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General Terms and Conditons

The present General Terms and Conditions (hereinafter “GTC”) for the use of the E-World Platform (as defined below) are provided by DPW Antwerp Holding NV, with registered office at 9130 Beveren, Molenweg (KAL) and registered in the Crossroad Bank for Enterprises under number 0406.070.605, (hereafter “DPWAH”, “we, “our”). The GTC set out the conditions under which the E-World Platform may be accessed and used by the Users and other services from DPWAH may be procured and used.

Article 1 – Definitions

The capitalised terms in these GTC have the meaning as defined below, unless otherwise provided for in the text of the GTC:

Account: means the personal Account of the User which enables access to and use of the E-World Platform;

Additional Services: the provision of Additional Services to a specific User, on the basis of a further agreement between DPWAH and such User.

Agreement: these GTC and the Privacy policy of the E-World Platform jointly.

E-World Platform: platform developed by and on behalf of DPWAH and offered by DPWAH to its suppliers, customers and partners and to the suppliers, customers and partners of its subsidiaries.

General Data Protection Regulation: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.

Intellectual Property Rights: all intellectual property rights, including, but not limited to, copyrights, (sui generis) database rights, trademark rights, designs, patent rights, including all applications for registration where applicable.

Purchases: ordering Additional Services of DPWAH through E-World Platform or making (other) purchases, of which the order and purchase are processed through the E-World Platform.

Licence: the right conferred by DPWAH to the User to use the E-World Platform, pursuant to these GTC.

Slot: a timeslot booked by a User to conduct one or more container transactions at a DP World Antwerp managed facility.

Support: assistance provided to Users, whereby answers to questions relating to the use and functionality of the E-World platform are provided.

User: the natural person who uses or wishes to use the E-World Platform.

Website: https://www.eworld1700.be

Works: (parts of) the (content of the) E-World Platform and the Additional Services of DPWAH jointly.

Article 2 – Users

The general terms and conditions of the User (or User’s employer), if any, are not applicable to the use of the E-World Platform and are therefore explicitly excluded, even if such general terms and conditions would contain a clause similar to these GTCs.

To create an account, the User must surf to the Website and provide its corporate details (including VAT number) and any other registration information requested by DPWAH (“Pre-Registration”). The User receives a confirmation e-mail of the Pre-Registration. Pre-Registration is only an offer from the User to conclude the Agreement. Based on the information provided, DPWAH shall, at its own discretion, decide to approve or reject the User’s Pre-Registration and, hence, whether or not to activate the User’s Account. The User will be informed of DPWAH’s decision in this regard by e-mail. The Agreement is deemed to be concluded upon receipt the e-mail with the approval of the Pre-Registration and the activation of the User’s Account.

Prior to Pre-Registration into the E-World Platform, the Users have been informed of the GTC and have accepted the GTC. DPWAH reserves the right to modify unilaterally and at any time the GTC should this be required due to inter alia (technical) developments, developments or changes in the business or sector or legal changes. Any such amendments or changes will be effective immediately upon DPWAH making such changes available on the E-World Platform. Each User may terminate the Agreement upon written notice to DPWAH if any change to the GTC is unacceptable to such party.

Article 3 – Intellectual Property Rights

3.1. Intellectual Property Rights

DPWAH is the holder of all Intellectual Property Rights vested in the Works or has obtained the necessary user rights to grant a Licence to the User in accordance with the provisions of these GTC.

DPWAH indemnifies the User against any claim, request or action of third parties of any nature whatsoever, that are based on the assertion that the Works or other materials originating from DPWAH violate Intellectual Property Rights of third parties, provided that the User immediately informs DPWAH in writing about the existence and content of such claim, request or action and the handling thereof, including settlement negotiations where appropriate, is entirely left at the discretion of DPWAH. To this end, the User shall provide the necessary cooperation to DPWAH, by providing inter alia all necessary information and documentation.

