Terms & Conditions for the use of the TiMMi Transport service portal

*Note that German law applies to the operations of TiMMi Transport GmbH and this translation of the Terms & Conditions from German is provided for informational purposes only. Only the German wording is legally binding.*

1. APPLICABILITY

1. TiMMi Transport GmbH provides the internet portal TiMMi Transport GmbH for the purpose of making private transportation arrangements as well as other errand jobs. The respective contracts for transportation or other services are made directly between the users themselves. As the platform provider, TiMMi Transport GmbH does not offer any transportation service and is therefore, not party to any contracts between the users. TiMMi Transport GmbH is also not a representative of the users and will not act as a representative of their interests.

2. These terms and conditions in their up-to-date form apply directly to all forms of relationships between TiMMi Transport GmbH and the users of the service portal TiMMi Transport GmbH. They apply as soon as a user opens the portal, irrespective of the intentions of a user’s visit. Services performed by TiMMi Transport GmbH and/or the service portal TiMMi Transport GmbH can be expanded based on an additional, separate agreement.

3. Other terms and conditions which users may have are explicitly not recognised unless TiMMi Transport GmbH expressly commits to these conditions in writing.

2. CONTENT OF THE USER CONTRACT

1. TiMMi Transport GmbH provides the technical internet platform/portal TiMMi Transport GmbH so that the functions available on the platform at the time can be applied to make private transportation arrangements as well as to organize other errand jobs and services. These arrangements are made between the party uploading a job (the recipient of the service) and the party completing the job (the provider of the service).

2. The users of the TiMMi Transport GmbH portal are not entitled to the continued provision of any particular function, irrespective of whether the function in question had been offered in the past or not. As provider of the TiMMi Transport GmbH portal. TiMMi Transport GmbH is entitled to change, remove or add functions at any time and without previous notice or further justification. TiMMi Transport GmbH is also entitled to make the use of the functions available on TiMMi Transport GmbH dependent on certain contextual or personal conditions, unless some other arrangement has been made in writing between the two parties.

3. The use of the platform is currently free of charge. For additional services, the respective arrangements can be made and an additional fee can be charged. These arrangements require a specific, written agreement to be made between TiMMi Transport GmbH and the affected users.

4. This contract is applicable indefinitely and can be terminated by either party with a 2 week notice period. Termination of the contract should be done in written form, including per E-mail. The right to contract termination due to an important reason is unaffected by this clause.

3. USER PROFILE & REGISTRATION

1. In order to make use of the functions of the TiMMi Transport GmbH platform, users must register by entering the necessary information (name, address, phone number, e-mail address). Only legally recognized entities and natural people who are legally allowed to engage in business transactions (people over 18 years of age) can make an account or have an account made for them.

2. Nobody has the right to a claim against TiMMi Transport GmbH to become a user of the TiMMi Transport GmbH platform. TiMMi Transport GmbH reserves the right to either not accept users or to delete the details/profile of a user without offering an explanation. TiMMi Transport GmbH is also entitled to block users’ profiles and/or stop users from using the platform, either partly or fully, and for any period of time, including permanently. It is forbidden for a blocked or deleted user to generate a new profile.

3. All details are to be input truthfully and completely and users are responsible for ensuring that their details are up-to-date. It is intended that every user has the ability to change their details or to edit their profile.

4. TiMMi Transport GmbH is not able to check all the information which users provide and hence, does not take responsibility for their being correct and/or complete. This is the responsibility of the individual user. User profile information is not content which belongs to TiMMi Transport GmbH and she does not claim ownership to it. TiMMi Transport GmbH is only liable for the information and other content provided by third parties in the event that she had previous knowledge of their being incorrect or misused. TiMMi Transport GmbH will pursue justified complaints about the accuracy of information and will engage their necessary support in doing so. Users are required to inform TiMMi Transport GmbH about the misuse of the TiMMi Transport GmbH portal as soon as they become aware of an issue.

4. CONDITIONS OF USE

1. The use of the TiMMi Transport GmbH platform can only occur according to the applicable legal provisions and these terms and conditions. This applies to the content and form of the transportation requests, errands, jobs etc. as well as to the way in which they are fulfilled and that the personal and contextual pre-requisites for the fulfillment of a job are met. This also applies to the way in which and the content which is provided for feedback and evaluation systems.

