Content-Headline: Legal notice

Terms and Conditions

Effective as of: October 2012

Content: Legal notice

Content: Terms and Conditions

 

This website ("Website") is controlled by and/or maintained by EgeTrans and/or one or more of its subsidiaries or affiliates (individually and collectively, "EgeTrans", "we", "us" or "our"). By accessing or using this Website, you and, if applicable, the entity that you are representing ("you" or "your") agree that you have read, understood, and agreed to be bound by the following terms and conditions and any amendments, restatements or modifications thereto (the "Terms and Conditions") and the Privacy Policy (as referred to below and is made a part of the Terms and Conditions). You also affirm that you are over the age of legal majority who can form legally binding agreements under applicable law, and that you are fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and Conditions, and to abide by and comply with the Terms and Conditions.

Please read and review the Terms and Conditions carefully from time to time to ensure that you agree with current Terms and Conditions, as we may amend the Terms and Conditions without notice. The effective date of the Terms and Conditions is set forth above. Any amendments, restatements or modifications to the Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on this Website. If you object to any such changes, your sole recourse will be to cease using this Website. Please note that there may be additional terms and conditions provided throughout this Website that govern your use of certain features of this Website. By accessing and using such features, you also agree to be bound by such additional terms and conditions.

The Terms and Conditions and Privacy Policy must not be confused with our General Terms and Conditions of service, a copy of which can be found below.

 

General Terms and Conditions

EgeTrans USA:

 

EgeTrans Marbach: 


Proprietary rights

All materials on this Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, audio clips, software and other elements making up this Website (collectively, the "Content") are protected by copyrights and other intellectual property rights owned and controlled by us, by our affiliates, or by other third parties that have licensed or otherwise provided their material to us. All of such intellectual property rights are the sole property of EgeTrans, its affiliates or third parties and, except as expressly provided herein, EgeTrans does not grant to you any express or implied rights to the Content. Except as specifically provided herein or elsewhere on this Website, you may not copy, reproduce, republish, modify, download, create derivative works from, upload, post, transmit, lease or distribute in any way, or otherwise use for any purpose, the Content, without the express written permission of EgeTrans and any appropriate third party. You may not add, delete, distort or otherwise modify the Content. Any attempt to modify the Content, to defeat or circumvent this Website's security features, or to use any feature of this Website for any purpose other than its intended purpose is strictly prohibited. EgeTrans grants to you a limited, personal, non-exclusive, non-transferable, non-assignable and revocable license to use, display and listen to this Website and the Content in the manner presented by EgeTrans. Except for this limited license, by permitting you to access and use this Website, EgeTrans does not convey any interest in or to the Content, applications, software, services, information or data available via this Website or any other property of EgeTrans.

Certain terms of use of this website

By accessing and using this Website, you agree that:
(a) you will not post to or transmit through this Website any material that would violate or infringe in any way upon the rights of others, including but not limited to any threatening, harmful, defamatory, obscene or pornographic material; material that is fraudulent or contains false, deceptive, or misleading statements, claims, or representations; or any material that violates federal or local law or regulation, or would give rise to civil or criminal liability; (b) you will not use this Website to post, upload, or otherwise make available any material protected by a proprietary right, including but not limited to copyright and/or trademark or other third party right without express written permission of the owner of such right; (c) you will not use in a manner that (1) violates the terms of the Terms and Conditions, the terms of any applicable agreement with EgeTrans, or any other EgeTrans policy applicable through the Terms and Conditions; or (2) that interferes with or adversely affects the operation of this Site or the hardware, software, networks, systems, technology, and facilities upon and within which it operates (the "Infrastructure"); and you will cooperate with EgeTrans in investigating and correcting any apparent breach of the Terms and Conditions; (d) you may not frame or use framing technique to enclose this Website or any portion or aspect thereof, without the express written consent of EgeTrans; and (e) you will be solely responsible for any material that you maintain, transmit, download, view, post, distribute or otherwise access or make available using this Website or the Infrastructure. If EgeTrans becomes aware of any activity engaged in by you that may violate the Terms and Conditions and/or expose EgeTrans to civil or criminal liability, EgeTrans reserves the right to investigate such material, block access to such material and suspend or terminate any features of this Website without liability. EgeTrans further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of the Terms and Conditions, including disclosing your identity if EgeTrans believes you are responsible for such violation. EgeTrans also reserves the right to implement technical mechanisms to prevent violations of the Terms and Conditions. Nothing in the Terms and Conditions will limit in any way EgeTrans's rights and remedies at law or in equity that may otherwise be available.

