Carado Terms of Use

1. Carado provider

Welcome to My Carado, a service covering everything relating to your vehicle along with recreational information for people with motorhomes.
We, Carado GmbH, Bahnhof 11, 88299 Leutkirch, Germany (please also refer to our Legal Notice), are the providers of My Carado.

2. Scope of these Terms of Use

2.1 These Terms of Use apply to all My Carado services provided by Carado GmbH (hereinafter referred to as “we”) for our users (hereinafter referred to as “you”), including the provision of the online portal carado.com (please refer to Clauses 7 and 8).

2.2 The online portal My Carado can also be used to access services from other providers, including travel, goods and online services offered by Carado partners. We are not responsible for the services of other providers; these are subject to the agreements and conditions that you have made with the respective third-party providers only. The same applies when you use services from other online providers via our Carado online portal, particularly the interactive map, Google Maps API. This service is subject exclusively to the terms of service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, https://www.google.com/intl/en/help/terms_maps.html. Further details can be found in the privacy centre at google.com: Details on transparency and options and data protection provisions can be found at https://policies.google.com/privacy.

3. Conclusion of contract

3.1 By registering for free on the My Carado online portal, you enter into a contract with us for the use of the services contained within this portal (please refer to Clauses 7 and 8 for further details).

3.2 Use of our online portal, My Carado, shall not entitle the user to any legal claims against us. We reserve the right to reject registrations for the Carado online portal and applications for the Carado customer card without stating reasons.

3.3 In order to make use of our services as a registered user of the Carado online portal, you must be 18 or over and eligible to enter into a legal contract. Under-18s are not permitted to register for the My Carado portal.

3.4 The information you enter when registering for the My Carado portal must be complete and correct.

4. Changes to the Terms of Use

We reserve the right to make changes to these Terms of Use at any time, including changes that take effect within any existing contractual relationships. We will notify you of any such changes at least 30 calendar days before they come into effect. We will send this information to the email address currently on file in the Carado online portal. If you do not object within 30 days of receipt of the notification, and if you continue to use Carado services after the objection period has elapsed, the changes shall be deemed to have been agreed as effective from the moment this period elapses. In the event that you object, the contract shall continue under the previous conditions in the first instance; however, you shall then expect us to terminate it in due course (please refer to Clause 6 below). When notifying you of any changes, we will also inform you of your right to object along with the associated consequences.

5. Data protection, data updates, security and responsibility for your access data

5.1 It is one of our quality standards to handle your personal data responsibly. For this reason, we only handle your personal data that you entrust to us as stipulated in our Carado Privacy Policy.

5.2.1 When registering for the Carado online portal, you will be asked to specify a user name and password. Once your account has been activated, this is the data you will use to log in to the portal. It is your responsibility to ensure that your user name does not violate any third-party rights – particularly any name or brand rights – and that it is not indecent or offensive.

5.2.2 You are responsible for keeping your access data – including password – confidential and not sharing this information with unauthorised third parties. You are responsible for ensuring that your access to the portal and use of the services provided on the portal is only available to you or persons authorised by you. It is your responsibility to notify us immediately if you are concerned that unauthorised third parties have – or may in the future have – access to your access data.
You are responsible for any use and/or other activity carried out using your access data in accordance with statutory provisions.

5.3 You are obliged to keep your details (including your contact details and registered email address) up to date. In the event that any changes are required to the data on file, please make the necessary updates immediately in the portal under your personal settings. If you are unable to do this, please share your updated details with us immediately via email or fax.

6. Contract term and termination

6.1 Your contractual relationship with us governing use of Carado services shall remain valid for an indefinite period. Your associate profile data will also be saved here so that we can share appropriate content with you according to your personal interests.

6.2 You are entitled to terminate your contract with us governing use of Carado services at any time without stating reasons by emailing info@Carado.com.

6.3 The right to immediate termination for cause shall remain unaffected. We are entitled to terminate the contract immediately in particular if you have registered with false information or have otherwise seriously violated these Terms of Use.

