PARS CARGO QUOTE ONLINE SYSTEM
(Version 1.0 of 12.06.2017)
I. Subject matter of the Terms and Conditions, Area of Application
1. PARS Logistic GmbH, Sportallee 79, 22335 Hamburg / Germany (hereinafter referred to as: “PARS“), provides access to its PARS CARGO QUOTE ONLINE SYSTEM (hereinafter referred to as “PCQOS”) to certain individuals who need access to other computer systems for the support of PARS business, e. g. to PARS employees, to suppliers and to customers (such individuals hereinafter referred to as “User”). PCQOS provides each User with a user profile consisting of a unified login name (hereinafter referred to as “PCQOS ID”) and a password (hereinafter referred to as “PCQOS password”). By using the PCQOS ID and the PCQOS password User can log on to computer applications which are connected to PCQOS (hereinafter referred to as “PCQOS-Enabled Services”). PCQOS-Enabled Services are PARS E-Services. Moreover, a User may modify its data and exercise certain procedures for the administration of its access rights via PCQOS.
2.These General Terms and Conditions apply to any use of PCQOS by User. Terms contrary to these General Terms and Conditions as well as deviating conditions of User shall not apply unless PARS has expressly agreed to their application in writing.
II. Representation of business partners by User/Obligations of represented legal Entities
If User is granted access to PCQOS in connection with User’s employment for another legal entity (e. g. a service provider working for PARS, a PARS customer etc.), User acts in its own name as well as representing such other legal entity regarding the obligations that are provided in these general terms and conditions. The represented legal entity warrants that User complies with such obligations.
III. User’s obligations
1.The user profile shall be filled in completely and correctly. User shall update the registration data if changes occur.
2.User shall choose a secure PCQOS password, that prevents misuse of the PCQOS password by third parties as far as possible (e. g. PCQOS password shall not include the name, date of birth or any other personal data).
3.The PCQOS ID and the PCQOS password shall be kept secret and handled with maximum care by User. User shall not pass their PCQOS ID and/or their PCQOS password on to any other person (including other individuals working for the same legal entity) and prevent them from being lost or becoming known to third parties.
4.If the PCQOS password is disclosed to another individual, or if the User becomes aware of a misuse, or if there is any reason to believe that another individual has obtained knowledge of the PCQOS password, User shall immediately change the respective SIMS password and immediately inform PARS about the disclosure or misuse.
5.User shall only use PCQOS for the PCQOS-Enabled Services, the User is authorized to use. Circumvention of security measures, intrusion into unauthorized PCQOS-Enabled Services or into the PARS-System and any misuse of SIMS is prohibited and shall be prevented via adequate measures by User.
1.User undertakes, during the usage time of PCQOS and for a period of time of ten years after it has ended, to maintain secrecy regarding all information of which they gain knowledge in connection with the use of PCQOS as well as information about PCQOS (e.g. malfunctions), whereby such information is described as confidential, or for other reasons is identifiable as a company or business secret, and – in the absence of express prior written authorization – neither to record such information nor forward it to third parties or use it in any way.
2.The following is excluded from the provisions in Sec. IV 1:
-Information that User was already aware of prior to the receipt of such confidential information made available in connection with the use of PCQOS, or that is forwarded by third parties as non-confidential, insofar as such a party does not, for its part, violate confidentiality obligations;
-Information that is in the public domain, or is placed in the public domain, without User’s contributions, or
-Information that must be disclosed due to official or court rulings
In the last case, User shall inform PARS without delay prior to disclosure.
V. Rights of Use
PARS grants User a non-exclusive, non-transferable, right for which sublicenses may not be issued and that is restricted to the authorized usage time of PCQOS, to use PCQOS in order to log on to the authorized PCQOS-Enabled Services. VI. Termination
PARS is entitled to forbid further use of PCQOS and to block the user profile and the PCQOS password at any time fully or partly at its sole discretion. VII. Final Provisions
1.Changes to these General Terms and Conditions must be made in writing to become effective. This also applies for any change to this clause requiring written form.
2.These General Terms and Conditions shall be governed by German substantive law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
3.Regarding a merchant, a legal person under public law or a separate estate under public law the exclusive place of jurisdiction for all disputes resulting from the use of PCQOS is Hamburg (Free and Hanseatic City of Hamburg, Germany).