General terms and conditions

These General Terms and Conditions (hereinafter referred to as „GTC“) were issued by INCARGO s.r.o., Company ID 09705431, with its registered office at Štrossova 354, 530 03 Pardubice, Czech Republic (hereinafter referred to as „Provider“) in accordance with § 1751 of Act. No. 89/2012 Coll., of the Civil Code, and become an integral part of the contract between the Provider and the User.

The GTC are available from the website https://www.incargo.eu/.

  1. Definition of terms

    1. Provider is the company INCARGO s.r.o., Company ID 09705431, with its registered office at Štrossova 354, 530 03 Pardubice, Czech Republic, which is the operator of the INCARGO.
    2. User is a person who enters into a contract with a Provider for the purpose of obtaining traffic information.
      1. Manufacturer/Trader is a description of a User who adds shipping enquiries.
      2. Carrier/Forwarder is a description of a User who is able to add shipping enquiries as well as transport price offers.
    3. The contract is concluded between the Provider and the User; its integral parts are these GTC. The subject of the contract is mainly the processing of traffic information and their provision to individual Users, primarily for the completion of transport. The contract between the Provider and the User is concluded by completing the registration through the registration form available on the website https://reg.incargo.eu/.
    4. The Platform is an internet information service operated by the Provider; it is available at the internet address https://app.incargo.eu/.
    5. The application administrator manages the platform, supervises its operation, approves the insurance policies and also serves as an entity that can be contacted in case of technical or other problems and questions. He can be contacted via e-mail incargo@incargo.eu.
    6. The access is the right to connect to the platform and use its functions. For each concluded contract (registration), the User automatically obtains 5 login data (logins). If more logins are needed, they can be bought in addition in packages of five for the price listed in the price list.
    7. Withdrawal of access is a measure of the Provider which prevents the User from accessing the platform and using its functions, particularly in the cases specified in these GTC.
    8. The price list depicts the current price for the services provided. It is available from the website https://www.incargo.eu/.
    9. The auction takes place for each transport enquiry and is limited in time. The User who created the transport enquiry is entitled to choose the winner of the auction himself even before the end of the auction, possibly to extend the auction.
    10. The subscription is the time period during which the User will be given full access to all the functions of the platform in the Premium version from the moment of payment of the fee for the selected period. A subscription for 1, 3, 6 and 12 months can be chosen. The User is not entitled to a refund if he decides to stop using the platform during the subscription period.
    11. The free version is an option where the Carrier/Forwarding User can register without the need for a subscription. Although, in this version the User does not have the access to all functions of the platform. The User can register for the auctions and pay a one-time fee for each win in the auction according to the current price list.
    12. Road carrier liability insurance is an integral condition for the Carrier/Forwarding User to use the platform. Every Carrier/Forwarder is obligated to upload the correct and duly paid insurance into the system, then it must be approved by the application administrator and only after the approval can the user be granted full access to the platform. The Provider is not obliged to verify the authenticity of the recorded insurance policies. The User is obligated to upload a new insurance immediately after the expiration of an old one. A User who does not have a valid insurance policy uploaded will not be given access to creating price quotes.

  2. Rights and obligations of the provider

    1. The Provider will grant access to the functions of the platform to such a User who has duly registered, has granted consent to these GTC, his insurance has been approved and recorded in the system (in the case of Carrier/Forwarding), prospectively after the subscription amount has been credited to the Provider's account if it is a subscription version. Every duly registered User will automatically receive 5 logins as part of his/her access.
    2. The Provider shall not be liable for any damages caused by a third party (e.g. Internet connection provider, energy supplier, etc.), as well as for any damages caused by force majeure. The Provider is not responsible for operational equipment functionality of individual Users.
    3. The Provider shall not be liable for any damages caused by a temporary malfunction of the platform, unless it alone has intentionally caused such a malfunction.
    4. The Provider does not bear any responsibility for the accuracy, timeliness and completeness of the data entered by individual Users.
    5. The Provider does not by any means enter into a contractual relationship between the User requesting the transport and the carrier; all rights and obligations arising from the transport itself are governed by the agreements between the Users themselves. In particular, the Provider is not responsible for any conditions, price or quality of the transport.
    6. The Provider is not liable for any damages incurred during transport, for instance theft or damage to cargo, vehicles, as well as damages caused by third parties, etc.
    7. The Provider is not responsible for the correctness, validity and quality of Users' insurance or for any insured events resulting from the transport. The Provider is not obligated to determine the authenticity of insurance policies during the approval process.
    8. The Provider bears no responsibility for cases where the shipment does not take place, regardless of the reason for the shipment failure.

