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User Agreement of Logifix®
Welcome to the Logifix® websites of
- hereafter referred to as: “Logifix®” the party you are contracting with.
General Provisions
This agreement describes the User Agreement applicable to the use of Logifix data services available under the domain and sub-domains of www.Logifix.com and www.Logifix.de (the "Website") and the general principles for the websites of our subsidiaries and affiliates (if applicable). If you do not agree to be bound by the User Agreement of this agreement, do not click on “I agree” and do not use or access our services.
You must read, understand, agree with and accept all of the User Agreement contained in this agree¬ment and the Privacy Policy, which include the User Agreement expressly set out below and those incorporated by reference, before you may become a member of Logifix® or a user of the Website. We strongly recommend that you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further rules or requirements that apply to you as a Logifix® user.
This Agreement is effective upon registration as a new Logifix® user. For any subject of legal interpretation of these terms and conditions, the German GTC (AGB) and the German law is applicable.
A membership or the use of the Logifix® web pages requires the approval of this agreement.
1. Advertising Market
Logifix® is a service provider for the logistics industry, offering through an internet-based network the opportunity for regis¬tered members to request a quotation for freight services tailored for service providers and customers. Logifix® does not quote for any services. Our webpages acts as a venue to allow anyone to advertise their offered or requested freight services at anytime, from anywhere, in a variety of pricing formats, for differing geographical destinations, provided that such a quotation does not violate any laws, the User Agreement or ethical principles. Logifix® operates as an administrator and is not involved in any trans¬actions between service providers and customers after having posted their advertise¬ments. Logifix® is neither an Auctioneer nor a Forwarding Agent and only provides the opportunity for members to find and contact each other. As a result, we do not control the quality, safety or legality of the advertisements, the truth or accuracy of the listings, the ability of sellers to sell freight services, or the ability of buyers to pay for the services. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer.
2. Contact among members
Logifix® members are able to contact other users through Logifix® web pages, by personal contact information (e.g. phone number, e-mail address, etc.) provided to Logifix®. Logifix® does not take responsibility for any content of information each user may disclose neither on announcement, additional note, nor by means of e-mail or other contact address another user has published on Logifix® ad tool.
3. Membership Eligibility
Our services are available only to, and may only be used by, individuals who can enter into legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) nor to temporarily or indefinitely suspended Logifix® members. If you are under the age of 18, you can use this service only in conjunction with and under the supervision of your parents or legal guardians. If you do not qualify, please do not use our website.
4. Data Protection
Your Logifix® account (including feedback) and user identification (ID) may not be trans¬ferred or sold to third parties (non-Logifix® Web page users). If you are registering as a business entity, you are effec¬tively representing that you have the legal authority to bind the entity to this agreement.
However, as a member you agree to receive e-mails from Logifix for any purpose (newsletter, info, change of user agreement, etc.). The member may revoke this consent at any time in writing to Logifix.
5. Fees and Services/Authenticity check
5.1 The use of Logifix® pages is free of charge pending further notice..
a) Restricted access
The entry, storage, management and modification of requests (advertising) as well as access to all websites that are freely available for non-registered users are charged with a yearly fee.
b) Full membership
Subject of full membership is the use in excess of the restricted services, in particular the entry, storage, management and modification of bids (bid ads) and the search for bid ads or search ads.
With the acquisition of a restricted or full membership, the member receives the rights to use the Logifix® software (user license).
5.2 Logifix reserves the right to impose or change any fees.
6. Amendments
We may amend this agreement at any time and without giving reasons by posting the amended terms on the website. All amended terms shall automatically be effective not later than two weeks after they are initially posted on the website and sent to you by e-mail. If the Logifix® member does not contest the amended terms within two weeks after receipt of the notification e-mail, the amended User Agreement shall be considered to have been accepted by the Logifix® member. This Agreement may not be otherwise amended except in written form and signed by the member and Logifix®. Services for promotional events may also be offered under special conditions set out and announced in our website.
7. Listing and Selling.
7.1 Listing Description. You must be legally able to either solicit or to provide the requested service adver¬tised on this website. The party soliciting the service must also describe the goods in their shipment on the listing page of the website. Their listings may only include text descriptions, graphics, pictures and other content relevant to describ¬ing the shipment.. All items in multiple item listings must be identical.