2. TiMMi Transport GmbH draws your attention to the fact that the performance of individual services may require certain qualifications, permits and other legal provisions to be fulfilled. TiMMi Transport GmbH will not check individual cases to ensure that these pre-requisites (in terms of qualifications, permits, etc.) for completing the transportation, errand or other service are met. Users who either complete or request a transportation, errand, job, etc. to be completed are responsible for assuring that the required legal provisions are met (this includes, but is not limited to, drivers’ licenses, insurances, permits etc.).

3. Activities and/or services which are against the law or disrespect other regulations and/or standards, either in and of themselves or in combination with other activities, are explicitly disallowed. This applies, in particular, to the laws against black market labour. TiMMi Transport GmbH reserves the right to undertake control/observation measures and act accordingly if a suspected breach is identified. If this condition is breached, TiMMi Transport GmbH can block and/or delete a user’s account.

4. Dangerous objects and goods cannot be transported or entered as part of an errand, job or service. Dangerous objects and goods refers, in particular, to explosive materials, dynamite, gases, highly flammable goods and substances, infectious or toxic/poisonous substances, radioactive materials, and other dangerous substances or substances which are detrimental to the environment. This ban also applies to weapons or drugs.

5. Users are not allowed to place advertising for their own internet services or internet services from third parties on the website for TiMMi Transport GmbH. TiMMi Transport GmbH has the right to remove, delete or block users at any time without stating a reason.

6. The use of the portal for the purpose of doing business and earning an income is ONLY allowed for registered transport companies, who request and are granted a corporate account on the TiMMi platform. For all other users, the use of the portal for the purpose of doing business and earning an income is not allowed. Business usage with the intention of earning an income occurs when a user completes jobs, errands and/or services on a regular and continual basis and thereby, spends less time pursuing other income generating activities. A high frequency of activities would imply that a business usage is occurring. Providing transportation as a business activity without a permit can be prosecuted as illegal behavior. In addition, tax liabilities can accrue and the insurance on, for example, private vehicles can become invalid. Providing passenger transportation or delivering letters as a business activity is not allowed. Users that fail to comply with these requirements can be blocked by TiMMi Transport GmbH.

5. CONTRACTUAL ARRANGEMENT BETWEEN USERS

1. TiMMi Transport GmbH is only the mediator between the two parties to a contract and is not party to the private transportation job or any other errand or service. The fulfillment of the private transportation, errand, service etc. including respecting any specific conditions of the transportation, errand etc. and any differences which may ensue do to these conditions not being upheld are not part of the contract between TiMMi Transport GmbH and the users. The parties to the contract are solely responsible for sorting out their differences in this regard.

2. The user is responsible for describing the content and conditions of the required transportation job, errand, service etc. as fully and precisely as possible. Users write the content of their job requests and offers by themselves. TiMMi Transport GmbH does not edit or correct users’ texts. The information which is published is solely attributed to the user. TiMMi Transport GmbH does not read this information, nor does she claim ownership to it.

3. It is the user’s responsibility to ensure that the content/information they publish is legal. TiMMi Transport GmbH has no responsibility for this. It is forbidden to publish information with insulting, threatening, violent, rassist or sexually-insulting content. In addition, it is forbidden to post religious or political information which may harm the feelings of others who have different religious or political views.

4. TiMMi Transport GmbH retains the right to delete entries which have immoral content or which violate applicable laws and norms.

6. USER RESPONSIBILITIES

1. A person who commits to undertake a certain job, errand or service is required to arrive at the arranged time and place with the mode of transportation which they accepted to provide. They are also committed to wait for a reasonable amount of time after the agreed time and, if possible, to contact the other party (e.g. by phone or e-mail). The person fulfilling a job, service etc. is required to fulfill this job etc. in the way that they committed to doing so.

2. The person fulfilling a job is required to inform the other parties about changes to their ability to fulfill the job and to search for an alternative arrangement which is agreeable to both parties.

3. The person fulfilling a job, errand, service etc. is required to hold the necessary permits and insurances according to the applicable laws for vehicles used to complete the job etc. These permits, insurances etc. should be checked for their continued validity prior to starting a job etc., in particular in terms of liability insurance in the case of an accident. TiMMi Transport GmbH does not provide insurance and is not liable for potential accidents or damage which occurs as a result of the arrangements made by users.

4. Users using a car or other form of road transportation requiring a license are required to have the respective license.

