TERMS OF USE

Platform Speedy GONZALES Terms of Use

1.

Net Logist doo, hereinafter referred to as “Net Logist”, fully referred to technical and infrastructural systems of DHL International Beograd D.O.O., hereinafter referred to as “DHL Express”, offers an online platform Speedy Gonzales (hereinafter “Gonzales”) to do business with Net Logist as simple as possible by permitting the printing of labels, scheduling of pickups, storing contact details, tracking of shipments directly from the shippers’ computer and other functions related to Net Logist’s services (all together “Functions”).

2.

These terms shall apply in relation to Customer`s use of Gonzales and its Functions. The transportation itself is subject to the respective Terms and Conditions about DHL Express transportation services which will be accepted separately by the Customer.

3.

Customer shall use Gonzales only for the Net Logist related purposes set out in paragraph 1. He is not allowed to (a) modify, interfere with, disable any features, functionality or security controls of Gonzales and its functions; (b) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms of Gonzales and its functions, or (c) reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form of Gonzales and its functions.

4.

Customer must be to registered for continuous usage of Gonzales and shall give in the required data into the registration mask. By filling Registration form and sending an activation e-Mail to Net Logist, (info@gonzales.rs) confirms the registration and the service may be used immediately thereafter.

5.

In the case that the Customer uses the service “ordering of labels”, the printing of the label via Gonzales does not constitute the contract of carriage. The contract of carriage will only be concluded when the labeled shipment is handed over and accepted by DHL Express. It shall be governed by the respective Terms and Conditions about DHL Express transportation services.

6.

Customer accepts that Net Logist is free to modify the Functions of Gonzales or replace it with another IT-Solution at its sole discretion at any time.

7.

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 Gonzales is owned, or licensed by Net Logist and is protected by copyright and trademark laws and other intellectual property rights. Except as expressly provided in these Platform Gonzales Terms of Use, no part of Gonzales 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 Net Logist’s express prior written consent.

8.

Customer is responsible for all activities conducted via Gonzales including but not limited to the use of the ShareQuote and/or other notification functionalities in accordance with the applicable competition and data protection laws.

9.

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 Gonzales in order to use the Functions on behalf of the Customer shall be authorized by the Customer (“authorized user”). Customer shall notify the authorized users about his obligation and shall obtain corresponding undertakings from the authorized users. Customer acknowledges its own responsibility for the safekeeping, handling and use of Gonzales, also in relation to the shipments that may be requested by third parties through Gonzales. Customer agrees to notify Net Logist immediately of any unauthorized use of Customer’s account or password, or any other breach of security.

10.

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 Net Logist.

11.

Customer shall ensure that all information which he provides to Net Logist and DHL Express via Gonzales 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.

12.

Customer accepts that Net Logist and DHL Express will incur costs in processing the Shipping orders and that Net Logist and 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.

13.

Net Logist and DHL Express will collect, store and process personal data provided by Customer in Gonzales as required for the provision of the services, in accordance with applicable laws and the Deutsche Post DHL Data Privacy Policy. The DHL Privacy information are available under the tab “Privacy Notice” in the footer of the website. Gonzales may contain links to other independent third party websites (“Linked Sites”). These Linked Sites are not under Net Logist and DHL Express’s control and Net Logist 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.

14.

The services and the information on Gonzales are provided on an „as is“ basis. DHL Express, to the fullest extent permitted by law, disclaims 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. Net Logist and DHL Express, its affiliates or agents make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through Gonzales. No information obtained via Gonzales shall create any warranty not expressly stated by Net Logist and DHL Express in these terms.

15.

Some jurisdictions do not allow limitations of implied warranties, so the limitations and exclusions in this section may not apply to some Customers.

16.

To the extent permitted by law, in no event shall Net Logist and DHL Express, its affiliates or agents be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption or otherwise resulting from the use of or inability to use Gonzales, whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not Net Logist and DHL Express is advised of the possibility of such damages. Without limiting the foregoing, to the extent permitted by applicable law, in no event shall Net Logist and 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. To the extent permitted by law, the remedies stated in these terms are exclusive and are limited to those expressly provided for in these terms.

17.

Customer hereby indemnifies Net Logist and 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 Platform Gonzales Terms of Use by the Customer.

18.

The Parties may terminate or suspend the Customer`s use of Gonzales at any time at its sole discretion. Upon such suspension or termination, Customer must immediately (a) discontinue his use of Gonzales and (b) delete any copies he may have made. Customer agrees that Net Logist and DHL Express shall not be liable to him or to any third party for any termination or suspension of Customer`s access to Gonzales. The termination of the contract about the use of Gonzales does neither affect the orders via Gonzales nor the transportation agreement itself.

19.

Net Logist and DHL Express may revise these Platform Gonzales Terms of Use at any time. Net Logist shall notify the Customer of any changes to these Platform Gonzales 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 the Customer and the contractual relationship shall continue under the changed conditions if the 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 the Customer in the written notification of changes the above consequences of failure to object.

20.

These Gonzales Terms of Use shall be governed by the laws of the country where the Net Logist and DHL Express contracting entity has its seat, to the extent that these laws are not contrary to mandatory statutory provisions of the EU Member state of the consumer´s residence. They 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 contracting DHL Express entity has its seat.