General Terms and Conditions and Terms of Use for the ALDI/HOFER Portal (supplier portal), the identity management system, P360, SAP Ariba, the Carrier Collaboration Portal, the ASG learning portal, the Supplier Enablement & Appointment Scheduling portal, the GRIPS application and ESKO WebCenter
ALDI International Services SE & Co. oHG is hereinafter abbreviated to „AIS“.
AIS provides the business partners of the ALDI SOUTH Group (hereinafter referred to as "Business Partner") with the following portals or services in accordance with these terms of use. The use of the portals or services is carried out by its employees (hereinafter referred to as "User"), legally binding the Business Partner.
(1) The ALDI/HOFER Portal, also referred to as supplier portal, provides external Business Partners with a uniform point of access to various downstream applications and systems. Following initial login, Users can access these applications and systems via single sign-on without reauthentication. In addition, the portal provides User interfaces for processing various business processes. These processes are performed in downstream systems.
The identity management system serves to store User data and permissions. Furthermore, the identity management system handles User authentication via single sign-on to both the ALDI/HOFER Portal (supplier portal) and the downstream systems.
P360 supports Users in recording, enhancing, validating and publishing product master data in cooperation with AIS. The integrated workflows and communication tools also help reduce the User’s workload in recording product specifications.
Artwork Management / ESKO WebCenter is a solution which provides our suppliers the ability to upload the product packaging design and to align it with our internal stakeholders.
SAP Ariba enables efficient handling of buying-related processes in the areas of tender, contract and supplier management and of master data recording processes and furthermore, order and invoice processing in the indirect area.
With the Carrier Collaboration Portal it is possible to negotiate and manage agreements and tariffs with external logistics service providers. In downstream processes, the resulting agreements for transport costs are used for freight invoices.
The ASG learning portal is a web-based platform that provides access to all training materials for the use of the new applications and systems.
In the Supplier Enablement & Appointment Scheduling (SE /AS) portal the User can create Advance Shipping Notices (ASNs), print LPN labels and schedule appointments for deliveries at ALDI SÜD KG/Hofer KG warehouses.
Within the GRIPS (Goods Receipt / Goods Issue Posting Service) application, goods movements can be booked by logistics service providers in sites and storage locations (e.g. hubs). Main usage is the international FOB Special Buys management.
(2) Quotations, declarations of acceptance or other binding declarations by or to AIS as well as contract negotiations are made in direct consultation with the Business Partners/Users by mail, telefax, e-mail or electronic communication via SAP Ariba.
(1) By accepting these General Terms and Conditions and Terms of Use, the User acknowledges their validity and confirms that he or she has read the terms carefully and fully agrees with them.
(2) Other general terms and conditions of companies of the ALDI SOUTH Group do not apply in connection with the use of these applications for the purposes outlined in Subsection 1 (1). This does not affect the buying conditions of the companies of the ALDI SOUTH Group that are applicable and binding for the purchase of products in any case.
(1) Only Users for whom an individual User account has been created may use the above mentioned applications. The Business Partner is fully responsible to AIS for the use of the portals or services by its Users. The Business Partner shall ensure that the Users assigned to him are authorized to use the portals or services.
(2) The User who has initially been granted access assumes the ‘Key User’ role within the applications. In addition to the general tasks of regular Users, Key Users are assigned the following tasks if necessary and intended for the relevant application:
(a) Registration of additional Users[1] of the Key User’s own company (including and not limited to the setup of a separate User account for each natural person).
(b) Proper management of Users of the company (including an ongoing check of whether User data is up to date and the immediate blocking of Users who left the company and/or whose field of activities is no longer related to ALDI SOUTH Group).
(3) In order to protect data and ensure optimum use in particular, AIS reserves the right to grant every User access to the mentioned applications or deny Users access without stating reasons and/or revoke access that has already been granted.
(4) AIS reserves the right to deny a User access especially if:
(a) the User (presumably) makes false statements
(b) the User (presumably) misuses the applications;
(c) the User damages or impairs the functionality of the applications;
(d) the User otherwise violates these General Terms and Conditions and Terms of Use.
(5) The User undertakes to protect his or her user name and password against unauthorised access by third parties. In particular, the User bears the risk of his or her user name and password being disclosed to a person the User has not authorised to make or accept declarations of intent.
(6) If the User detects any type of misuse of the applications, AIS must be informed of this misuse without undue delay so that the affected User account can be blocked. If the User has caused damage by negligent conduct, including and not limited to a breach of due diligence, the Business Partner to whom the User is assigned must bear the full cost of the damage, thereby indemnifying and holding harmless AIS from any and all claims. AIS is not liable for damage of any kind that can be attributed to improper use or misuse by Users or third parties.