If there are serious suspicions that the Works or other materials provided by DPWAH to the User violate Intellectual Property Rights of a third party, DPWAH will – at its sole discretion – (a) adjust the Works in question so that each (alleged) violation of the Intellectual Property Rights of the third party is remedied, (b) offer comparable software/services to the User with similar functionalities that do not infringe any third party’s rights, (c) obtain at its expense a licence from the third party with the objective that the User can continue to use the Works in question, (d) or offer any other reasonable solution to the User. Any other or more extensive liability of DPWAH for infringement of Intellectual Property Rights of a third party is completely excluded.

3.2. Licence and Licensing terms

DPWAH hereby grants to the User a non-exclusive, non-sub-licensable and non-transferable Licence to use the E-World Platform, including, as the case may be, the Additional Services, for the Belgian territory, in accordance with the provisions of these GTC.

The User is not allowed to delete or modify any indication concerning copyright, trademarks, trade names or any other intellectual or industrial property rights. The User shall not distribute the Works, and shall not, regardless of the methods and means used, reproduce, copy, lease, lend, sell, transfer or communicate the Works to the public without DPWAH’s prior written permission. The User shall not alter the Works or parts thereof. The User shall further not reverse engineer or decompile the Works or parts thereof, without DPWAH’s prior written permission.

The User is not allowed to use the E-World Platform in a manner not authorised by DPWAH and these GTC. User shall use the E-World Platform solely in full compliance with (i) these GTC, (ii) any additional instructions or policies issued by DPWAH, and (iii) any applicable legislation, rules or regulations. DPWAH reserves the right to block the access to the E-World Platform at all times and without payment of any compensation, with or without prior warning to the User, if it has serious or justified reasons for doing so. If the User does not comply with its obligations under these GTC; for instance, without being exhaustive; or by any other means violates the law (for instance, by participating in malicious practices), DPWAH can temporarily, with or without a prior notice of default in respect of the User, or permanently by dissolution of the Agreement, refuse access to the E-World Platform, without being due to pay any compensation to the User. Such a decision will always be taken in consultation with the User's employer and the competent persons within DPWAH. The User is not allowed to delete or circumvent the technical measures which have been implemented in this regard.

Article 4 – Additional Services

DPWAH can offer Additional Services that can be purchased by the User through the E-World Platform.

The User acknowledges and agrees that by purchasing the Additional Services, he requests DPWAH to deliver the service and/or digital content, causing the User to lose his right of withdrawal.

The payment for the Additional Services is processed by a third-party payment service provider. DPWAH shall not be liable for the processing of payments by such third party. DPWAH shall not have access to any bank account, card or other payment details; any processing thereof (and/or of any other personal data in this regard) is the responsibility of the involved third party payment service provider and/or financial institution. The use of the Additional Services of DPWAH shall be subject to these GTC but may also be subject to specific conditions which shall, as the case may be, prevail over these GTC, as indicated in such specific conditions. Such specific conditions shall be made available to the User and shall be accepted by the User prior to conclusion of the purchase agreement of the Additional Services. The purchase agreement is deemed to be concluded upon the User’s receipt of the confirmation e-mail in this regard.

For various Additional Services of DPWAH the User has the possibility to formulate suggestions (through a feedback form) to add, correct or delete certain information. DPWAH will consider these suggestions, but is not obliged to follow them.

Article 5 – Booking a Slot

To conduct a land-side container transaction via truck at a DP World Antwerp managed facility a User must book a Slot during terminal land-side hours of operation. This booking is identified by a TAS (Truck Appointment System) number and must be made on E-World, E-World 1700, or via EDI. It is not possible to execute a container transaction at a DP World Antwerp managed facility without having booked a Slot beforehand.

A Slot can only be booked by a User or company with a valid registration on E-World, E-World 1700, or by being an EDI partner.

The User accepts to pay a fee for the booked Slot, which amounts up to:

Slot with starting time at or after 06:00h will be charged 14.00 EURO (Excluding VAT)
Slot with starting time at or after 20:00h will charged 0.00 EURO (Excluding VAT)

A Slot can be cancelled for free up to 30 minutes in advance on E-World1700, or EDI. In that case the User will receive an automatic refund of the Fee paid for the Slot, if any.

If a Slot wasn’t used and wasn’t cancelled in a timely matter, it will be considered as a No Show Event and the User will not receive an automatic refund.

