General Terms and Conditions of
Connection Point UG
Preamble
The internet platform www.connection-point.comis operated by Connection Point UG with its seat in Heinrich-Barth-Straße 22, 20146 Hamburg ("Connection Point" or "we"). This website shall inform entrepreneurs and other visitors ("Users") of the website about our services.

Connection Point is an interactive online platform for the networking among logistics companies to process orders in efficient way. The use of the platform is initially free of charge. A transaction fee is due and payable only if an agreement between Users is concluded. Subject matter of the contract is a publication of transportation possibilities and cargos, not an arrangement of them.

Connection Point provides access to the platform and allows the use of it on the basis of these General Terms and Conditions (GTC). These GTC regulate the relationship between Connection Point as provider of the platform and registered Users. We are neither a party to nor intermediaries of transport contracts. Such contracts may be concluded only between the Users of the platform. Any claims resulting from contracts concluded between the Users of the platform exist only between the Users.
§ 1
Conclusion of user contract
1.1
Users may register free of charge on the website (create a User account), in order to get access to all functions and tools. Prerequisite for the registration and maintaining of the usage relationship are true and complete statements about the User. This refers especially to their active e-mail addresses.
1.2
Users may choose their passwords freely for the registration
1.3
A contract for the use of the platform between Connection Point and Users are concluded only after submission of the registration form by Users ("Contract Offer") and a subsequent confirmation of registration by Connection Point ("Offer Acceptance") via e-mail.

The first User within one company will be confirmed by Connection Point. Further Users from the same company will be confirmed by such first User.
§ 2
Description of the services
2.1
We are providing Users worldwide with an independent platform which permits Users to search for transportation possibilities, cargos and further services offered by other Users and to conclude contracts amongst them.
2.2
Usage is possible only after registration.
2.3
Conclusion of the contract

The publication of a service offer on Connection Point by the service offering User ("Offeror") is not a legally binding offer to conclude a contract, but only an invitation for interested Users to place such an offer, which must be accepted by the Offeror. Only the offer of the interested User is legally binding. The contract between Users is concluded upon the acceptance of the offer of the interested User by the Offeror. In case the Provider does not accept the offer or rejects it using the integrated function in the system, the offer is considered as rejected. The interested User has no claims whatsoever against the Offeror.

The contracts concluded via Connection Point are solely between the Users (Offeror and interested User). We are not a party to these contracts.
2.4
Payment

For payment of the price agreed between the Users the following shall apply: Only the Users are responsible for the payment process and for the settlement of the invoices.
2.5
Bookings, cancellations and deadlines

Booking confirmation
Interested Users may reserve an offer ("Booking Request"). A booking ("Transaction") is effective, when the Offeror accepts the Booking Request of the interested User ("Booking Confirmation").

Consequence of expiry of the term
If the Offeror does not accept the Booking Request of the interested User, no booking exists.

Withdrawal and rejection
As long as the Offeror did not accept the Booking Request of the interested User, the interested User may withdraw it ("Withdrawal"). If the Offeror rejects the Booking Request of the interested User, no booking exists.
2.6
Conflict resolution

Users are obliged to the best possible participation in the clarifying of conflict situations which concern them. Users concerned hold conflict discussions amongst themselves.

Connection Point offers the possibility to record particular transactions insofar as permissible under data protection law. The record may be used for conciliation purposes if conflicts between the Users occur. If for example due to the limitations of the platform – e.g. lack of special units of measure – an offer/acceptance of a User may not be presented perfectly and as a consequence any misunderstandings, problems or even damages occur, solely the Users are each other responsible. Therefore, offers and acceptances must be completely and carefully checked by the Users. Connection Point offers neither mediation nor dispute resolution of any kind in case of disturbances of the contractual relationships between Users.
§ 3
Transaction fee
Connection Point charges a transaction fee for each effective booking. The transaction fee is € 1.00 for each booked container within a single transaction from every party involved. Connection Point issues monthly invoices for the transaction fees payable. The invoices shall be settled by bank transfer within 14 days.
§ 4
User obligations
4.1
User data

Each User is obliged to give true User data. This includes also an obligation to update and to inform Connection Point immediately about any changes. This applies to the personal data of the User, to the information about his offers and in particular to the information necessary to use the platform, e.g. bank and contact details, mobile phone number, e-mail address etc.

