This offer appeals exclusively to entrepreneurs according to Sect. 14 German Civil Code (BGB).
1. Description of service and conclusion of contract
1.1.1. The provider provides the user online access to the online platform “Forto” (“Online Platform”) operated by the provider free of charge and limited in time to the extent of the terms of the contract.
1.1.2. The online platform enables users to initiate, conclude, process and administrate chargeable contracts with the provider on the shipment of goods and other logistics services.
1.1.3. The contract is concluded when the user has completely filled in the registration form offered by the provider, clicked on the button „Register“ and the provider con-firms the registration to the user by declaration via email.
1.2. Obligations of the provider
1.2.1. The provider offers the user access to the online platform free of charge as described in section 1 during the term of this contract.
1.2.2. The provider is entitled but not obliged to extend the scope of services at any point of time. The provider reserves the right to limit individual functions temporarily or permanently, when this is technically necessary or the conducted changes are only minor. Non-minor changes will be announced in good time prior to their application by the provider to the user if there are no compelling technical or legal reasons to the contrary. If the provider offers additional functions free of charge after the conclusion of the contract, the provider is entitled to discontinue these functions at any time without prior notification.
1.2.3. The provider is committed to make the online platform available as reliably as possible. However, access to the online platform may be restricted temporarily due to technical problems, maintenance or other reasons. Permanent availability can therefore not be guaranteed by the provider.
1.3. Obligations of the user
1.3.1. The user is responsible for maintaining the confidentiality and security of his access credentials and in particular has to keep his access password secret, will not share it and will neither allow nor tolerate the use of it by third parties and will furthermore take the required steps to guarantee confidentiality, e.g. through the choice of a se-cure password consisting of numbers, letters and special characters which shall be frequently changed by the user.
1.3.2. In case of an abuse or the suspicion of an abuse of the user’s account, respectively, or when losing the password, the user is obliged to immediately inform the provider in text form.
1.3.3. The user is obliged to take the necessary and reasonable precautions to frequently and risk-pertinently secure the data and contents entered, uploaded and saved by him and to create his own back-up copies to ensure, in case of loss of data and in-formation, the reconstruction of those.
1.3.4. It is forbidden to the user, to make attack attempts on the functionality of the online platform, such as hacking attempts, brute force attacks or the circumvention of security measures.
1.4.1. If a user uploads contents to the online platform or makes them available to the provider in any way, through the provision of contents, the user grants the provider a single, non-exclusive, worldwide and perpetual right to use the contents for the performance of the providers´ services, in particular to permanently or temporarily copy them, edit them and make them accessible to third parties, as long as this is required for the fulfillment of the contract or the proper operation of the online-platform and the company of the provider. The user also grants the provider the right to pro-vide third parties the rights necessary to properly operate the service.
1.4.2. The user is obliged to properly ensure that he is the legitimate owner of the user rights for the contents he shares prior to making them accessible to the provider.
1.5. Warranty and liability
1.5.1. Regarding the free provision of the online platform, the provider is only liable for in-tent and gross negligence.
1.5.2. The provider is only liable for material defects or defects of title, if this error has been fraudulently concealed.
1.6. Termination and suspension
1.6.1. Both parties may terminate the agreement at any time through a statement via email within a period of 2 weeks.
1.6.2. If the user has concluded contracts on the shipment of goods or other logistics services with the help of the online platform, the termination is only effective when these contracts are fully completed.
1.6.4. The rights granted under section 4 are not affected by the termination. In particular, the seller is authorized to retain all of the content, input and customer data for archival purposes.
1.8.2. All alterations made to these terms and conditions, subject to 7, require written form. This also applies to the alteration of this clause.
1.8.3. The law of the Federal Republic of Germany shall apply under the explicit exclusion of its collision and the UN sales law (CISG).
1.8.4. The exclusive venue for any disputes resulting from or in connection with this con-tract is Berlin, provided that the user is an entrepreneur or has no general place of jurisdiction in Germany or in another EU Member State, moves his permanent place of residence abroad after present Terms have come into effect or his domicile or habitual residence is unknown at the time the complaint is filed.
Last updated: 01. December 2016