5. The person requesting a certain job, errand or service is required to be at the arranged time and place. They are also committed to wait for a reasonable amount of time after the agreed time and, if possible, to contact the other party (e.g. by phone or e-mail). The person requesting a job is required to pay the promised reward to the person completing the job as arranged. If the delivery is being conducted by a professional user, the requester is required to cover the costs for a second delivery attempt if they are not present at the agreed on time at the agreed on place and the delivery, therefore, cannot be carried out on the first attempt.

7. USER RESPONSIBILITIES WITH REGARD TO TiMMi TRANSPORT GmbH

1. All users commit to respect applicable laws when using TiMMi Transport GmbH. This includes, in particular, that it is forbidden to publish insulting, untrue, violent, rassist or pornographic content or any other content which is not appropriate for children. It is also forbidden to publish intellectual property without having the necessary rights. Users are required to notify TiMMi Transport GmbH of any evidence of non-compliance with these responsibilities.

8. RIGHT TO WITHDRAW

1. Right to withdraw Users have the right to withdraw from the contract within 14 days of entering it, without giving any reason why they want to do so.

2. The start date of the contract begins the 14 day period for withdrawal without any reason.

3. In order to exercise your right to withdrawl, you need to inform us (TiMMi Transport GmbH, Dittrichring 15, 04109 Leipzig, Phone: 034169769824, Mobilw: 01714167719, Email: info(at)timmi.io) by way of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decisions. For this, you can use the following example withdrawal form, but this is not a requirement. The date on which the email or letter is sent applies for the calculation of the deadline.

2. If you cancel this contract, we will immediately (at the latest within 14 days after receiving your letter or email informing us of the cancellation of the contract) return all payments that we have received from you, including delivery costs (but excluding any extra payments we have recieved because you chose a different, more expensive type of delivery). For the return of payment, we will use the same method of payment which you originally used to pay us, unless we explicitly arrange for another method of payment with you. In no case will you be charged transaction fees for the return of funds.

If you have requested that the service should begin during the cancellation period of 14 days after entering the contract, you are required to pay us the fractional amount of the fee that was accrued up until the point that you cancelled the contract.

3. Example withdrawal form

If you want to cancel your contract, please fill out this form and send it to us by post or e-mail. (You may use this form but you are not required to.)

To:

TiMMi Transport GmbH

Dittrichring 15

04109 Leipzig

Phone: 034169769824

Mobile:+ 49 1714167719

Email: info(at)timmi.io

I/We hereby recall the contract I/we entered regarding the purchase of the following goods and/or services: __________________________________________________ ordered on ______________ /received on ______________

Name of the customer __________________________________________________

Customer address __________________________________________________

Date and signature of the customer (if sent on paper, not electronically)

4. This right to cancellation ONLY refers to the relationship between TiMMi Transport GmbH and the users and not to the relationship between transporter and job requester. Other legal rights to withdraw from contracts are not affected by this clause.

9. EVALUATIONS

1. It is intended for users to provide feedback about other users which they have worked with. Feedback should be given fairly and objectively and cannot contain any illegal, insulting, embarrassing or criminally relevant content. Feedback which does not comply with this requirement will not be published and will be deleted.

2. TiMMi Transport GmbH reserves the right to legally pursue users who do not comply with these requirements. Feedback comments are always owned by their author and do not represent statements or opinions which are attributable to TiMMi Transport GmbH. Inappropriate feedback or any other means of influencing the feedback system are not allowed.

3. TiMMi Transport GmbH has the right to access, edit and use the feedback comments, in particular for other feedback services, as well as to publish these comments in any form. The user declares themselves to be the owner of any brand names or other protected property they use as well as to have the right to use them.

10. LIABILITY & GUARANTEE

1. The liability of TiMMi Transport GmbH, irrespective of the legal reason, is categorically denied, in so far as it is legally possible. TiMMi Transport GmbH is only liable for damage caused by intentional and gross misconduct according to product liability laws or by disrespecting important clauses of the contract. In the latter case, the liability for contractually atypical, unpredictable damages is limited to a maximum amount of 500 EUR in any individual case. TiMMi Transport GmbH is not liable for subsequent harms or losses.

2. The above stated limitation of liability does not apply if the liability is related to mandatory legal rules which disallow the limitation of liability – if TiMMi Transport GmbH explicitly accepts responsibility for damage to someone’s life, body or health.

3. TiMMi Transport GmbH is not liable for damages resulting from higher power (acts of God).

4. TiMMi Transport GmbH provides the platform in the currently available form and with the currently available functions. No guarantee is made regarding the availability of certain features of the platform, nor is a minimum period of availability guaranteed. The availability of the platform may be entirely or partly limited for various different reasons. No liability is accepted for the limited availability of the platform for any legal reason.

