Terms of Use of the Member Section of Deutsche Börse Group

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 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. Personal data will be processed by DBG in line with applicable personal data protection regulations. You can find the privacy policy of DBG at at https://www.deutsche-boerse.com/dbg-en/meta/privacy-notice.

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. Insofar, you consent to the disclosure of information (e.g. your contact details or other personal data depending on the nature of the service used) to the extent necessary for provision of the service used to individuals who are registered as users of the company.

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.

You commit yourself to advising us immediately should you become aware of unauthorized usage of your access or of third parties having gained knowledge of your password. In this case, you are obliged to change your password promptly.

You undertake to refrain from deliberate actions with the purpose of impairing availability, reliability or integrity of this internet service and the internet services to which links in the Member Section exist.

The operator of the Member Section is authorized to suspend you from using the Member Section and to delete your personal user account should you intentionally violate the terms of use valid for the internet services available in the Member Section. The operator of the internet service does not have to comply with any duty to supply information in case of suspension and deletion of user account

(1) Any liability whatsoever of the operator of the Member Section in connection with the usage of the Member Section shall be excluded. Exempt from this rule are compensation claims for damages from the injury to life, body, health or other violations of obligations whose fulfilment is a fundamental prerequisite for the orderly execution of this agreement, which you normally rely on (essential contractual obligations). This exemption also includes the liability for other damages caused by the intentional or grossly negligent breach of an obligation by the operator of the Member Section, his legal representative or agent.

(2) In case of violation of essential contractual obligations, the operator of the Member Section shall only be held liable for typical contractual, foreseeable damages, provided such damages have been caused by slight negligence, unless the damage claims are based on injury to life, body or health.

(3) Where damage claims are directly filed against legal representatives and agents of the operator of the Member Section, the limitations according to paragraphs (1) and (2) are to be valid in favor of them.

(4) Any liability whatsoever of the operator of the Member Section shall be excluded if the user ID has been used in an abusive way and insofar as the damage has been caused by this utilization.

(5) No warranty, neither explicitly nor implicitly, has been provided for the availability and accessibility of the Member Section.

(6) The provisions of the Product Liability Act remain unaffected.

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.

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 the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for any legal proceedings shall be Frankfurt am Main, Germany.

January, 2021