Access to ET Connect

Your use and access of the EgeTrans computer and network services offered within this Website to provide measurement, analysis, reporting and status of individual goods and shipments (“ET Connect") and the information or data available via ET Connect are subject to the following terms:
(a) you may only use ET Connect and the Information derived therefrom, including, without limitation, the tracking functionality included therein, in connection with shipments tendered to or by you or on your behalf and for no other purpose; (b) ET Connect and the Information available via ET Connect are the property of EgeTrans. You may not make any Information available on any website or otherwise reproduce, distribute, copy, store, use or sell the Information for commercial purposes without the express written consent of EgeTrans; and (c) you will not use any automated inquiry devices, robots, or repetitive data gathering and extraction tools, scripts or other mechanisms with similar functionality in connection with the ET Connect.

Submissions

We do not accept notes, postings, ideas, suggestions, concepts or other materials submitted through this Website ("Submissions"). If such Submissions are received, you acknowledge and agree that (a) they will not be considered confidential or proprietary, (b) neither we nor any of our affiliates are under any obligation to keep such information confidential, and (c) we will have any unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Submissions in any manner we choose.

Linked sites

This Website may contain links to other websites that are not controlled or maintained by EgeTrans, e.g., Customs, Facebook, etc. You agree that we will not be responsible for the content, advertising, privacy policies, products, services, or other materials on or available from such linked websites. Use of linked websites is at your own risk. Such linked websites are subject to the terms of use and policies posted on those sites, which we encourage you to read when you leave this Website.

Indemnification

You agree to defend, indemnify and hold EgeTrans, and its subsidiaries, partners, agents, affiliates, licensors and advertisers and their respective officers, directors, shareholders, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from your breach of your agreements under the Terms and Conditions.

Severability and Limitations

If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and it will not impact any other provision of the Terms and Conditions, all of which will remain in full force and effect. Any cause of action with respect to this website or the terms and conditions must be instituted within one year after the claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.

 

Content: Privacy Policity at EgeTrans

Text: AGB

Data Security

The protection of your personal data and your privacy is a very important issue for EgeTrans.Therefore compliance with the terms and regulations of the German Bundesdatenschutzgesetz (BDSG) is a matter of course for us. The intention of this regulation is to protect you against other individuals using your individual-related data and compromising your personal rights. Of course you can disagree with us using your data, in case these are not essential for processing of a contractual relationship or share-ownership ratio. To notify us of your disagreement, you just need to write an e-mail to datenschutz@egetrans.com. You will receive a confirmation back on the same communication channel once the disagreement is integrated in our system. In accordance with §4 (f) BDSG EgeTrans Internationale Spedition GmbH appointed an external data security delegate. Please do not hesitate to contact our data security delegate for any further information.


Contact:
Phone: +49 7144 / 995-0
E-mail: datenschutz@egetrans.com


EgeTrans is committed to preserving the privacy of users of our website. For the purpose of keeping statistics of the users visiting our page, we use the open source software Piwik (http://piwik.org/). The Piwik software complies with the German data security regulations and other internet privacy regulations in force in the jurisdictions where our offices are located.
Any information about you that we collect with your express consent, wherever asked, or through your acceptance of our Terms and Conditions, is used merely to improve the services we offer to you, as well as to make our website's content and services easier to use and more appropriate to you.