The User is however entitled to claim a refund of the paid Fee in case of:

No container transaction was completed due to the sole shortcoming, fault or wrongful action(s) of DPWAG;
No container transaction was completed due to unforeseeable circumstances outside of any Party’s control.

The User will not be eligible for a refund of the paid Fee in case the container transaction wasn’t completed due to its sole shortcoming, fault, or wrongful action(s).

A Slot for a truck appointment must be associated with one or more containers through linked pre-announcements (also known as container appointments). A container can only be linked to one single pre-announcement at a time. In some cases, pre-announcements are linked to bookings (for drop-off export containers) or references (for empty containers), in which case the number of pre-announcements can never exceed the number of containers in the booking or reference.

Pre-announcements linked to a Slot may be unlinked at any time. No other pre-announcements may be linked with the booking as of the start of the Slot. If there is only one pre-announcement on the Slot and it is unlinked from that booking, then the booking should be cancelled as it is now empty. In this case the company that registered the Slot must ensure timely cancellation of the Slot.

In the case of export drop-off the earliest Slot that can be booked for these transactions is 7 days before the expected time of arrival of the vessel as defined on the vessel list on E-World.

Slots that are not booked following these rules are booked incorrectly and are subject to deletion of the Slot without further notice.

The rules for booking a Slot are subject to change, in which case registered E-World, and E-World 1700 users and EDI partners will receive an e-mail notice of those changes.

Article 6 – Support and maintenance

6.1. Support

DPWAH will offer free of charge Support to the User. Support is only provided for the most recent version of the E-World Platform or the Additional Services of DPWAH. Although DPWAH aspires to solve any question or problem, Support is provided “as is” and DPWAH offers no guarantee in this regard. Providing Support is an obligation of means.

Support is exclusively provided through the website of DPWAH at the address www.eworld1700.be or by sending an email to eworld@dpworld.be. Through these channels, the User can ask questions to DPWAH concerning the functioning, use and functionalities of the E-World Platform. DPWAH aspires to reply to the User in a timely manner but is no way obliged to provide a response and is not bound by any time limit for responding to or resolving the request.

6.2. Technical maintenance

DPWAH will provide technical maintenance to the User free of charge to the extent required to let the E-World Platform or the Additional Services of DPWAH operate in accordance with these GTC. Technical maintenance is only provided for the most recent version of the E-World Platform or the Additional Services of DPWAH. The provision of technical maintenance by DPWAH is an obligation of means.

DPWAH reserves the right to adjust (or have adjusted) the E-World Platform or the Additional Services of DPWAH should this be required to eliminate errors or defects, to improve functionalities, or for any other reason DPWAH wishes to modify or update the E-World Platform and/or Additional Services.

Article 7 – Availability “as is”

The E-World platform and the Additional Services are provided by DPWAH to the User “as is”. DPWAH will endeavour to maximise the availability of the E-World Platform and the Additional Services. DPWAH cannot, however, guarantee they will be continuously and uninterruptedly available. DPWAH does not guarantee that the E-World Platform, nor the Additional Services will function without interruption, be error-free or suitable for any specific purpose, nor that the information provided will be complete, or that all errors or other problems will be corrected or mitigated in Updates or other alterations of the software. To the extent permitted by law, DPWAH accepts no liability in this respect.

The content of the E-World Platform is for general information purposes only and is, unless required by law, not binding. Although DPWAH makes reasonable efforts to keep the content of the E-World platform correct and up to date, DPWAH does not guarantee or insure, neither implicitly nor explicitly, that the content is true, accurate, complete or up to date. The content of the E-World Platform shall not be considered as an advice upon which the User can rely. The User shall seek professional or specialised advice before undertaking any action or refrain from taking any action based on the content of the E-World Platform. The E-World Platform contains links to other sites, managed by third parties, or to other sources of information. These links are solely offered for the User’s convenience and DPWAH is not liable for the content, availability, existence or use of these links. To the extent permitted by law, DPWAH cannot be held liable for any damage incurred as a result of the use or the reliance on the content of the E-World Platform.

