Terms & Conditions

§ 1 Terms of Use

(1) The NETVAI UG (limited liability) (hereinafter "Services Provider") provides on portal.vislog.net a platform (hereinafter called "the Portal"), which enables forwarding agencies (hereinafter "User"), each in contact to contact, exchange information about tours and to include binding agreements on the introduction of tours.

(2) These terms and conditions govern the provision of services by the service provider and the use of these services by the user. Different terms and conditions of the user are not part of the contractual relationship.

 

§ 2 Registration Authorization

(1) The use of available on the portal services, you must register. A right to registration exists. The service provider is entitled to reject any application without giving reasons.

(2) The application is only permitted if the application in practice of a commercial or independent professional activities. Consumers are prohibited to register. If a legal person, the application by a legally competent and authorized to represent natural person must be.

 

§ 3 Registration on the portal, user data

(1) The process of registering solicited by the service provider contact details and other information must be provided completely and correctly. When registering a legal person authorized to represent the natural person must also be specified.

(2) After entering and submitting all requested data to the service provider switches to grant access to free and will notify the users thereof by e-mail. The e-mail is considered as acceptance of the declaration. Upon receipt of the email, the user is authorized to use the portal under these Terms of Use. For this, the user's activation by clicking on the link contained in the email must confirm in advance.

(3) The user is obliged to keep its data current. If a change in the data given during the period of use of a so the user has to correct the information without delay on the portal in his personal settings. If the user does not succeed, the amended data must be notified to the service provider immediately via email.

 

§ 4 services available on the portal, using the services

(1) The service provider provides the user during the registration process, the choice between different approaches that differ according to power supply and remuneration. For more information on the different approaches to the costs, the payment and the other relevant details will be displayed to the user during the logon process.

(2) Depending on the selected by the user access provides the service provider to the user on the portal different services. Such services may be the opportunity to get in touch with other users to exchange information about tours and to enter into contracts on the implementation of tours eg.

(3) In addition, the service provider to the user on the portal other services available that are not included in the fee for the various approaches. Accessing these additional services the user has credits called the service provider. Purchase.

(4) The user receives detailed information on the costs incurred by the payment and other relevant details are displayed before the acquisition of credits, before resorting to the other services. Only after the user has the option to accept binding by clicking the appropriate button the offer of the service provider.

(5) The content and scope of services shall be governed by the respective contractual agreements, moreover as the functionalities most current information available on the portal.

 

§ 5 Information about the conclusion of the contract in electronic commerce

(1) Prior to submitting the application or prior to clicking on the appropriate button to purchase credits or to seek further services, the user receives a summary of his statements appear to detect input errors. Use the back button of their browser and using the provided throughout the process input fields and buttons, the user can move within the process and delete incorrect data or correct.

(2) The final contract is in German. The user has the option to print the Web page with the Treaty provisions and these Terms of Use by using the printing or storage function of his browser or save it in the contract. In addition, the service provider transmits the user of the contract including these terms of use within a reasonable time after the contract, but no later than before starting to perform the service, send an email. The seller keeps the text of the contract after the contract is stored. A user's access to the text of the contract on the provider is then no longer possible.

 

§ 6 user profiling

(1) As far as functionality available on the portal, the user can customize the user profile under the present conditions of use according to his ideas.

(2) The service provider generally leads not validate the identity of the profile owner and the information in the profiles. Therefore, the service provider does not guarantee that it is in each profile owner respectively to the person for whom the respective profile owner posing, and that the information is true and by the profile owner match.

 

§ 7 Setting your own content by the user

(1) As far as functionality available on the portal, the user can in the present Terms of making content available in the portal and thus make it available to third parties.

(2) By posting content the user grants the service provider each a gratuitous and transferable right to use the respective content for use on the portal, in particular

• storing the content on the server of the service provider and their publication, in particular their public disclosure, or
• the processing and duplication, to the extent necessary for the provision or publication of that content, and
• the establishment of - well remunerated - use rights over third of its contents.

If the user takes down the content posted by him again by the portal, goes out the above we granted utilization and exploitation. The service provider keeps entitled stylishly created to backup and / or detection purposes copies. The rights that have been granted to other users, also remain unaffected.

(3) The service provider reserves the right to edit content without prior notice, to block or remove, if the contents represent a serious breach of the present Terms of Use. The service provider, however, in this case take into account the legitimate interests of the user into consideration and choose the least drastic means of defense of the infringement.

 

§ 8 Protection of content, responsibility for third party content

(1) Available on the portal contents are mainly protected by copyright or by other industrial property rights and are each owned by the service provider, the other users or other third parties who have submitted the respective content. The compilation of the content as such is possibly protected as a database or database work as defined in §§ 4 para. 2, 87a para. 1 of the Copyright Act. The user may use this content only in accordance with these Terms of Use and the predetermined on the portal frame.

(2) Available on the portal site comes in part from the service provider and partly by users or other third parties. Content of users and other third parties are hereinafter collectively referred to as "third world". The service provider performs at third content by not checking for completeness, correctness and legitimacy and therefore accepts no responsibility or liability for the completeness, accuracy, legality and timeliness of third party content. This is also true with regard to the quality of third-party content and their suitability for a particular purpose, and also, in so far as it is third-party content on linked external websites.

 

§ 9 Information about tours, acquisition of tours

(1) As far as functionality available on the portal, the user technician can enter under the present Terms of tours in the portal. When creating a tour, the user has this as a "tour" as "Available order" or marked as "price request". A "tour" for informational purposes only. For "Available order" and "quotes" on the other hand, the portal functionalities, with the help of which users can include binding agreements on the implementation of the relevant routes.

