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Terms of Use Customer Portal

1. Scope of application of the terms of use

(1) These terms of use by Panalpina Management Ltd, Viaduktstrasse, 42, CH-4002 Basel (hereinafter “Panalpina”) apply to the use of the platform Customer Portal, which is available on the Internet under https://my.panalpina.com (hereinafter “platform”).

(2) The platform offers approved customers (hereinafter “user”) information on different Services and the option to get offers and/or book Services.

(3) The user be notified of amendments of these Terms of Use in writing, per telefax or via email. If the user does not object an amendment within four weeks after receipt of notification, the amendments shall be deemed as accepted. The user will be separately made aware of the right of objection and the legal consequences of the reticence in the case of an amendment of the Terms of Use.

(4) The user has taken note of the Customer Portal Privacy Policy which has been made available by Panalpina.

 

2. Registration Process

(1) By completing the online registration process and creating a profile, a user contract based on these Terms of Use is concluded with Panalpina.

(2) The creation of a user account is required for the creation of a profile. This consists of a user name and a password ("log-in data").

(3) The creation of a user account is only possible after admission by Panalpina and by using a current e-mail address of the user. This e-mail address is also used for communication with Panalpina.

(4) After admission the user can create further accounts for his employees. In case of such a creation any actions of further user accounts will be attributed to the user.

(5) The user assures that the data used when creating his profile or further user accounts are accurate and complete. 

3. Use of the profile

(1) When using the profile, the user can make use of various services:

·        Subject to the user's role, open further user accounts for employees of the user

·        get information and an offer on the Services

·        place an order

·        tracking of shipments

(2) If the user places an order further Terms and Conditions of the Panalpina entity providing the Services have to be expressly accepted.

(3) Panalpina is entitled to block access to individual contents at any time, e.g. if it is suspected that these violate applicable law or the rights of third parties. The user has no claim to the maintenance of individual functionalities of the portal.

(3) Panalpina makes every effort to ensure the smooth operation of the portal. This is naturally limited to services over which Panalpina has an influence. Panalpina is at liberty to restrict access to the Portal in whole or in part, temporarily or permanently, due to maintenance work, capacity requirements and other events beyond Panalpina's control.

 

4. Obligations of the user

(1) The user undertakes to observe applicable law (e.g. criminal law, competition law and youth protection law) when creating and using his own content and not to infringe the rights of third parties (e.g. name, trademark, copyright and data protection rights).

(2) The user undertakes vis-à-vis Panalpina to ensure that any content placed on the portal does not violate any applicable law by its content or form. The same applies to the setting of external links. In particular, it is not permitted to disseminate content that is

·        copyright infringing content or other infringements of intellectual property rights

·        personality offensive statements, defamation, defamation and slander by users and third parties as well as violations of the fair-trading law.

(3) The user is obliged to handle the log-in data carefully. Without exception, the user is prohibited from disclosing the log-in data to third parties and/or allowing third parties access to the profile by circumventing the log-in data.

(4) The user must refrain from any activity that could impair and/or excessively burden the operation of the portal or the underlying technical infrastructure. This includes in particular:

·        the use of software, scripts or databases in connection with the use of the portal;

·        the automatic reading, blocking, overwriting, modifying, copying of data and/or other contents, as far as this is not necessary for the proper use of the portal;

(5) Should disruptions occur during the use of the portal or its functionalities, the user will immediately inform Panalpina of this disruption. The same shall apply if the user obtains information about content published by third parties which obviously violates applicable law or the rights of third parties. 

5. Conclusion of a Contract

(1) The presentation of the services on the platform does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).

(2) By clicking „Book“ after accepting the expressly stated further Terms and Conditions in the last step of the order process, you submit a binding offer for purchase of the services displayed in the order overview. After submitting the order, the user will receive an order confirmation, which however does not yet constitute the acceptance of the contract offer. A contract comes into existence between the user and the respective Panalpina affiliate as soon as we accept your order and/or booking by means of a separate email or dispatch the goods.

(3) When you are using the ocean freight module and you have pre-agreed rates with the respective Panalpina affiliate, you can proceed with a booking without first requesting a quotation. In this case, after submitting the request, you will receive an email containing our contract offer. A contract only comes into existence between the user and the respective Panalpina affiliate if the user explicitly accepts such offer within 24 hours.

(4) The user will receive the contractual provisions together with information on the services booked by e-mail upon acceptance of the contract offer together or together with the notification thereof this. We do not store the contractual provisions for you.

6. Liability

(1) Unlimited liability: Panalpina is liable without limitation for intent and gross negligence and in accordance with the Product Liability Act.

(2) Panalpina is not liable for (i) damage caused by slight negligence (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from temporary or permanent interruption of the network or delay of Services, or (v) any acts and omissions on the part of auxiliary persons of Panalpina, be this contractual or non-contractual. You are responsible for taking adequate measures to protect your devices and personal networks from unauthorised access. Panalpina accepts no responsibility for spamming, hacking, transfer of viruses and other attempts by third parties to enter the devices and personal networks used by you and any damage caused as a result.

 

7. Claim for exemption

The user indemnifies Panalpina and its employees or agents against all claims of third parties in the event of claims based on alleged or actual infringement of rights and/or infringement of rights of third parties by actions undertaken by the user in connection with the use of the portal. In addition, the User undertakes to reimburse all costs incurred by Panalpina as a result of claims made by third parties. Reimbursable costs also include the costs of an appropriate legal defence.

 

8. Contract duration and Termination

(1) The contract on the use of the platform runs for an indefinite period and can be terminated by either party at any time without notice and without giving reasons.

(2) In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected.

(3) An important reason for Panalpina to terminate this contract exists if the customer persistently violates his obligations according to Clause 4 of this contract.

 

9. Final provisions

(1) Should the contract contain ineffective regulations, the effectiveness of the rest of the contract remains unaffected.

(2) The present contract shall be governed exclusively by Swiss law.

Version: 13th February 2019