6.4 Once the contractual relationship governing the services available via the Carado online portal has ended, you will no longer be entitled to use the portal using your user profile. We reserve the right to block your user name in addition to your user profile and password. Personal data will be deleted in the event of termination, with the exception of information required for legal transactions that had already started prior to the termination – for example, the name of the author for the publication of a tour.

6.5 If you have not logged in to your user profile on the Carado online portal for a period of over a year, we reserve the right to delete your user profile. If this is the case, we will notify you prior to the deletion via the email address currently on file in the Carado online portal. You can object to the deletion within a period of 4 weeks of receipt of our email. If no objection is received, your user profile will be deleted.

7. Use of the Carado online portal

7.1 Provision and availability of services

7.1.1 We provide you with a range of information and other services for a limited period of time on the Carado online portal. These services include the provision of data, articles, images, audio files, information and other content (hereinafter referred to as “content”) as well as the ability to create individual user profiles and contact other users. The content and scope of our services are determined by the functionalities currently available on the Carado online portal.

7.1.2 We make our services available to you in the Carado online portal within the scope of our technical and operational possibilities at the point where it leaves our router for retrieval by your web browser. We endeavour to ensure that our services are as uninterrupted as possible; however, we cannot exclude the possibility of interruptions or temporary restrictions, for example due to technical faults (such as interruption of the power supply), hardware or software errors, technical problems in the data lines, system failures or maintenance work.

7.2 Changes to services

We are entitled to change or withdraw the services in the Carado online portal at any time. We also reserve the right to make new services available either free of charge or for a fee. We will take your legitimate interests into account in each case.

7.3 Protection of content, responsibility of third-party content

7.3.1 The content on the Carado online portal is protected by copyright or other intellectual property rights and is either our property or the property of other users or other third parties who have made the respective content available. The compilation of the contents as such is protected as a database or database work pursuant to Section 4, Paragraph (2), 87a Paragraph (1) of the Copyright Act. You may only use these contents within the framework of these Terms of Use and within the framework specified on the portal.

7.3.2 Carado is a registered trademark and may not be copied, reproduced or used in any form, concept, logo, graphic or service, in whole or in part, or in any manner likely to cause confusion, without our prior written consent.
Protected brands and names, images and texts are not generally marked as such on the pages; however, the absence of such identification does not mean that the name, image, video clip or text is free in the sense of name, trademark or copyright.

7.3.3 The contents on the Carado online portal originate in part from us and in part from other users or other third parties, such as members of the community, customers, the general public, media partners and collaborators. The content of other users and other third parties is hereinafter referred to collectively as “third-party content”. The responsibility for third-party content lies exclusively with the user, author or partner who created and published the content. We do not check any third-party content for completeness, accuracy or legality and therefore do not accept any responsibility or make any guarantees with regard to completeness, accuracy, legality or validity of third-party content. This also applies with regard to the quality of the third-party content and its suitability for a specific purpose and also insofar as third-party content is concerned on linked external websites. If we become aware of third party content that does not comply with the Terms of Use or is unlawful, we reserve the right to take legal action against the third party. You, however, may not assert any claim against us to take action against the third party. The same applies to profiles created by other users in the Carado online portal. We make no guarantee that each profile host is the person the respective profile owner claims to be.

7.3.4 The Carado online platform may, of course, be named in the context of editorial reports; however, if screenshots and text excerpts are used as image or text quotations, they must be marked accordingly. Changes to graphics are not permitted. We are happy to provide appropriate material for publications. The content and documents provided may only be used for information purposes and may not be used commercially. Each copy (this also applies to excerpts) must include a copyright notice.

7.4 Your use of the Carado online portal

7.4.1 After registering for the Carado online portal, you are entitled to use the services and content provided on the portal according to these Terms of Use. Your usage rights are non-transferable. You are not granted any other usage rights to the contents of the portal.

7.4.2 It is your responsibility to establish the technically necessary prerequisites for the use of our services, such as the use of suitable hardware and software (in particular browsers).

