By registering as a DHL Trade Automation Service user (referred to as TAS for the remainder of the document) and opening up an account, you are entering a legally binding agreement with DHL, on behalf of yourself and/or the entity you represent, that you accept and will comply with these TAS terms and conditions. These TAS terms and conditions explain DHL's obligations to you and your obligations to DHL for the TAS services. When you use your account or permit someone else to use it to obtain TAS services, these TAS terms and conditions govern such service or actions. By using the service(s) provided by DHL under these TAS terms and conditions, you acknowledge that you have read and agree to be bound by all of their provisions. It is recommended that you print out and retain a copy of this document.
- Acceptance. You agree that clicking the "I Accept" button prior to registering for TAS is equivalent to a hard-copy signed document between you and DHL. These TAS terms and conditions are not negotiable. You may decline the TAS terms and conditions, but if you do so, you will not be able to register or use the TAS website or the TAS services.
- Registration. To register to use TAS, you will select a user name (login) and password, and provide DHL with a current, valid e-mail address and contact information. You certify that the information you provide will be accurate and that you will update it promptly if any of it changes.
- Security. You agree to keep your TAS password confidential, to safeguard it and your computer(s) from access by others, and to log out of the website when your TAS session is complete. You are responsible for any use of the TAS website and TAS services made under your login and password. If you become aware of or suspect any unauthorized use of your TAS account, or any known or suspected security breach such as disclosure or loss of your password or theft of your TAS account information, you should notify DHL promptly.
- TAS Services. "TAS" stands for DHL's Trade Automation Service. TAS services provide you with international shipping information including landed cost estimates, restricted party screening, product classification, product compliance screening, trade documentation, a comparative sourcing analyzer, and other resources. DHL will provide these TAS services to you as described more fully in the TAS website. All services are subject to these TAS terms and conditions.
- Cost. At this time, there is no cost for using the TAS website or the TAS services. We reserve the right to begin charging for the services at any time upon notice to you, and/or to charge for certain special or premium TAS services, which will be clearly marked.
- Your Warranties and Representations. You warrant and represent that (a) you are at least 18 years of age, (b) you have obtained all necessary Authorization to enter into and perform this agreement, and (c) you will use the TAS services only for lawful purposes and in accordance with these TAS terms and conditions.
- Modification of TAS Terms and Conditions.DHL may modify these TAS terms and conditions at any time and will notify you by means of a general notice posted on theTAS home page (where you log in to use the TAS website). Your continued use of TAS after the posting of such modifications will constitute your acceptance of the modified TAS terms and conditions.
- DHL Website Terms and Conditions.
The general DHL Website Terms and Conditions and Privacy Statement (and as they may be amended in future) apply to your use of TAS and are incorporated in these TAS terms and conditions by reference. These TAS terms and conditions do not apply to other parts of the dhl.com website or to other DHL websites.
- Use of TAS. You may not use the TAS website and the TAS services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, infringe upon another person's rights or violates the terms of this Agreement. You may use the TAS website and the TAS services solely for your personal use or for use by the entity you represent. You may not offer for sale, resell, market or distribute TAS services in whole or in part, nor may you resell or otherwise commercially exploit in any manner any of the content on the TAS website or data obtained from TAS queries. You may not scrape or display information from the TAS website for use in another website or service whether or not for payment. You agree not to post any content from the TAS website to newsgroups, mail lists, weblogs ("blogs"), or electronic bulletin boards, without DHL's prior written consent. You acknowledge that the information obtained from the TAS website is time-sensitive and may change frequently, and you agree not to create a database using the content.
- Modification of TAS. DHL may modify the TAS offering and may terminate the TAS offering, at any time, without notice, either temporarily or permanently, without incurring any liability to you.
- The Terms "You," "Your," and "DHL". In these TAS terms and conditions, the terms "you" and "your" means you personally (if you are an individual TAS user) or the entity you represent (if your registration is on behalf of an entity) and the term "DHL" means DHL International GmbH and its subsidiaries, affiliates and agents.
