DHL Express Online Services Terms of Use

1. Scope, object of use and contractual parties

1.1 The DHL Express Online Services platform, App, or website, which you just use ("the Online Application") is offered by DHL Express Gibraltar, c/o Matrix Logistics Solutions Ltd, Unit 68 Harbours Deck, New Harbours, Rosia Road ("DHL"). Through the Online Application you will be able to use various DHL Express Online Services ("DHL Services"), e.g., picking up and sending of shipments.

1.2 The DHL Express Online Services Terms of Use ("Terms") apply to your use of the Online Application and the DHL Services. By accepting the Terms, you enter a contract with DHL on the Online Application and the DHL Services. However, the use of certain DHL Services may be subject to the respective contractual terms, which will be subject to separate acceptance. All transportation services provided by DHL Express are governed by the DHL Express Terms and Conditions of Carriage.

2. Registration and use of the Online Application

2.1 To use all features of the Online Application and the DHL Services, you must have an active account ("Your Account") and accept the Terms. In case you do not want to accept the Terms, you can only use the Online Application and DHL Services as a guest user with limited capabilities. By sending an activation e-mail DHL confirms your registration and you may access the Online Application thereafter. DHL shall be free to accept or reject your registration request.

2.2 You are responsible for using the Online Application and the DHL Services in accordance with these Terms, lawfully and in good faith. You are not to cause any damage or harm of any kind (including reputational damage) to DHL or any third party.

2.3 The data and information you provide to DHL on the registration form or via your account shall be true, accurate and complete. You must maintain and update such information to keep it complete and accurate.

2.4 You shall not use the Online Application or the DHL Services in a way that violates applicable law or the Terms.

2.5 You are responsible for the management and use of Your Account and associated login credentials and passwords ("Login Credentials") to Your Account. You shall keep the Login Credentials secret and protect them from unauthorized use. You acknowledge your own responsibility for the safekeeping, handling and use of Your Account, also in relation to DHL Services that may be requested by third parties by using Your Account. No claim may be brought against DHL if Your Account or Login Credentials are used by unauthorized third parties. You shall notify DHL immediately of any unauthorized use of Your Account.

2.6 The registration in the Online Application is free of charge. However, certain DHL Services may require a fee. Before using a DHL Service, DHL will specify if a fee is required.

2.7 If the Online Application provides you the possibility to give another person authorization to act in your name, e.g., to pick up your shipment, you confirm by giving the authorization that (i) you have obtained the consent of the authorized person regarding their authorization and the storage of their necessary personal and address data in DHL's systems; and (ii) you cannot withdraw the authorization via the Online Application.

2.8 If the Online Application uses Bluetooth Low Energy technology to transfer both security digital keys and data from the logistics providers, you accept that the before mentioned is transmitted using this technology and process, both in terms of your own data as well as third party and logistic provider data.

2.9 Unless otherwise specified within the DHL Services, all data, documents and other information ("Electronic Data") will be shared electronically within the Online Application. You authorize DHL to access, process and use all Electronic Data as necessary to perform and fulfil its obligations for the purposes specified in the Online Application and in the specific DHL Services.

2.10 By providing Electronic Data to DHL, you acknowledge that you are responsible for the completeness and accuracy of the Electronic Data which shall be timely submitted to DHL, including but not limited to a detailed description of the content of the shipment. DHL will rely on the Electronic Data submitted and DHL is not obliged to verify its completeness or accuracy by checking against any paper or scanned document. You will bear all responsibility in case of any discrepancy between such Electronic Data and any paper or scanned document.

3. Rights of use

3.1 Unless applicable law gives you more rights despite the limitations set out in this clause 3, DHL grants you the revocable, non-exclusive, non-transferable, limited right to download, install and to use the Online Application only for the purposes set out in clause 1.1 of these Terms. The right granted to you is solely for your personal, non-commercial purposes.

