Terms and conditions for using the Carryroo platform

These Terms and Conditions apply to the use of the digital Carryroo platform via the website, web application or later mobile applications.

The platform provider is EnM Industry GmbH, Dennewartstraße 25, 52068 Aachen, Germany.

Contact: info@carryroo.com, Tel: +49 241 9213 5957.

Managing director / CEO: Dr. Amir Kianfar.

Commercial register: Local Court of Aachen, HRB 23492.

VAT identification number pursuant to Section 27a German VAT Act: DE329957151. Tax number: 201/5956/4943.

These Terms apply to all users of the platform, regardless of whether they use Carryroo as Sender, Courier or in both roles.

In addition to these Terms, the following separate platform documents apply in their current versions:

• Privacy policy
• Prohibited list for documents and items
• Risk notices for Sender and Courier
• Right of withdrawal
• Other platform rules, where expressly displayed or linked on the platform

These documents are made available to users before or during use of the relevant functions. Users must observe these documents. Carryroo may make use of certain functions dependent on users actively confirming the relevant documents.

In case of contradictions between these Terms and more specific platform documents, the more specific rules prevail where they have been validly incorporated.

Carryroo means the operator of the digital platform.

Platform means the website, web application, mobile application or other digital interface of Carryroo.

User means any registered person using Carryroo.

Sender means a user who creates a handoff request or wants to have an admissible document or paper-based content handed over.

Courier means a user who already has an independently planned trip and is willing to take an admissible document or paper-based content along on that existing route.

Recipient means the person or office to whom the Courier is to hand over the admissible content.

Order means a process created and accepted via the platform between Sender and Courier.

Carriage agreement means the agreement on the actual taking along between Sender and Courier.

Prohibited list means the separate document regulating admissible and prohibited documents, items, content and types of use.

Risk notices means the separate document describing material risks for Sender and Courier.

Carryroo operates a digital brokerage platform. Carryroo provides digital functions, in particular:

• Registration and login
• User profiles
• Trip publication by Courier
• Trip search by Sender
• Internal communication
• Request and order management
• Payment processing for subscriptions and platform usage fees through external payment service providers
• Status tracking
• Reviews
• Support
• Dispute handling
• Safety and rule checks

Carryroo does not itself receive, store, transport or deliver documents or items.

Carryroo is in particular not a shipping company, courier service, postal service provider, transport company, carrier, freight forwarder, customs agent, payment institution or insurer.

The actual handover, inspection, taking along, carriage and delivery take place exclusively between Sender, Courier and, where applicable, Recipient.

Carryroo does not guarantee any delivery time, transport success, successful customs clearance, tax exemption, official acceptance or legal admissibility of a particular taking along.

The platform agreement between Carryroo and the user is formed when the user creates an account and accepts these Terms.

Carryroo may require additional active confirmation of the Terms, privacy policy, prohibited list, risk notices or other platform rules during registration, order creation, trip publication, order acceptance, payment or other important usage steps.

Carryroo may technically log these confirmations, including time, user identifier, version of the confirmed document, language, IP address and technical session information.

There is no entitlement to registration, activation, publication of trips, creation of orders or use of particular functions.

Use of essential platform functions requires registration.

The platform may only be used by persons who are at least 18 years old and legally capable of entering into binding agreements.

Users must provide complete, accurate and current information, especially regarding identity, contact, user role, trip, order, payment and other information required for platform use.

Each user may generally maintain only one user account. Transfer of a user account to another person is not permitted without Carryroo's consent.

Users must keep their access credentials confidential and protect their account against unauthorized access.

Carryroo may require email verification, phone number verification, identity checks or other plausibility checks.

Carryroo may reject, restrict, temporarily suspend or permanently delete user accounts if false information is provided, safety risks exist, legal reasons apply, or these Terms or platform rules are violated.

Users may use Carryroo as Sender, as Courier or in both roles where the platform technically permits this.

The general rules of these Terms apply to all users.

The special obligations for Sender additionally apply to Sender.