5. Users, as authors, are solely responsible for the information content and feedback that they provide (including text, images, sound and form). They are also responsible for the details they provide as well as the consequences which result from them having provided these details. It is the exclusive responsibility of the user to check content they provide regarding competition law, trademark law, intellectual property laws, etc. In the event that third parties take issue with a user’s content, the user is responsible for this and commits to freeing TiMMi Transport GmbH from any costs or compensation payments regarding the legal pursuit of these issues.

6. If TiMMi Transport GmbH is made aware in a concrete and well-justified notification of content which may include illegal aspects, she will pursue this notification immediately and if necessary, will delete the entry and take any further action necessary.

7. TiMMi Transport GmbH does not offer any transportation services. The internet portal TiMMi Transport GmbH is purely a communication platform for connecting potential job requesters together will people interested in completing the requested job, errand, service etc. A contract for transportation services is only formed between the platform users and TiMMi Transport GmbH is not party to this contract. In this light, TiMMi Transport GmbH does not offer a guarantee and is not liable for the transportation job, errand or service which is arranged.

11. NEGATION OF LIABILITY FOR UNPAID & CHARITABLE TRANSPORTATION JOBS AND OTHER SERVICES

1. So long as a job is requested for a charitable cause, the recipient user agrees that if damage occurs in the course of the fulfilment of the job, they will not demand compensation from the person fulfilling the request, even if the damage occurred as a result of the behavior of the user fulfilling the request. This does not apply to intentionally damaging behavior on behalf of the user fulfilling the request. The abstinence from pursuance of damages applies to any level of irresponsible (but unintentional) behavior on behalf of the person fulfilling the request.

2. The abstinence from pursuance of damages is limited to the extent that a liability insurance or some other insurance covers the damages – unless the value of the damage to be covered would, in turn, be re-claimed from the party fulfilling the request.

12. DATA PRIVACY

1. According to § 33 BDSG, it should be noted that the information provided by the user when making a profile such as e-mail address, name, address and telephone number etc. will be saved as electronic information. TiMMi Transport GmbH is entitled to collect, edit and use the personal information provided insofar as this is necessary for the fulfillment of the contractual arrangement between TiMMi Transport GmbH and the users and insofar as TiMMi Transport GmbH is required to do so. In particular, TiMMi Transport GmbH is entitled to communicate contact information between the parties to a transport arrangement, once this arrangement has come to pass.

2. The data saved in a user profile can always be viewed. In addition, the use of the data occurs according to legal requirements and within the framework of the additional data privacy statement.

3. The user declares their acceptance of the use of their data for other services as well as to the communication of their data for business reasons, so long as this does not violate legal rules and is necessary for the fulfillment of the contractual arrangements. This declaration can be retracted at any time.

4. The user declares that TiMMi Transport GmbH can use the e-mail address provided to make contact, send information and other news and a newsletter. This declaration can be retracted at any time.

13. CLOSING REMARKS

1. The laws of the Federal Republic of Germany apply. The application of the UN-purchasing laws is not possible. Insofar as the user is a consumer, this applies only insofar as that no compulsory legal rules, in particular consumer protection laws, would be disrespected.

2. Insofar as users are entrepreneurs in terms of §14 BGB, legal entities according to public law or public legal special property, the responsible court of law for all disputes is Leipzig. Leipzig is unanimously agreed on as the place of the fulfilment of the contractual agreement between TiMMi Transport GmbH and the users.

3. Should individual clauses from these terms and conditions become invalid or be incomplete, the remaining terms and conditions maintain their validity. In place of the clauses which have become invalid, the parties affected will make a new agreement which would have been made if the parties had been aware of the invalidity or lack of completeness.

4. TiMMi Transport GmbH has the right to change these terms and conditions at any time and without any justification. TiMMi Transport GmbH will inform users of changes per Email. Users can dispute the validity of the changes to the terms and conditions for 4 weeks following the E-mail being sent.

5. In the event of dispute, TiMMi Transport GmbH has the option to either agree to let the old terms and conditions maintain their validity or to terminate the contractual relationship. If users do not dispute the changes to the terms and conditions within three weeks, they become applicable to all parties as of the date on which the users were informed of changes or at an agreed point in time.

Last updated October 2017