Terms of Service

(1)These General Terms and Conditions (hereinafter “GTC”) apply to all contracts between the provider (hereinafter “Ads on Cars” or “we”) and users of the platform accessible via ads-on-cars.com.

(2)Ads on Cars operates an online marketplace where private individuals who own a vehicle (hereinafter “Drivers”) and companies wishing to book advertising space on private vehicles (hereinafter “Advertisers”) can find each other.

(3)Ads on Cars is not a party to the advertising contracts concluded between Drivers and Advertisers (see § 9). The subject of the contract between Ads on Cars and each user is solely the use of the platform.

(4)Any deviating or conflicting terms of the user do not form part of the contract unless Ads on Cars has expressly agreed to their application in text form.

(5)A “consumer” within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade or self-employed professional activity (§ 13 German Civil Code / BGB). A “trader” is a person acting in the course of such activity (§ 14 BGB).

(1)Ads on Cars provides the technical infrastructure through which:

• Drivers can create a user profile, store vehicle data and apply to advertising campaigns,
• Advertisers can publish campaigns, review Driver profiles and contact Drivers,
• both sides can communicate via an internal messaging system.

(2)Ads on Cars owes the provision of the platform in accordance with the state of the art. There is no entitlement to a specific number of campaigns, a particular level of compensation or to the actual conclusion of an advertising contract between a Driver and an Advertiser.

(3)Ads on Cars may expand, modify or restrict the scope of services insofar as this is reasonable for the user and does not affect essential contractual obligations.

(1)Registration as a Driver or Advertiser is free of charge. It requires the complete and truthful disclosure of the requested information.

(2)Drivers must be at least 18 years old, hold a valid driving licence of the relevant class and be the registered keeper or an authorised user of the vehicle specified.

(3)Advertisers must be traders within the meaning of § 14 BGB. Ads on Cars may request the submission of a business licence or extract from the commercial register.

(4)Only one user account is permitted per person or company. The account is not transferable.

(5)The user must keep their access credentials confidential and inform Ads on Cars without undue delay if there is any indication of misuse.

(6)By submitting the registration, the user makes an offer to conclude a usage contract. The contract comes into effect upon confirmation by email or activation of the account by Ads on Cars.

(1)In addition to free registration, Ads on Cars offers Drivers a paid membership that unlocks additional features (e.g. applying to campaigns, dashboard features, direct contact with Advertisers).

(2)The applicable prices, terms and scope of services are shown on the order page at the time of purchase.

(3)Conclusion of contract (button solution, § 312j BGB): Before conclusion, Ads on Cars displays the essential contract details (service, term, total price, cancellation options) in summary form. The contract is concluded as soon as the Driver clicks the appropriately labelled button (e.g. “order with payment obligation”) and Ads on Cars confirms the order in text form.

(4)Term and renewal: The minimum term is one month. After the term ends, the membership automatically renews for a further month unless it is cancelled with a notice period of one month before the end of the current term.

(5)Cancellation button (§ 312k BGB): Drivers may terminate their membership at any time using the cancellation button provided on the website. Cancellation by email to info@ads-on-cars.com or by post remains possible.

(6)The right to extraordinary termination for good cause remains unaffected for both parties.

(1)All prices are in Euro. For consumers, prices are shown including statutory VAT; for traders they are shown plus statutory VAT.

(2)Payment is made by credit card, SEPA direct debit or other methods offered via Stripe through the payment service provider Stripe Payments Europe, Ltd. By selecting a payment method, the user consents to the required data being forwarded to Stripe.

(3)The claim becomes due at the time the contract is concluded or at the beginning of the respective billing period.

(4)In the event of payment default, Ads on Cars is entitled to suspend access to paid services until the outstanding amount has been settled.

(5)Offsetting against counterclaims is permitted only if such claims are undisputed or have been legally established.

When concluding a paid contract, consumers are entitled to the following right of withdrawal:

Withdrawal Notice

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded.

To exercise your right of withdrawal you must notify us

AOC Digital Services Ltd.
Office 620 Initial Business Centre, Wilson Business Park, M40 8WN Manchester, United Kingdom
Email: info@ads-on-cars.com

by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the model withdrawal form provided below, though this is not mandatory.

To meet the withdrawal deadline it is sufficient to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal. For this reimbursement we shall use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case shall you incur any charges as a result of such reimbursement.

Early Expiry of the Right of Withdrawal

If you have requested that the service should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of services already rendered by the time you inform us of the exercise of the right of withdrawal in relation to this contract, compared to the total scope of services provided for in the contract.

Model Withdrawal Form

If you wish to withdraw from the contract, please complete this form and send it back.

To: AOC Digital Services Ltd., Office 620 Initial Business Centre, Wilson Business Park, M40 8WN Manchester, United Kingdom, Email: info@ads-on-cars.com

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*):

Ordered on (*) / received on (*): …

Name of the consumer(s): …

Address of the consumer(s): …

Signature of the consumer(s) (only if notified on paper): …

Date: …

(*) Delete as appropriate.

