Terms of use

1. SCOPE

The use of the web pages provided by DQS GmbH, a German company that certifies (procedure with written third-party verification of products, processes, systems or persons) management systems, (hereinafter “DQS”) and the MyDQS customer portal (hereinafter “MyDQS”) is permitted exclusively on the basis of these terms. Please read the following provisions carefully before before using these web pages or the customer portal for the first time. Current developments may require the terms to be updated at any time. Please open this page every time you return to our web pages to learn about changes. By logging in to the MyDQS customer portal, registering in the User Center and/or starting to use the MyDQS customer portal and User Center, you are accepting these terms of use as they may change from time to time.

 

2. SERVICES

2.1

DQS makes available certain information, files or documents for access or download on the web pages, in the User Center and in MyDQS.

2.2

DQS may stop operating some or all of the web pages, User Center or MyDQS at any time. Given the nature of the internet and of computer systems, DQS does not guarantee that web pages or MyDQS will be continuously available.

 

3. REGISTRATION, PASSWORD

3.1

The pages of MyDQS and the User Center are password-protected. To protect the security of our business relationships, we only give registered users access to these pages. DQS must activate a user before he or she can initially access MyDQS. Users who are given administrator rights by DQS may register and activate additional users for their company. Anyone who visits the DQS web pages can register for the User Center. Registration is completed at DQS’s discretion. In particular, DQS reserves the right to make registration mandatory for web pages that were previously freely accessible. DQS may at any time revoke the access authorization by disabling the login credentials without needing to give reasons, especially if a user (i) made false statements at the time of registration, (ii) acts in breach of the present terms or his or her duties of care in the handling of login credentials, (iii) violates applicable law during login or use, (iv) has not used MyDQS for an extended period of time or (v) has terminated the business relationship with DQS or with a company affiliated with DQS (only applies to MyDQS).

3.2

Users of MyDQS and the User Center shall provide true information during registration and notify DQS (online, where indicated) of any changes without undue delay. Users shall ensure that they can receive emails at the email address they have provided.

3.3

Following registration in the User Center or following activation for MyDQS by DQS / the user’s administrator, the user will receive a user name and password (hereinafter also referred to as “User Data”). The User Data enables users to access their data, download documents or files and change their User Data.

3.4

Users must prevent the User Data from being accessed by third parties and will be liable for all activities carried out under the User Data.

Among other things, users can give their company’s employees access to the customer portal and to specific site data and documents in MyDQS. When granting / deleting access and access rights, users must comply with the GDPR as well as the data protection requirements of DQS, the user’s company and the appropriate country.

Users must leave the password-protected area at the end of each session. If the user learns that third parties are misusing the User Data, the user must inform DQS in writing without undue delay and provide advance notice by email if necessary.

3.5

After receiving notification pursuant to section 3.4, DQS will disable access to the password-protected area with this User Data. Access will not be reactivated until the user has consulted with DQS again.

3.6

User Center users can sign out of the User Center online or in writing, thereby deleting their registration, at any time. DQS will then delete all User Data and all other personal data relating to the user that DQS has stored as soon as the data is no longer needed.

 

4. LICENSES TO USE INFORMATION, FILES AND DOCUMENTS

4.1

These terms govern the use of the information, files and documents made available on the web pages, in the User Center and in MyDQS.

4.2

DQS grants the user a non-exclusive and non-transferable license to use the provided information, files and documents to the extent agreed upon or, if no such agreement has been reached, to the extent of the purpose pursued by DQS in making available and providing such information, files and documents.

 

5. OBLIGATIONS OF THE USER

5.1

While using the web pages, User Center and MyDQS, users must not:

  • inflict damage on persons, especially minors, or violate their privacy rights;
  • offend against standards of common decency with their usage behavior;
  • violate industrial property rights and copyrights or other property rights;
  • transmit content with viruses, Trojan horses or other programs that can damage software;
  • enter, store or send hyperlinks or contents to which they are not entitled, in particular if such hyperlinks or content violate confidentiality obligations or are illegal; or
  • distribute advertising or unsolicited emails (“spam”) or unfounded warnings of viruses, malfunctions and the like or solicit participation in sweepstakes, multi-level marketing schemes, chain letters, pyramid schemes or similar campaigns.

5.2

DQS may suspend access to the web portals at any time if these terms are violated.

 

6. HYPERLINKS

The web pages and MyDQS can contain hyperlinks to third-party web pages. DQS accepts no responsibility whatsoever for the contents of these web pages nor does it endorse these web pages and their content, as it does not control the linked information and is also not responsible for the content and information provided there. Their use is done at the user’s own risk (effect of uncertainty (source: ISO 19011)).

 

7. LIABILITY FOR DEFECTS OF TITLE AND QUALITY

Where information, files or documents are made available at no cost, any liability for defects of title or quality of the information, files and documents, including, without limitation, in relation to their correctness, accuracy, freedom from third-party property rights or copyrights, completeness and/or fitness for purpose, are excluded except in cases involving willful misconduct or fraudulent intent.

 

8. OTHER LIABILITY, VIRUSES

8.1

DQS’s liability for defects of title and quality is governed by section 7 of these terms of use. DQS has no liability whatsoever in any other case unless required by law, e.g. under the German Product Liability Act (ProdHaftG) or in cases of willful misconduct, gross negligence, injury to life, limb or health, failure to provide guaranteed characteristics, fraudulent concealment of a defect or in case of a breach of material contractual obligations. However, damages for a breach of material contractual obligations shall, absent willful misconduct or gross negligence, be limited to the foreseeable damage that is typical for the contract.

8.2

Despite DQS’s ongoing efforts, DQS does not guarantee that the web pages and MyDQS are free from viruses, Trojan horses or other damaging proactive systems. Before downloading information / data, users shall have adequate security measures and antivirus software in place to ensure their own protection and to prevent viruses on the DQS web site.

8.3

The above provisions in sections 8.1 and 8.2 do not change the burden of proof to the user’s detriment.

 

9. PRIVACY AND DATA SECURITY

9.1

DQS observes applicable data protection regulations when collecting, using and processing the user’s personal data. By sending the data, the user expressly agrees to electronic data processing. The user has the right to withdraw his/her consent at any time with future effect. Furthermore, the user has the right to check the presence and extent of his/her stored data after notifying DQS in writing or electronically. Details can be found in the separate Privacy Policy on the website.

9.2

DQS points out that the internet, as a public communications systems, is always prone to producing security vulnerabilities that were unknown until their emergence and that, according to the state of the art, had no reason to be known, either. DQS will take defensive measures as necessary after learning of and investigating security vulnerabilities.

 

10. SIDE AGREEMENTS, JURISDICTION, APPLICABLE LAW

10.1

Side agreements must be made in written form.

10.2

If the user is a merchant (“Kaufmann”) within the meaning of the German Commercial Code, the place of jurisdiction is Frankfurt am Main.

10.3

DQS operates and is responsible for the individual pages of MyDQS. The pages satisfy the requirements of the Federal Republic of Germany. If users access MyDQS from locations outside of Germany, it is their sole responsibility to comply with the relevant provisions of their national laws and regulations. It is not permitted to access information, files and/or documents in MyDQS from countries where such access is illegal. In this case, the user should get in touch with DQS if he or she wishes to enter into a business relationship with DQS.

10.4

German law applies. The application of the Convention on the International Sale of Goods (UN CISG) is excluded.