General Terms and Conditions of Use of “myDPD”

 

 

Clause 1: Legal notice

 

Publisher:

GeoPost SA

Nanterre Trade and Companies Register No. 340 012 392

Share capital: €701,573,487

26 rue Guynemer, 92130 Issy-les-Moulineaux, France

Publication Director: Jean-Claude Sonet

Contact details: +33 1 41 33 90 00 - communications@dpdgroup.com

 

Host:

T-Mobile Czech Republic a.s.

Tomíčkova 2144/1,148 00 Prague – Chodov, Czech Republic

Contact details: +420603603431 - http://t-mobile.cz/

 

Clause 2: Purpose of the General Terms and Conditions of Use

 

These General Terms and Conditions of Use govern access to and the use of the www.mydpd.be website and the “myDPD” application, and define the terms and conditions governing the User’s use of the Site and Application.

 

                They set out the general principles governing access to the Services. Certain Services are also governed by their Specific Terms and Conditions. In such case, the Specific Terms and Conditions supplement these General Terms and Conditions of Use.

 

Clause 3: Definitions

 

“Application”: means the “myDPD” software application that can be executed using iOS, Android or Windows and that provides access to the Services.

 

“Comment(s)”: means statements posted by Users that describe the quality of the service provided by GeoPost or any of its subsidiaries.

 

“General Terms and Conditions of Use” or “GTCU”: means these terms and conditions of use for the Site and the Application.

 

“Specific Terms and Conditions”: means the general terms and conditions of sale or any other contractual document that applies specifically to each Service that can be accessed from the Site and the Application.

 

“Cookies”: a Cookie is a text file stored by the User’s web browser in a dedicated area of his Terminal’s hard drive when visiting a website. It enables the issuer thereof to identify the Terminal on which it is stored during its period of validity and to record certain information about the User’s browsing activity, in particular to simplify the User’s navigation on sites or applications or to offer him content relevant to his interests.

 

“Personal Data”: means data about any User who is an individual.

 

“Publisher”: means GeoPost.

 

 “GeoPost”: means GeoPost SA, a French société anonyme (limited company) with share capital of €701,573,487, whose registered office is located at 26 rue Guynemer, Issy-les-Moulineaux, and which is registered on the Nanterre Trade and Companies Register under number 340 012 392.

 

“GeoPost Network”: means collectively GeoPost, its subsidiaries (using among others DPD, SEUR, Chronopost brands) and the service providers involved in performing the Service.

 

“Services”: means the current version of all services provided to Users that can be accessed via the Site or the Application, as well as any changes thereto.

 

 “Site”: means the website that can be accessed at the following URL: www.mydpd.be or any other URL that may replace it.

 

“Terminal(s)”: means the equipment (computer, telephone, tablet, etc.) that the User uses to access the Site and use the Services.

 

“User”: any individual or legal entity who visits one or more pages of the Site.

 

Clause 4: Acceptance and changes to the GTCU

 

Access to and use of the Site and Application require acceptance of and compliance with these General Terms and Conditions of Use.

Regardless of the technical means of access and Terminals used, by navigating on the Site and using the Application the User will be deemed to be familiar with these GTCU and to accept all provisions thereof without reservation.

To the extent necessary, these GTCU will apply to any variation or extension of the Site and Application on current or future social and/or community networks.

 

The Publisher and its subsidiaries may amend the GTCU at any time due to the fact that the Site, Application and Services are subject to change, and to which modifications may be made, in particular by providing new functionalities or deleting or changing certain functionalities. Therefore, before navigating on the Site, the User is recommended to review the most recent version of the GTCU, which can be viewed at any time on the Site and in the Application. If the User disagrees with the GTCU, he should leave the Site or Application and cease all use of the Services.

 

Clause 5: Access to the Site, Application and Services

 

Any User who has a Terminal able to access the internet may access the Site and Application free of charge. All costs incurred to access the Site and Application, whether the costs of hardware, software or internet access, will be borne solely by the User.

 

The Publisher grants the User a personal licence to use the Application. This licence is non-exclusive, revocable, non-assignable, non-transferable and free of charge. It allows the User to obtain information and to access the Services for his own needs, to the exclusion of any other purpose.

 

This licence is granted for the whole world and for an indefinite term. The Publisher may terminate it at its discretion without prior notice.