7.4.3 The Carado online portal may only be used for the following private, commercial or communal purposes: Creating private content in accordance with these Terms of Use and use of the Carado services for private websites. Creating content in accordance with these Terms of Use, such as tours, reviews, comments, images, tips and use of the Carado services for displaying Carado content on commercial websites, such as campsite operators and other businesses, or on local, public and non-profit websites, such as tourism associations. For commercial use beyond the mere use of the Carado services; separate contractual terms and conditions shall apply, for example, with regard to making changes to advertising, offers, dates, as well as creating further commercial or municipal content. In such cases, it is necessary to come to a separate arrangement with us.

7.5 Your individual responsibility when using Carado content

7.5.1 We strive to ensure our services are always up to date, complete and correct in terms of content; however, mistakes cannot be ruled out entirely. In particular, it should be noted that walking and driving on Carado tours is at your own risk. We do not accept any responsibility for the accuracy of the tour information, descriptions, maps, GPS tracks, navigation, weather information, information on objective dangers, such as risk potential regarding avalanche danger, etc.

7.5.2 Anyone involved in outdoor activities is exposed to certain dangers and is responsible for assessing them correctly. In particular, you have to correctly assess your personal performance; assume responsibility for orientation and navigation; observe local regulations, prohibitions of access and use, time restrictions, nature conservation and legal provisions; make enquiries about objective dangers and assess them yourself, for example avalanche danger; find out information such as opening times of facilities and accessibility; check current conditions yourself; and make enquiries about current conditions yourself, such as weather and snow conditions.

8. Entering your own content into the Carado online portal

8.1 User content

8.1.1 You can enter the following content as a user: 
Users enter their own profile data.
Users report errors.

8.1.2 Prohibited content includes:
Content that infringes third-party rights; racist, xenophobic, violent, inciting, pornographic, abusive or immoral content; content that could cause others to commit criminal or immoral acts; content that impairs or endangers the development or upbringing of children or adolescents or violates human dignity; insults, threats, abuse criticism, defamation, lies, false information about other users or providers; content that poses a security risk, such as viruses; contents that represent chain letters, unsolicited mass mailings, spam, sweepstakes, free offers or encourage participation in such; copied contents or contents in which the user has no rights or which violate the rights of third parties; links to websites that violate applicable law, for example by containing contents that are harmful to minors or otherwise inadmissible; private data, such as telephone numbers, email addresses and links beyond the profile; unauthorized advertising on the user’s own behalf that goes beyond the presentation of the profile. Advertising in the Carado online portal is only permitted for commercial providers and is governed by separate provisions.

8.1.3 We reserve the right to weight user content and control the display of content accordingly. The weighting will factor in the quality and completeness of content and user reviews.

8.1.4 You have no legal claim to the publication of content.

8.1.5 The following rules shall apply to reviews and comments:
 
All reviews and comments must be in real relation to the reviewed object and be a truthful account.
All reviews and comments must be factual and accurate.
Negative reviews and comments are permitted; however, they must be justifiable based on objective factors.
Providers and companies are not permitted to review themselves or comment on themselves or encourage others to a leave a review or comment. Providers and companies may only present themselves within the framework of the Terms of Use. 
Advertisements – whether in open or hidden form – are not permitted in reviews or comments.
Information that is not based on your own experiences, hearsay, and unverified statements made by third parties are not permitted.
We are not obliged to check user contributions for accuracy, completeness lawfulness.
You, however, are responsible if the contributions posted and published by you violate statutory provisions, third-party rights, official prohibitions or morality.
If you culpably breach these Terms of Use, you shall indemnify us from all resulting damages, including the costs of legal defence, and indemnify us against any claims of third parties.

8.2 Transfer of usage rights

Insofar as functionality is available on the portal, you may post content on the portal and make it available to third parties in accordance with the following provisions.

