1. Scope
These General Terms and Conditions ("GTC") apply to the entire business area of TIWU klg (hereinafter referred to as "Company"). The Company operates an application for brokering transport services.2. Conclusion of contract
The conclusion of the contract comes about through the acceptance of the offer of the company concerning the service provision by the customer. The contract is concluded in any case when the client makes use of the services offered by the company.3. Pricing
Unless otherwise stated, all prices are in local currency. All prices are exclusive of any possibly applicable value added tax and any other possibly applicable taxes.
The Company reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract.
If a commission has been agreed, it shall be due upon fullfillment of the obligations by the Company. Whether the end customer pays has no influence on the origin and due date of the commission, relevant is the fulfillment of obligations by the company.
4. Registration
The user (customer or transporter) expressly declares with the registration that all information provided is true. The customer is fully responsible for the safekeeping of his access data and passwords. The customer himself is responsible for the content of the uploaded data. He guarantees in particular the legality, correctness and topicality of this data.
Any uploading or publishing of protected, illegal or offensive material including plagiarism is strictly prohibited and the company declines any liability. Furthermore, the carrier may only offer services that he is authorized to provide and has the necessary knowledge and skills. The carrier may not provide false, misleading or unfair information about the transport services.
The company is free to reject a client or carrier without giving any particular reason and to delete the published offer or account. The company is entitled to control the behaviour of the customer and the transporter in connection with the use of the application.
5. Payment
The company offers the customer the following payment options: Stripe.
After the customer has handed over the goods to the carrier, the chargeable amount will be automatically debited from the credit card on file.
It is not permitted to offset the amount owed against any claim the customer may have against the company. The company has the right to refuse delivery or service provision in case of delayed payment.
6. Age limit
By accepting these terms and conditions, the user confirms that he/she meets the required age limit of 18 years.7. Special rights and obligations
7.1. Rights and obligations of the company
Unless otherwise agreed, the company shall fullfill its obligations by providing the agreed service.
7.2. Rights and obligations of the carrier
The carrier has to treat the goods entrusted to him with care and is liable to the customer (sender) for any damage that may have occurred during his possession. In these cases, the company is entitled to transmit the carrier's details to the customer (sender). The carrier may refuse shipments which could damage his means of transport. If the carrier has accepted the shipment, the carrier bears the risk of possible damage to his means of transport by the shipment. The carrier must agree to and enable a location query via electronic means. The data thus obtained will be automatically deleted after 30 days. He undertakes to carry out the transport service in accordance with the information provided. If no recipient can be contacted, the carrier may deposit the goods at the agreed place and time. For the payment by the company it is necessary that account details are transmitted.
7.3. Rights and obligations of the client (sender)
The customer undertakes to hand over the goods according to the goods declaration and according to the agreed time and pick-up location and to provide the carrier with truthful information about the goods. The customer allows the carrier to check the goods. With the delivery of the consignment to the carrier, the customer undertakes to pay for the service. From this moment on, there is no possibility to withdraw from the contract or to cancel the service. The customer acknowledges that the company does not arrange transport of persons or animals and the transport of illegal goods is excluded. If an attempt is made to ship illegal goods, the customer's details will be forwarded to the authorities. The sender may declare several goods as one shipment, provided that the location and destination of all goods in the shipment are the same. If several goods are declared as one shipment, the total weight and size of all goods must be declared. The customer is responsible for organising the receipt of the shipment and bears the risk of the recipient's failure to appear or delay.
8. Non-solicitation and employment agreement
The Customer may not, without the express written consent of the Company, entice away or employ its employees or other auxiliary persons, either on its own account or on behalf of a third party. Even after termination of the contractual relationship, the Customer shall be prohibited from directly or indirectly employing employees or other auxiliary persons of the Company in any manner whatsoever. This prohibition is valid for up to one year after termination of the contractual relationship and is limited to the area of activity of the respective employee or auxiliary person.9. Guarantee
The company guarantees to perform the agreed services in the quality customary in the sector.10. Liability
Liability for any indirect damage and consequential damage caused by defects is excluded in full. The liability for direct damages is limited to CHF 50.00 (Swiss Francs fifty). This limitation of liability does not apply to direct damages caused by gross negligence or intent.
