Terms and Conditions
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Introduction
This document outlines the Terms and Conditions (AGB) for the use of the ATS application, a software platform designed to facilitate connections between transport companies and users for the purpose of vehicle transportation. ATS operates solely as a connection platform and does not participate in the actual transport of vehicles.
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Limitation of Liability
ATS is not liable for any incidents, problems, loss, damage, or theft that may occur to vehicles during transport arranged through the application. As a facilitator, ATS does not assume any responsibility for the actions of third-party transport companies or users. All users and companies agree to indemnify and hold ATS harmless from any claims or damages resulting from their use of the application.
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Data Protection
User and transport data are stored securely in Google Databases and are only accessible to authorized personnel or government entities as required by law. ATS is committed to protecting the privacy and security of all data processed through the application.
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Transaction Fee
A fee of 8% of every transaction facilitated through the ATS application is reserved for the maintenance of the ATS software and for compensating the employees of the company. By using the application, users agree to this transaction fee.
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User Agreement
Users must agree to these Terms and Conditions by checking a designated box within the application, confirming their understanding that ATS serves only as a connection tool for users and transport companies. Users are responsible for making payments via Visa Card through the Stripe online payment system. Payments are held in escrow in our database until the user confirms that the transport has been completed, at which point funds are released to the transport company.
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Payment and Transaction Security
All transactions made through the ATS application are processed using Stripe, a secure online payment system. Users agree to provide accurate and lawful payment information for all transactions. ATS is not responsible for any unauthorized use of payment information or any financial losses related to fraudulent transactions.
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Jurisdiction and Legal Compliance
The ATS application operates under the laws of Switzerland and the European Union. Users and transport companies agree to comply with all applicable laws and regulations in their use of the application. ATS is not responsible for any non-compliance by users or transport companies with local, national, or international laws.
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Amendments to Terms and Conditions
ATS reserves the right to modify these Terms and Conditions at any time. Users will be notified of any changes and must agree to the updated terms to continue using the application.
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Acceptance of Terms
By using the ATS application, users and transport companies expressly accept and agree to be bound by these Terms and Conditions in full. Users who do not agree to these terms should not use the ATS application.
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Service Scope Clarification
ATS operates exclusively as a platform to connect users with vehicle transport companies. It does not directly provide transportation services, own vehicles, or employ drivers. The role of ATS is limited to facilitating connections between users and third-party service providers.
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No Warranty
ATS does not guarantee the quality, safety, legality, or any other aspect of the services provided by third-party transport companies. No warranty, express or implied, is offered regarding the accuracy, reliability, or appropriateness of the services for specific purposes.
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User Responsibility
Users are responsible for verifying the credentials, insurance coverage, and service quality of the transport companies they choose to engage with through the ATS platform. ATS is not liable for any discrepancies or failures in service provision by third-party companies.
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Release of Liability
By using ATS, users release the platform from any claims, damages, and demands of any kind, known or unknown, arising out of or in any way connected with such disputes with third-party service providers.
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Dispute Resolution
Any disputes between users and transport companies must be resolved directly between the involved parties. ATS is not obligated to mediate or resolve any disputes, though it may provide assistance at its sole discretion.
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Limitation of Damages
In no event shall ATS be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the platform; (ii) any conduct or content of any third party on the platform; (iii) any content obtained from the platform; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not ATS has been informed of the possibility of such damage.
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Indemnification
Users agree to defend, indemnify, and hold harmless ATS, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the platform or services, or your violation of these Terms.
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Governing Law & Jurisdiction
These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Users agree to submit to the personal jurisdiction of the courts located in Switzerland for litigating all such disputes.
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Modification of Terms
ATS reserves the right, at its sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at ATS's sole discretion. Users are advised to review the Terms periodically for any changes.
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Entire Agreement
These Terms constitute the entire agreement between ATS and the users regarding the platform service and supersede and replace any prior agreements we might have had between us regarding the service.