General Terms and Conditions of Use poolynk GmbH
By using poolynk, you consent to these Terms and Conditions of Use. Please read them carefully.
Description of Services.
poolynk GmbH, Griessemer Strasse 3, 31812 Bad Pyrmont, Germany (hereinafter referred to as "poolynk") is a company which designs, develops and operates a web-based load carrier management system, which provides its customers a global platform with which to manage load carrier inventory and movements (such as pallets).
The platform consists of a web application and apps that communicate with it for use on mobile end devices with Android or iOS operating systems. The corresponding system requirements are explained in more detail on the website or in the relevant app store.
The poolynk offer to use of the platform is intended exclusively for companies, which is why upon submitting the offer to complete a User Agreement, the user must expressly confirm that he is under no circumstances a consumer as defined under Section 13 BGB [Bürgerliches Gesetzbuch; German Civil Code].
The platform operator is poolynk, which offers the individual users the option to conduct transactions amongst each other. poolynk is not a part of the delivery chain of the users, however it plays a neutral role in a fair presentation without pursuing its own interests.
poolynk does not assume an legal responsibility or any obligation under tax law that arise or might arise in the future as a result of each of the users trading load carriers amongst each other. Therefore, contract fulfillment between the users is the exclusive responsibility of said users.
II. Registering a User
Every user is required to set up an account. Use of poolynk is only permitted to fully competent, natural persons, legal entities and partnerships. Only an authorized natural person may register a legal entity.
The natural person registering on behalf of the legal entity must provide his full name.
The user assures that the personal data he has entered is correct. After the user has registered he will receive an initial password, which must be changed immediately - for his own security as well. The user must promptly correct any data provided as a result of any changes, especially after concluding the User Agreement. The user agrees to keep his password secret and does not have the right to share the password with any third party.
Should the user suspect misuse of user access, the user must notify poolynk of his suspicions immediately.
With the initial registration on the platform (web platform or app) and the associated transfer of necessary data, the user will have given his legal consent to conclude a User Agreement. poolynk may then accept this agreement offer by approving the user, whereas the user waives the right to access this declaration of acceptance. The User Agreement shall take effect once user access has been activated. Within a short period of time, poolynk shall send the user a confirmation via the specified e-mail address with the content stating that the connection has been activated and that the software system is immediately available for use. The user shall not be entitled to immediate activation. In the event that the User Agreement is declined, poolynk shall make every effort to make the user aware that it was in fact declined. In order to complete the User Agreement, the user will be required to acknowledges that these Terms and Conditions of Use are incorporated in the User Agreement. This is done by placing the check mark in the required area on the registration page.
poolynk shall not verify whether the user has the technical requirements that will allow use of the platform. Each user is responsible for verifying this on their own.
III. Term and Costs
The User Agreement shall be concluded for an indefinite period of time.
The transactions arising from use are subject to a fee per transaction and load carrier, whereas the applicable fees can be viewed on the website. No fees are charged by poolynk for downloading and installing the app or the use of mobile end devices or for registration.
To use poolynk, the user is required to open an account with an online payment service that poolynk collaborates with (e.g. PayPal). The transaction fees to be paid are summed up for each load carrier at the end of the month and compiled in a monthly invoice, a payment demand for which is issued by the payment service by the third workday of the following month.
This demand must be confirmed by the 15th of the month in which the payment demand was sent, which will trigger a payment from the user's account to poolynk through the online payment service.
In the event that the payment demand is not confirmed in due time, the user's account with poolynk shall be blocked at the very latest on the third workday after expiration of this deadline. As soon as the user has confirmed the payment demand, the block shall be released forthwith, thus allowing further use of poolynk.
The payment method is a fundamental factor in order for the keep the fee structure as cost effective as possible for all subscribers and is as such a mandatory part of the poolynk process.
poolynk shall never request or exchange information about the bank account details or access data to the online payment service.
IV. Rights, Duties and Obligations of poolynk
poolynk provides a platform for load carrier management via www.poolynk.com and apps communicating with it, which requires users to register and to accept the associated agreement on user terms and conditions. poolynk shall apply all technical possibilities that are required and/or that will facilitate use of the platform. The platform shall also continuously be adjusted and further developed in order to be able to quickly respond to the user's changing requirements or to any legal requirements. Any necessary approvals in this respect, such as any that relate to data privacy, shall be granted by the user in advance upon entering into the agreement. poolynk agrees to observe all laws that apply to the use of each required technical program, and especially as pertains to the (personal) data collected with the aid of such programs, it ensures that such data shall be used exclusively for the intended and contractually agreed upon operation of the platform.
poolynk shall not assume any guarantee relating to the availability and accessibility of the platform and shall have the right to expand or technically adjust the scope of functions of the platform, or to modify the layout, including those of the app provided, at any time without prior notification.
For technical reasons, poolynk is unable to guarantee that the platform can be used continuously, however it shall make every effort to ensure availability consistent with the state of technology. Temporary restrictions may arise as a result of technical malfunctions, for example because of software and hardware failures or due to any necessary system maintenance. The user shall be notified of any scheduled maintenance work and the resulting unavailability of the platform in due time.
Beyond such stated above, poolynk shall have no further obligations.
poolynk shall have the right to use the user's logo for advertising purposes in connection with the load carrier management system, in particular for reference purposes. It shall refrain form use thereof otherwise. The user may rescind this authorization at any time by sending an e-mail to firstname.lastname@example.org .
V. Rights of the User
Once the registration process is completed, the user shall have the right to full use of the web application and the corresponding apps to document load carrier transactions.
