1. What is On Demand Delivery?
1.1 DHL Express (USA), Inc. (“DHL”) allows you as a receiver of a DHL Express shipment to choose a delivery option for your shipment. DHL calls the possibility of selecting such preferences “On Demand Delivery” or “ODD” and together “ODD Services”. You may indicate your preferred option by accessing a DHL Express website or using a DHL Express application (the “App”) (and each the “Site”);
1.2 Certain ODD Services may be chargeable. Any applicable fees will be clearly mentioned during the selection process for the respective ODD Services.
1.3 You can specify your general delivery preferences for future shipments as well as your preferred method for DHL to contact you in relation to such future shipments, by registering on the Site. The relevant terms are at Clauses 9, 10 and 11 below.
1.4 If you do not register on the Site, DHL will send notifications of imminent deliveries to you using any contact details provided by the sender of the relevant shipment (the “Shipper”). DHL is not responsible for the accuracy of any contact data provided by the Shipper.
3. Use of the Site
3.1 You are responsible for using the Site in accordance with these Terms, lawfully and in good faith, so as not to cause any damage or harm of any kind (including reputational damage) to DHL or any third party as well as for the accuracy, completeness and truthfulness of the data and information you provide to DHL through the Site. You shall not use the Site and/or the ODD Services in a way that violates applicable law or these Terms.
3.2 Unless otherwise specified on the Site, all data, documents and other information shall be shared electronically via the Site. You grant DHL the right to use all data, documents or other information for the purposes specified on the Site and in relation to the specific ODD Services.
4. Intellectual property
4.1 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 on the Site 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 or in the ODD Terms, no Content may be – in whole or in part – copied, scraped, modified, 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 prior written consent.
4.2 By way of example and without limitations, you shall not or not attempt to and not authorize or permit others to:
a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code form or structure of the Site;
b) offer for sale, market, distribute, sublicense, assign, share, timeshare, (re-)sell, rent, lease, grant a security interest in, or use for service bureau or utility computing purposes, the Site in whole or in part, nor may you otherwise commercially exploit in any manner any of the Content or data obtained from use of the Site.
5. Availability of the Site
DHL will use reasonable efforts to ensure that the Site is available 365 days per year except during scheduled maintenance windows. The Site is deemed available as long as you are able to access the ODD Services in relation to individual shipments and in the case of registered users, to log in to your account. DHL makes no specific guarantees regarding the continued operation of the Site, nor in terms of service levels for identifying or resolving reported issues.
6. IT Security
6.1 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 in connection with your use of the Site.
6.2 It is your responsibility to take appropriate precautions to ensure the security of your computer systems and networks (or in the case of use of the App, the security of your mobile phone or tablet) as well as the integrity and confidentiality of your data.
6.3 You shall not attempt nor permit third parties to:
a) gain unauthorized access to information or data, which is not yours or intended for your use, or use information and data of third parties without authorization;
b) perform any security tests (e.g. pen-testing), performance tests (e.g. load-testing), stress tests or similar tests on the Site;
c) use any automated systems and/or software (including, crawlers, spiders, search-bots, browser plug-ins, extensions, add-ons or other technological means or processes), to access, scrape or modify the Site or to copy, add, download or retrieve Content from the Site;
d) interfere with, modify, disable, hinder or damage the accessibility and any features, functionality or security controls of the Site;
e) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the Site;
f) introduce viruses, trojans, worms, logic bombs or other technologically harmful or malicious materials or perform (distributed) denial-of-service attacks or other cyber-attacks;
g) procure (e.g. by way of phishing or (social) pharming) and use or deploy user credentials, such as user names, passwords, credit card information;
h) engage in industrial espionage to retrieve data and/or information (especially data and/or information representing trade or business secrets) by any of the above actions.
6.4 You shall not permit third parties to integrate ODD Services and/or the Site 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 the Site.
7. Liability and Claims
7.1 No information obtained via the Site shall create any warranty not expressly stated by DHL in these Terms.
7.2 To the extent permitted by law, in no event shall DHL, 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 the Site and the ODD Services, whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not DHL is advised of the possibility of the same. Without limiting the foregoing, to the extent permitted by applicable law, in no event shall DHL'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.
7.3 Any claim regarding the operation of the Site must be made in writing, within a period of 14 (fourteen) days after the occurrence of the anomaly and/or malfunctioning.
8. Circumstances not under DHL’s control
8.1 DHL will not be liable for any damages caused by chance or circumstances beyond the reasonable control of DHL, including, without limitation, acts of God, compliance with any acts of any governmental or other authority, war or national emergency, riots, civil commotion, acts of terrorism, piracy, severe weather conditions (like storms or floods), explosion, fire, 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 Site (or other DHL-authorized sites) 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 disputes (in each case whether or not affecting 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.
