Terms of Use of the Member Section of Deutsche Börse Group ("ToU")

  1. By means of applying for a personal user account for usage of the Member Section / Customer Portal on the website (hereafter referred to as “Member Section”) you declare to Deutsche Börse AG and Eurex Frankfurt AG, 60485 Frankfurt am Main, Deutschland ("DBG") that you exclusively act on behalf of the company you named during the registration process ("company") and are authorized to make and receive declarations on behalf of the company. Orders you place, changes you declare or other actions you perform in the Member Section are legally binding. Personal data is collected by DBG for service provision purposes during the registration process and while using the Member Section, subject to the "Privacy Notice for Users of Member Section" at https://www.deutsche-boerse.com/dbg-en/meta/privacy-notice .
  2. You are aware that in the context of using the Member Section, confidential information of the company is available to other users registered as users of the same company after successful log-in.
  3. The e-mail address entered by you must be appropriate to enable personal identification. Usage of anonymous or generic e-mail addresses is not permitted. You expressly consent to the usage of your personal e-mail address for distribution of inquiries and confirmations as part of the services of the Member Section. You may not use the Member Section if you do not accept the terms of use.
  4. Your credentials used for logging into the Member Section are personal to you and confidential. You are responsible for keeping the credentials strictly confidential and to inform DBG immediately should you become aware of any disclosure or unauthorized use of, or access to, your credentials. You are obliged to change your credentials promptly upon becoming aware of any exposure of your credentials. DBG is entitled to withdraw and deny access to any of its IT systems using the exposed credentials.
  5. You undertake to refrain from any actions which may impair availability, reliability or integrity of the Member Section, its underlying infrastructure, internet services to which the Member Section links or their underlying infrastructure. You may not upload any information, data or other content to the Member Section or its underlying infrastructure, that contains malicious code, infringes any copyrights or other third-party intellectual property rights or trade secrets, or that is unlawful, fraudulent, deceptive, derogatory, defamatory, discriminating, offensive, pornographic or otherwise inappropriate for the purposes of the Member Section
  6. DBG is authorized to suspend you from accessing the Member Section and to delete your personal user account should you violate the ToU or other terms of use for services available in the Member Section. The operator of the Member Section does not have to comply with any duty to supply information in case of suspension and deletion of your user account
  7. DBG‘s liability is not limited for damages due to (i) injury to life, limb or health, (ii) intent or gross negligence, and (iii) assumption of a guarantee (in this respect, the provision as stipulated in the guarantee apply, to the extent that such guarantee contains a corresponding provision).

    DBG’s liability for damages is restricted to the damage typical for this kind of agreement and foreseeable at the time of the conclusion of the agreement. Liability for simple (slight) negligence is excluded. This does not apply to damages resulting from the violation of essential contractual obligations. Essential contract obligations are obligations the fulfilment of which is necessary for the proper execution of the contract, and on whose fulfilment the other party may rely and is relying.

    The aforementioned limitation of liability also applies to damage claims against officers, executives, employees or vicarious agents of DBG
  8. No representation or warranty, neither explicitly nor implicitly, has been provided for the availability and accessibility of the Member Section any implied representations or warranties are expressly disclaimed.
  9. Specific terms of use are valid for single services offered in the Member Section. These terms of use become integral contractual parts if the particular service is used. Specific terms of use have priority over the present terms of use and complement the latter.
  10. If individual provisions of the present terms of use are invalid, this shall not affect the validity of the remaining provisions. For legal proceedings based on this agreement or on the usage of the Portal, German law shall be applicable excluding its conflict of law principles the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for any legal proceedings that may be prorogated shall be Frankfurt am Main, Germany.
    11. January, 2023