Hermes Germany GmbH, Essener Straße, 89, 22419 Hamburg (hereinafter: ‘Hermes’) makes the ‘myhermes Business’ portal for business customers of Hermes available to business customers (hereinafter: ‘User’ or ‘Users’), who are entrepreneurs, free of charge and voluntarily in accord-ance with the requirements of these Terms of Use.
These Terms of Use contain conclusively the terms and conditions applicable between Hermes and the User for the functions offered free of charge and voluntarily in the ‘myHermes Busi-ness’ portal for business customers, which can be accessed at https://business.myhermes.de/konto/ , (hereinafter: ‘Business Customer Portal’). Any rules or regulations deviating from these Terms of Use shall apply only if Hermes confirms them in writ-ing. By logging in and the associated clicking on ‘Login’, the User agrees to the Terms of Use. In-sofar as a User has the option to create sub-users and makes use of this option, these sub-users are also required to accept and comply with the Terms of Use accordingly. The following terms and conditions govern the use of the Business Customer Portal by Users and the sub-users cre-ated by them.
Hermes reserves the right to amend these Terms of Use from time to time. Changes to these Terms of Use will be communicated to the Users in text form upon login. Further use of the Business Customer Portal is only possible if the new Terms of Use are accepted.
Functions in connection with the services to be provided by Hermes and contractually agreed in each case are available to Users via the Business Customer Portal. In particular, Users can view the shipment data / shipment tracking, provide services to recipients and order such services for their own customers with binding effect. Hermes is entitled to make changes/adjustments to the func-tions provided at any time.
Any use of the Business Customer Portal is dependent on admission by Hermes. The Business Customer Portal is only available to entrepreneurs. Customers are neither entitled to admission nor obliged by contract to use the Business Customer Portal. Hermes makes the Portal available to their Users voluntarily and free of charge.
Hermes may also grant Users the opportunity for employees or third parties (insofar as they provide services as part of the customer service in connection with the delivery of shipments on behalf of the User) their own access authorisation as a sub-user to enable the latter to work op-timally using the Business Customer Portal (hereinafter referred to as ‘Sub-Users’). Customers are not entitled to this service. Hermes has the right to restrict or limit the sub-users or to allo-cate a certain quota to the respective User. Users are not entitled to request analyses of the use of the Business Customer Portal by their their sub-users created by them or to carry out such analyses themselves. Users must ensure compliance with these Terms of Use by the sub-users created they have created themselves and are responsible to this extent. Furthermore, Users are obliged to block/disable access by sub-users without delay if there is no longer any need for the access (in particular if the employee concerned leaves the company or changes departments or if third parties no longer work on behalf of the User in the field described above).
The User warrants that the information provided by them to Hermes, in particular as part of their application for admission, is true and complete. The User undertakes to communicate all future changes to the information provided to Hermes without undue delay. The same applies to all information provided by the User when setting up sub-user logins.
Hermes is entitled to withdraw the admission or block the access of a User if there are reasona-ble grounds for suspecting that the User or a sub-user created by the User has violated these Terms of Use and/or applicable laws. The User can avert such measures by presenting, at the User’s expense, suitable evidence to dispel the suspicion.
All logins are individualised and may only be used by the User or sub-user so authorised. The User is obliged to keep the login and password confidential and to protect these data from un-authorised access by third parties. The User is also responsible for keeping the sub-user logins confidential and will instruct the sub-users accordingly. In case of suspicion of abuse by a third party, the User is required to inform Hermes without undue delay. As soon as Hermes becomes aware of the unauthorised use, Hermes must block the access of the unauthorised user. Her-mes reserves the right to change a User's login and password; in this a case, Hermes must in-form the User without undue delay.
Any activities undertaken while using the respective login of a User or sub-user are generally attributable to the User. The respective User is responsible for all declarations of intent made in the Business Customer Portal (e.g. provision of recipient services) by the User or their sub-users.
Hermes reserves the right to change or extend the content and structure of the Business Cus-tomer Portal as well as the related user interfaces.
The contractual basis in connection with the parcel distribution services to be provided by Hermes and related services remains the service contract (parcel distribution contract) between Hermes and the User together with attachments and supplements and/or the corresponding the General Terms and Conditions (GTC) of Hermes. Upon termination of the contract, Hermes will terminate the access of the User and their sub-users to the Business Customer Portal.
The User is prohibited from any actions that could impair or damage the functionality of the Business Customer Portal.
The User must ensure that the functions provided in the Business Customer Portal are used duly and only to the extent necessary and without abuse. Insofar as the function used is associated with the input of data, the User must ensure that the data are entered correctly.
If the personal data are processed based on a legitimate interest pursuant to Art. 6 para. 1 lit. f of the EU General Data Protection Regulation (GDPR), the User must confirm this accordingly before viewing the data in question. The data may only be passed on to third parties for this purpose and only to the extent necessary on a case-by-case basis. The data must be deleted without delay after the purpose has ceased to apply. To meet statutory requirements, Hermes has the right to randomly check whether a legitimate interest actually existed in the case con-cerned.
Through admission to the Business Customer Portal, the User warrants vis-à-vis Hermes that the data protection requirements are complied with for the data transmitted by the User and will indemnify Hermes from any claims, including those of a public law nature. In particular, the User must inform the persons acting for them in the Business Customer Portal about the necessary procedures for data processing by Hermes in accordance with the Hermes Privacy Policy and ob-tain the necessary consent of these acting persons before their personal data are entered in the Business Customer Portal when creating the sub-user logins or in any other way.
The Business Customer Portal provides a voluntary and free service for Hermes' business part-ners, which is why the availability of the Business Customer Portal or the provision of certain functions cannot be ensured or no guarantees are given in this regard. The same applies with regard to the accuracy of the data provided in the Business Customer Portal.
Hermes shall be liable for intent and gross negligence without limitation, but only for slight neg-ligence if Hermes has breached an essential contractual obligation. Essential contractual obliga-tions in this regard are defined abstractly as those obligations, the fulfilment of which enables the proper performance of the contract in the first place and on the observance of which the User may regularly rely (cardinal obligations). In these cases, liability is limited to compensation for the foreseeable, typically occurring damage.
Hermes is not liable for the accuracy of the data provided in the Business Customer Portal or for the availability of the Business Customer Portal. Hermes is also not liable for disruptions within the service network.
Their liability does not extend to the impaired use of the functions of the Business Customer Portal provided by Hermes, which has been caused by improper or incorrect use by the User or sub-user.
Hermes shall only be liable for the loss of data in accordance with the preceding paragraphs if such a loss could not have been avoided by appropriate data backup measures on the part of the User or their sub-users.
The above exclusions and limitations of liability shall also apply with the necessary modifications in favour of the persons used by Hermes to fulfil their obligations (Erfüllungsgehilfen).
The laws of the Federal Republic of Germany shall apply. The place of jurisdiction for all legal disputes is Hamburg.
Should individual provisions of these Terms of Use be or become invalid and/or be in conflict with the statutory provisions, this shall not affect the validity of the remaining Terms of Use. The invalid provision shall be replaced by mutual agreement by a legally effective provision that comes closest to the economic purpose of the invalid provision. The above provision shall apply with the necessary modifications in the event of an unintentional contractual gap.
Last updated: 7 September 2022