VI. Conducting Transactions via the Platform
The purpose of the platform is to allow the users to document amonst each other the transfer and to accept load carriers.
using the app designed for use on mobile end devices, at the site of the transaction.
Within the scope of this documentation, each relevant contractual partner acknowledges vis-a-vis each partner on the platform that the relevant transaction has been processed. If the partner in the transaction is not a poolynk user, a one-time transaction is allowed.
The corresponding user, whose acknowledgment has yet to be received, shall be informed accordingly within the scope of platform use. The increasing volume of transactions as a result provides an overview of the reciprocal load carrier receivables and payables amongst the users. Errors can be corrected using a menu item in the web application and the app at any time.
poolynk shall not be a party of such transactions and shall as such shall not establish or assume any load carrier receivables or payables.
VII. Termination and/or Deletion of a User Account
The user may terminate the User Agreement at any time with immediate effect. As a consequence, the user shall as of this point in time no longer have access to the platform, the data of the already conducted transactions and the receivables/payables that have been incurred up until then. However, no more fees shall be generated either.
poolynk shall have the right to immediately exclude a user from using the platform who is in violation of the terms and conditions of use, has repeatedly violated the rights of third parties or who is in default of his payment obligations arising from the User Agreement. The user shall be notified accordingly by poolynk and shall be given the opportunity to comment. During the deadline to comment, the user's subscription to the platform shall be suspended, i.e. the user shall not be able to document any transactions, however the account shall not be deleted. Upon expiration of the deadline or after receipt of the comment, it shall be at poolynk's discretion whether the user shall be allowed continued use.
Upon termination by either poolynk or by the user, access shall be denied and the user account shall be deleted after a 12 week period. Any transactions already documented shall remain in the database and shall be available in the user's history upon registering again in the future.
poolynk shall inform the user via e-mail immediately after the account has been closed.
If platform operation is completely discontinued, the contractual relationship between the user and poolynk shall end automatically upon discontinuation of the software system, whereby the user shall have no right of recourse. What will happen to the data? poolynk shall be required to notify the user about the decision to discontinue the software system four weeks in advance.
VIII. Declaration of Liability
poolynk shall not assume any guarantee that the software system will be technically available at all times. There shall also be no assumption of liability for unauthorized access to the user's personal data by third parties. poolynk must rely on the fact that when the user's data is transferred to other users that all data has been entered correctly by the user. The data shall not be verified, which is why no liability will be assumed for the accuracy of said data. Every user is personally responsible for adhering to the legal regulations, in particular to tax regulations, as concerns each of the transactions.
Irrespective of the legal basis, poolynk shall only be liable for damages in the event of deliberate intent or gross negligence.
For simple negligence, poolynk shall only be liable for damages claimed due to the injury to life, limb or health and for damages due to a violation of a fundamental contractual obligation (an obligation, the fulfillment of which makes proper execution of the agreement possible in the first place and compliance of which the user can generally trust in and rely on). However, in this case, poolynk's liability shall be limited to compensation for foreseeable and typically occurring damage.
The aforementioned limits to liability shall not apply in case of existing warranties or within the scope of the German Product Liability Act.
IX. Indemnification Obligations
Upon first request, the user shall indemnify poolynk of any claims by third parties, in particular those of its customers, which may assert such claims against poolynk and which are the result of any wrongdoing by the user with regard to the user's contractual relationship with said third party.
The user shall hold poolynk harmless with regard to any expenses, obligations or costs arising by virtue of the use of the platform that result in a violation against the rights of an individual, intellectual property rights or any other rights of third parties that fall back on the actions of the user. This shall also apply to any defense against such claims asserted, whereas poolynk may also take action its own defense.
X. Data Protection
By transmitting data, the user consents to the use of said data in compliance with the agreement. The user is aware that the data he enters must be forwarded to other users in order to fulfill the purpose of the agreement. For technical reasons, it is not possible to limit which data can be forwarded on the platform, and as such the user's consent to the use of said data shall pertain to the set of data as a whole. However, this shall exclude forwarding any data which were merely provided to satisfy the payment obligation.
The data of other users that the user becomes aware of as a result of utilizing the software system must only be used by the user for the purpose of the intended services.
In particular, the user shall be prohibited from forwarding such data to any third party or from making use of such for advertising purposes.
Moreover, the poolynk Privacy Statement, which is stored in the web application and on the apps, is deemed an integral part of this User Agreement.
XI. Rights to the Platform
poolynk shall reserve all rights to the poolynk platform as well as to any published content therein. Any reproduction or use otherwise shall only be allowed with the prior written consent of poolynk.
By concluding the User Agreement, the user shall not acquire any right to the load carrier management system developed by poolynk or to the poolynk platform (web application and apps communicating with it).
The user shall only have the right to utilize the software system within the contractually agreed upon scope. Moreover, the user shall also not have the right to use the identifiers used by poolynk even if they are identified as such.
XII. Changes to the Terms and Conditions of Use
poolynk shall reserve the right to make changes to the poolynk platform (web application and apps communicating wit it) and to the terms, including to these Terms and Conditions of Use, at any time. Use shall be subject to the User Agreements, which shall go into effect at the time when the users make use of the platform.
XIII. Final Provisions
Should individual provisions within this User Agreement be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the parties with an effective one, which is closest in meaning to the economic purpose of the invalid provision. The same shall apply to any loopholes in the agreement.
The laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on the International Sale of Goods (CISG) and any other international provisions shall apply to the entire business relationship between the user and poolynk.
The place of jurisdiction for all disputes arising from and in connection with this business relationship shall be the registered office of poolynk GmbH.