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General Terms and Conditions (GTC) for use of the Carployee App of Carployee GmbH, 4020 Linz, Peter-Behrens-Platz 9, FN 487221 b.
- These terms and conditions apply to the use of Carployee App (hereinafter referred to as "Carployee App") of Carployee Gmbh (hereinafter referred to as "Carployee") by the contractual partner (hereinafter referred to as "CP"). These terms and conditions apply between Carployee and natural and legal persons (CP) for the entire use of the App.
- Carployee contracts exclusively on the basis of these General Terms and Conditions, which must be read and accepted by the CP prior to completion of registration.
2. Services of Carployee
- Carployee offers the Carployee app to the CP for free use for an indefinite period of time. The use can and may only take place via assignments to a corporate customer, who must acquire the right to use the Carployee App for a fee.
- The Carployee app makes it possible to find and offer carpooling opportunities. Carployee does not provide carpooling services itself.
By using the Carployee app, points ( = leaves) can be collected. It is Carployee's responsibility to calculate the points and Carployee reserves the right to change the calculation of points, to deny unlawfully or incorrectly credited points or to cease the acquisition of points altogether.
- In the Carployee app, Carployee provides a benefit shop where various benefits can be purchased in exchange for the exchange of leaves. The offering, pricing, availability and quantity of the benefits is the responsibility of the paying company. Carployee supports the company with various technical measures (redemption system, generation of transaction code, validation of points and availability of benefits). Carployee does not assume any warranty or liability for the benefits offered, their possible tax effects or other negative effects and damages caused by the benefits. The responsibility lies with the paying company.
- Carployee strives for 100% accessibility and availability of the Carployee app. Due to server failures or maintenance work the Carployee-App may not be available. Carployee assumes no liability and does not compensate for any damage caused by this, such as late arrival at work or the expiration of an acquired benefit, which can no longer be redeemed after the Carployee App has become available again.
- As far as possible, Carployee offers the Carployee App in the required languages of the users. Carployee does not undertake to add languages at the request of users.
4. Technical Information
-The Carployee app is available for the latest versions of iOS and Android. For newly released OS versions, longer customizations may be necessary, which means that the Carployee app may not be fully functional. For older OS versions, Carployee does not provide a function guarantee.
- By signing the contract, the CP agrees that Carployee processes his data, such as name, address, e-mail, for the postal and electronic sending of information (e.g. product information, forms, marketing activities and information on benefits acquired). To the same extent and for the same purposes, its data may also be transferred to current and future Carployee companies. This declaration of consent can be revoked in writing at any time.
- The paying company has at its disposal accumulated, anonymous statistics on all users. In addition, information about the used vehicle of the ride is transmitted to the paying company for the purpose of parking control.
Furthermore, the paying company has at its disposal a history of the benefits acquired by all users, as well as an overview of the registered users.
The paying company has the possibility to edit registered users or to exclude them from using the Carployee App.
6. Exclusion of use
- Carployee reserves the right to exclude users from using the Carployee App without giving reasons. An exclusion will be notified to the paying company.
- The following actions may lead to an exclusion:
a) Create and then no execution of booked Carployee carpooling opportunities.
b) Booking (as a passenger) and then no boarding at the agreed boarding point
c) Fraud, or attempted fraud in the acquisition of points.
d) Shared use of a Carployee account by multiple users
e) Passing on the access code of the paying company to external persons. The damaging person is liable for damages and lost profit caused by the passing on of the access code.
- Carployee is not liable for any cancelled rides organised with the Carployee-App.
- Carployee is not liable for any incidents between the persons of a ride organised with the Carployee-App. Please report any incidents to your employer or the Carployee support via firstname.lastname@example.org
- Carployee shall not be liable for any damage incurred during a ride organised with the Carployee App.
- Carployee is not liable for any negative tax impact resulting from the purchase of benefits offered.
8. Service Partner
- Carployee reserves the right to unilaterally change or cancel these General Terms and Conditions, the service descriptions and remuneration provisions applicable to the services in question and not individually agreed, as well as the information on data protection, at any time and without stating reasons. Users will be notified of the change immediately after the new GTC come into force.
10. Final provisions
- For all disputes arising from this contract or relating to its violation, dissolution or invalidity, the competent court in Linz, Austria shall be deemed to have been agreed.
- Should any provision of these GTC/contract be invalid or unenforceable, the remainder of these GTC/contract shall remain unaffected.
All offers by Carployee are non-obligatory and non-binding. If a CP places an order on the Website, Carployee will immediately confirm the order to the e-mail address provided and also immediately send the invoice. Payment for the goods ordered by the Merchant can be made by PayPal or by credit card. Unless otherwise stated below, the Merchant's payments are due within 14 days after conclusion of the contract. The debit of the Merchant's account shall take place after the execution of the payment transaction.
There are no shipping costs as all products are digital goods.
All prices are stated as net prices and do not include VAT. For customers who are not from Austria, the reverse charge procedure is applied.
Default of payment
If the CP fails to pay in response to a reminder from Carployee after the due date, the Merchant shall be in default as a result of the reminder. During the period of default, the CP shall pay interest on the debt at a rate of 5% above the base rate.
The goods shall be made available within 14 working days after receipt of the CP’s payment and after the additional information required (information needed to set up the product) has been provided.
Right of withdrawal and guarantee
For B2B transactions, the right of withdrawal and the guarantee are excluded.
Warranty and liability
The CP's warranty rights and Carployee's liability are governed by the general statutory provisions.
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