The special obligations for Courier additionally apply to Courier.

Users who use both roles must observe the duties applicable to each role.

Carryroo may only be used within the scope permitted by the platform.

In the initial phase, use is limited to admissible documents and paper-based content. Details are set out in the separate prohibited list.

All content, items, documents, countries, routes or types of use excluded under the prohibited list must not be offered, requested, accepted or taken along through Carryroo.

Users must observe the current prohibited list before creating, accepting or carrying out an order.

Carryroo may block requests, orders, trip listings, payments, payouts or user accounts if there is suspicion of a violation of the prohibited list.

Use of Carryroo may involve particular risks, especially with cross-border taking along, handover by private persons, false information, customs matters, trip changes, loss, delay, official checks or disputes.

These risks are described in more detail in the separate risk notices for Sender and Courier.

Users must read and observe the risk notices before using the relevant functions.

Carryroo may make creation of a request, publication of a trip, acceptance of an order or payment dependent on users actively confirming the risk notices.

Courier may only publish trips that are actually planned and already exist independently of a specific Carryroo carriage.

Publishing invented, misleading or solely carriage-order-based trips is prohibited.

Courier must keep trip information complete, accurate and current.

Courier must notify changes, delays, trip cancellations or cancellations without undue delay via the platform.

Carryroo may review, edit, restrict, deactivate or delete trip listings where required for legal, safety, technical or operational reasons.

Sender may search published trips and submit a carriage request.

The Sender must provide complete, accurate and understandable information about the content, handover data and other order-relevant details.

The Sender must not provide false, incomplete or misleading information.

The Sender must allow the Courier to inspect the content to the extent legally and practically permissible.

The Sender is responsible for ensuring that the content is admissible under the prohibited list and does not violate legal provisions or platform rules.

A carriage request by the Sender is initially non-binding.

An order is formed when the Courier accepts the request or Sender and Courier reach agreement via the platform on the essential terms and the platform confirms the order accordingly.

The actual carriage agreement is formed exclusively between Sender and Courier.

Carryroo is not a party to the carriage agreement.

Carryroo does not owe the actual taking along, carriage, safekeeping, customs clearance or delivery.

Carryroo merely provides the technical and organizational platform functions.

The Sender must in particular hand over only content admissible under the prohibited list, describe the content completely and truthfully, allow permissible inspection by the Courier, correctly state handover place, handover time and recipient data, inform the Courier about relevant circumstances, comply with the Terms, prohibited list and risk notices, observe all applicable legal provisions, avoid use to circumvent legal obligations, pay the agreed price and displayed fees, and cooperate in handover, receipt confirmation, cancellation and dispute handling.

The Sender is responsible for false, incomplete or misleading information.

The Sender bears responsibility for damages, costs, fees, penalties, claims or other disadvantages arising from false information, prohibited content, inadmissible use or violation of legal provisions, to the extent permitted by law.

The Courier must in particular publish only genuine and already independently planned trips, keep trip information complete, accurate and current, accept orders only if the Courier can and wants to carry them out, reasonably inspect the content before acceptance or at the latest at handover, reject content if it is unclear, suspicious, not inspectable or prohibited under the prohibited list, promptly communicate changes, delays, trip cancellations or cancellations, handle accepted content carefully, update status information truthfully, hand over content only to the agreed person or office, cooperate in disputes and refrain from circumventing the platform or platform fees.

The Courier acts independently and on the Courier's own responsibility.

Use of Carryroo does not create an employment relationship, freelance employee relationship, commercial agent relationship, corporate relationship or integration into Carryroo's business.

Carryroo does not guarantee the Courier any orders, income, specific payout amount or utilization.

The Courier is responsible for correct tax treatment of income from platform use where legally required.

The Sender must enable the Courier to inspect the content at handover to the extent legally and practically permissible.

The Courier may reject taking along if doubts exist regarding admissibility, safety, description or legality of the content.

The Courier may also reject taking along if the content cannot be inspected, differs from the description or may violate the prohibited list, risk notices, Terms or legal provisions.

