Terms of Use for the “TruckOn” Platform for Auto Repair Shops

Section 1: General Description of the TruckOn Platform

Thank you for choosing our TruckOn mediation platform, which is provided by Continental Automotive GmbH (hereinafter referred to as “Continental”). This mediation platform gives auto repair shop owners the chance to showcase their commercial vehicle services regionally and nationwide. Whether the oil needs changing or the tachograph needs checking, this platform allows you to reach out to not only fleet operators and individual drivers at your company headquarters, but also to anyone who is traveling nearby.

Auto repair shops that register on the platform can offer a range of predefined services for fleets and can decide for themselves which services are to be offered for which vehicles and at what price.
Fleets can use the search function to search for service offerings within a specific radius. The search results – but not the final prices – are displayed to the fleets. To view the prices and book a service for the specified price at a workshop, you have to register on the platform.

The contract for repair or service work is concluded between your auto repair shop and the fleet customers. In this context, Continental acts only as a mediator between you and your fleet customers. As an auto repair shop partner, you are responsible for the services offered as well as for ensuring that the information you provide is complete and implemented to a high standard.

 

Section 2: Requirements Regarding the Auto Repair Shop

To offer services on TruckOn, your auto repair shop must fulfill the following criteria:
Legal requirements:

  • The auto repair shop is registered in the European Business Register.
  • Submission of a document certifying that the company is officially registered (e.g. trading license or similar).
  • The auto repair shop has a VAT number (tax number).
  • The general terms and conditions of business of the auto repair shop have been defined and can be uploaded for publication on TruckOn.
  • The opening times comply with the country-specific standard, although the auto repair shop should be open at least 5 days a week for 8 working hours.

Commercial requirements:

  • The entrance to the auto repair shop hall is at least 4 m high and 3.5 m wide, i.e. suitable for commercial vehicles.
  • The pit and/or lifting platform fulfill the safety requirements for commercial vehicles.
  • The machinery and equipment used in the auto repair shop is suitable for performing all of the work arising in connection with the services offered (e.g. certified test equipment for checking the tachograph, certified diagnostic tools for trucks and trailers).
  • Your employees must have completed country-specific training and possess the necessary additional qualifications for performing the services offered and, if necessary, issuing the required certificates.


Section 3: Concluding Contracts on TruckOn

The contract for repair or service work is concluded between you and the fleet customers. In this context, Continental acts only as a mediator between you and your auto repair shop partner.

As an auto repair shop, you are obligated to publish your general terms and conditions of business on TruckOn. It must be possible for these to be downloaded and viewed at any time with Adobe/Acrobat Reader or a similar program for opening PDF files.
Settlement of booked services is performed by you – the auto repair shop – in accordance with your general terms and conditions of business.

As an auto repair shop, you are responsible for the legally compliant handling of your fleet customers’ data. As an auto repair shop, your general terms and conditions of business (data protection provisions) obligate you to handle the personal details of your fleet customers in a legally compliant manner.

 

Section 4: Using TruckOn

Use of the free-of-charge TruckOn mediation platform is subject to the following:

You have created a user account (see Section 4 1. below);
You have agreed to the terms of use, which you have read carefully in advance;
You have selected a service package (see Section 4 3. below);
When registering, you are obligated to ensure that all the information you provide is truthful and to inform Continental immediately if you make any subsequent changes to this information.

1. Registering on TruckOn
To register, you need to give your name, the name of the auto repair shop, the VAT number (tax number), your e-mail address and your desired password. You also need to indicate whether or not you want to subscribe to the newsletter (you can, of course, cancel your subscription at any time).
Once you have entered and confirmed your details, the system checks whether the VAT number you have entered is valid and whether your e-mail address is already registered.

If all the details are correct, you have to read and confirm the terms of use and Continental’s data protection provisions. Registration is now complete. Next, Continental/the Continental country office responsible for your auto repair shop checks your details and, if they are in order, grants you access to the platform. If they have any questions about the details you have provided, they will contact you by e-mail. Once you have successfully registered, you will receive a confirmation e-mail containing your access details and a link to the TruckOn login page.

