MyDHL+ Terms of Use

1. DHL Worldwide Express Kenya Ltd., DHL House, Witu Road, off Lusaka Road, , Nairobi, Kenya hereinafter referred to as “DHL Express”, offers an online platform (hereinafter “MyDHL+”) to customers, whether as a private person or a business person or an employee acting on behalf of a business (hereinafter “Customers”) 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, transmission of relevant documents and data directly from the shippers’ computer and other functions related to DHL Express' services (all together “Functions”).
2. These terms shall apply to Customer's use of MyDHL+ and its Functions. Additional terms, to be accepted separately by Customer, may apply to certain Functions. All transportation services provided by DHL Express are subject to the DHL Express Terms and Conditions of Carriage.
3. Customer shall use MyDHL+ only for the DHL Express related purposes set out in section 1. They shall comply fully with these Terms of Use and all instructions on the use of MyDHL+ and the Functions. 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, or (d) rent, lease, sublicense, lend or otherwise redistribute MyDHL+ or any of the Functions.
4. Customer who wants to register for continuous usage of MyDHL+ shall complete the required data into the registration mask. By sending an activation e-Mail DHL Express confirms the registration and the Functions may be used immediately thereafter.
5. When using the Function “Create a Shipment” or “Schedule a pickup””, the creation of the shipment or the request for the pickup within MyDHL+ does not constitute the contract of carriage. The contract of carriage will only be concluded when the shipment is handed over and accepted by DHL Express.
6. Customer accepts that DHL Express is free to modify or discontinue, temporarily or permanently, the Functions of MyDHL+ or replace it with another IT-Solution at its sole discretion at any time.
7. DHL Express reserves the right to change and/or limit usage of any Function and/or Content at any point in time, in particular if (a) Functions and/or Content are modified or discontinued or (b) Customer has violated the MyDHL+ Terms of Use or (c) maintenance work is to be done. Customer agrees that DHL Express shall not be liable to Customer or to any third party for any modification, suspension or discontinuance of the Functions and/or Content.
8. 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 MyDHL+ is owned, or licensed by DHL Express and is protected by copyright and trademark laws and other intellectual property rights. Except as expressly provided in the MyDHL+ Terms of Use, no part of MyDHL+ 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 Express’ prior written consent.
9. Customer grants DHL Express the right to use all data, documents or other information transmitted by the Customer within MyDHL+, including your company letterhead, electronic signatures and other IP transferred with it (“Information”), for the purposes specified in the Functions. This includes the use of the Information, for the purpose of processing and transporting shipments, including Paperless Trade shipments. Customer shall be solely responsible for, and shall indemnify DHL Express in full against, any claims, losses, damages or consequences that may arise from the use of or reliance on the Information.
10. Customer is responsible for all activities conducted via MyDHL+ including but not limited to the use of the notification Function, in accordance with the applicable laws, in particular competition and data protection and customs laws. In particular Customer shall obtain the consent of any receiver for the receipt of e-mail or SMS from DHL Express or any other data, documents or information in electronic form and in general, from any third party, for personal data owned by any third party and which Customer has provided to DHL Express. On request of DHL Express, Customer shall provide DHL Express with evidence of such consent.
11. Customer shall use the security Functions offered, currently eSecure, and follow the security information provided by DHL Express within MyDHL+. In particular 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 Customer (“authorized user”). Customer shall notify the authorized users about their obligation and shall obtain corresponding undertakings from the authorized users. Customer acknowledges its own responsibility for the use of MyDHL+, also in relation to 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.
12. 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.
13. Unless otherwise specified within MyDHL+ or the Functions, the parties shall provide all Information, incl. invoices, electronically within MyDHL+. Customer shall ensure that all Information which he transmits 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.
14. Customer accepts that DHL Express will incur costs in processing shipping orders made in MyDHL+ 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.

15. DHL Express will collect, store and process personal data provided by Customer in MyDHL+ as required for the provision of the services, in accordance with applicable laws and the DHL Group Data Privacy Policy. The DHL Privacy information is available under the tab “Privacy Notice” in the footer of the website. MyDHL+ may contain links to other independent third party websites (“Linked Sites”). These Linked Sites are not under DHL Express’s control and DHL Express is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained in such Linked Sites. Customer confirms that they obtained appropriate consent for any personal data owned by any third party and which you have provided to DHL.

    MyDHL+ and the Functions are provided on an "as is" basis. DHL Express, to the fullest extent permitted by law, excludes 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 MyDHL+. No information obtained via MyDHL+ shall create any warranty not expressly stated by DHL Express in the MyDHL+ Terms of Use.

16. 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, penalties, fines 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 the same. 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 per event. To the extent permitted by law, the remedies stated in the MyDHL+ Terms of Use are exclusive and are limited to those expressly provided for in the MyDHL+ Terms of Use.
17. Customer hereby indemnifies DHL Express 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 MyDHL+ Terms of Use by the Customer.
18. 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.
19. DHL Express may revise these MyDHL+ Terms of Use at any time. DHL Express shall notify the Customer of any changes to these MyDHL+ Terms of Use in text form (e.g. via the platform or by e-mail) (“notification of changes”). The changes shall take effect vis-à-vis Customer and the contractual relationship shall continue under the changed conditions if Customer does not object to these changes within four (4) weeks after receiving the notification of changes by means of written notification to DHL Express. This deadline shall be deemed to have been met so long as the objection is sent to DHL Express within this time period. DHL Express shall specifically point out to Customer in the written notification of changes the above consequences of failure to object.
20. These My DHL+ Terms of Use shall be governed by the laws of the country where the DHL Express contracting entity has its seat. In the event that Customer is a private person residing in an EU member state the aforementioned laws apply to the extent that these laws are not contrary to mandatory statutory provisions of the EU Member state of the Customer´s residence. The MyDHL+ Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any dispute arising from this agreement shall be subject to the exclusive jurisdiction of the courts where the DHL Express contracting entity has its seat.