(1) Schenker AG, Kruppstrasse 4, 45128 Essen, Germany is the provider of the Connect2Drive application (hereinafter referred to as the "Application").
(2) Carriers and their employees (hereinafter referred to as "Contractors") can register for the Application pursuant to Clause 3. By accepting these Terms of Use, the Contractor confirms that it is registered as an entrepreneur and is not a consumer within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch, "BGB"). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly unrelated to the consumer's commercial or self-employed activities. The Contractor also confirms that it is applying for registration in the exercise of its commercial or self-employed activities.
(3) Subsidiaries or affiliates of Schenker AG (hereinafter referred to as "Clients") may use the Application to provide information to registered Contractors for the execution of transport orders and instruct the Contractors to use the Application for the execution of transport orders.
(1) These Terms of Use exclusively govern the provisions for use of the Application. The law applicable to the respective transport contract as well as the applicable transport conditions shall be determined by the provisions of the respective individual transport contract between a registered Contractor and Client. Schenker AG shall not be subject to any rights or obligations whatsoever with regard to the contracts concluded between the Client and the Contractor.
(2) Schenker AG reserves the right to modify or supplement these Terms of Use at the beginning of any month. Schenker AG shall inform registered Contractors and Clients of the change by way of express notice contained in an e-mail. Contractors and Clients shall be deemed to have consented to the changed conditions if they do not object to them without delay, at the latest within one month of receipt of the e-mail. If the Contractor or Client objects within the one-month time limit, Schenker AG shall be entitled to exclude the Contractor or Client from continued use of the Application.
(3) Where these Terms of Use refer to persons (e.g. Contractor / employee / Client), the designation is intended to be gender neutral.
(1) Only entrepreneurs within the meaning of Section 14 (1) of the BGB shall be permitted to register as a Contractor. The carrier shall not be entitled to confirmation of its registration, i.e. activation of the Application for use.
(2) Before it can use the Application, the Contractor must register. The Contractor shall use the platform provided by Connect2Drive for registration and must provide information that is truthful and complete. The Contractor shall upload any requested documents and certificates.
(1) Schenker AG shall make the Application available free of charge to registered Contractors and to Clients. The proper registration of the Contractor is a condition for use of the Application.
(2) Availability of the Application shall exclude times when the servers used by Schenker AG cannot be accessed for technical or other reasons beyond the control of Schenker AG or if Schenker AG is carrying out maintenance work on the servers that is necessary for provision of the Application, during which failures and interruption of access may be unavoidable according to the state of the art. Schenker AG shall take reasonable account of the legitimate interests of Contractors and Clients.
(3) The selection, procurement and deployment of the necessary hardware and software and data links for use of the Application shall be carried out exclusively by the Contractor and Client and at their own risk and expense. The Contractor's obligation to select and procure the hardware is excluded in cases where the Client provides the Contractor with suitable hardware.
(4) Schenker AG shall be entitled to further develop and optimize the Application. This may result in modifications to the Application.
(5) The contract text of concluded transport contracts is not permanently stored by the Application itself and is therefore not accessible to the Contractor and Client in the Application itself.
(1) The Contractor shall not be entitled to procure third-party access to the Application and/or the direct or indirect ability to use it, nor shall it be permitted to share the data or potential uses offered by the software with third parties.
(2) The Contractor and Client shall not be permitted to transfer the registration to a third party.
(3) If the Contractor makes use of third parties for the execution of the respective transport contract, the Contractor shall ensure that the requirements and conditions required by the respective Client for the performance of the service are also fulfilled by the third party. In the event of violation, the Contractor shall be liable to the Client for all damages, expenses and claims under public law and shall indemnify the Client against these. The agreements of the respective transport contract shall not be affected.
(4) The Contractor and Client shall be liable to Schenker AG for any damages arising from unauthorized use of the Application, unless they are not responsible for the improper use.
(5) Contractors and Clients shall notify Schenker AG without delay of any third-party use that comes to their attention and violates these Terms of Use, and of any alleged third-party rights.
(6) The software and its source code are protected by copyright. The software may contain codes that are the property of third parties along with references thereto, possibly by way of a link. These codes are licensed to the Contractor under license agreements or provisions issued by the relevant third party. The Contractor shall accept the validity of these license agreements or provisions.
(1) Schenker AG shall not be liable for damages that the Contractor and Client cause to each other, whether as a result of the loss or defective transfer of data or in any other manner. Furthermore, Schenker AG shall not be liable for malicious software or program codes (viruses, Trojan horses, worms etc.) that are transferred onto the user platform by Contractors or Clients or that are transmitted in their offer attachments or specifications and spread from these. Contractors and Clients shall be directly liable to Schenker AG in the event of the transmission of harmful software and shall indemnify Schenker AG against any third-party claims arising therefrom.
(2) The risk of non-transmission or false transmission of data shall pass to the Contractor as soon as the data leaves the Schenker AG's and/or the Client's sphere of influence regarding IT.
(3)Liability on the part of Schenker AG shall be excluded. This shall not apply to damages that
(1) Following registration, the usage agreement shall run for an indefinite period. The right to termination without notice for cause shall remain unaffected.
(2) Subject to a notice period of four weeks, Schenker AG shall be entitled to transfer its rights and obligations arising from the use of the Application to a third party in whole or in part.
(3) Schenker AG shall be entitled to terminate the Application subject to one month's notice to the end of the month. It shall notify the registered Contractors and Clients of the termination, by e-mail.
(4) Schenker AG shall be entitled to exclude, i.e. to block, a Contractor or Client from using the Application with immediate effect for good cause, particularly insofar as the Contractor or Client
(1) Use of the Application is subject to German law. The United Nations Convention on Contracts for the International Sale of Goods is excluded. Essen is agreed as the place of jurisdiction for all legal disputes unless another place of jurisdiction is mandatory under the law. For legal disputes arising from concluded transport contracts, the law of the respectively agreed transport conditions as well as the provision regarding the place of jurisdiction agreed therein shall apply.
(2) Schenker AG, Contractors and Clients shall undertake to observe the relevant provisions of the applicable data privacy legislation and, as part of compliance with the contract, to safeguard data that has been collected and stored relating to the other contracting party against access by unauthorized third parties and to use it for the purpose of contractual performance. Schenker AG also reserves the right to use the stored data for the purpose of improving the Application.
(3) Where Schenker AG provides Contractors or Clients with translations of these Terms of Use or parts of these Terms of Use, the German version shall have precedence and remain legally binding in the event that the relevant translation contains inconsistencies or divergences from the German version.
(4) Where individual provisions of these Terms of Use are or become invalid, in whole or in part, this shall not affect the validity of the remaining provisions.
(5) Schenker AG adheres to the following code of conduct:
DB Code of Conduct for Business Partners (https://www.deutschebahn.com/en/group/compliance/geschaeftspartner/verhaltenskodex-1212586)