Terms & Conditions
1. Applicability
1.1 These terms and conditions ("terms") are applicable to the registration contract between WagonBank and the registrant (“registrant”). They concern all legal relationships between WagonBank and its registrants, as well as to the use of the WagonBank website. By accessing, browsing or visiting www.wagonbank.com you acknowledge that you have read and understood this terms and agree to be bound by the terms. A registrant is a natural person or a company (corporation) being represented by one or more natural persons. All natural persons who are allowed to represent the company on the website are to be understood being included within the term “registrants”, when used in the Terms, the Marketplace Rules and the Security and Privacy rules.
1.2 WagonBank is a market place for shippers from industry and trade, forwaders, railway companies, operators, transshipment companies and ports, shipping companies, terminals and other companies and persons active in the rail cargo market. By accepting the applicability of the Terms, the registrant guarantees that she/he will fully comply with the Marketplace Rules.
1.3 By accepting the applicability of the Terms & Conditions, the registrant and/or visitor ("Visitor")
of WagonBank also confirms that she/he accepts the applicability Market Place Rules of the Security and Privacy Rules.
2. Registration
2.1 By filling in and sending the registration form to WagonBank, the applicant makes an offer to conclude a registration contract with WagonBank. The registration contract becomes effective after WagonBank has confirmed the acceptance of the offer by the applicant to conclude the registration contract and activated users account. WagonBank reserves the right to refuse to conclude a registration contract with any person or entity on the basis that this person or entity fails to prove that data filled in his user profile are accurate and true, if he/she was making false inquiries on WagonBank website before and was banned from it or in if it seems reasonable to expect that this person or entity might harm the interest of WagonBank or one or more of it’s registrants.
2.2 The applicant and/or the registrant guarantees that the information provided through the registration contract and all other information provided to WagonBank and/or any registrants, all related to the website, is accurate and correct. With registration the registrant agrees, that the Terms and conditions, market place rules and safety and privacy rules for WagonBank.
2.3 WagonBank reserves the right to alter the content of the website, the Terms, the Marketplace Rules and the Security and Privacy Rules. WagonBank will notify the registrant of any alteration of the Terms, the Marketplace Rules and the Security and Privacy Rules through e-mail. If the registrant has not made an objection in writing to the alteration of the Terms, the Marketplace Rules and the Security and Privacy Rules within 14 days after receiving the notification by WagonBank, the registrant is considered to have accepted the applicability of these altered Terms, the Marketplace Rules and the Security and Privacy Rules. WagonBank is entitled to terminate the registration contract if the registrant objects the alteration of the Terms, the Marketplace Rules and the Security and Privacy Rules.
2.4 The term of the registration contract is indefinite. The registrant is entitled to terminate the registration contract at any time at one-months’ notice, provided that the registrant has fulfilled all of his obligations under the Registration Contract.
2.5 WagonBank is entitled to terminate the registration contract with immediate effect if:
a) the registrant misuses WagonBank or does not comply with any article of the registration contract, the Terms, the Marketplace Rules or Security and Privacy Rules;
b) a petition for a suspension on payments or a bankruptcy petition has been filed against the registrant;
2.6 WagonBank is fully entitled to transfer its rights under the registration contract to a third party or to have a third party perform its obligations under the registration contract. The registrant is not allowed to transfer the registration contract or the rights and obligations under the registration contract to a third party without the prior written approval of WagonBank
2.7 The registrant is entitled to use WagonBank only if he is legally able to make binding contracts under the applicable law. The first user registering for a company, is registered as a company administrator (Superuser). The superuser can grant new users for using WagonBank, or remove registrants (of his company) by reporting it to WagonBank. The superuser guarantees that he will only allow users to use the market place that are entitled to represent the registrant.
2.8 The registrant is responsible for keeping logins (usernames) and passwords secret. The registrant is not allowed to supply these passwords to any third party. The registrant is responsible for all her/his acting on WagonBank and for paying all fees connected with the use of the marketplace, unless such use is imputable to WagonBank.
3. Market place
3.1 The market place is only open to registrants. For details please check the Marketplace Rules.
3.2 WagonBank will act to all its abilities to make sure the marketplace functions appropriately. However, no warranty whatsoever can be given as to the proper functioning and availability of WagonBank and/or the marketplace. WagonBankis not obliged to fulfil any of its obligations in cases of force majeure, such as interruptions of the internet, flaming, spamming, hacking or a failure of the energy supply.
4. Liability and indemnity
4.1 All information contained on, distributed through or linked, downloaded or accessed from WagonBank is provided without any guarantee of any kind. Some information on WagonBank comes from third parties. The responsibility for this information lies with the specific third party. WagonBank disclaims all express, implied and statutory warranties of any kind to any party including warranties as to the truth, accuracy, availability or completeness of the information provided on the website and as to the quality, accuracy or fitness for a particular purpose. WagonBank shall under no circumstances be liable for any errors or omissions of the information on the Website.
4.2 WagonBank disclaims all express, implied and statutory warranties as to the quality of any products, services or other materials displayed, purchased as a result of an advertisement or any other information or offer on WagonBank.
