1.    Applicability of these Terms
1.1.    These Terms of Service govern your access to, and use of, this Platform. By accessing or using this Platform, you acknowledge to have read, understood, and agreed to be bound by these Terms of Service and to comply with all applicable laws and regulations.

2.    About us
2.1.    This Platform is operated by DAF for DAF and its independent dealers with whom you may have entered into an Agreement for trucks, parts, components and thereto related services. 
2.2.    DAF’s registered (and visiting) address is Hugo van der Goeslaan 1 (5643 TW) Eindhoven, the Netherlands. Our VAT identification number is NL801426972B01.
2.3.    DAF does not offer first-line support to Users concerning the usage of the Platform or sale of Products or Services. For this, please contact your Dealer. 

3.    Definitions / Terminology
3.1.    For the purpose of these Terms of Service, the following terms shall have the following meaning:
(a)    DAF: DAF Trucks N.V., or the company registered with the trade registry in the Netherlands (Kamer van Koophandel) as 17078445; also referred to as “we”, “us” or “our”.  
(b)    Dealer: the legal entity offering Products via the Platform to Users.
(c)    Parties: DAF, Dealer and the User, together.
(d)    Party: either DAF, Dealer or the User.
(e)    Personal Data: any information relating to an identified or identifiable natural person.
(f)    Platform: the website and content offered by DAF via the following URL: https://my.daf.com 
(g)    Product(s): the product(s) offered via the Platform.
(h)    Service(s): The service(s) offered via the Platform 
(i)    Agreement: the agreement concluded between User and Dealer or DAF and the Users for the provision of Products and Services offered via the Platform by DAF or Dealer to User. 
(j)    User Account: the user account provided by your Dealer to you.
(k)    User(s): any legal entity making use of the Platform to buy Products and Services; also referred to in these Terms of Service as “you” or “your”.
3.2.    In these Terms of Service, ‘written’ also means by e-mail or other (electronic) medium.

4.    Description of the parties involved
4.1.    The Platform does not offer any payment functionalities to the Parties. 
4.2.    You agree to address Dealer directly for complaints and/or questions about the Products and Services offered on the Platform. You acknowledge that DAF is in no way liable for the provision of Products and Services to you and that you have no legal remedies available to you in this regard against DAF directly.
4.3.    To access and use the Platform, you must have a User Account, an internet connection and a network-connected device (e.g. tablet, smartphone or laptop) with up-to-date software, including a modern browser (e.g. Chrome, Firefox, Edge or Safari). All costs related to the provision of such devices with network connection and internet connectivity shall be borne by you.

5.    What we expect from you
5.1.    When using our Platform, you must:
(a)    have reached the age of 18 years;
(b)    act in the course of a profession or business;
(c)    use best efforts to protect the confidentiality and security of your User Account and authentication data for the Platform;
(d)    not threaten or harass other Users or Dealers;
(e)    not use our Platform for the processing of infringing or otherwise unlawful content;
(f)    not infringe upon DAF’s or a third parties’ intellectual property rights, and not commit any other wrongful acts towards DAF or a third party;
(g)    not use it for commercial purposes (incl. customer solicitation), unless indicated otherwise;
(h)    not provide incorrect membership data, such as fake or alternative e-mail addresses and names;
(i)    not impersonate official DAF or Dealer personnel;
(j)    not use automated means to access or otherwise engage with our Platform, beyond using interfaces explicitly provided by us for use by our Users (e.g. our API); 
(k)    not interfere with, limit or impede access to or use of the Platform for other Users;
(l)    not acquire access to user accounts not belonging to you or otherwise acquire access to any parts of our Platform which should reasonably not be accessible to you; 
(m)    not adapt, modify or reverse engineer the Platform, except insofar as such actions cannot be excluded under applicable law, without our explicit prior written consent;
(n)    not intentionally test the security of our Platform, without our explicit prior written consent;
(o)    not resell or otherwise re-provide (access to) our Platform, without our explicit prior written consent;
(p)    not intentionally obscure, spoof or hide relevant HTTP-information (e.g. IP-address, referrer-headers) to access or use the Platform;
(q)    not remove any attributions crediting DAF and/or its content-licensors;
(r)    comply with all our reasonable instructions regarding the use of the Platform, including these Terms of Service; and
(s)    comply with all applicable laws and regulations regarding online conduct, non-discrimination, intellectual property rights and data protection.

6.    Suspension or termination
6.1.    DAF is entitled to suspend or terminate, with immediate and indefinite effect, and without prior notice, your access to or use of our Platform if you, to be determined at our sole reasonable discretion, fail to comply with any of the instructions mentioned in Clause 5.1 or otherwise in these Terms of Service. You will not be entitled to any compensation or damages for this. 
6.2.    Notwithstanding Clause 6.1, DAF will notify you of any decision to suspend or terminate your access to or use of the Platform.
6.3.    If you fail to comply with Clause 5.1 and cause damages, DAF’s decision to suspend or terminate your access to or use of the Platform will not affect our entitlement to also seek compensation for damages, and DAF expressly reserves the right to seek compensation of damages and costs.

7.    Changes to the Platform
7.1.    DAF is entitled to change the Platform, at any time and at our sole discretion. DAF aims to do so with minimally adverse impact on Dealers’ and Users’ access to or use of the Platform and will try to inform Dealers of any scheduled maintenance in advance. DAF will inform you on time of such maintenance as may be relevant.
7.2.    DAF is entitled to permanently stop providing access to the Platform to you at any time and for whatever reason. 