8.2.1 For the copyright or otherwise legally protected contents, in particular texts, reviews, comments, messages, files, pictures, videos and tour geometries, which you create, amend or publish on the Carado online portal, you grant us the temporally and spatially unrestricted, transferable, non-exclusive right to publish the contents at will on the Carado online portal free of charge and make them available for use. The right of use also includes the publication and use elsewhere and outside the portal, under other URLs, in other media forms, such as RSS feeds, mobile communications, television, print products and search engine entries.

8.2.2 You shall also grant us the right to edit, translate, supplement and abridge the content and, where appropriate, allow other users to revise or supplement the content in accordance with these Terms of Use, subject to copyright protection.

8.2.3 Our right to use the content shall terminate from the moment you remove the content from the portal, with the exception of any use that began prior to such removal, such as use in a printed work, or in locations to which we have no direct access, such as links to other sites, or if another user has already stored or published your content inside or outside the portal. The archiving and storage of backup copies is also still permitted after the removal of content by the user.

8.2.4 Content that has been revised or supplemented by us or by other users according to the Wiki principle, or comments, reviews, discussion contributions, and supplementary content to other contributions can no longer be deleted.

8.2.5 By publishing your content, you assure us that you are the sole owner of all rights thereto or else otherwise entitled (for example, by effective permission from the copyright owner) to post the content on the portal and grant us the rights of use and exploitation in accordance with these Terms of Use (see Clauses 8.2.1 to 8.2.4 above).
You are entirely responsible for any content you provide. We do not accept any liability for the completeness, correctness, legality, validity, quality or suitability of the content for a specific purpose.
You shall indemnify us against any justified claims by third parties asserted against us or our legal representatives or vicarious agents due to the unauthorised use of content. You also assume the costs caused by the publication of your unlawful content, which we and our legal representatives and vicarious agents incur for our judicial and extrajudicial legal defence.

8.2.6 We reserve the right to refuse to post content and/or to edit, block or remove content that has previously been posted (including private messages) without prior notice if the posting of the content by you or the posted content itself has led to a violation of these Terms of Use (in particular Clause 8) or if there are concrete indications that a serious violation will occur. We will, however, take your legitimate interests into consideration and choose the least stringent means of defence against the infringement.

8.3 Blocking access and user profiles

8.3.1 We reserve the right to temporarily or permanently block your access to the Carado online portal if there are concrete indications that you are violating or have violated these Terms of Use and/or applicable law, or if we have any other justified interest in enforcing a block. We will take your legitimate interests into account when deciding whether or not to block your data.

8.3.2 In the event of temporary or permanent blocking, we will block your access authorisation to the Carado online portal and notify you of this via the email address currently on file.

8.3.3 In the event of a temporary block, we will reactivate your access authorisation after the expiry of the suspension period and notify you of this by email. A permanent block cannot be revoked. Once you have been permanently blocked, you are permanently excluded from participating in the portal and you may not re-register for access to the Carado online portal.

9. Liability

We shall only be liable for breaches of duty or damages in the event of wilful intent or gross negligence for which we are responsible. Claims for damages arising from loss of life, personal injury or harm to health shall remain unaffected by this. Likewise, the statutory liability for rights or obligations essential for the purpose of the contract shall remain unaffected. All obligations concerning the provision of the Carado online portal and the Carado customer card shall be considered essential. Claims for damages resulting from the breach of essential contractual obligations are, however, limited to the foreseeable damage typical for the contract.
Claims for damages against us shall lapse within one year after 31 December of the year in which the claim arose. The statutory limitation periods shall apply to any claims for damages due to loss of life, personal injury or harm to health, in the case of claims under the Product Liability Act, in the case of grossly negligent breach of duty or culpable breach of essential contractual obligations.

10. Final provisions

10.1 Amendments and supplements to these Terms of Use shall be made exclusively by our managing directors or authorised signatories (management) registered as authorised representatives in the commercial register. Oral agreements and declarations made by other persons who have not been specifically authorised to do so by the management shall only be effective if confirmed in writing by the management.

10.2 These Terms of Use and all Carado services are subject to the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG)). 

Last updated: 01/08/2019

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