The Users registered on the Connection Point platform and their User data are visible by other Users. Placed offers, prices and conditions are visible only by the particular contracting parties.

The User is aware of the above. It agrees with the publication of its data. In cases of Internet abuse (data theft, data scraping) Connection Point assumes no liability according to § 11.
4.2
Contractual obligations

Each User is obliged to fully comply with the applicable laws while using the Connection Point platform.

It is strictly prohibited to register third parties with Connection Point without their knowledge and consent or to publish any content in their name.
§ 5
Rights to content
5.1
Users grant to Connection Point by placement of information within their offers a revocable and transferable right to use this information limited for use on the platform.
5.2
Every User has to ensure that the content und materials used by it are free of any third party rights and do not violate any rights of third parties. Every User indemnifies Connection Point against any claims by third parties, which may arise because of the content and materials placed by User or because of its conduct, including all reasonable fees and cost of legal defence.
§ 6
Warranty of availability
and monitoring of the content

6.1
Scope of warranty

Connection Point gives no warranty of any kind for continuous and proper functioning or continuous usability or availability of the platform, since malfunctions of the server or fluctuations in quality of access to the Connection Point platform cannot be technically excluded.

In case of a system failure all open negotiations are being suspended. Connection Point is liable in this respect for problems in relation to the open negotiations only as set forth in § 11.
6.2
Monitoring obligations

Connection Point, being the service provider within the meaning of the German Teleservices Act (Telemediengesetz), is not obliged to monitor the submitted or stored data or to research for circumstances indicating unlawful activities. However, in case Connection Point obtains positive knowledge of such circumstances, it will examine the facts and delete or block the illegal content immediately and hereby reserves the right to block the User profile.
§ 7
Measures in case of infringements
Connection Point is entitled, instead of termination of the contract for the use of the platform, to ban the User with immediate effect from one or more of the services offered and/or to deactivate the account temporarily or permanently.

Connection Point is entitled to take special measures with respect to particular offers and other publications, insofar as it considers it necessary and appropriate. This does in particular include deletion of offers, messages or evaluations.
§ 8
Newsletter
Connection Point is entitled to inform registered Users by e-mail or by mail about news and offers. This includes information concerning the platform as well as general information and offers from us or our partners.

Users not interested in the newsletter may unsubscribe at any time.
§ 9
Right of revocation and termination
9.1
Right of revocation

Users who are consumers within the meaning of § 13 of German Civil Code ("BGB"), may revoke their registration within 14 days without giving any reasons. Such revocation may be declared in text form (e.g. by mail or e-mail). The revocation period starts upon receipt of this information on the right or revocation in text form, but not before the conclusion of the contract for use of the platform and not before we have fulfilled our information duties in accordance with Art. 246 § 2 in connection with § 1 (1) and (2) of the Introductory Act to the Civil Code ("EGBGB") as well as our duties under § 312g (1) sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the revocation period, it is sufficient to dispatch the statement of revocation within the revocation period. The statement of revocation declaration be sent to: delete@connection-point.com.

In case a valid statement of revocation has been given, the contract for the use of the platform has ended. As a consequence, the User will be barred/deleted. Data exchanged with other Users by that point of time will be kept so that the other Users can reconstruct the respective transactions.
9.2
Termination

After registration of a User, the contract for the use of the platform may be terminated by each party at any time with a notice period of 14 days to the end of the month. The notice of termination shall be sent in text form, by e-mail or mail. The time of receipt of the notice by Connection Point is decisive. The access will then be blocked at the end of the month.
§ 10
Data protection and confidentiality
10.1
Handling of personal data of the Users is a very important issue for Connection Point. Therefore, we carry out the collecting and processing of personal data only in compliance with all applicable laws. Users are aware that by placing their offers, they publish personal data, which are visible on the website of the platform for other registered Users.