8.    Changes to the Terms of Service
8.1.    DAF reserves the right to make changes to these Terms of Service at any time and without prior notice. Any changes to the Terms of Service shall enter into effect for all Users and Dealers immediately upon posting the changes to the Platform or upon informing you of the changes via other appropriate means. If you do not agree to the changed Terms of Service, you must discontinue your use of the Platform.

9.    Data protection and privacy
9.1.    In order to provide the Platform to you, DAF may need to process your personal data. In addition, you yourself may also choose to store, upload, send, submit or otherwise cause content containing your personal data to be processed via our Platform. 
9.2.    DAF’s privacy policy (available at https://www.daf.com/legal/privacy-statement) explains how DAF processes and protects your personal data when you use the Platform. Be sure to read it before you start using our Platform.

 
10.    Security & responsible disclosure
10.1.    DAF recognizes the importance of keeping the systems and data safe, so security is a top priority to DAF. However, DAF does realize that, despite DAFs efforts, vulnerabilities may still exist. If you accidentally stumble upon a vulnerability in the Platform, DAF asks that you:
(a)    report this without undue delay, so DAF can take mitigating measures as soon as possible;
(b)    not exploit or otherwise use the vulnerability more than strictly necessary for the purpose of assessing its extent and reporting it to DAF (e.g. do not disrupt the Platform for other Users, do not copy data from the systems and do not use the vulnerability to launch attacks or mass-communications against third party Platforms or services); 
(c)    not share the vulnerability with any third party without our prior written consent; and
(d)    submit any vulnerability report to DAF via e-mail at info@daftrucks.com. DAF strives to respond to your report within ten business days and to treat your report and identity as confidential information.
10.2.    DAF agrees not to bring a claim for damages or file a criminal report against you for discovering a security vulnerability in the Platform provided that you adhered to all the steps described under Clause 10.1.

11.    Intellectual property rights
11.1.    All DAFs intellectual property rights, including but not limited to any copyrights, trademarks, design rights, database rights and know-how, in connection with the Platform, including content not submitted by Users therein and the selection and arrangement thereof, are and shall remain the sole property of DAF and, if applicable, its licensors. These Terms of Service do not grant you any license or other right to use our trademarks, logo’s or designs, nor does DAF transfer any of DAFs intellectual property to you.

 
12.    Warranties
12.1.    DAF tries to provide the Platform using a commercially reasonable level of skill and care. However, except as expressly described in these Terms of Service, DAF excludes, to the maximum extent permitted by law, all warranties, conditions or representations with respect to the Platform. Without attempt to be comprehensive, DAF does not make any guarantees or commitments about the reliability, availability, non-infringement or suitability for your needs of the Platform. The Platform is provided “as-is” and “as-available”. 

13.    Liability and indemnities
13.1.    DAF is not liable for any damages suffered by you, directly or indirectly, related to the use of the Platform, regardless of the nature of the claim (i.e. tort, contract or otherwise). Any claims concerning your usage of the Platform and the sale of Products and Services must be directed to your Dealer.
13.2.    Should the exclusion of liability as stipulated in Clause 13.1 not be enforceable against you, DAFs liability shall be limited to the compensation of damages directly attributable to DAF and limited to a total amount of EUR 1.500,-. Notwithstanding the previous sentence, DAF is never liable for: indirect damages, consequential damages, loss of profits, loss of data, costs of data repair, loss of savings, and damage due to business interruption or delays.
13.3.    None of the exclusions or limitations stated in these Terms of Service shall apply to damages caused by willful misconduct or gross negligence (in Dutch: ‘opzet of bewuste roekeloosheid’) on DAFs part.
13.4.    You agree to indemnify and hold DAF, its suppliers and its affiliates, harmless from and against all third party liabilities, claims, damages and expenses (including reasonable attorney fees) arising from, in case of API-usage, your access to or your use of the Platform. 

14.    Feedback
14.1.    You hereby grant DAF a worldwide, perpetual, royalty-free, fully paid, non-exclusive license to use any suggestions you may have about the Platform, complaints or other feedback for the purpose of correcting, improving or further commercializing DAF’s Products and Services. The license contained in this Clause shall survive termination of any agreement between you and DAF.
15.    Applicable law and dispute resolution
15.1.    These Terms of Service are governed by the laws of the Netherlands, without application of its conflict of laws-rules.
15.2.    The Parties will first attempt to settle any dispute that arises amicably. Should the Parties not be able to reach an amicable solution, any disputes arising between DAF, Dealer and the User in connection to the Platform, the Terms of Service will be submitted to the District Court of Amsterdam in the Netherlands. This court shall have exclusive jurisdiction.

16.    Miscellaneous
16.1.    These Terms of Service are available in English and all agreements governed by them shall be considered concluded in English. Translations to other languages may be provided for the sake of convenience, but the English version shall always be leading with respect to the interpretation of these Terms of Service and all agreements governed by them.
16.2.    DAF is entitled to subcontract and assign its rights and obligations under these Terms of Service to any third party without your consent. In doing so, DAF will always take into account and comply with applicable data protection legislation.
16.3.    Should any provision of the Terms of Service be or become invalid or unenforceable in whole or in part, the remaining provisions shall continue to apply in full, and DAF, Dealer and User agree to negotiate in good faith with respect to a valid and enforceable provision approaching as closely as possible the intent of the invalid or unenforceable provision, in order to replace it.
16.4.    Any failure by DAF to enforce any provision of the these Terms of Service at any time shall not be deemed to be a waiver of its right under these Terms of Service, nor shall it prejudice any of its right to take subsequent action.
16.5.    These Terms of Service set forth the entire agreement between the User, Dealer and DAF and supersede any and all prior proposals, agreements, understandings, and contemporaneous discussions, whether oral or written, between the User, Dealer and DAF with respect to the Platform.