A Sender has no claim that a Courier accepts content.

Sender and Courier are themselves responsible for checking and complying with all legal provisions applicable to them and to the relevant order.

This concerns in particular customs, import, export, tax, sanctions, safety, airline and local rules in the departure, transit and destination country.

Carryroo does not check these rules in individual cases.

Carryroo does not guarantee that a specific taking along, content, route or destination country is legally admissible.

Users must not use Carryroo to circumvent legal, official, customs, tax or safety-related obligations.

Use of certain platform functions may require a paid subscription or the purchase of a usage package offered by CarryRoo.

The type, scope and price of the available subscriptions or usage packages are displayed to the user before entering into the paid agreement.

By purchasing a subscription or usage package, the user receives a number of CarryRoo points determined by CarryRoo. The number of points required to use individual platform functions, in particular to create requests or trip listings, is displayed within the platform.

CarryRoo points serve exclusively to use the platform functions offered by CarryRoo. In particular, they do not constitute compensation for taking along, transporting or handing over documents.

CarryRoo points are valid for one year from allocation. Points not used within this period expire at the end of their validity, unless statutory provisions prevent this.

Payments for subscriptions, usage packages and other platform fees charged by CarryRoo are processed through external payment service providers approved by CarryRoo.

CarryRoo does not itself provide payment services requiring a licence unless it holds the relevant licence.

Unused CarryRoo points generally cannot be redeemed for money or transferred between users, unless CarryRoo provides otherwise or statutory entitlements exist.

Compensation for the actual taking along is agreed exclusively between Sender and Courier.

CarryRoo is not a party to this compensation agreement and neither receives nor holds the compensation intended for taking along, nor pays it out to the Courier.

The Courier may request compensation for the agreed taking along. The amount, due date and payment method are agreed between Sender and Courier.

Unless Sender and Courier have agreed otherwise, the agreed compensation may become due upon personal handover of the documents to the Courier.

Sender and Courier may settle the compensation, in particular, in cash, by bank transfer or through another payment method agreed between them, provided it is legally permissible.

The compensation for taking along agreed between Sender and Courier is completely separate from the subscription, points or platform fees payable to CarryRoo.

CarryRoo does not guarantee that compensation agreed between Sender and Courier will actually be paid and is not responsible for collecting outstanding claims between users.

However, users must not circumvent CarryRoo functions, subscriptions or required CarryRoo points by deliberately continuing contacts initiated through the platform outside the platform in order to avoid platform fees owed to CarryRoo.

Sender and Courier may cancel or terminate requests or agreed taking along in accordance with these Terms and the platform rules displayed at the time.

A Sender may generally withdraw a request that has not yet been accepted.

A Courier may reject a request. Taking along that has already been accepted may in particular be terminated for an objective reason, for example if the actual content differs from the Sender’s description, the content cannot be inspected, prohibited content is suspected or the trip cannot be carried out as planned.

Cancellation or non-performance of taking along generally does not automatically result in a refund of CarryRoo points already used for a platform function. Points are used for the provision and use of the respective platform function, rather than for the success of taking along.

However, CarryRoo may provide in its platform rules that points are credited in certain cases, in particular in the event of technical platform errors, a block imposed by CarryRoo without fault on the user’s part, or comparable cases.

The compensation for taking along agreed between Sender and Courier is independent of CarryRoo points and platform fees. Whether compensation already paid must be refunded in the event of cancellation is generally governed by the agreement between Sender and Courier and statutory provisions.

CarryRoo may block or terminate requests, trips or platform processes and restrict user accounts or functions in the event of a violation of these Terms, the prohibited list, risk notices or statutory provisions, or a corresponding justified suspicion.

Details concerning the use, validity, crediting or expiry of CarryRoo points, as well as subscriptions and usage packages, may be governed by supplementary platform rules.

Sender and Courier must update status information truthfully and in good time.

Carryroo may define technical status steps, in particular for request, acceptance, payment, handover, taking along, delivery, receipt confirmation, cancellation, dispute and completion.

