- DHL Express (ecuador) S.A, hereinafter referred to as “DHL Express”, offers an online platform (hereinafter “MyDHL+”) to do business with DHL Express as simple as possible by permitting the printing of labels, scheduling of pickups, storing contact details, tracking of shipments directly from the shippers’ computer and other functions related to DHL Express´s services (all together “Functions”).
- These terms shall apply in relation to Customer`s use of MyDHL+ and its Functions. The transportation itself is subject to the respective Terms and Conditions about DHL Express transportation services which will be accepted separately by the Customer.
- Customer shall use MyDHL+ only for the DHL Express related purposes set out in paragraph 1. He is not allowed to (a) modify, interfere with, disable any features, functionality or security controls of MyDHL+ and its functions; (b) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms of MyDHL+ and its functions, or (c) reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form of MyDHL+ and its functions.
- Customer who wants to register for continuous usage of MyDHL+ shall give in the required data into the registration mask. By sending an activation e-Mail DHL Express confirms the registration and the service may be used immediately thereafter.
- In the case that the Customer uses the service “ordering of labels”, the printing of the label via MyDHL+ does not constitute the contract of carriage. The contract of carriage will only be concluded when the labeled shipment is handed over and accepted by DHL Express. It shall be governed by the respective Terms and Conditions about DHL Express transportation services.
- Customer accepts that DHL Express is free to modify the Functions of MyDHL+ or replace it with another IT-Solution at its sole discretion at any time.
- Customer is responsible for all activities conducted via MyDHL+ including but not limited to the use of the ShareQuote and/or other notification functionalities in accordance with the applicable competition and data protection laws.
- Customer shall keep the use and access permissions assigned to him secret, protect them against access by unauthorized third parties and not disclose them to unauthorized users. Only persons with a need to access MyDHL+ in order to use the Functions on behalf of the Customer shall be authorized by the Customer (“authorized user”). Customer shall notify the authorized users about his obligation and shall obtain corresponding undertakings from the authorized users. Customer acknowledges its own responsibility for the safekeeping, handling and use of MyDHL+, also in relation to the shipments that may be requested by third parties through MyDHL+. Customer agrees to notify DHL Express immediately of any unauthorized use of Customer’s account or password, or any other breach of security.
- Customer shall take all necessary steps to ensure that he does 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 Express.
- Customer shall ensure that all information which he provides to DHL Express via MyDHL+ is complete, correct and accurate. Customer will be solely responsible for any damage or consequence that may arise from the use of false or incorrect or incomplete information.
- Customer accepts that DHL Express will incur costs in processing the Shipping orders and that DHL Express may request Customer to compensate it in the event that Customer does not subsequently tender a shipment for the Shipping orders at the expected pick-up time.
- The services and the information on MyDHL+ are provided on an "as is" basis. DHL Express, 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 Express, its affiliates or agents make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through MyDHL+. No information obtained via MyDHL+ shall create any warranty not expressly stated by DHL Express in these terms.
- Some jurisdictions do not allow limitations of implied warranties, so the limitations and exclusions in this section may not apply to some Customers.
- To the extent permitted by law, in no event shall DHL Express, its affiliates or agents 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 MyDHL+, whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not DHL Express is advised of the possibility of such damages. Without limiting the foregoing, to the extent permitted by applicable law, in no event shall DHL Express's total liability for any damages (direct or otherwise) or loss regardless of the form of action or claim, whether in contract, tort or otherwise, exceed EUR 100. To the extent permitted by law, the remedies stated in these terms are exclusive and are limited to those expressly provided for in these terms.
- The Parties may terminate or suspend the Customer`s use of MyDHL+ at any time at its sole discretion. Upon such suspension or termination, Customer must immediately (a) discontinue his use of MyDHL+ and (b) delete any copies he may have made. Customer agrees that DHL Express shall not be liable to him or to any third party for any termination or suspension of Customer`s access to MyDHL+. The termination of the contract about the use of MyDHL+ does neither affect the orders via MyDHL+ nor the transportation agreement itself.
Version February 2018