On its website, in MyDQS and in the User Center, DQS makes available specific information, data files, and documents for viewing or downloading.
DQS may stop the operation of its website, the User Center or MyDQS in full or in part at any time. Due to the nature of the Internet and computer systems, DQS cannot accept any liability for the continuous availability of the DQS website or MyDQS.
3. Registration, password
The pages of MyDQS and the User Center are password protected. In the interest of safety and security of the business transactions, only registered users may access said pages. Access to MyDQS is only granted by DQS. Any visitor to the DQS website may register for the User Center. DQS reserves the right to deny registration to any user. DQS particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. DQS is entitled, at any time and without obligation to give reasons, to deny the user the right to access the password-protected area by blocking its user data (as defined below), in particular if the user
• used false data for the purpose of registration;
• violates any applicable laws in the access to or use of the DQS website; or
• did not use MyDQS for a longer period, or
• has terminated the contractual relationship with DQS or any of its affiliated companies (applies only to MyDQS).
The user of MyDQS and the User Center shall give accurate information for registration and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The user shall ensure that the e-mail address supplied to DQS is an address at which the user can be contacted.
Upon registration the user will be provided with a user ID and a password (“user data”). The user data allows the user to view their data, download files or documents, and to change their user data.
The user shall ensure that user data is not accessible by third parties and is liable for all transactions and other activities carried out under its user data. At the end of each online session, the user shall log-off from the password protected website. If and to the extent the user becomes aware that third parties are misusing its user data the user shall notify DQS thereof without undue delay in writing and, as the case may be, by e-mail in advance.
After receipt of the notice under paragraph 3.4, DQS will deny access to the password-protected area under such user data. Access by the user will only be possible again upon the user’s application to DQS.
The user may at any time cancel their registration by signing out of the User Center, either online or in writing. In such event DQS will remove all user data and other stored personally identifiable data of the user as soon as these data are no longer needed.
4. Rights of use to information, data files and documents
DQS grants user a non-exclusive and non-transferable license to use the information, data files and documentation made available to the extent agreed, or in the event of no such agreement, to the extent of the purpose intended by DQS in making same available.
5. Duties of the user
In accessing or using the DQS website, the User Center or MyDQS, the user shall not
• harm other persons, in particular minors, or infringe their personal rights;
• breach public morality in its manner of use;
• violate any intellectual property right or any other proprietary right;
• upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
• transmit, store or upload hyperlinks or contents to which the user is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
• distribute advertising or unsolicited e-mails (so-called “spam”) or
• inaccurate warnings of viruses, defects or similar material and the user shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
The DQS website and MyDQS may contain hyperlinks to the web pages of third parties. DQS shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as DQS does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the user.
7. Liability for defects of title or quality
Insofar as any information, data files or documentation is made available at no cost, any liability for defects as to quality or title of the information, data files and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.
8. Other liability, viruses
Although DQS makes every endeavor to keep the DQS website and MyDQS free from viruses, trojan horses and other harmful pro-active systems, DQS cannot make any guarantee that it is virus-free. The user shall, for their own protection and in order to keep the DQS website virus-free, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, data files or documentation.
Clauses 8.1 and 8.2 do not intend nor imply any changes to the burden of proof to the user’s disadvantage.
9. Data privacy protection
For collection, use and processing of personally identifiable data of the user, DQS shall comply with applicable laws on data privacy protection. By submitting the data, user agrees to have their data processed electronically. Users may rescind their acceptance at any time, but not retroactively. Upon advance written or electronic notification, users are also authorized to review the content and extent of their own data stored by DQS. For more details please refer to the data privacy protection clause on the website.
DQS would like to point out that the Internet is a public communication system and as such subject to new security gaps at any time. In spite of state-of-the-art technology DQS does not and can not know about these gaps beforehand. After cognizance and review of security gaps, DQS will initiate defensive measures as required.
10. Supplementary agreements, place of jurisdiction, applicable law
Any supplementary agreement requires the written form.
The place of jurisdiction shall be Frankfurt if the user is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
The individual pages of MyDQS are operated and administered by DQS GmbH in accordance with German law. If user accesses the DQS website from outside Germany, they are exclusively responsible for compliance with all applicable local laws. Access to MyDQS information, data files and/or documentation from countries where such content is unlawful is prohibited. In this case and where user seeks to do business with DQS, the user should contact DQS.