Carryroo may automatically cancel or restrict orders if required actions are not taken within the displayed period.

Sender and Courier must cooperate in carrying out, clarifying and documenting the order.

Users should conduct communication regarding requests and orders through the platform.

Communication outside the platform may result in missing evidence and disputes not being processable or only being processable to a limited extent.

Users must not ask other users to circumvent the platform, circumvent fees, perform unlawful acts or carry prohibited items.

Carryroo may store communication histories to the extent legally permissible and use them for safety, support, dispute handling, abuse prevention and legal enforcement.

Details are set out in the privacy policy.

A dispute may be opened if Sender, Courier or Carryroo identifies a problem relating to an order. During a dispute, Carryroo may block the order and request further evidence. Sender and Courier must cooperate in resolving the matter and provide truthful information.

Carryroo may make a decision for platform processing, in particular regarding release, refund, blocking, review or restriction.

Carryroo does not replace a court and is not obligated to finally resolve complex civil-law disputes between Sender and Courier. The statutory rights of users remain unaffected.

After completion of an order, Sender and Courier may review each other. Reviews must be truthful, factual and based on personal experience. In particular, false, insulting, discriminatory, unlawful, manipulative or confidential content is prohibited.

Carryroo may check, restrict, hide or delete reviews if they violate these Terms, platform rules, personality rights or laws.

Carryroo may create internal trust and risk scores to manage safety, quality, abuse prevention and access to functions. Details concerning the processing of personal data are set out in the privacy policy.

Users may post content on the platform, such as profile information, trip listings, requests, messages, reviews or other information.

Users are responsible for their content.

Users must not post content that is unlawful, false, misleading, insulting, discriminatory, harmful, confidential, copyright-infringing or otherwise inadmissible.

The user grants Carryroo a simple, geographically and temporally appropriate right of use to store, technically process, display, transmit and use content posted by the user to the extent necessary for platform operation, order performance, safety, support, dispute handling, abuse prevention or legal enforcement.

Carryroo may remove, hide or restrict user content if it violates these Terms, platform rules or legal provisions.

All rights in the platform, in particular trademarks, names, logos, designs, texts, software, databases, user interfaces, functions and other platform elements, belong to Carryroo or the respective rights holders.

Users receive only the right to use the platform within the scope of these Terms.

Users must not copy, recreate, modify, decompile, reverse engineer, automatically read, commercially misuse or use the platform for competing purposes unless expressly permitted by law.

Users must not use the platform abusively or in a technically disruptive manner.

Prohibited uses include automated scraping, bots, crawlers or other automated access without consent, circumvention of security measures, overloading the platform, manipulation of payments, reviews, status information or search results, introduction of malware, unauthorized access to user accounts, data or systems, and use of the platform for spam, advertising or inadmissible contact.

If technical abuse is suspected, Carryroo may block access, restrict user accounts and review legal action.

Carryroo may warn users, restrict functions, remove content, deactivate trip listings, block orders, withhold payouts, temporarily suspend user accounts or permanently exclude users if there is an objective reason.

Objective reasons include false information, use of false identities, violation of these Terms, violation of the prohibited list, violation of risk notices, fraud suspicion, payment problems, chargebacks, abuse of the platform, fee circumvention, repeated cancellations, safety risks, harassment of other users, unlawful use, and official or legal reasons.

In case of serious violations, Carryroo may block or terminate the user account without prior warning.

Users may generally terminate or have their user account deleted at any time, provided that no open orders, disputes, payment processes, statutory retention obligations or legitimate interests of Carryroo conflict with this.

Deletion of the user account does not automatically lead to deletion of all data where legal obligations, evidence interests or open processes require further storage.

Details are set out in the privacy policy.

Personal data is processed in accordance with the separate privacy policy.

Users may use personal data of other users only for the relevant order and only to the extent legally permissible.

Disclosure, publication or misuse of contact data, trip data, recipient data, communication content or other personal data of other users is prohibited.