Article 8 – Liability

Notwithstanding any other provision concerning the liability of DPWAH, the total liability for DPWAH for imputable shortcoming in the performance of these GTC is limited to the compensation of direct and proven damages up to a maximum of 1.000,00 EUR (thousand euro).

The liability of DPWAH for consequential damage, loss of profit, missed savings, reduced goodwill, damage due to business stagnation, damage as a result of claims by customers of the Users (or the employer of the User), damage to or loss of (personal)data, is excluded.

The liability of DPWAH for imputable shortcoming in performing the obligations under these GTC arises in all cases only if the User immediately and properly gives DPWAH notice of default in writing, whereby a reasonable period of time is fixed for remedying the shortcoming, and DPWAH continues after that period to fall imputably short of its obligations. The notice of default shall contain a description of the shortcoming, as complete and detailed as possible, in order for DPWAH to be able to respond adequately.

DPWAH does not accept any liability for acts and/or omissions of any third party payment services providers or financial institutions.

Article 9 – Data Protection and the use of Cookies

The registration for and the use of the E-World Platform and the Additional Service(s) involve the processing of personal data. DPWAH acts as controller within the meaning of the General Data Protection Regulation.

More information concerning the processing of personal data can be found in the E-World Platform Privacy Policy.

We use cookies on the E-World Platform. More information concerning these cookies can be found in the E-World Platform Cookie Policy.

Article 10 – Duration, termination and consequences of termination

10.1. Duration and termination

Unless terminated by DPWAH or User, the Account is provided for an indefinite term.

The Account may be terminated by the User at any time upon written notification to DPWAH, without any justification. DPWAH may terminate the Account for convenience giving a notice period of at least 3 (three) months.

DPWAH may terminate the User’s Account with immediate effect, without a judge’s intervention and without any damages being due to the User:

if it is established, or DPWAH has reasonable grounds to suspect, that User has breached or is violating the Agreement or any other guidelines or polices issued by DPWAH, or
if such User does not comply with any payment obligation for more than 30 (thirty) days after payment being due or a prior payment has been revoked (or cancelled) by a financial institution.

Upon the termination of the Account for whatever reason, at the moment of effective termination:

the User will no longer be authorised to access or use the E-World Platform;
DPWAH may delete all information associated with the User’s Account on the E-World Platform;
all rights and obligations of DPWAH or User under the GTC shall terminate, except those rights and obligations under art. 3, 7, 8 and where applicable, 10.

All payment obligations of the (former) User shall remain in force and shall be immediately due and payable.

Article 11 – Other Provisions

If any provision of the GTC is considered void or unenforceable by a competent judicial or administrative body, such invalidity or unenforceability will not affect the other provisions of the GTC and all provisions not affected by such nullity or unenforceability will remain in full force and effect.

The parties shall seek to replace any invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic, legal and commercial purposes of the invalid or unenforceable provision.

The Agreement includes the entire agreement between parties. Additions or changes to the Agreement are only binding if they are agreed in writing by the parties.

The User shall not transfer his obligations under this Agreement, without prior written permission from DPWAH. DPWAH is entitled to transfer its rights and obligations to any third party in the context of inter alia a merger or acquisition, fusion, transfer of business or any other restructuring. DPWAH is further entitled to transfer, on other grounds, its rights and obligations under this Agreement to any third party, but in the latter case DPWAH will be held liable towards the User for fulfilment of the obligations by this third party.

These GTC and any specific conditions related to the Additional Services will be available in English, Dutch and French. In the event of inconsistencies or interpretation issues, the Dutch version of the Agreement will prevail above any other version in any other language.

Failure to exercise any right arising from the provisions of the Agreement is under no circumstances considered as a waiver of right on behalf of DPWAH.

The Agreement and all disputes or claims arising therefrom are governed by Belgian law, with the exception of conflict-of-law rules. Each dispute concerning the interpretation and/or performance of the Agreement that could not be resolved amicably shall be submitted to the competent courts in Antwerp.

The User can also make use of the ODR Platform which was created on European level to offer the possibility of solving disputes in an online context, out-of-court. For more information: ec.europa.eu/consumers/odr.

These GTC were last revised on [01.02.2021]