1 | Scope
These terms and conditions (“Terms and Conditions”) apply to the app (“App”) provided by GoKarla GmbH (“Karla”).
2 | The App
2.1 The App provides users (“Users”) with a platform through which they can manage their parcel deliveries from various providers.
2.2 The App provides additionally online-shop-specific, branded sections and may include promotional campaigns from online shops.
2.3 The App provides information about and links to 3rd party services.
2.4 The App may include from time-to-time certain other features, like contact or review options for delivery providers.
3 | Registration of a User Account
3.1 In order to use the App, all Users must register (each a “Registration”) by creating a user account on the platform (each a “User Account”) which is free of charge. By registering, the User accepts these Terms and Conditions. Completion of the Registration forms a contract between Karla and the respective User for the use of the App (each a “User Agreement”). No User is entitled to claim the conclusion of a User Agreement towards Karla.
3.2 The information requested by Karla during Registration must be provided completely and accurately. Users must not provide a value-added services number as their telephone number or a post office box as their registered address. Users are obligated to update the information entered during the Registration, as relevant.
3.3 Karla uses a so-called passwordless registration process to create a User Account (“Create an Account”). To Create an Account, Users will provide their email address to which an email is sent to verify the email address. After clicking the link in the email, entering your name in the App and clicking the “Start” button,. a User Agreement is concluded. The User Agreement can be concluded in English or German language.
3.4 As an alternative to manually registering a User Account, Users may also log into the App with accounts they have with identification providers, as available in the App (like a Google or Microsoft account, for instance). Please see our Privacy Policy for further implications of such registrations.
3.4 Users must carefully protect their User Account from access by third parties. If Users become aware of any misuse of their User Account by third parties, they must immediately inform Karla.
3.5 Only natural persons of legal age are permitted to register. Minors are only permitted to use the Platform with the express approval of their parents or legal guardians. Karla is entitled to block Users from accessing the Platform if they cannot provide proof of their legal age or approval of their parents or legal guardians upon request of Karla.
3.6 No User is permitted to create a User Account through automated means including but not limited to by using automatic devices, scripts, or robot, spider, crawler, or scraper services.
3.7 The text of the User Agreement will not be stored by Karla and may not be retrieved after the completion of the Registration.
4 | Use of the User Account
4.1 In their User Account, Users can create and administer their individual profile (each a “User Profile”).
4.2 The right to use a User Account is not transferable to other Users or to third parties. Users are prohibited from granting other Users or third parties access to their User Account.
5 | User’s obligations
Users may not use the App for purposes that violate statutory provisions applicable to the User.
6 | Karla’s obligations
6.1 Karla provides the technical resources for the App and allows Users to register with and use the App according to Section 2 of the Terms and Conditions. The App shall be available within the scope of the state of the art of mobile applications. “Available” means that the essential core functions of the App can be used with no restrictions.
6.2 Karla reserves the right to temporarily shut down availability for maintenance work, insofar as the proper operation of the system requires this. Technical malfunctions cannot be ruled out, regardless of whether the system provider is responsible for them. In particular, the User must expect restrictions in availability outside the sphere of influence of Karla, for example, due to disruptions in data transmission in the participating subnetworks of the Internet or third party service providers.
7 | Term and Termination of the User Agreement
7.1 User Agreements between the User and Karla will be concluded for an indefinite period.
7.2 Users may terminate their User Agreement at any time by giving 14 calendar days’ notice. This is possible through the App.
7.3 Karla may terminate a User Agreement at any time by giving 14 days’ notice to the end of a month.
7.4 This shall not affect the respective right to terminate a User Agreement for good cause.
7.7 Any termination of the User Agreement must be made in writing. A termination by email is sufficient in this regard. A User can also terminate the User Agreement by using the termination function implemented in the App.
8 | Limitation of Liability
8.1 Karla will be liable without restrictions for damages arising from injury to life, body or health resulting from a breach of duty by Karla or any of its legal representatives or agents, as well as for damages caused by the lack of a quality guaranteed by Karla or in case of malicious intent of Karla.
8.2 Karla is also liable without restrictions for damages caused by Karla or its legal representatives or agents either intentionally or through gross negligence.
8.3 In case of a violation of essential contractual obligations caused by slight negligence, Karla will be liable except for the cases listed in Section 8.1, 8.2 or 8.4 of the Terms and Conditions, up to the amount of the damage that is foreseeable for this type of contract. From an abstract point of view, essential contractual obligations are such obligations which need to be fulfilled to allow the proper performance of an agreement in the first place and on the fulfillment of which the parties to a contract regularly can rely on.
8.4 Liability pursuant to the German Product Liability Act remains unaffected.
8.5 Any other liability of Karla is excluded.
8.6 The limitation period for the assertion of claims for damages against Karla is one (1) year, except in the cases listed in Sections 8.1, 8.2, or 8.4 of the Terms and Conditions.
9 | Applicable Law
9.1 The laws of the Federal Republic of Germany shall apply without regard to the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions. Regarding consumers whose habitual residence is inside of the EU, mandatory provisions of their country of residence apply in addition.
9.2 Any dispute arising from or in relation to these Terms and Conditions will be resolved by the courts of Berlin, Germany, if permissible and unless the User is a consumer. Consumers may bring claims arising from consumer protection provisions either in Germany or in the EU Member State they have their habitual residence in.
9.3 The European Commission provides a platform for the resolution of online disputes (ODR platform). This ODR platform has been implemented to support consumers and entrepreneurs to reach an amicable agreement. The ODR platform may be found using the following link:
https://www.ec.europa.eu/consumers/odr
Karla is not willing to participate in such consumer arbitration proceedings.
10 | Final Provisions
10.1 Should any of the provisions contained herein be or become invalid or ineffective in whole or in part this shall not affect the validity of the remaining provisions.
10.2 Karla reserves the right to change these Terms and Conditions. Karla will notify the User of the changed conditions either through the App or by email at least four weeks before their effective date and will indicate the intended application of these new Terms and Conditions and the User's right to object to the application of the new Terms and Conditions. If the User does not object to the application of the new Terms and Conditions within such period or if the User continues to use the App after the changed Terms and Conditions have entered into force, the new Terms and Conditions will be considered to have been accepted. Karla will appropriately notify the User of the importance of the four-week period, the right to object, and the legal consequences of silence.
10.3 Unless otherwise provided herein, all declarations or agreements in connection with the User Agreement must be made in writing or by email. Contractual agreements are not covered by this restriction.
11 | Contact details
GoKarla GmbH
Gormannstr. 19a
10119 Berlin
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