 

In order to use certain Services (whether free or fee-based), the User must create a personal account by following the procedure below:

  • Click on “create an account” link, then follow all steps required to create a personal account;
  • Validate the creation of the temporary account and agree to have a confirming email sent to the e-mail address entered;
  • Click on the link in the confirming email received, which will redirect you to Site’s login page;
  • Connect to your personal account by entering your login and password.

 

The User must furnish and maintain accurate, complete and current information, and regularly update it. Failing this, the User’s registration will not be valid, and the Publisher reserves the right to take any measure deemed necessary to permanently or temporarily suspend his access to the relevant Service(s).

 

Before confirming his registration, the User should carefully read the GTCU and, if applicable, the Specific Terms and Conditions that apply to the Service(s) he wishes to use.

 

The User shall hold the Publisher harmless from any unlawful, non-conforming and/or unauthorised use of the information that can be accessed via the Site and Application.

 

Clause 6: Intellectual property

 

The Publisher is the creator of the Site and Application, which are works protected by the intellectual property laws in force.

 

The Site and Application as a whole, and each element they comprise, in particular texts, drawings, illustrations, logos, animated and non-animated images, databases and pictures, are the sole property of the Publisher, which has sole authority to assert the intellectual property rights in relation thereto.

 

Accordingly, the User shall not engage in the following non-exhaustive list of actions: directly or indirectly downloading, extracting, storing, using, reproducing, selling, disclosing, exhibiting, distributing, adapting and/or borrowing the content of the Services protected by intellectual property law, on any medium, by any means and in any form, without the express approval of the Publisher and/or its partners.

 

The Publisher owns several registered trademarks. No licence or other right to use these trademarks or any other that is a component of the Site and Application is granted to the User.

 

The User shall also not input data into the Site and the Application that will or may change the content or appearance of the data, the presentation or organisation of the Site and Application or of the works displayed on the Site and Application, using any process whatsoever.

 

All use of the trademarks, corporate names, trade names and other distinctive signs of the Publisher and/or its partners and/or subsidiaries is prohibited without the authorisation of the right-holders. Any reproduction or display, using any process, of all or part of the Site and/or Application or any component thereof, in whole or in part, without the Publisher’s express prior authorisation is strictly prohibited and constitutes infringement.

 

The Site and the Application enable Users to post Comments. Consequently, each User grants the Publisher, free of charge, a non-exclusive right to display, reproduce, adapt, modify, broadcast and distribute the Comments posted, directly or through an authorised third party, in the whole world and on any medium, for a period of five years.

 

Clause 7: Liability

 

Responsibilities/liability of the User

The User is solely responsible for the hardware and software necessary to access and use the Site, the Application or the Services, and the User is therefore solely responsible for the proper operation of his equipment and internet access. Consequently, the User is responsible for taking all appropriate measures to protect his data, computer systems and/or software from possible infection by viruses. The User is solely liable for its use of the Site and/or Services.

 

The Site and the Application also enable Users to post Comments about the quality of the Services requested. The User undertakes to comply with the laws in force in the Comments he posts, and to refrain from making offensive, insulting, derogatory, degrading, defamatory, slanderous, violent, discriminatory, racist or xenophobic statements. The Publisher reserves the right to moderate comments posted by Users, in advance and after the fact, and it reserves the right to refuse that they be posted, without the need to provide any justification, as well as to initiate any legal proceedings if necessary.

 

The User shall hold the Publisher harmless from any recourse, claim or action that may be initiated against it on any grounds due to the Comment(s) he posts.

 

Responsibility/liability of the Publisher

 

The Publisher will use reasonable endeavours to ensure that the information accessible via the Site and Application is accurate and up to date. However, the Publisher in no way warrants that such information is accurate, complete and up to date. The Publisher does not expressly or impliedly warrant that the information and data that appear on all or part of the Site are pertinent, accurate and up to date.

 

The Publisher will take all reasonable measures available to it to ensure high-quality access to the Site, the Application and/or the Services. The Site and the Application are accessible 24 hours a day, 7 days a week, except upon the occurrence of a force majeure event or event beyond the control of the Publisher, and subject to possible breakdowns and maintenance necessary for the proper functioning of the Site and the Application.

 

Subject to applicable statutes and regulations, the Publisher shall in no event be liable for any direct or indirect loss resulting from visiting or using the Site and/or the Application, regardless of the cause, origin, nature and consequences thereof. Furthermore, the Publisher shall in no event be liable for any disruption of the network and/or servers, or for any other event beyond their control, that may prevent or degrade access to the Site and/or the Application and/or the Services. The Publisher reserves the right to interrupt, temporarily suspend or modify, without prior notice, the access to all or part of the Site and/or the Application and/or the Services to perform maintenance or for any other reason, without such interruption creating any obligation to pay compensation.