3.2 All texts, graphics, user interfaces, databases, trademarks, logos, and computer code ("Content") in the Online Application and the DHL Services are owned or licensed by DHL and are protected by copyright and trademark laws and other intellectual property rights. The Content includes but is not limited to the design, structure, selection, expression, "look and feel" and arrangement of the Content. Except as expressly provided in these Terms, no Content may be processed without DHL's prior written consent. The processing includes – in whole or in part – copied, scraped, modified, cached, reproduced, republished, uploaded, transmitted, or distributed in any way to any other computer, server, website or other medium for publication or distribution.

3.3 By way of example and without limitations, you shall not or not attempt to and not authorize or permit others to:

reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code form, underlying ideas, algorithms or structure of the Online Application and/or the DHL Services and/or the Content;
repackage, replicate, copy or recreate the Online Application or the DHL Services or the Content;
modify the Online Application or the DHL Services or the Content; or
publish any performance or benchmark tests or analyses relating to the software or the use thereof; or
offer for sale, market, distribute, sublicense, assign, share, timeshare, (re-)sell, rent, lease or grant a security interest in the Online Application or the DHL Services or Content in whole or in part. You may not commercially exploit in any manner any of the Content or data obtained from the Online Application or from the DHL Services.

4. Availability

4.1 DHL will use reasonable efforts to ensure that the Online Application is available 365 days per year except during scheduled maintenance windows or during Force Majeure events. Scheduled maintenance windows will be pre-announced, to the best of our ability, on the Online Application or by email in advance.

4.2 The Online Application is deemed available as long as you can login to Your Account and access the DHL Services. DHL makes no specific warranties regarding the continued operation of the Online Application, nor in terms of service levels for identifying or resolving reported issues.

5. IT security

5.1 DHL ensures that it maintains appropriate security measures in line with International Standard Organization ISO 27001/2013. This is DHL's entire obligation regarding the security of information and data and DHL's IT-systems in connection with your use of the Online Application and the DHL Services.

5.2 You are solely responsible for maintaining backup copies of Electronic Data provided by you, when using DHL Services or retrieved by you from the DHL Services ("Your Data"). Without prejudice to any existing contractual obligations between DHL and you, DHL shall not be required to hand over or provide access to Your Data, unless necessary to fulfil the purposes set out in clause 1.1 or otherwise agreed upon in writing.

5.3 It is your responsibility to take appropriate precautions to ensure the security of your computer systems and networks, as well as the integrity and confidentiality of Your Data, e.g., without limitation, by activating the security features offered by DHL, currently eSecure, or by keeping backup copies of Your Data or by observing all IT-security related notifications (e.g., phishing alerts on the Online Application).

5.4 You shall not nor attempt to nor permit third parties to:

gain unauthorized access to Electronic Data, which is not Your Data or intended for your use, or use Electronic Data of third parties without authorization;
perform any security tests (e.g., pen-testing), performance tests (e.g., load-testing), stress tests or similar tests on the Online Application;
use any automated systems and/or software (including i.e., crawlers, spiders, search-bots, browser plug-ins, extensions, add-ons or other technological means or processes), to access, scrape or modify the DHL Services or the Online Application or to copy, add, download or retrieve Content from the Online Application;
interfere with, modify, disable, hinder or damage the accessibility and any features, functionality or security controls of the Online Application or the DHL Services;
defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the Online Application or the DHL Services;
introduce viruses, trojans, worms, logic bombs or other technologically harmful or malicious materials or perform (distributed) denial-of-service attacks or other cyber-attacks;
procure (e.g., by way of phishing or (social) pharming) and use or deploy user credentials, such as usernames, passwords, credit card information;
engage in industrial espionage to retrieve Electronic Data (especially data and/or information representing trade or business secrets) by any of the above actions;
integrate the Online Application or the DHL Services into IT-systems or operate IT-systems in a way that third parties or automated systems/software can have direct or indirect unsecured or unauthorized access to DHL Services or the Online Application. In particular, you shall take all, and shall ensure that you always maintain, sufficient technical and (IT-)security measures (e.g., but not limited to up-to-date virus protection, anti-malware tools and/or up-to-date browser version) to prevent third parties or automated systems and/or software from accessing, downloading, retrieving and/or making available Electronic Data from the Online Application. The measures according to this clause shall particularly include the use of bot protection systems, CAPTCHA and/or the monitoring and investigation of traffic spikes.