8.2 DHL shall use all reasonable endeavors to mitigate the effects of such circumstances on the performance and/or the availability of the Site and or the ODD Services. For the avoidance of doubt, a close down of the Site or the ODD Services due to an information security-related event or a cyber-attack shall always be deemed to be a mitigation action.
9. Terms applicable to use of the Site as a registered user
9.1 Registration on the Site is free of charge. You are not required to register on the Site to access the ODD Services. However, you must register in order to set your preferences for future shipments or to customize your DHL communications.
9.2 DHL will confirm your registration by sending an activation e-mail, which will allow you to set up an account and you may register your preferences immediately thereafter.
9.3 You are responsible for the management and use of your account and associated login credentials and passwords (“Login Credentials”), including in connection with the use of the same or any ODD Services by any third parties. You shall keep the Login Credentials secret, protect them against access by unauthorized third parties and shall not disclose them to unauthorized users. No claim may be brought against DHL in the event that your account or Login Credentials are used by unauthorized third parties.
10. Suspension of the use of registered user’s account
10.1 DHL reserves the right to suspend the use of your account, immediately and without notice, in the event (i) of misuse, fraudulent, illegal and/or contrary to good faith use of the Site; (ii) DHL reasonably determines that there is a material breach of your obligations according to these Terms; or (iii) there is a reasonable suspicion of a security incident; (iv) extraordinary maintenance work is to be done; or (v) such suspension or limitation is required by law, a court decision, or a request from a governmental body. DHL's failure to enforce the rights and/or entitlements granted to it by one or more of the provisions of these Terms shall not be construed as a waiver nor prevent DHL from demanding, at any time thereafter, strict compliance by you with the contractual provisions.
10.2 In case of a material breach of your contractual obligations DHL’s right to terminate pursuant to Clause 11 and all other rights and remedies we may have, remain unaffected.
11. Duration and Termination of registration
11.1 The registration on the Site is granted for an indefinite period. You may close your account at any time. In addition to its the right of suspension as per Clause 10, DHL may terminate your account with at least 14 (fourteen) days written notice and will do so if your account is inactive for 24 months.
11.2 In any case of termination for any reason whatsoever, your obligation to pay fees for any ODD Services already ordered remains unaffected.
12. Validity of the Terms and Unilateral Modifications
12.1 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.
12.2 DHL may at any time upgrade, restrict or otherwise modify the Site including, but not limited to, the contents or features or may substitute the Site with another solution.
12.3 DHL may revise these Terms at any time. DHL indicates any changes to these Terms on the Site.
13. Data Protection
13.2 For specific ODD Services involving third parties (e.g. the Leave with Neighbor option), DHL may use the specified third party´s address data. By requesting the relevant ODD Services, you confirm to have obtained the consent of the involved third parties. You agree to provide DHL with evidence of their consent on request.
13.3 DHL may make promotional links available on or via the Site. These links are created by the Shipper and DHL is not responsible for the content of any webpages at the promotional links or the execution of such promotion.
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 and all disputes will be settled exclusively by the courts of the place in which DHL has its seat. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
FURTHERMORE, DHL EXPRESS ON DEMAND DELIVERY IS SUBJECT TO THE FOLLOWING TERMS:
15. Shipments are delivered by DHL on the instructions of the Shipper and as supplemented by these ODD Terms.
16. The available ODD Services are described on the Site.
17. Not all ODD Services will always be available. For example, the Shipper may prohibit certain ODD Services in which case, those will not be available on the Site. If you are a registered receiver and if the preferred ODD Service is not available, DHL will use another of your preferred ODD Service which is available for the shipment, and if no other option is available, will deliver in accordance with DHL’s standard delivery procedure.
18. Certain ODD Services may be subject to restrictions or instructions (such as on a suitable safe place for delivery) as set out on the Site. You must comply with such restrictions or instructions and DHL shall not be obliged to deliver the shipment in accordance with your preference if you do not so comply.
19. DHL will comply with your preferred ODD Service to the extent possible.
20. If you submit more than one request for an ODD Service per shipment, DHL will take account of the most recent one.
21. DHL explicitly reserves the right, in exceptional circumstances, to deliver shipments to other authorized persons (substitute receivers) or to deliver them for collection at a DHL Service Point, even where you have not requested DHL to do so, if neither you nor an authorized person is present at the time of delivery.
22. DHL may contact you if your request is unclear.
23. Selection of an ODD Service when the shipment is out for delivery (as will be clear from the Site) may lead to a later delivery.
24. DHL’s responsibility in relation to the shipment ends on delivery in accordance with the relevant ODD Service. DHL is not liable for any loss or damage which occurs after delivery.
25. DHL may at any time modify its services and the ODD Services available on the Site.