(2) When "Available order" the contract is concluded by the offer of the contractor ( "Make Offer") and the adoption by the contracting authority ( "Accept Offer"). If the client before accepting the offer changes to the tour, makes the then generated by the portal request the contractor no binding offer of the client group; the contract is concluded contrary, here again (only) by offering the contractor ( "Validate your offer") and the adoption by the contracting authority ( "Offer accept").

(3) When "quotes" are the contractor initially a non-binding price proposal from ( "Non-binding price proposal"). The contract is concluded subsequently by the then-related offer of the Customer ( "Order offer") and the adoption by the contractor ( "Order Accept"). If the client before the delivery of the offer changes to the tour before, put the then generated by the portal request the contractor and its renewed price proposal ( "Price Proposal confirm") no binding declarations of intent are; the contract is concluded contrary, here again ( "Offer contract") (only) by offering the customer and acceptance by the contractor ( "Order Accept").

(4) At the conclusion of contracts with members of a group, as they are for example set up for organizations and cooperations, the specificity can be made that the contract is concluded on the administrator of the group, and that the users involved after signing the contract having regard to the identity of their obtain contractual partner. In addition, the administrator can be authorized to set a commission before submitting the binding contractual statements, which in the case of a contract was concluded to be paid to him. Paying the commission is of the user submitting the Tour.

(5) contractors closed the portal contracts for the provision of tours are only the users involved. The service provider only provides the platform for this contract conclusions available and is by no means self-contractor.

(6) The service provider assumes no responsibility or liability for the quality, performance or reliability of the users of the portal, including the existence of or the information on transport insurance.

 

§ 10 Availability of services, changes in services

(1) The service provider shall, in its area of ​​responsibility an availability of at least 99 percent throughout the year. This does not include maintenance times, announcing the service provider with a lead time of at least seven days. The user is responsible for creating the conditions in his area of ​​responsibility for the contractual use of the services technical requirements. This is especially true for the selection, procurement and use of the required data connections.

(2) The service provider has the right to expand services and improve, if pertinent to the technical progress, appear to be necessary to prevent abuse, or a legal obligation to do so. Other changes to the contract contents, including these Terms and Conditions, the service provider - with the user's consent - to make, if the change is reasonable taking into account the interests of the service provider to the user. Report is in particular any amendment to the Treaty in a reduction of the principal contractual performance of the service provider to follow. The approval of the amendment of the contract shall be deemed granted if the user of the change does not object within one month of the notification of change. The service provider undertakes to inform the user by the change notification of the consequences of non-objection.

 

§ 11 Prohibited Activities

(1) The user is prohibited any activity on or in connection with the portal that violate the law or the rights of others.

(2) Furthermore, the user also prohibited regardless of a possible violation of the law, the following activities:

• the extent that this part of the intended use of the portal is offering for sale or advertising of paid content, services and / or products are not,
• the harassment of other users, for example by repeated personal contact without or against the reaction of the other user,
• any electronic or otherwise collect identity and / or contact information of users (eg for the purpose of sending unsolicited e-mails),
• any action that is likely to affect the smooth operation of the portal, in particular, the systems of the service provider to charge excessively.

 

§ 12 Blocking of access

(1) The service provider may terminate the user's access to the portal temporarily or permanently, if concrete evidence exists that the user violates these terms of use and / or restricted by applicable law or has failed, or if the service provider is a legitimate interest in the revocation does. When deciding on a blocking of the service provider will take into account the legitimate interests of the user appropriately.

(2) In case of temporary or permanent blocking of the service provider locks the access authorization of the user and notifies him here via email.

(3) In case of temporary closure of the service provider reactivated after the timeout admission and notifies the user of such by e-mail. A permanently blocked access authorization can not be restored. Permanently suspended users are excluded from using the Portal permanently and can not log on to the portal again.

 

§ 13 Contract Period, Termination of Use

(1) a minimum term of one year applies to all entrances. After the expiry of the minimum term of the contract shall be extended automatically by one year unless either party terminates it by giving notice of three months before the expiry of the minimum contract term or the respective extension period.

(2) If the user terminates his or access the service provider blocks access of the user according to the present conditions of use, the user has no right to a refund of the fee for credits, which he has not yet been used at the time of the termination of its use. A claim for refund of unused credits is only in the case of ordinary termination by the service provider.

(3) The service provider is entitled upon expiry of 30 calendar days after the termination becomes effective and after any statutory provision deadlines to delete all created by the user as part of your use of the data beyond recovery.

 

§ 14 Limitation of Liability

If the user through the use of questions on the portal available services (including the retrieval of content), damage caused, the service provider is liable in accordance with the following provisions:

(1) For damage was caused deliberately or through gross negligence by the service provider or by its legal representatives, executives or vicarious agents, the service provider has unlimited liability.

(2) In cases of slightly negligent violation of insignificant contractual obligations only the service provider is not liable. In addition, the liability of the service provider for damages caused by carelessness on those damages, the to occur within the framework of the contractual relationship can be typically expected (typical contractual foreseeable damage). This also applies to slightly negligent breaches of duty by the legal representatives, executives or vicarious agents of the service provider.

(3) The foregoing limitation shall not apply in the case of malice, in the case of bodily or personal injury, for the violation of guarantees and product liability claims.

 

§ 15 writing requirement

Insofar as these Terms not otherwise expressly indicated, all statements that are made in the context of use of the portal to submit in writing or by email. The postal address and the email address of the service provider, the user can see the imprint of the portal.

 

§ 16 Applicable Law

These terms of use are subject to the laws of the Federal Republic of Germany, excluding the CISG.

 

§ 17 Jurisdiction

The exclusive jurisdiction for all disputes arising from these Terms of disputes, provided that such a choice of court agreement is permissible, the seat of the service provider.

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