Once you have registered, you have to confirm that your login details work by clicking the link in your confirmation e-mail. In the login window, log in to TruckOn with your user details.

2. TruckOn security
When you finish your session on TruckOn, you must always make sure that you log out.
If you become aware that third parties are misusing your user details, inform Continental immediately in writing, if necessary with a simple e-mail to begin with. Protect your user account by keeping your password confidential. You are responsible for all activities in and relating to your user account. If at all possible, do not also use your user account password for third-party offers.

You can request in writing the deletion of your registration at any time providing that this is not precluded by any transactions as part of ongoing contractual relationships. Continental will delete all user details and any other personal data relating to the user. Further information about how your personal data is handled when you use TruckOn can be found in our footer [data protection_data protection information for auto repair shops].

3. Selecting the service package
As the auto repair shop manager, you must be logged into TruckOn. The auto repair shop manager is the auto repair shop employee who registered on the platform. As the auto repair shop manager, you can add further users with restricted user rights (see Section 4 9.3 “Users”).

Use of the mediation platform is subject to charge. During registration, select which service package you would like to book. The monthly fee that you have to pay depends on the service package that you have booked. As an auto repair shop partner, you currently have the choice of two service packages:

“Basic” with the following functions:

  • Standard search
  • Profile for one location
  • Calendar overview
  • Definition of standard services
  • Definition of standard prices

“Pro” with the following functions:

  • Advanced search
  • Profiles for up to 5 locations
  • Calendar overview, including management of own services
  • Definition of additional work for each service
  • Ability to offer and set discounts for specific customers
  • Advertising for services via TruckOn
  • More affordable price per booking

You can upgrade from “Basic” to “Pro” (but not from “Pro” to “Basic”) at any time. The prices for the individual service packages can be found on the TruckOn website https://www.truckon.com.
If any changes are made to the service packages or new services packages are to become available, you will be informed of this on the TruckOn website and in a newsletter (provided you have not unsubscribed). You will receive an invoice for the booked service package from Continental every month.

4. Entering the billing address and bank details
During registration, enter your billing address and bank details.
Your bank details are mandatory in some countries and optional in others. In this respect, check the legal requirements in your country.

5. Entering information about your auto repair shop
During registration, you can enter additional information about your auto repair shop. For example, you can upload pictures of your auto repair shop or define the specific vehicle brands served by your auto repair shop.
By uploading images, you expressly declare that you are the owner of the copyrights on these images and that these images do not violate any third-party rights. The auto repair shop shall indemnify Continental against any and all third-party claims in the event that any third-party rights are violated.

During registration, you can also enter the opening times and location of your auto repair shop.

6. Uploading the general terms and conditions of business
When a fleet customer books a service, this creates a business relationship between your auto repair shop and the fleet customer. You must therefore make the general terms and conditions of business available to the fleet customer, which you can do by uploading them as a PDF file during registration. Your general terms and conditions of business may not contradict these Continental terms of use.

7. Selecting the services
During registration, you can define which of the services you want to offer your fleet customers in your auto repair shop. The following services are currently available to you:

  • Vehicle safety check
  • Oil service
  • Legally required tachograph check
  • Vehicle diagnosis
  • Regular vehicle inspections

These services are the currently available standard services as defined by Continental. Continental reserves the right to define further standard services, which you can then assign to your auto repair shop (see Section 4 9. “Account for the auto repair shop manager”). Once you have selected a service, you can specify detailed information about it. You can enter a description of the service, specify how much time is needed for the service or select individual activities included in the service. If you have selected the “Pro” package, you can define additional services that you would like to offer in conjunction with the standard service.
The additional services must be related in terms of content to the standard service. You may not define any additional services that are not related in terms of content to the standard service.
Continental will charge you a fee for each service booked by a fleet customer. This fee will be invoiced monthly (https://www.truckon.com).
Continental shall not be held liable for the services you offer. You are personally responsible for describing and performing the services and for settling the cost of the services with the fleet customer.