(7) In the event of an opening of insolvency proceedings against the assets of the Business Partner, AIS is entitled to deny the relevant access temporarily until a corresponding statement by the insolvency administrator is available and the delivery of goods by the Business Partner is ensured. If the insolvency proceedings are not opened for want of cost-covering assets, the Business Partner will automatically be excluded and access of the Users assigned to the Business Partner will be denied.
(8) The ALDI SOUTH Group conducts business partner screenings. In case of a negative result, the companies of the ALDI SOUTH Group are entitled to deny access and to terminate or suspend the business relationship with the Business Partner and its User with immediate effect.
(1) Each User must make his or her declarations and entries (including the transfer of documents) in accordance with the specifications of the input mask. Declarations and entries made are binding and irrevocable for the User. The Business Partner is liable for the correctness and completeness of the declarations made and/or documents provided by its User.
(2) All applications may establish contact between the Business Partners for specific processes. Any contracts concluded between Business Partners are concluded in the Business Partners’ own names and for the commissioning Business Partner’s own account.
(1) AIS is liable under or in connection with these General Terms and Conditions and Terms of Use for damage or breach of duty caused intentionally or by gross negligence as well as in the event of intentional or negligent injury to life, limb and health in accordance with the statutory provisions. This also applies to claims under the Product Liability Act, under a guarantee and in the case of fraudulently concealed defects. For all other damages or breaches of duty AIS is only liable for intent or gross negligence. The applications are provided free of charge ‘as is’ without assuming a corresponding legal obligation so that no warranty and/or liability is assumed regarding the operability, usability for a specific purpose, the accuracy of information and contents as well as the functionality of the software. Warranty and/or liability for full availability cannot be assumed either due to the technical integration of the applications into the Internet. Temporary downtimes (e.g. in the case of maintenance work) cannot be technically avoided and do not establish liability of AIS. AIS also reserves the right to modify the applications or discontinue their operation at any time.
(2) Apart from the cases mentioned in paragraph (1) sentence 1 and 2, AIS does not assume any liability for damage caused as a result of the use of the applications by Business Partners/Users or third partners. In particular, AIS is not liable for damage resulting from the fact that declarations transmitted by Users have not been received or have not been received in due time or only incompletely as a result of technical defects.
(3) Apart from the cases mentioned in paragraph (1) sentence 1 and 2, any other liability of AIS for slight negligence as well as consequential damage and lost profit is generally excluded.
(4) The Business Partner releases AIS from any and all claims asserted for whatever reason by other Business Partners/Users or third parties vis-à-vis AIS due to a violation of their rights by the Business Partner/User. In this context, the Business Partner will also assume any costs of legal defence of AIS, including any court fees and costs of legal advice and representation. The Business Partner is not obliged to indemnify AIS if the Business Partner is not responsible for the relevant infringement of a right. The burden of proof for this lies with the Business Partner.
(1) The Business Partner guarantees that he or she can lawfully make available the transmitted data and guarantees that the data is correct and up to date, thus indemnifying and holding harmless AIS from any other claims.
(2) Users are prohibited from using software, mechanisms or other means that may cause a failure of the applications. In particular, Users may not take any measures that put unreasonable or excessive load on the systems.
(3) On the applications/portals, information is displayed to the Business Partner and User that represents company and/or trade secrets of the ALDI SOUTH Group. Therefore, all information contained there must be treated confidentially and must not be passed on to third parties. The Business Partner declares his agreement with the obligation to maintain confidentiality. In the event of a breach of confidentiality that nevertheless occurs, the respective ALDI SOUTH Group company reserves the right to terminate the business relationship with the Business Partner and to impose the sanctions resulting from the law and the contractual agreements between the Business Partner and the companies of the ALDI SOUTH Group.
All software provided in the ALDI/HOFER Portal (supplier portal), identity management system, Supplier Enablement & Appoinment Scheduleding (SE/AS) Portal, GRIPS, P360, SAP Ariba, Carrier Collaboration Portal, ASG Lernportal (Assima), Supplier Enablement & Appointment Schedulung and GRIPS application is only made available within the scope of a non-exclusive, free-of-charge right of use. The right of use is restricted to the use of the software in accordance with its intended purpose. Any reproduction, even in part, is prohibited. The contents of the applications, including logos, graphs, images and texts, also are intellectual property that is protected by corresponding intellectual property rights. Any other use, including sale, transfer, republication, presentation, performance, reproduction or change, is prohibited.
(1) If a provision of these General Terms and Conditions is invalid, the other provisions remain unaffected thereby. The invalid provision is deemed to have been replaced by such a provision that reflects the intended economic purpose of the invalid provision as closely as possible in a legally effective manner. This also applies in the event of any regulatory gaps.
(2) You are provided with the option to use these applications by ALDI International Services SE & Co. oHG, Mintarder Straße 36-40, 45481 Mülheim an der Ruhr, Deutschland, HRA 8577 (German regional court).
For GRIPS a maximum of 10 additional users is possible.