 

Clause 8: Hyperlinks

 

The Site and/or Application may contain hyperlinks to other websites over which the Publisher has no control. Despite the verifications made before including any hyperlink on its website, the Publisher declines all liability for the content of such sites and any updates that may be made thereto.

 

The Publisher authorises hyperlinks to any page or document of its site, provided such links are not added for commercial or advertising purposes. Hyperlinks may be added only if the Site’s webmaster is informed in advance. This authorisation obviously excludes sites containing information that is illegal, violent, argumentative, pornographic, xenophobic or likely to be considered offensive. Lastly, the Publisher reserves the right to delete, at any time, any hyperlink to its Site it deems inconsistent with its editorial policy.

 

Clause 9: Use and management of Cookies

 

The Publisher use Cookies to provide Users with an optimal experience adapted to his personal preferences. The use of Cookies by the Publisher means that Users are not required to re-enter the same information each time they visit the Site. Cookies are also used to optimise the performance of the website.

 

The Site uses Cookies for audience measurement, navigation monitoring and geolocation purposes. These Cookies are stored on the entire Site, its mobile version and the mobile application associated therewith, if any:

  • Geolocation Cookies are used only to identify the User’s country in order to enable the Publisher to perform the Services offered under the best possible conditions.
  • Audience measurement and navigation monitoring Cookies collect anonymous statistical data on traffic to the Site and the applications in order to improve their ease of use.

Users may disable these Cookies under the “Managing the storage and reading of Cookies” tab.

 

Cookies stored directly or indirectly by the Publisher remain valid for a maximum period of 13 months. The User’s consent will be requested once again at the end of this period by displaying an information banner.

 

In the case of Cookies that enable the Publisher to monitor User’s navigation and collect traffic statistics:

 

  • You can accept or refuse these Cookies directly from the site below:

« http://www.xiti.com/fr/optout.aspx »

 

You can also disable all types of Cookies from your web browser or, in the case of Cookies for advertising purposes stored by third-party sites, directly from the YourOnlineChoices platform:

 

  • From your web browser:
    • Internet Explorer:
  • Click on “Tools” in the upper portion of the browser's window and select “Internet options”.
  • In the “Options” window, click on the “Privacy” tab.
  • To disable cookies, move the cursor to the top to block all cookies.

For additional information:

http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies

 

    • Firefox:
  • Click on “Tools” in the browser’s menu and select “Options”.
  • Click the “Privacy” tab.
  • To disable cookies, untick the “Accept cookies from this Site” box.

For additional information:

http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies

 

    • Google Chrome:
  • Click the Chrome menu button in the browser’s toolbar.
  • Select the “Settings” option.
  • Click on “Show advanced settings”.
  • In the “Privacy” section, click the “Content settings, cookies and site data” button. You will then have the option of deleting all cookies or deleting them one by one.

For additional information:

https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en

 

    • Safari:
  • Go to “Settings” > “Safari” > “Delete cookies and data”.

For additional information:

http://support.apple.com/kb/HT1677?viewlocale=fr_FR

 

    • Opera:
  • Go to “Settings” > “Advanced” > “Cookies”.

For additional information:

http://help.opera.com/Windows/10.20/fr/cookies.html

 

Clause 10: Relationships with partners and advertisers

 

Any commercial relationship of any type that the User may enter into as a result of the use of the Services with the Publisher’s partners or advertisers that advertise on the Services are entered into directly with such partners and advertisers without the Publisher being a party to such relationships. Consequently, the Publisher will not be liable for any loss the User may sustain as a result of his relationship with the Publisher’s partners or with advertisers.

 

Clause 11: Miscellaneous

 

If any provision of these GTCU is invalidated by the competent authorities, the other provisions will not be invalidated as a result.

The fact that the Publisher does not exercise any of these rights under these GTCU will not be deemed a waiver of the right to assert such rights.

 

Clause 12: Jurisdiction and governing law

 

These terms and conditions of use are governed by Belgian law.

 

The courts in Mechelen will have exclusive jurisdiction in the event of a dispute or disagreement, including in the event of multiple defendants or the joinder of third parties.

Version 01/12/2017