Where Carryroo uses external service providers, data protection contracts required by law are concluded, in particular data processing agreements under Art. 28 GDPR where the service provider acts as processor.

Carryroo has unlimited liability for intent and gross negligence.

Carryroo also has unlimited liability for injury to life, body or health and under mandatory statutory provisions.

In case of slight negligence, Carryroo is liable only for breach of material contractual obligations. Material contractual obligations are obligations whose fulfillment makes proper performance of the platform agreement possible and on whose observance users may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract.

Carryroo is not liable for actual taking along, handover, safekeeping, carriage, delay, damage, loss, customs clearance, tax treatment, official check or delivery by Sender, Courier, Recipient, authorities, airlines, postal services or other third parties unless Carryroo is legally responsible.

Carryroo is not liable for false information, breaches of duty, unlawful acts or other conduct of users.

Carryroo is not liable for the legal admissibility of a particular taking along, content, route or destination country.

Liability under mandatory statutory provisions remains unaffected.

Sender and Courier are themselves responsible for performance of the carriage agreement concluded between them.

Claims for loss, damage, delay, non-handover, false content information, prohibited content, costs, fees, penalties or other damages must generally be resolved between Sender and Courier unless Carryroo is legally responsible.

Carryroo may mediate within the platform rules or make a decision for platform handling. This does not mean Carryroo guarantees the outcome of the dispute or assumes general liability for the carriage agreement.

Users indemnify Carryroo to the extent legally permissible against third-party claims arising because the user violates these Terms, the prohibited list, the risk notices, legal provisions or third-party rights.

This applies in particular to claims based on false information, prohibited content, unlawful use, violation of customs, tax, import, export, sanctions or safety rules, violation of personality rights, data protection violations, copyright infringements or other breaches of duty.

The indemnification also includes reasonable costs of legal defense to the extent the user is responsible for the violation.

Carryroo may integrate third-party services, in particular payment service providers, hosting providers, communication services, verification providers, analytics or support services.

Additional terms and privacy notices of the respective providers may apply to third-party services.

Carryroo is not responsible for availability, content, security, terms or privacy practices of external services unless Carryroo is legally responsible.

Where users are consumers, statutory consumer rights apply.

Carryroo provides legally required consumer information and withdrawal instructions separately where required.

Withdrawal from Carryroo generally concerns the platform agreement or a platform service booked with Carryroo.

The carriage agreement concluded between Sender and Courier may be subject to its own statutory rules. Carryroo is not a party to this carriage agreement.

If a platform service begins immediately at the user's express request, a statutory right of withdrawal may expire or be restricted under the statutory requirements. Carryroo will inform users separately about this where required.

Carryroo endeavors to operate the platform reliably.

Uninterrupted availability at all times is not guaranteed.

Carryroo may temporarily restrict the platform where required for maintenance, safety, technical disruptions, updates, abuse prevention or force majeure.

Carryroo is liable for technical outages only in accordance with the liability provisions of these Terms.

Carryroo may further develop, change, restrict or discontinue platform functions where required for technical, legal, regulatory, safety-related, operational or economic reasons.

Carryroo may amend these Terms where objective reasons exist, in particular changes in law, case law, platform functions, payment processing, safety requirements or business processes.

Carryroo may also amend the separate platform documents, in particular the prohibited list, risk notices, privacy policy and payment, cancellation and refund rules.

Carryroo informs users about material changes in an appropriate manner.

Carryroo may ask users to actively accept amended Terms or platform rules again.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

For consumers, this choice of law applies only insofar as it does not deprive them of mandatory consumer protection provisions of the country in which the consumer has their habitual residence.

If the user is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction is the registered seat of Carryroo.

If individual provisions of these Terms are or become invalid, the validity of the remaining provisions remains unaffected.

Invalid provisions are replaced by statutory provisions.

Side agreements require text form to the extent legally permissible.

Carryroo may transfer rights and obligations under the platform agreement to a legal successor or affiliated company, provided that legitimate interests of users are not unreasonably impaired.