The customer is obliged to report any damages to the company immediately.
Any liability for auxiliary persons is completely excluded.
11. Provisions on the software used
The customer is prohibited from copying, reproducing, sublicensing or otherwise transferring or duplicating the software or related documents or computer programs or transferring them to third parties. Furthermore, the Customer is prohibited from modifying, decompiling, disassembling the software or related documents or computer programs or from creating a new software from elements thereof without the Company's written consent. The Customer is obliged to always use the latest version of the corresponding software. Furthermore, the Customer is prohibited from removing or altering any copyright marks on the software or related documents or computer programs. The copyright of the software remains completely with the company.
The customer must ensure that the technical and actual conditions for the receipt and use of the services, data and contents are given on his side. If these prerequisites are not fulfilled, this has no influence on the conclusion and the continuation of the contract between the customer and the company.
The customer undertakes to truthfully provide the personal data required during registration and to notify the Company of any changes to the personal data.
Likewise, claims for damages for loss of the investments used, for loss of profit, for loss of data, for restoration of the software, for downtime or other production or working hours that have been lost and for exchange rate losses are completely excluded; this applies to all claims of the customer, regardless of the legal grounds. The company assumes no responsibility for external or indirect defects and consequential damages (e.g. damages resulting from business interruption due to delayed delivery, delay in information forwarding, due to viruses or from system errors). As far as the contractual liability of the Company is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of the Company.
The Customer accepts inspections and maintenance work by the Company which may temporarily impair the availability of some or all products. Temporary transmission delays may also occur when third party content and services are forwarded. The Company endeavours to keep downtimes as short as possible in the interest of the Customer. The Customer accepts proportionate impairments. The company is not liable for system failures of network operators, service providers or if the customer account has been hacked.
The company does not guarantee that the services are accessible without interruption, that the desired connections can be established at any time, or that stored data remains available under all circumstances. An interruption in the accessibility of the services for the customer does not lead to claims for damages.
12. Intellectual property rightse
All rights to the products, services and any trademarks are the property of the company or the company is entitled to use them by the owner. Neither these terms and conditions nor any individual agreements relating to them contain the transfer of any intellectual property rights, unless it is explicitly mentioned.
In addition, any further use, publication and the making available of information, pictures, texts or anything else which the client receives in connection with these terms and conditions is prohibited, unless it is explicitly approved by the company.
If the client uses contents, texts or pictorial material in connection with the company in which third parties have a property right, the client must ensure that no property rights of third parties are violated.
13. Privacy
The Company may process and use the data recorded in the course of the conclusion of the contract to fulfil the obligations arising from the contract. The Company shall take the measures required to secure the data in accordance with the statutory provisions. The Customer agrees in full to the storage and contractual use of its data by the Company and is aware that the Company is obliged and entitled to disclose information from the Customer to the Company or third parties by order of courts or authorities. If the customer has not expressly prohibited it, the Company may use the data for marketing purposes. The data necessary for the performance of services may also be passed on to commissioned service partners or other third parties. In addition, the provisions of the privacy policy apply.14. Changes
These terms and conditions can be changed by the company at any time. The new version will come into force 30 (thirty) days after notification or publication on the website (www.tiwuapp.com) by the Company. The version of the General Terms and Conditions which is in force at the time of the conclusion of the contract shall apply to the customers. The only exception is if the customer has agreed to a newer version of the GTC.15. Priority
These terms and conditions take precedence over all older provisions and contracts. Only provisions from individual contracts which still specify the provisions of this GTC shall take precedence over this GTC.16. Severability clause
Should a provision of this contract or an enclosure of this contract be or become invalid, the validity of the contract as a whole shall not be affected. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any contractual loopholes.17. Confidentiality
Both parties, as well as their assistants, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation remains in force after the termination of the contract.18. Force majeure
If timely performance by the Company, its suppliers or third parties called in by the Company becomes impossible as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, tempests, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage and pandemics, the Company shall be released from its obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, the Company may withdraw from the contract. The Company shall reimburse the Customer in full for any payments already made.
Any further claims, especially claims for damages due to vis major are excluded.