The Users are aware that, in order to provide certain services or partial services, Connection Point sometimes uses external service providers, who may also handle personal data.

This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses so-called "Cookies", text files which are stored on your computer and which enable to conduct an analysis of the use of the website by you. The information generated by the cookies about your use of the website will normally be transmitted to a server in the US, where it is stored. In case of activating an IP anonymizer for this website, your IP address will however be abbreviated by Google within the member states of the European Union or within other member states of the European Economic Area. Only in exceptional cases, the full IP address will be transmitted to a server in the US, where it is abbreviated. An IP anonymizer for this website is active. On behalf of the website operator, Google will use this information to evaluate your use of the website, to compile reports on website activities and to provide further services connected to the website use and the internet use for the benefit of the website operator. The IP address transmitted by your browser in the context of Google Analytics will not be linked to other data retrieved by Google. You may prevent the storage of cookies by putting the appropriate settings in your browser. However, we should point out that in such case, you might not be able to use the full functionality of this website. You may permanently prevent Google from collecting data generated by cookies regarding the use of the website (including your IP address) and processing them if download and install the browser plugin available under the following link:https://tools.google.com/dlpage/gaoptout?hl=en.
10.2
Confidentiality

All parties are obliged to keep confidential all transactions that they have become aware of in the course of the cooperation. The confidentiality obligation will continue beyond the time of the registration with Connection Point unless such transactions have become publicly known. Connection Point is entitled in any event to use name and logo of business users for reference purposes. Furthermore, Connection Point is entitled to forward information to affiliated enterprises or external advisors.
§ 11
Limitation of liability
11.1
Connection Point shall be liable to the Users for damages or reimbursement of wasted expenses only in all cases of contractual and non-contractual liability and only in the event of wrongful intent and gross negligence in accordance with the laws of Federal Republic of Germany.
11.2
In all other cases – unless not stated otherwise in 11.3 – Connection Point shall be liable only in the event ofbreach of a fundamental contractual obligation, the fulfilment of which is required for the proper execution of the contract and on which the contractual partner generally rely (cardinal obligation); in this case the liability is however limited to the reimbursement of foreseeable, typically occurring damages. In all other cases – subject to the provision of 11.3 – any liability of Connection Point shall be excluded.
11.3
The liability of Connection Point for damages arising from injury to life, body or health and in accordance with the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected by the above liability limitations and exclusions.
§ 12
Final provisions
12.1
These General Terms and Conditions are conclusive. General terms and conditions of Users have no effect on the contract for use of the platform. This shall also apply in cases when Connection Point has not explicitly objected to such general terms and conditions. In the event that any provision of the General Terms and Conditions of Connection Point should be ineffective, this shall not affect the validity of the remaining provisions.
12.2
The contracts for use of the platform are subject exclusively to the laws of the Federal Republic of Germany. If the User has its habitual place of residence in another country, the application of mandatory law of this country remains unaffected by this choice of law.
12.3
Exclusive place of jurisdiction for all disputes arising from the contract for use of the platform and from these General Terms and Conditions is Hamburg, if the User is a business within the meaning of the German Commercial Code (Handelsgesetzbuch), a special fund under public law, or a legal person under public law.
12.4
Connection Point reserves the right to change these General Terms and Conditions at any time and without giving reasons under the conditions set below. Connection Point will inform the User about any changes and/or deviations from the promised services by e-mail and offer it to continue the usage under the changed conditions. If the User does object to the applicability of the new General Terms and Conditions within six weeks from the receipt of such e-mail, the new General Terms and Conditions shall be deemed as agreed to by the User. If the User objects to the applicability of the new General Terms and Conditions within the six-week period, Connection Point is entitled to terminate the contract in due course observing the general notice period.
12.5
These General Terms and Conditions and further data pertaining to the contract for use of the platform shall be stored by Connection Point after the contract has been concluded. The version of the General Terms and Conditions as currently valid is available to the User at any time upon demand.