4.3 WagonBank is not liable for any direct, indirect or consequential damages that result from the use of WagonBank and/or the marketplace, unless such damage is the result of gross negligence or the intention of WagonBank.
4.4 WagonBank is not involved in any transactions between registrants. In case of any dispute between registrants or any dispute related to the marketplace, registrant(s) shall indemnify and hold WagonBank harmless from any claims, demands and damages of every kind and nature, arising out of or in any way connected with such disputes, unless such claim or damage is the result of gross negligence or the intention of WagonBank.
4.5 The total amount of damages to be paid by WagonBank shall in any event not exceed the total amount of subscription fees paid by registrant within the last six months before the date of the occurring event.
5. Subscriptions
5.1 Registration to WagonBank is free of charge.
5.2 WagonBank reserves right to introduce subscription fee at one-month notice.
6. Evidence
Registrant accepts the correctness of the administration of WagonBank for all aspects concerning the use of the website and consequential obligations, unless the contrary is proved by the registrant.
7. Intellectual Property
7.1 The copyright on the website and all its content, including text, graphics and software, as well as the arrangement and compilation thereof, belongs to WagonBank. No part of the website may be published, reproduced, made available or modified in any form by any means without the prior written consent of WagonBank. The website may not be framed or linked to another internet site without the prior written consent of WagonBank.
7.2 The website contains several databases. It is not allowed to extract, copy or re-utilize parts of the content of the databases for commercial purposes.
Market Place Rules
1. Applicability
The Marketplace Rules are applicable to all transactions held on the website www.wagonbank.com (WagonBank). By applying for registration and usage of the Website, the user acknowledges having read, understood and agreed to be bound by the Marketplace Rules, notwithstanding the applicability of the WagonBank Terms (“Terms”).
2. Eligibility
The marketplace is open for registered users (“registrants”) only. Every registrant is obliged to have an own user account.
3. Neutrality
WagonBank does not support, encourage or recommend any specific registrant. WagonBank is not involved in the communications between the registrants on the marketplace, nor is WagonBank involved in the transactions between the registrants on the marketplace.
4. Responsibility
WagonBank is not responsible for the quality, safety or legality of information or data provided by a registrant. WagonBank does not verify whether the information provided by a registrant is correct, nor does WagonBank verify whether a registrant fulfils its obligations under a contract established in a transaction. WagonBank encourages its registrants to verify the suitability of a potential contracting party before participating in a transaction or before establishing a contract with one of the registrants.
5. Behaviour
a. The Registrant is obliged to perform all activities on the marketplace in good faith. It is strictly prohibited to manipulate a tender the registrant is involved in.
b. WagonBank is entitled to exclude the registrant from the marketplace and/or the Website in case the registrant misuses the website or does not comply with any article of the Registration Contract, the Terms or the Marketplace Rules.
Security and Privacy Rules
1. General
WagonBank is firmly committed to protect your privacy. This Security and Privacy Rules indicates what information WagonBank collects about a registrant or a visitor of WagonBank and what may happen to that information.
2. Applicability
By accessing, browsing or using WagonBank you acknowledge that you have read, understood and agreed to be bound by the Security and Privacy Rules, notwithstanding the applicability of the Terms and the Marketplace Rules.
3. Privacy
3.1 WagonBank collects, stores and gathers information ("the Data") relating to the registrant, as well as the company administrator of the registrant, the superusers of the registrant and any other visitors of WagonBank (hereafter collectively referred to as "Users"). This concerns the Data submitted by the users. WagonBank also monitors the behavior of the users with regard to the information read through WagonBank and the forms used. WagonBank uses "cookies" in order to keep track of the visits of its users. This way WagonBank is able to provide tailored information through WagonBank. WagonBank also reserves the right to use the Internet Protocol addresses to help identify Users and to improve the performance of WagonBank.
3.2. WagonBank processes the Data in order to:
a. determine whether it wants to conclude a registration contract with the applicant;
b. organize the market place;
c. fulfil its obligations under the Registration Contract, the Terms and the Marketplace Rules.
3.3. WagonBank will also process the Data in order to inform the User about news, information and services related to the rail cargo and transport industry and the internet.
3.4. For general information, WagonBank has the right to provide registrants with anonymized data from WagonBank. WagonBankwill never provide detailed data coming forth from actions placed on WagonBank.
4. Confidentiality
4.1 WagonBank will make every reasonable effort in order to keep all information with regard to the Registrants and the Users strictly confidential, unless indicated otherwise in the Registration Contract, the Terms, the Marketplace Rules or the Security and Privacy Statement. WagonBank reserves the right to disclose any information in order to comply with a legal obligation or in order to prove the indebtedness of a fee.
4.2. Staff and management of WagonBank have signed non-disclosure statements for all Data for and about activities, users and companies they get information about during there employment at WagonBank and for 12 month after the end of an employment.
4.3. WagonBank is entitled to publish information about the registrant as provided by the registrant on the website.
5. Security
5.1 WagonBank has taken extensive security measures to prevent the loss, misuse, alteration or destruction of the information provided by its registrants and users.
5.2. The registrant or User is responsible for keeping his passwords secret. The registrant or User is not allowed to supply his passwords to any third party (see article 2.8 of the Terms).