the place of usage as stated on the application. For users at an alternative site / address - a separate application will be required.
Couriernet GmbH reserves the right to increase charges for subscriptions at anytime. Couriernet will advise all registered users of any price/subscription increase in writing at the earliest opportunity. At this point, registered users will have the opportunity to cancel their subscription, providing that any such cancellation is made in writing and within 4 weeks of the original notification of change issued by Couriernet GmbH.
During the last month of the free trial period, a member of the Couriernet GmbH team shall contact the user to enquire on their intentions for further use of the website.
Following confirmation of continuing usage of the website by the user, the operating company will issue an invoice to the user, for the specific user type, for the forth coming 3 month period following the free trial period.
The operating company will continue to issue invoices to the user on a 3 month basis unless receipt of a written confirmation of instruction to cancel their membership is received by the operating company as stipulated in the terms and conditions.
Registered users must ensure that payment is sent in full to the operating company prior to the start of the forth coming 3 month period. Failure to do so may result in a suspension to their membership or the possibility of a complete termination of the service being supplied by the operating company.
Any user failing to provide a genuine VAT registration number for their organisation will be charged VAT at current rates applicable in the Federal Republic of Germany, on each invoice issued to them.
7. Duration and Termination of Contract
The free trial period can be terminated by either party at anytime.
The minimum contract term is 6 months following expiry of the free trial period. The contract will then continue to be renewed on a rolling 6 month basis, unless notification of termination has been received by Couriernet GmbH from the registered user at least 1 month prior to end of the 6 month contractual period.
Couriernet GmbH reserves the right to terminate a contract without notice, in cases of continued improper use of the website www.courier.net violation of the user rules, failure to make payment as per agreed terms or because of an accumulation of justified negative ratings of the user.
Any notice of termination of contract by the registered user to Couriernet GmbH must be made in writing at least 1 month prior to the end of the 6 month contractual period.
On termination of contract, access will be blocked on the day that the 6 month contractual period ceases. However, if the registration is terminated by Couriernet GmbH, access will be blocked with immediate effect.
Any disclaimers and exclusions of liability in these terms and conditions shall not apply to any damages arising from death or personal injury caused by our negligence. These disclaimers and exclusions shall be governed by and construed in accordance with the law of the Federal Republic of Germany. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Couriernet GmbH cannot be held responsible and will not accept any liability/responsibility regarding the publication and use of registered user data and the contents contained within, which are provided and placed on the website by the registered user personally or by a third party authorised by them.
Couriernet GmbH cannot be held responsible and will not accept liability/responsibility for any contracts, negotiations, agreements or any other such relation between registered users. This shall also include when www.courier.net provides the initial contact between to registered users.
Couriernet GmbH does not guarantee that the use of the website www.courier.net will be as successful as intended or assumed by the registered user.
Couriernet GmbH does not guarantee the speed in which data will be exchanged when using the website www.courier.net.
Couriernet GmbH does accept any liabilityin any case of faults or failings due to defects of the registered users computer system/hardware or the internet connection between the registered users' computer terminal/network servers and the servers operated by Couriernet GmbH.
9. Data Protection
All personal details supplied to Couriernet GmbH will be used for the process of user registration only.
All personal data supplied to Couriernet GmbH will be stored under the provisions of Data Protection Act and will beprocessed and used solely by authorised personnel of Couriernet GmbH for the purpose of creating a user contract and informing other registered users of your registration (i.e. - contained ina news letter).
Should Couriernet GmbH require any additional information/data from the user, separate permission will be sought and requested. The registered user reserves the right, within reason, to revoke such a request from Couriernet GmbH or to have any additional information held by Couriernet GmbH removed at anytime and with immediate effect.
Couriernet GmbH reserves the right to share personal details to external companies who are responsible (under Couriernet GmbH approval) for the registered user hotline and technical support of the website www.courier.net.
The registered user will be entitled to gain all information held about them by Couriernet GmbH and any associated party that these have been onto. The supply of information from Couriernet GmbH to the registered user shall only be acted upon on receipt of a written request from the specific registered user and shall be supplied free of charge.
All information / data relating to specific shipment / order (i.e. address, rates, transport instructions etc) will be stored on the servers of Couriernet GmbH, until the completion of the specific job. At such time, for the purposes of security and confidentiality, all information will automatically be deleted from the servers, excluding the user information and the collection/delivery town details. Such information is retained to ensure the user rating facility on the site remains accurate and easily understood.
This website, any content contained therein and any contract brought into being as a result of usage of this sight are governed by and construed in accordance with the law in the Federal Republic of Germany. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Fürth in the Federal Republic of Germany.
Should it be found or proved that one of the regulations contained within the contract be invalid or impractical, the validity of the remaining parts of the contract shall still apply. In such cases the regulation in question shall be amended or replaced in accordance to the economic interest of all parties concerned in a manner that it would have been approved by the user at the time of the original terms being agreed.
The description of vehicles and/or freight in the background map, including any further or future map functions are not covered by this contract.