- Shipments. These TAS terms and conditions do not modify the Conditions Of Carriage which govern your DHL shipments. For all shipments, you are responsible for the accuracy of information which you fill in on shipment documents and also for complying with all applicable export, import, and other requirements applicable to your shipments.
- Other Websites. DHL is not responsible for the content or accuracy of information obtained from any third party (non-DHL) websites which may be linked to or from the TAS website, or which you may access from the TAS website.
- Termination. You may terminate this agreement and your use of TAS at any time. DHL may suspend or terminate your use of TAS if you fail to comply with these terms and conditions or in other appropriate circumstances, with no liability to you.
- Intellectual Property. The TAS website, the user interfaces, the "look and feel," the content available through the TAS website, and all associated know-how, methodologies and processes are and will remain the sole property of DHL or DHL's third party suppliers and are protected by copyright, trademark, trade secret and other intellectual property laws. You may not copy, reverse engineer, decompile or create derivative works from the TAS website or the TAS services. You may print out or electronically store the results of TAS queries for your personal use or use by the entity you represent. You will cooperate promptly and completely with any reasonable request by DHL related to an investigation of infringement of copyright or other intellectual property right.
- Disclaimer of Warranty. YOUR USE OF TAS IS AT YOUR OWN RISK, AND YOU ACKNOWLEDGE THAT THE TAS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DHL DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, AND NON-INFRINGEMENT. THE TAS SERVICES ARE NOT WARRANTED TO BE UNINTERRUPTED OR ERROR-FREE. DHL IS NOT LIABLE FOR ANY INABILITY TO ACCESS OR DELAY IN ACCESSING TAS DUE TO UNAVAILABLE OR UNRELIABLE TELECOMMUNICATIONS NETWORKS OR INTERNET SERVICE PROVIDERS, INCOMPATIBLE EQUIPMENT OR SOFTWARE YOU USE FOR SUCH ACCESS, OR OTHER CAUSES BEYOND DHL'S CONTROL.
- Limitation of Liability. In no event will DHL be liable for any indirect, special, consequential, incidental, punitive or exemplary damages (including but not limited to loss of business, loss of revenue, loss of profits, loss of goodwill, lost opportunity, business interruption, or loss of information) arising out of your use of or inability to use the TAS services, even if DHL has been advised of the possibility of such damages. WHILE DHL ENDEAVOURS TO PROVIDE ACCURATE AND CURRENT INFORMATION VIA THE TAS WEBSITE, AS NOTED ABOVE IN CLAUSE 17,DHL CANNOT GUARANTEE THAT THE SERVICE WILL BE FREE FROM ERRORS.DHL'S MAXIMUM LIABILITY,AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY ERRORS IN TAS SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT IS LIMITED TO THE FEE YOU PAID (IF ANY) FOR THE ERRONEOUS TRANSACTION OR US$50.00, WHICHEVER IS LESS . THE LAWS OF CERTAIN COUNTRIES OR STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN CLAUSES 17 AND 18 MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Indemnification. You agree to indemnify, defend and hold harmless DHL and DHL's affiliates, subsidiaries, directors, officers, employees, and agents from all claims, losses, damages, liabilities and costs (including reasonable attorneys fees) resulting from your use of TAS services and/or your failure to comply with these TAS terms and conditions.
- Governing Law. This agreement is governed by the laws of Belgium, without regard to conflict of law principles.
- Entire Agreement. These TAS terms and conditions constitute the entire agreement for the use of the TAS website and the TAS services, and any other written or oral statements are superseded.
- Notices. E-mail notices will be the sole method by which we will communicate. DHL will send notices and any other pertinent information to you at the e-mail address you supply when you register for TAS services or have subsequently updated. You will send notices to DHL using the Contact Us e-mail link in the TAS website.