General Terms and Conditions (GTC)

1. scope of application

These General Terms and Conditions govern the use of the Cargoflow transportation software platform ("the platform") by transportation companies and their customers ("shippers"), as well as between transportation companies and Neptune Design GmbH.
By using the platform, transportation companies and shippers agree to these terms and conditions.

2. scope of services provided by the platform

The platform provides transportation companies with the technical infrastructure to manage shipments and offer shipping services.
The platform allows shippers to create shipments and assign them to appropriate transportation companies.
The platform offers transport companies and logistics warehouses the opportunity to invite their own customers, who order shipments at prices set by the transport company or logistics warehouse (the platform operator has no control over the terms), shippers can place their shipments on the market or have them shipped to a transport company.
In market auctions, the shipper decides the selling price, while in direct allocation the price is set by the transportation company.
Prices displayed on the platform with respect to a market or allocation function are binding prices. The platform is not responsible for the accuracy or adequacy of the prices. The carrier may charge additional fees for services it does not expect (e.g., waiting time, delivery of goods, etc.).
As for the market, the platform is only an intermediary between transport companies and shippers and is not responsible for the actual transport of shipments.
The platform operator does not take a margin for direct orders from private transport company customers.

3. disclaimer

The platform is not responsible for the transportation of shipments. Transportation companies are solely responsible for the implementation of transportation.
The platform is not responsible for loss, damage, delays or other problems associated with the transportation of shipments.
The platform is not responsible for payments between involved parties (carriers and shippers). It is the responsibility of the involved parties to make sure that the final payments meet the agreed terms.

4. impartiality, sublicensing, intellectual property rights

An online platform or software provides a user with access to the platform along with other users, without the right to special preference over other users.
Pursuant to this license agreement, you may not sublicense or transfer data or usage options obtained with the software to third parties, in particular, you may not use the software for your own IT-related property rights. The software and its source code are protected by copyright. The software remains the property of Neptune Design GmbH. It is possible that the software contains parts that are the intellectual property of third parties, with appropriate references, possibly via links. These parts are licensed to the user on the basis of license agreements or provisions of the respective third party. The user accepts the validity of these license agreements or provisions.
The user is not entitled to ongoing technical advice on the software, provision of updates or additional media; in particular, the user is not entitled to access the source code, reverse engineer, disassemble or modify the software. The user is prohibited from using the licensed software for further development of the software, creating modified versions or making copies for the benefit of third parties.

5. legal relationship between transport company and shipper

The contract for transporting shipments is formed exclusively between the transportation company and the shipper.

6. user account

To use the platform, you need to create a user account.
Carriers and shippers are responsible for the security of their account information.
The platform is not responsible for unauthorized access to user accounts.
The shipper is required to provide accurate, honest and complete information about the goods to be transported, the pickup location, the delivery location and all relevant information about access to these locations. This also includes the necessary contact information of the consignee or his representative to enable communication and notification of the delivery date.
The user is obliged to inform Neptune Design GmbH of any changes concerning his company relevant to the commercial or trade register as soon as the change is registered. This applies in particular to conversions, changes of address and departure or entry of authorized representatives registered in the commercial register.

7 Resignation

This user agreement is for an indefinite period of time. You may terminate this agreement at any time by deleting your user account, subject to a three-month notice period. However, this is not possible during the ongoing execution of transport orders.
The notice period is waived for valid reasons. These reasons are as follows:
Insolvency
Initiation of bankruptcy proceedings
Violation of the provisions of these regulations
In any case, the user receives all his data on a data carrier (Excel export, images of shipments, etc.).

8 Data protection

The platform undertakes to comply with applicable data protection laws.
The platform will only use personal data in accordance with applicable data protection guidelines.
Transportation companies and freight forwarders are responsible for complying with data protection regulations.
Upon written request, we will inform you what data we store about you (e.g., name, address).

9 Changes to the T&Cs

The Platform reserves the right to amend these T&Cs at any time.
Users will be notified of changes to the T&Cs in a timely manner.
Continued use of the platform after the amendments to the T&Cs is considered acceptance of the amended terms and conditions.

10. online platform

Under this agreement, the platform operator is required to provide 97% availability annually during business hours (weekdays from 6:00 a.m. to 8:00 p.m.). The period on Sundays between 0:00 a.m. and 5:00 a.m. is not explicitly considered working hours and is excluded from the calculation of 97% availability as a general platform maintenance window.
In addition, periods during which the servers used by the operator are unavailable due to technical or other circumstances beyond the operator's control are excluded from availability. Periods during which the operator performs unscheduled maintenance on servers that are necessary to maintain the contracted service and during which disruptions to access may be unavoidable according to the current state of knowledge are also excluded from availability.
You are entitled to make changes to your products as part of the further development and optimization of your products, provided that this does not reduce the essential performance features.

11. responsibilities of the principal

When placing an order, the customer is required to provide the carrier with the exact address of the consignee (including contact information), the place of delivery (including contact information), and any special local features (if restrictions apply).
The principal is obliged to inform the carrier of the special nature and vulnerability of the transported goods to damage. He must ensure that the transported goods are properly packed.
The customer is responsible for ensuring that transport work, loading and unloading, can begin at the agreed time or immediately upon arrival of transport vehicles.
Unless otherwise agreed, the principal is responsible for obtaining all documents, permits and barriers required for transportation.
The principal is obliged to declare the transported goods truthfully and is fully liable to the carrier and all other authorities. The Principal is responsible for obtaining the necessary documents and guarantees their accuracy. The ordering party shall be responsible for any consequences resulting from the absence, late delivery, incompleteness or inaccuracy of these documents. He shall be responsible to the carrier for all costs arising from the handling of the transported goods. Additional costs not agreed upon will be invoiced according to the information provided by the principal.
The ordering party shall bear all expenses and additional costs incurred as a result of late receipt of transport goods by the ordering party.

12 Final provisions

These T&Cs are governed by Polish law.
The exclusive place of jurisdiction for disputes arising out of or in connection with these GTC shall be the court having jurisdiction over the registered office of Neptun Design GmbH. Neptun Design GmbH has the right to take legal action against the customer in the court having jurisdiction over the customer's place of residence or registered office or in any other competent court.
If individual provisions of these GTCs are or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that comes closest to the economic purpose of the invalid or unenforceable provision.
These GTC constitute the entire agreement between the Platform, Carriers and Shippers and supersede any prior oral or written agreements or understandings.
Changes or additions to these GTCs must be made in writing. This also applies to the cancellation or amendment of the clause itself in writing.