6. Suspension of the use of Your Account

6.1 DHL may suspend or limit the use of Your Account and the access to DHL Services, immediately upon notice, if:

DHL determines at its own discretion that there is misuse, fraudulent, illegal and/or contrary to good faith use of the Online Application and the DHL Services; or
DHL determines at its own discretion that there is a material breach of your obligations according to these Terms; or
DHL determines at its own discretion that there is a reasonable suspicion of a security incident;
extraordinary maintenance work is required; or
suspension or limitation is required by law, a court decision, or a request from a governmental body.

6.2 DHL's failure to enforce the rights and/or entitlements of these Terms shall not be construed as a waiver nor prevent DHL from demanding, at any time thereafter, your strict compliance with the contractual provisions.

6.3 In case of a material breach of your contractual obligations, DHL's right to terminate pursuant to clause 10.2 and all other rights and remedies it may have, remain unaffected.

7. Export controls, sanctions, and customs laws

7.1 Export controls, economic sanctions, and customs laws and regulations apply to the provision of the DHL Services and your access to the Online Application.

7.2 You agree to comply fully with all UN, EU, US, UK, and other applicable export controls and economic sanctions laws and regulations and, where applicable, local customs laws (collectively, "Trade Laws"). You represent and warrant that you (and any company, entity, or third party on whose behalf you are engaged) are not listed on any applicable sanctions lists as a denied or restricted party. You agree and are obliged: (i) to deny and prevent access to the Online Application from any location subject to applicable broad comprehensive sanctions or embargoes under applicable Trade Laws; (ii) to deny or prevent access to the Online Application to any individual or entity designated on any Denied Party Lists or owned or controlled by a person designated on any denied party list; (iii) to ensure and warrant, that you are not listed on any denied party lists; (iv) to secure that no software, technology or data owned or controlled by you or by third parties contracted by or acting on your behalf, which is subject to prohibitions or restrictions under applicable Trade Laws, is used, re-/exported, transferred, or accessed without applicable export license, authorization or permit from relevant government authorities; and (v) to notify DHL immediately in writing if one or more of the aforementioned requirements cannot be ensured by you.

7.3 As far as DHL Services are subject to applicable local customs laws or Prohibitions & Restrictions, you agree (i) to provide true, complete and accurate information (if you identify errors or inaccuracies, you shall promptly notify us of the error/inaccuracy) and (ii) that, unless specified by a separate agreement in writing, we do not serve for or on behalf of you as Exporter for export control purposes, Exporter or Importer for customs purposes, indirect representative or applicant or holder of any authorizations, licenses or permits related to applicable Trade Laws on the import, export, transit or transfer of goods, including technology and software.

7.4 If required to enable authorities or DHL – including any affiliates to DHL – to conduct export control, sanctions or, where applicable and required, customs compliance checks, you, upon request by DHL or the according DHL affiliate, shall promptly provide DHL with all relevant information pertaining to the particular destination, end user, Export Control Classification Number (ECCN), encryption byte levels, and particular intended use of the Online Application or the DHL Services including information on you and all information related to customs compliance. You will promptly notify DHL in writing if you become designated on a denied party list at any point in time.

7.5 To the extent permitted by law, you agree to indemnify and hold harmless DHL against any damages, claims and costs by any third party, including but not limited to attorney fees and any claims, fines or penalties from relevant authorities, arising in connection with any termination of this Agreement which result from any violation by DHL of Sanctions Laws or Export Control Laws, caused by your negligent breach of this provision.

8. Warranty, liability and claims

8.1 No information obtained via the Online Application or the DHL Services shall create any warranty not expressly stated by DHL in these Terms.

8.2 Unless otherwise agreed in a specific services order and to the extent permitted by applicable law, in no event shall DHL be liable for any claims for loss or damage.

8.3 The limitation as of clause 8.2 shall in particular not apply in cases of:

damages to life, limb or health; or
claims based on a guarantee expressly assumed by DHL regarding DHL Services; or
intent or grossly negligence; or
liability according to the applicable product liability laws.