  3. User rights and obligations

    1. Every User is obligated to enter true and complete information and to update it regularly. If the Provider finds out that the User knowingly entered false data, he is entitled to revoke the access for such a User and impose a one-time contractual penalty in the amount of CZK 50,000.
    2. By entering the information into the system, the User gives the Provider consent to their processing and publication on the platform.
    3. None of the Users is allowed to convey any information obtained through the platform to third parties, in whatever form. For unauthorized dissemination of information obtained on the platform, the User faces a contractual penalty of CZK 50,000 and access denial.
    4. While using the program, each User is obligated to observe the rules of ethics and fair-trade relation and to maintain trade secrets about the facts he has learned in the program.
    5. All Users are committed to use the platform exclusively for the agreed purpose, i.e. to obtain traffic information for the purpose of transport. In particular, users are not authorized to use the platform for fraudulent or illegal purposes.
    6. Users are not authorized to provide access into the platform to third parties. Users are required to use proper means to use the platform. If the Provider finds out that the User has provided access to third parties or has entered the program in an unauthorized manner, the access may revoked without compensation.
    7. Every User is obligated to responsibly and correctly enter the request for transport, including all its essential details. The same obligation applies to the submission of transport quotations.
    8. Each User is obligated to properly manage his/her transport enquiries and transport quotations, i.e. regularly monitor and update them, announce the winners of the auction in a timely manner etc.
    9. Once the transport quotation is entered, it can be randomly reduced but it cannot be increased. The transport quotation can be deleted and a new one created. However, this can be done no more than twice for each transport enquiry. After the third deletion of the price offer, the User will be denied access to this particular request and will no longer be able to participate in its auction.
    10. The enquiry for transport can also be changed during the actual auction. In such a case, Users who have already joined the auction with their price bids must be informed of such a change, whereas they will also be instructed to correct the price bid or to confirm it. Such a change in the price offer is not included in the limit of changes described in point 3.9.
    11. Every User is responsible for his price offer of transport and if he is selected and becomes the winner of the auction, he is obligated to carry out the transport; otherwise he faces sanctions from the customer. In case of repeated (at least three times) non-realization of the transport due to reasons caused by a carrier, the User may be denied access by the Provider without the right to any compensation.
    12. Every User entering a transport enquiry is obligated to facilitate such transport after the end of the auction. In case of repeated (at least three times) non-realization of the transport due to reasons on the part of the customer, the User may be denied access without the right to any compensation.
    13. Upon expiration of the subscription period, the User will be automatically blocked from accessing the platform and will no longer be able to use it until the subscription is renewed.
    14. Every User is obligated to follow the provisions of these GTC under the threat of access denial without any compensation.
    15. In the case of complaints about non-compliance with the GTC, insufficient quality of services, unethical behavior or misrepresentation, access may be revoked to a User who commits such a behavior without the right to any compensation. The Provider is not obligated to verify the truthfulness of complaints.
    16. Users are obligated to contact the Provider (e.g. via the e-mail address incargo@incargo.eu) if they find out that someone is committing misbehavior as described in point 3.14.

  4. Price list

    1. The current price list is always available from the website https://www.incargo.eu/.
    2. The Provider is entitled to change the price list at any time. He is obligated to inform the User about this fact through a "pop-up window" in the platform environment; this“pop-up window” is displayed after the User logs in and the User must confirm it, otherwise he will not be allowed to proceed to the individual functions of the platform.
    3. Payments for all items listed in the price list are made by transfer to the Provider's bank account: 2301902787/2010 (Fio banka a.s.). Individual services will always be activated only after the payment has been credited to the Provider's bank account (except for one-time fees for the so-called free version of the platform).
    4. In the case of the free version, one-time fees for the realized shipments are invoiced while the invoicing period is one month and the maturity of individual invoices is 7 calendar days. For each day of delay in payment of the invoice the Provider is entitled to a contractual penalty of 0.05% of the total amount due. In the case a delay exceeds more than 14 days, the Provider is entitled to withdraw access to the platform from the User who is in delay.

  5. Protection of personal data

    1. The administrator of personal data pursuant to Article 4 (7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individual persons with regard to the processing of personal data and on the free movement of such data (GDPR) shall be the Provider.
    2. Users provide all data voluntarily and by agreeing to these GTC declare that they have been informed of their rights and the manner and purpose of processing personal data; at the same time they express their consent to the processing of personal data.
    3. All information on personal data protection is contained in the Privacy Policy, the current version of which is always available on the website https://www.incargo.eu/.
    4. The Provider commits to take all measures for the protection of data entered by the user which may reasonably be required of him. Specifically, he commits to store, manage and protect them safely against any unauthorized manipulation. Only such damages that were caused by the breach of the Provider's legal obligation can be added to the provider's burden.

  6. Closing statements

    1. These GTC take effect on 1. 5. 2021.
    2. In the event that any provision of the Contract or these GTC becomes ineffective, the other provisions are not affected and they thus remain in force.
    3. The Provider is entitled to unilaterally change the GTC but he is obligated to always inform the User about this fact. The information is provided via a "pop-up window" in the platform environment which is displayed after the User logs in and which the user must confirm to have read it, otherwise he will not be allowed to proceed to the individual functions of the platform.