Content: Privacy Policy at EgeTrans

Certain areas of the EgeTrans websites require registration or a password for access, e.g., ET Connect©. Information obtained from users of these areas may also be used for EGETRANS’s marketing purposes. EgeTrans provides a right of access and rectification of personal data under the applicable legislation. Certain shipment data will be provided to the authorities of the country of transit or destination for Customs and tax clearance or for security screening, as required by the laws of such country. The information provided would usually include: shipper name and address, consignee name and address, description of the goods, number of pieces, weight and value of shipment.The following data will be collected using our service tool, ET Connect, during the login/time of user: (1) request of service In Transit Report or Open Order Report; (2) use of e-mail option; (3) use of report download option (Adobe Acrobat or MS Excel). The collection of data only serves the purpose of supervising misuse and to improve the service ET Connect. The data will be erased after the legal data retention period has ended. Only when so stipulated by legal regulations or when you have previously granted your approval and have not revoked it or objected to it do we also use this data for product-related surveys and marketing purposes. EGETRANS does not share, sell, transfer or otherwise disseminate your personal data to third parties and will not do so in future, unless required by law, unless required for the purpose of the contract, or unless you have given express consent to that end, e.g., it be necessary that we pass on your address and order information to our contractors to fulfill your order. EgeTrans reserves the right to change its privacy policy at any time without prior notice. Please check back frequently to be informed of any changes. By using this website you agree to this Privacy Policy.

Termination

In our sole discretion and without prior notice or liability, we may restrict, suspend or terminate your right to use this Website. You agree that any restriction, suspension or termination of your access to, or use of, this Website may be effected without prior notice. If you do not abide by the provisions of the Terms and Conditions, except as we may otherwise provide from time to time in writing, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or this Website. Further, you agree that we will not be liable to you or any third-party for any termination or cancellation of your access to, or use of, this Website.

Disclaimer of warranties

This website and all content and services included on or available through this website are provided "as is" and "as available" for your use. You agree that your use of our site is at your sole risk. EgeTrans and its subsidiaries, partners, agents, affiliates, licensors and advertisers expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. EgeTrans, its affiliates, licensors or suppliers make no representations or warranties: (i) that use of our site or any content herein (including any software) will be uninterrupted, timely, accurate, secure or error free; (ii) that our site will be available at any particular time or location; (iii) that any errors on our site will be corrected; or (iv) that the servers on which our site and content are available are free of viruses or other harmful components. Some jurisdictions do not permit limitations on implied warranties. Therefore, the above disclaimer of warranties may not apply to you. In such jurisdictions, EgeTrans's warranties are excluded to the greatest extent permitted by law. You acknowledge and agree that the limitations and exclusions of liability and warranty provided in the terms and conditions are fair and reasonable

Limitation of liability

Under no circumstances will EgeTrans, or its subsidiaries, partners, agents, affiliates, licensors and advertisers be liable for any direct, indirect, incidental, consequential, special or exemplary damages (even if such party has been advised of the possibility of such damages), including, without limitation, any lost profits, revenue, or business interruption, or loss of computer programs or information arising from (i) your use of or inability to use this website, or (ii) content and/or services included on or available through this website. To the extent permitted by law, the remedies stated for you in these terms of use are exclusive and are limited to those expressly provided for in these terms of use.
Some jurisdictions do not permit limitations of liability. Therefore, some of the above limitations may not apply to you. In such jurisdictions, EgeTrans's liability is limited to the greatest extent permitted by law.

Compliance with law

Your use of this Website will at all times comply with all applicable laws, rulings and regulations and will not cause EgeTrans to be in violation of any laws, rulings or regulations applicable to EgeTrans.
Certain jurisdictions control the import and export of products and information. You agree to comply with all such applicable restrictions and not to import, export or re-export the Content to countries or persons prohibited under applicable export control laws or regulations. If you access and download the Content or Information, you represent that you are not in a jurisdiction where such export is prohibited. You are solely responsible for compliance with laws of your jurisdiction and any other applicable laws regarding the import, export or re-export of the Content.

Miscellaneous

Except as expressly provided in a separate written agreement between you and EgeTrans, the Terms and Conditions, together with any additional terms to which you agree when using particular features of this Website, constitute the entire agreement between you and EgeTrans with respect to your use of this Website, ET Connect, the Content and any other software, service, information or data contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter thereof.
You may not assign the Terms and Conditions or any of your rights, interests or obligations under the Terms and Conditions.
No waiver of any of the Terms and Conditions will be deemed a further or continuing waiver of such term or condition or any other term or condition.
You may preserve the Terms and Conditions in written form by printing them for your records, and you waive any other requirement that the Terms and Conditions be evidenced by a written document

Contact information

If you have questions or comments about the Terms and Conditions or the Website, you can contact us by phone, mail or email as described in the Imprint of the Website.