7.2 Fraud. Without limiting any other remedies, Logifix® may suspend or terminate a member’s account if we suspect that the member (by court judgement, legal settlement, criminal, insurance or financial investigation, or otherwise) has engaged in fraudulent activity in connection with the website.
7.3 Manipulation. Neither solicitors nor offering people may manipulate the price of any item, nor may they interfere with other user's listings or transactions.
8. Your Information.
8.1 Definition. "Your Information" is defined as any information you provide to us or to other users in the registration, solicitation or offer process, in any public message area or through any email feature. You are solely responsible for the accuracy and truthfulness of your information, and we only act as a passive conduit for the online distribution and advertisement of your information.
8.2 Contact Address. The information concerning your identification and address data, which is requested during the registration procedure, must be entered truthfully, completely and accurately. Your address must contain the street address and postal address code. Your phone number and e-mail address are both independent and core features of the registration information provided. Any change of your identifi¬cation and address data must be updated on your account at Logifix® within two weeks after the change has taken effect.
8.3 Password. Your password must be kept secret. Logifix® will neither forward your password to third persons nor request it from a member.
8.4 Restricted Activities. Your Information (or any items listed) and your activities on the website shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libel¬ous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any software viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (h) create liability for us or cause us to lose (in whole or in part) the whole or a part of our services.
8.5 Audit. Logifix® reserves the right to verify your information as necessary.
9. Access and Interference.
Much of the information on the website is updated on a real time basis and is proprietary or is licensed to Logifix® by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose (in our sole discretion) an unreason¬able or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the website without the prior expressed written permission of Logifix® and the appropriate third party, as applicable; (iii) interfere or attempt to inter¬fere with the proper functioning of the website or any activities conducted on the website; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the website.
10. Breach.
Without limiting other remedies, we may limit your activity, immediately remove your posting, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, and refuse to provide our services to you if: (a) you breach this agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information that you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or ourselves.
11. Privacy.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in Germany that are protected by physical as well as technological security devices and by the European Data Privacy Protection Law.
However, according to the intended purpose of the Logifix® platform the contact data of a registered member will be visible for other members by placing an ad. The contact information includes member name, company logo, slogan, registered address, e-mail address, telephone number, fax number, Skype contact and contact person.
Since membership is associated with a global market presence, above mentioned contact information are available from members all over the world as soon as an ad is published.
The user has the option to revoke the release of any or of all his contacts made by registration. In such a case the administrator should be contacted (see contact details at the top of this user agreement).
12. No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES PROVIDE OUR WEB WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
13. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE).
14. Indemnity.
You agree to indemnify and hold us and our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reason¬able attorneys' fees, made by any third party due to, or arising out of, your breach of this agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
15. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service to solicit or offer logistics services
16. No Agency.
You and Logifix® are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement. Furthermore, Logifix® is not a forwarding agent or similar business. Logifix® only provides you with the tools for advertising solicitations and offers for logistics services.
17. Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Logifix® at the address, which is giving at the top of this agreement (in the case of Logifix®), or in your case, to the email address you provided to Logifix® during the registration process. Notice shall be deemed to have been given one week after the email is sent, unless the sending party is notified that the email address is invalid and cannot be delivered. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address you provided to Logifix® during the registration process. In such case, notice shall be deemed to have been given upon receipt of the return receipt.
18. Court
Any Claim may be adjudicated by a court of competent jurisdiction located in Trier, Germany.
19. Additional Terms.
Each of these policies, including the Privacy Policy, may be changed from time to time and are effective two weeks after the changes are posted on the website. In addition, when using particular services on the website, you agree that you are subject to any posted policies or rules applicable to services you use through the website, which may be updated from time to time. All such posted policies or rules are hereby incorporated by reference into this agreement.
20. General.
This agreement shall be governed in all respects by German law. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the website may be interfered with by numerous factors outside of our control. If any provision of this agreement is held to be invalid or unenforceable, such provisions shall be struck and the remaining provisions shall be enforced. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of a section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This agreement sets forth the entire understanding and agreement between us with respect to the subject matter thereof.
21. Disputes.
Disputes between you and Logifix® regarding our services may be reported to Customer Support by emailing. You may also use this e-mail address to contact us for any further questions.
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