8.4 This clause 8 shall also be applicable to DHL's legal representatives and/or vicarious agents if claims are asserted directly against them.

8.5 Any claim regarding the operation of the Online Application or the DHL Services must be made in writing, within a period of 14 (fourteen) days after the incident.

9. Circumstances beyond DHL’s control

9.1 DHL is not liable for any loss or damage arising out of circumstances beyond DHL's control. These include but are not limited to acts of God, compliance with any acts of any governmental or other authority, war or national emergency, riots, civil commotion, acts of terrorism, piracy, fire, storms or floods, explosion, criminal acts, any information security-related threats or attacks (e.g., through computer viruses, bot attacks or other cyber-attacks), use by you of software tools or applications not downloaded from the Online Application (or other DHL-authorized websites or Apps) or not updated, power outages, configuration problems or malfunctions of your workstation or Internet connection, incorrect data or information entered by you, epidemic, pandemic, lock-outs, strikes and other industrial action (in each case whether or not referring to DHL's or subcontractors' workforce), shortage of labor, materials and services and inability or delay in obtaining supplies, the failure or a limitation of performance of communication networks and gateways of other operators.

9.2 DHL shall strive to mitigate the effects of such circumstances on the performance and/or the availability of the Online Application and or the specific DHL Services. A shutdown of Online Application or the DHL Services due to, by way of example and without limitation, an information security-related event or a cyber-attack shall always be deemed to be a mitigation action.

10. Duration and termination of registration

10.1 The registration for the use of the Online Application and the DHL Services is granted for an indefinite period. You may terminate your use of the Online Application by deleting Your Account at any time. Except for the right of suspension as per clause 6, DHL may terminate your usage of the Online Application or the DHL Services with at least 14 (fourteen) days written notice.

10.2 The right of the parties to terminate the usage of the Online Application or the DHL Services for good cause without notice remains unaffected. In addition to the statutory provisions, DHL may terminate your usage of the Online Application or the DHL Services without notice, if:

your actions contravene the essential provisions of these Terms and the situation does not improve within a reasonable period following a written reminder;
the usage of the Online Application or the DHL Services must be suspended as a result of a court decision, or a request from a governmental body;
legal, administrative or criminal proceedings are initiated in connection with the provision and the use of the Online Application or the DHL Services; or
the Online Application is closed or certain DHL Services are discontinued.

10.3 In case of termination for any reason whatsoever, your obligation to pay fees for the DHL Services already purchased remains unaffected.

10.4 The termination of a certain DHL Service results in the unavailability of that service through the Online Application.

11. Validity of the terms and unilateral modifications

11.1 Should any of the current or future provisions of the Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In this case, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely resembles the aim and purpose of the invalid or unenforceable provision.

11.2 DHL may at any time upgrade, restrict or otherwise modify the Online Application or the DHL Services including, but not limited to, the Content or features or may substitute the Online Application or the DHL Services with another solution. It is your responsibility to use the latest version of the Online Application when using DHL Services. DHL shall not be responsible or held liable for any losses arising from or related to your failure to take such steps.

11.3 DHL may revise these Terms at any time. DHL shall notify you of any changes to these Terms upon prior written notice. The use of the Online Application or the DHL Services shall then continue under the revised conditions. If you do not agree with any such changes, you may at any time cease to use the Online Application or the DHL Services before the date specified in DHL's notice on which the changes take place. If you cease to use the Online Application or the DHL Services, the consequences specified above in clause 10 apply.

12. Communication from DHL

DHL may communicate with you via the communication channel that you specified in the Online Application, or through notifications or messages in the Online Application.

13. Data protection

DHL will collect, store and process your personal data and the third party's data you provided in accordance with applicable laws and the DHL Group Data Privacy Policy. Further information about the processing of personal data is available on the Privacy Notice page on the Online Application.

14. Governing law and jurisdiction

Unless contrary to applicable mandatory law, these Terms shall be governed by the laws of the country of the seat of DHL. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.