(1)Users undertake to provide truthful, complete and up-to-date information both at registration and throughout the use of the platform.

(2)Drivers additionally warrant that they:

• are the registered keeper or an authorised user of the vehicle stated,
• operate the vehicle in a roadworthy condition,
• hold valid motor liability insurance and, where applicable, any additional insurance required for advertising use and will review and take out such coverage,
• meet their own tax obligations arising from any earnings,
• apply advertising wraps properly and in accordance with the Advertiser’s specifications.

(3)Advertisers warrant that their campaigns and advertising materials do not violate applicable law (in particular competition, trademark, copyright and youth-protection law).

(4)The following are expressly prohibited:

• using the platform for unlawful, immoral or deceptive purposes,
• posting insulting, discriminatory, violence-glorifying or pornographic content,
• unauthorised access to third-party accounts,
• automated retrieval of platform data (scraping) unless expressly permitted,
• circumventing the platform to arrange contacts directly and avoid fees or obligations.

(5)In the event of a breach Ads on Cars may – depending on the severity – issue a warning, remove content, temporarily suspend the account or permanently delete it. The right to terminate without notice for good cause remains unaffected.

(1)The user retains all rights to the content they post (e.g. vehicle photos, profile texts, logos).

(2)The user grants Ads on Cars a simple, geographically unlimited right to use this content, limited in time to the duration of the contract, insofar as this is necessary for the operation and intended use of the platform (storage, display to other users, technical reproduction).

(3)The user warrants that they are entitled to grant these rights and that the content does not infringe any third-party rights.

(4)Ads on Cars is entitled to remove content if there is a reasonable suspicion of a legal violation or if third parties substantiate such a claim. Notices of unlawful content can be sent to info@ads-on-cars.com.

(1)Contracts governing the execution of an advertising campaign (application of the wrap, compensation, term, etc.) are concluded exclusively between Driver and Advertiser. Ads on Cars is not a party to these contracts and is not liable for their content or performance.

(2)Payments arising from such advertising contracts are settled – unless expressly agreed otherwise – directly between Driver and Advertiser.

(3)Ads on Cars may, but is not obliged to, provide sample contracts, media kits or guidance. Such materials are non-binding aids and do not replace legal or tax advice.

(4)Disputes between Driver and Advertiser shall generally be resolved directly between the parties. Ads on Cars may offer to mediate at the parties’ request but is not obliged to do so.

(1)Ads on Cars endeavours to keep the platform available as consistently as possible but does not owe uninterrupted availability.

(2)Short outages, maintenance work or disruptions caused by force majeure or third parties (e.g. hosting or payment providers) do not give rise to any right of reduction or damages, unless they are both prolonged and substantial.

(1)Ads on Cars is liable without limitation for damages resulting from injury to life, body or health caused by a negligent or intentional breach of duty, and for other damages caused intentionally or by gross negligence.

(2)For slightly negligent breaches of essential contractual obligations (cardinal obligations), Ads on Cars’ liability is limited in amount to the damage that is foreseeable and typical for the contract at the time it is concluded.

(3)Otherwise, liability for slight negligence is excluded.

(4)Liability under the German Product Liability Act and on the basis of any warranties given remains unaffected.

(5)Ads on Cars is not liable for:

• content posted on the platform by Advertisers or Drivers,
• the formation, performance or outcome of advertising contracts between Drivers and Advertisers,
• lost income, profits or unrealised savings of the users.

(6)Drivers are themselves responsible for checking any effects on their motor insurance, lease or finance contracts and their tax obligations.

(1)The free usage contract runs for an indefinite period and may be terminated by either side at any time without notice. Termination is effected by deleting the account via the settings or by email.

(2)Paid memberships are governed by § 4.

(3)Ads on Cars may terminate the user relationship without notice for good cause, in particular in the event of:

• serious or repeated breaches of these GTC,
• false statements at registration,
• payment default despite reminder,
• reasonable suspicion of fraud or other criminal acts.

(4)After the end of the contract the user account is deleted subject to the statutory retention periods; details are set out in the privacy policy.

(1)Ads on Cars may amend these GTC to reflect changes in the law, supreme-court rulings, technical developments or changes in the services provided, insofar as essential contractual obligations are not affected.

(2)Changes will be announced to users by email at least six weeks before they take effect. If the user does not object in text form within this period, the amended GTC shall be deemed accepted. Users will be expressly informed of this consequence in the announcement.

(3)If the user objects, the contract continues on the previous terms. Both parties are then entitled to terminate the contract with effect from the planned effective date of the amendment.

The protection of personal data is important to us. Details of processing are set out in the privacy policy, which forms part of the pre-contractual information.

(1)The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr.

(2)Ads on Cars is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(1)The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer-protection provisions of the country in which the consumer has their habitual residence remain unaffected.

(2)If the user is a trader, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of Ads on Cars.

(3)Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory rule.