Legal information and terms of use of ContiTech Luftfedersysteme GmbH for the application “fleetmatch”.


By installing and / or using the application “fleetmatch” (referred to in the following as the “App” or “fleetmatch”), the user unconditionally agrees to the following terms of use of ContiTech Luftfedersysteme GmbH (hereinafter “Continental”):

§ 1
Intellectual property rights of Continental right of use


The terms of use laid down in the Google Play Store – Business and Program Policies shall apply for the use of the app, unless otherwise determined by the provisions below.

The copyright for works published and created by Continental in this app as well as their configuration in the app remains exclusively with Continental and its subsidiaries. Any use, including reproduction, distribution or making available to the public, of such texts, pictures, graphics, animations, videos, music, sounds and other materials in other electronic or printed publications (especially in other apps or websites) is not permitted without the express consent of Continental or its subsidiaries.

Continental is entitled to use the trademarks and logos (the “trademarks”) represented in the app. None of the information in this app is to be interpreted as granting a license to use these trademarks. The conclusion cannot be drawn that the trademarks are freely available to anyone simply from the mere naming of the trademarks in the app. The express written consent of Continental is required for this. The unauthorized use of these trademarks is strictly prohibited.

Continental will enforce its intellectual property rights throughout the world within the scope of the applicable legislation.

§ 2
Content and use of the app, liability


Continental provides a geosocial network in form of a smartphone application fleetmatch. The app enables users to create a profile, add loading ramps with address & name and also evaluating them.

The information provided in the app is not binding and is made available exclusively for information purposes. It does not represent any kind of offer within the meaning of the applicable statutory provisions.

The information provided in the app and any products and services made available can be changed or updated at any time by Continental without prior notice. The app does not contain any guarantees or indications of quality for which Continental is liable, whether expressly or implicitly. Similarly, Continental makes no undertaking that the information provided is up-to-date, correct or complete and assumes no responsibility for its quality. The user shall not manipulate the app and shall only use such as set out.

Claims of the user for compensation of damages that arise in connection with the use of the app and its content are excluded. This exclusion does not include claims for compensation of damages arising from injury to life, limb or health or the liability for other damages that are attributed to a willful or grossly negligent breach of a duty by Continental its legal representatives or vicarious agents. In the event of a breach of material contractual obligations, Continental is only liable for the foreseeable and direct loss typical of this type of contract when this loss has been caused by simple negligence. Material contractual obligations are those that necessarily have to be fulfilled in order to achieve the object of a contract. These limitations of liability shall also apply to the benefit of the legal representatives and vicarious agents of Continental if claims are asserted directly against them. The regulations of the Produkthaftungsgesetz (German Product Liability Act) remain unaffected.

Continental strongly recommends that you do not use or, in particular, operate electronic devices while driving. Continental assumes no responsibility for any damages arising from accidents that occur in that event or for the imposition of any fines.

§3
Data collection and data processing


Continental is aware that the protection of your privacy when using this app is an important concern for you. Continental takes the protection of personal data very seriously. Continental has therefore taken the necessary technical and organizational measures to ensure compliance with the regulations governing data protection.

Insofar as there is the possibility within the app of inputting personal data, the user divulges this data on an expressly voluntary basis. The user can and is permitted to use all the services offered, generally without providing this kind of data.

Where the user has given his/her consent for his/her personal data to be collected, processed and used, Continental will only use this personal data to process an inquiry or within the context in which the consent was granted and in compliance with the applicable data protection conditions.

In relation to the use of this app, please agree separately to the data protection conditions of Continental. You can read the contents of the data protection conditions at any time under: link. Continental reserves the right to amend or adapt this data protection condition, to delete parts of it or to insert new parts at its discretion, however within the framework of the statutory regulations. If you continue to use this app after receiving a notice from Continental that the data protection conditions have changed, you have to give your prior consent to those new data protection condition to in order to continue using “fleetmatch”.

§4
Links to other websites


Links to websites of third parties can also be provided in the app as an additional service. These websites are completely independent and outside the sphere of responsibility as well as the control of Continental. Continental is therefore not liable for the content of any of these third-party websites that are accessed from the app and assumes no responsibility for the content, the data protection conditions or the use of such websites. The provider of the website linked to via the app is solely responsible for illegal, incorrect or incomplete content and especially for damages resulting from the use or non-use of the information of this kind that is offered.

§5
Age Limit


The minimum age for the use of the app is 18 years. The user warrants that he/she is older than 18 years. If Continental becomes aware that the user is not at least 18 years old, Continental is entitled to undertake any of the following measures. Insofar as the user is not of full age, he/she warrants that he/she has the permission of his/her parents to use the app.

§6
Availability of the app


This app is currently only available in the German Google Play Store. Continental reserves the right also to offer the app worldwide in the future; this, however, does not imply the intention of Continental to announce in a binding manner that the app will be available throughout the world.

§7
Termination of participation


Participation in our app ends as soon as the user deletes his account. Additionally, if the user revokes the consent given upon registration to data processing by Continental, participation on fleetmatch will no longer be possible and will end.

Continental is entitled to end a user’s participation on fleetmatch with immediate effect if the user infringes these Conditions of Use. In this instance, the affected user can only use fleetmatch again with Continental’s express permission.

Independent of this, Continental can discontinue the fleetmatch online forum and associated services at any time subject to prior notice without giving reasons. In this case, the members have no claim to fleetmatch services being supplied (again).

In the event of termination of the participation in fleetmatch, Continental will delete the user profile as well as all other data and content entered by the user.

§8
Other provisions

The contract concluded between Continental and the user is subject to German Google Play Store law; the UN Convention on Contracts for the International Sale of Goods shall not apply. In relation to consumers, this choice of law applies only if the protection granted is not affected by mandatory provisions of the law of the country in which the consumer has his habitual residence.

Continental reserves the right to amend these terms of use at any time for the future or to supplement such. Agreement to the changed terms of use will be necessary in order to continue to use fleetmatch. Continental shall request the user to agree or to reject such by way by marking the opt-in checkbox in fleetmatch before any further use.

If the contractual partners wishes to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. Continental is not obliged to participate in online dispute resolution.

Should individual provisions of these terms of use prove to be invalid in full or in part, then the validity of the rest of the contract shall not be affected by that. The statutory provisions shall replace the invalid provision.

Provider
This app is provided by:

ContiTech Luftfedersysteme GmbH
Vahrenwalder Str. 9
30165 Hannover
Germany

ph: +49 (0)511 938-02
fax: +49 (0)511 938-81770

e-mail: TE_V3_SM_fleetmatch@continental.com
internet: www.contitech.de

Registered: Commercial Register Local Court: Amtsgericht Hannover, HRB 52028
Ust.-ID-Nr. DE 811163913
Management Board: Claus Peter Spille

© 2019 ContiTech Luftfedersysteme GmbH, ALL RIGHTS RESERVED