8. Setting prices
During registration, you can set the prices for the services you offer.
For a service, you can:

  • set the prices on a brand- and model-specific basis
    (different prices apply depending on the brand and/or model)
  • set a fixed price
    (the same price applies for all vehicles)
  • set a fallback price
    (this price applies for all vehicles for which no brand- or model-dependent price has been defined)

When pricing, note that the services offered and their prices can be seen by every registered fleet on TruckOn.
Once you have set the prices, your user profile is complete. The system then displays a preview of your profile.

9. Account for the auto repair shop manager
To use the auto repair shop account, you must be registered as the auto repair shop manager on TruckOn.
 
On this page, you can manage the auto repair shop appointments, change/update your locations, manage users, make settings for services and discounts as well as view and define settlement details.

9.1 Appointments
In this area, you can view all of the appointments booked for your auto repair shop by fleet customers and call up detailed information about the appointments.
To display all of the appointments over the past 24 hours that you can record as “no shows,” press “No Show.” “No show” means that you will not be charged for the service booked by a fleet customer, for example if the fleet customer failed to attend the appointment and/or did not make use of the service. A service can be recorded as a “no show” any time up to the start of the next settlement period. A new settlement period starts on the seventh day of every month.
If an excessive number of services are recorded as “no shows” within one settlement period, Continental reserves the right to audit the auto repair shop and also to charge for the services.

9.2 Locations
In this area, you can manage the settings for the locations of your auto repair shops. You can also read reviews that fleet customers have posted on TruckOn about your auto repair shop. If you have the “Pro” service package, you can manage up to five locations on TruckOn. The “Basic” service package allows you to manage only one location.

9.3 Users
In this area, you can manage the user profiles registered to your account. You can create new users and define which user rights they have. You can also restrict user access rights to individual locations.

9.4 Services
This area displays all of the services that your auto repair shop offers. You can add further standard services – predefined by Continental – at any time (see Section 4.7 “Selecting the services”). You can also change your prices, change details of existing services or delete previously selected services. If a fleet customer books one of your services, you are informed of this booking in the auto repair shop manager area on TruckOn (fleet customer, appointment and service).

9.5 Offers
This function is available only with the “Pro” service package. In this area, you can offer your services at a discounted price for a limited period of time.
You can create two types of offers for your services:

Service offers
These offers apply to all fleet customers – for example, “10% discount on all oil changes from July 1 to July 15.” The standard prices do not apply during this period.

Fleet offers
These offers can be made to specific fleet customers who have already booked a service once before. These fleet customers are displayed in a drop-down menu when you formulate the fleet offer.

9.6 Settlement overview
This area provides an overview of the revenue you have made via TruckOn and a graph showing the trend in offer bookings. You can choose to display this data by month, quarter or year. You can also generate PDF reports showing the booking behavior of your fleet customers.

10. Newsletter for fleet customers
This function is available only with the “Pro” service package. In this area, you can create newsletters that are to be sent by Continental on your behalf to all fleet customers (who have agreed to receive the newsletter) within a specific radius of your auto repair shop.

11. Settings
In this area, the auto repair shop manager can change the settings for the auto repair shop profile. For example, you can upgrade the “Basic” service package to a “Pro” service package.
You can upgrade from “Basic” to “Pro” (but not from “Pro” to “Basic”) at any time. The prices for the individual service packages can be found on the TruckOn website https://www.truckon.com.
If necessary, you can change the contact details and billing address for your auto repair shop. Under “Messages,” you can define what you want to be informed about.

12. Audit log
This area displays all of the actions performed by auto repair shop employees on TruckOn. You can see the following information at a glance:

  • When an action was performed
  • Who performed the action
  • What the action was


13. Platform content
You are personally responsible for all content displayed on the platform. By confirming these terms of use, you consent to having the logos and brands associated with your auto repair shop displayed on TruckOn. As the auto repair shop, you are solely responsible for the logos and brands.
By uploading the logos and brands, you expressly declare that you are the owner of all rights (e.g. copyrights and brand rights) on these logos and brands and that they do not violate any third-party rights. The auto repair shop shall indemnify Continental against any and all third-party claims in the event that any third-party rights are violated.

