TERMS OF USE FOR DHL FREIGHT CUSTOMER PORTAL PLATFORM

1.     DHL Freight GmbH, registered in Düsseldorf, Germany, under HRB 24743 hereinafter referred to as “DHL”, offers an online platform (hereinafter “Platform”) to do business with DHL or with a local affiliate of DHL (hereinafter “local DHL Freight entity”) as simple as possible by using the functions provided in the Platform e.g. function to store contact details, to request price quotes and other functions related to transportation services (all together “Functions”).

2.     These terms shall apply in relation to your use of the Platform and its Functions. The transportation services are subject to the terms of the respective contract about the transportation services to be provided by DHL or by the respective local DHL Freight entity and you (“Transportation Contract”).

3.     You shall use the Platform only for the purposes set out in paragraph 1. You are not allowed to (a) modify, interfere with, disable any features, functionality or security controls of the Platform and its Functions; (b) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms of the Platform and its Functions, or (c) reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form of the Platform and its Functions.

4.     If you want to register for continuous usage of the Platform, you shall give in the required data into the registration mask. By sending an activation e-Mail DHL confirms the registration and the service may be used immediately thereafter. DHL shall be free to accept or reject your registration request.

5.     The quotes generated in the Platform are not binding and do not constitute offers by DHL or by the respective local DHL Freight entity to conclude a Transportation Contract.

6.     You accept that DHL is free to modify, add new or remove Functions or to close the Platform or to replace it with another IT-Solution at its sole discretion at any time.

7.     All texts, graphics, user interfaces, databases, trademarks, logos, and computer code (“Content”) including but not limited to the design, structure, selection, expression, “look and feel”, and arrangement of such Content in the Platform is owned, or licensed by DHL and is protected by copyright and trademark laws and other intellectual property rights. Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution, without DHL’s express prior written consent.

8.     You are responsible for all activities conducted via the Platform by using your account, including but not limited to other notification functionalities, in accordance with the applicable competition and data protection laws. In particular you shall obtain the consent of any addressee to the receipt of e-mail by DHL before you use the “Share Quote” function and enter their e-mail address. On request of DHL you shall provide DHL with evidence of the consent. You shall not forward any quotes to Competitors of DHL or its affiliates. Competitors of DHL are defined as any company that offers transport and related logistics services.

9.     You shall keep the use and access permissions assigned to you secret, protect them against access by unauthorized third parties and not disclose them to unauthorized users. Only persons with a need to access the Platform in order to use the Functions on your behalf shall be authorized by you (“authorized user”). You shall notify the authorized users about your obligations and shall obtain corresponding undertakings from the authorized users. You acknowledge your own responsibility for the safekeeping, handling and use of the Platform, also in relation to the shipments that may be requested by third parties through the Platform by using your account. You agree to notify DHL immediately of any unauthorized use of your account, or any other breach of security.

10.     You shall take all necessary steps to ensure that you do not transmit or receive any computer viruses, worms or other programs whatsoever that may or are intended to damage, interfere with, intercept or expropriate any system, data or information whatsoever of DHL.

11.     You shall ensure that all information which you provide to DHL via the Platform is complete, correct and accurate. You will be solely responsible for any damage or consequence that may arise from the use of false or incorrect or incomplete information.

12.     It is your responsibility to archive all information related to the transportation services on your own storage medium that you require for the purposes of performing the contracts entered into via the Platform, securing evidence, accounting, etc. 

13.     DHL will collect, store and process personal data provided by you in the Platform as required for the provision of the Functions, in accordance with applicable laws and the Deutsche Post DHL Data Privacy Policy. The DHL Privacy information is available under the tab “Privacy Notice” in the footer of the website.

14.     The Platform may contain links to other independent third party websites (“Linked Sites”). These Linked Sites are not under DHL’s control and DHL is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained in such Linked Sites.

15.     The Functions and the information in the Platform are provided on an "as is" basis. DHL, to the fullest extent permitted by law, disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose. DHL, its affiliates or agents make no representations or warranties about the accuracy, completeness, security or timeliness of the Functions, content or information provided on or through the Tool. No information obtained via the Platform shall create any warranty not expressly stated by DHL in these terms.

16.     To the extent permitted by law, in no event DHL, its affiliates or agents shall be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption or otherwise resulting from the use of or inability to use DHL, whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not DHL is advised of the possibility of such damages.

17.     You hereby indemnify DHL to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages and expenses arising out of or in any way related to the breach of any of the provisions of these Terms of Use by You.

18.     DHL may suspend your use of the Platform at any time at its sole discretion. Upon such suspension, you must

(a) immediately discontinue your current use of the Platform and

(b) not use the Platform and its functions in future .

You agree that DHL shall not be liable to you or to any third party for any suspension of your access to the Platform.

19.     These Terms of Use shall be governed by the laws of Germany.

20.     DHL may revise these Terms of Use at any time. DHL shall notify you of any changes to these Terms of Use in text form (e.g. by e-mail) (“notification of changes”). The changes shall take effect and the contractual relationship shall continue under the changed conditions if you do not object to these changes within two (2) weeks after receiving the notification of changes by means of written notification to DHL,  e-mail  . This deadline shall be deemed to have been met so long as the objection is sent to DHL within this time period. DHL shall specifically point out to you in the written notification of changes the above consequences of failure to object.

 

Version January 2019