You are obligated to inform your fleet customers of the general terms and conditions of business that apply between you and your fleet customers. Your general terms and conditions of business may not contradict those of Continental.

14. Do not misuse TruckOn
Do not use TruckOn in an improper manner. For example, you are not authorized to manipulate TruckOn or access it in any way other than via the user interface provided by Continental and in accordance with our specifications. You may use our platform only within the legally permissible framework; this also includes the legal provisions relating to export and re-export controls. We reserve the right to suspend or stop the provision of TruckOn in the event that you violate any of our terms of use or guidelines or if we are investigating suspected misuse.

TruckOn is a platform for offering services that do not originate from Continental. These services are your sole responsibility; Continental is not in any way responsible for them. Continental reserves the right to check content to ensure that it is lawful and/or complies with the relevant guidelines. We may remove content or refuse permission for it to appear on the portal if we can legitimately assume that it violates our guidelines and/or applicable law.

 

Section 5: Amending the Terms of Use

Continental may reasonably amend these terms of use or any additional conditions for TruckOn (e.g. to take account of changes to general legal conditions or changes to our offering), so make sure that you check these terms of use regularly. We will tell you about any amendments to these terms of use on the TruckOn website https://www.truckon.com.
We will tell you about any amendments to additional conditions within the relevant service itself. Amendments do not apply retroactively; instead, they shall not apply until 14 days at the earliest following their announcement. However, amendments made in response to a new function for a service or for legal reasons are effective immediately. If you do not agree to the amended terms of use for a service, you will no longer be able to use this service.

 

Section 6: Billing

Settlement by Continental takes place monthly by direct debit or via a bank transfer made when you receive the invoice. The invoice amount comprises the monthly fee for the booked service package and a fee for each service booked by a fleet customer.

Payment shall be made within 30 days from invoice date.

 

Section 7: Liability

The information provided on the platform about any products and services made available can be changed or updated at any time by Continental without prior notice. The platform does not contain any guarantees or statements of quality for which Continental is liable, whether expressly or implicitly. Similarly, Continental makes no guarantee that the information provided is up-to-date, correct or complete and assumes no responsibility for its quality. The user shall not manipulate the platform and shall use it only as intended.

Claims by the user for compensation for damages that may arise in relation to the use of the platform and its content are excluded. This exclusion does not include claims for compensation of damages arising from injury to life, limb or health or the liability for other damages that are attributed to a willful or grossly negligent breach of a duty by Continental, its legal representatives or vicarious agents. In the event of a breach of material contractual obligations, Continental is only liable for the foreseeable and direct loss typical of this type of contract when this loss has been caused by simple negligence. Material contractual obligations are those that necessarily have to be fulfilled in order to achieve the object of a contract. These limitations of liability shall also apply to the benefit of the legal representatives and vicarious agents of Continental if claims are asserted directly against them. The regulations of the Produkthaftungsgesetz (German Product Liability Act) remain unaffected.

 

Section 8: Choice of Law and Place of Jurisdiction

These terms of use are subject to the law of the Federal Republic of Germany under exclusion of the conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Sales Convention) is excluded.
For all disputes arising from or associated with these terms of use, the sole place of jurisdiction shall be Hanover, Germany.

 

Section 9: Online Settlement of Disputes

Information concerning the online settlement of disputes can be found at the following link on the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided for information purposes only in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council. Continental is neither willing nor obligated to participate in dispute settlement proceedings before a consumer arbitration board.

 

Section 10: Severability Clause

Should individual provisions of these terms of use prove to be invalid in full or in part, then the validity of the rest of the contract shall not be affected by that. The statutory provisions shall replace the invalid provision.

 

Continental Automotive GmbH
Vahrenwalder Straße 9
30165 Hannover
Germany

Phone:
+49(0) 511 938-01

Fax:
+49(0) 511 938 81770

Director:
Georg Sistermanns, Harald Stuhlmann

Amtsgericht Hannover HRB 59424
USt-IdNr.: DE814950663

 

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