Terms of Use for the use of the "perma eACADEMY" eLearning Platform
1. Scope, Definitions
1.1 These terms of use of perma-tec GmbH & Co. KG, Hammelburger Str. 21, 97717 Euerdorf, Germany (hereinafter referred to as "provider") shall apply to the use of the eLearning platform "perma eACADEMY" (hereinafter referred to as "perma eACADEMY") supplied by the provider via the website at https://www.academy.perma-tec.com by a trader (hereinafter referred to as "user"). The inclusion of the user's own terms and conditions is hereby rejected unless otherwise agreed.
1.2. perma eACADEMY is based on the open source software "ILIAS" of ILIAS open source e-Learning e.V., Ebertplatz 14-16, 50668 Cologne, Germany, which was published under the General Public Licence (GPL). A German translation of the GPL can be found at http://www.gnu.de/documents/gpl-3.0.en.html. In addition to these terms of use the agreement of use of ILIAS open source e-Learning e.V. shall apply, which can be found at https://www.ilias.de/ilias-open-source-verein/.
1.3 A trader pursuant to these terms of use is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2. Services of the Provider
2.1 The provider shall provide the user with perma eACADEMY, an eLearning platform for the retrieval of digital learning content regarding automatic lubrication of industrial plants via streaming. The exact service content can be found in the respective service description on the provider's website.
2.2 The video content provided was created using generally accepted web technologies (e.g. flash, open source and proprietary technologies). To ensure error-free retrieval of the respective video, the user's system must meet certain minimum requirements, which are communicated to the user on the provider's website. The user is responsible for compliance with the system requirements. The provider is not liable for problems arising from the retrieval of his content that are due to inadequate system requirements applied by the user. Furthermore, the provider is not responsible for the establishment and maintenance of the data connection between the user's IT system and the provider's server.
2.3. perma eACADEMY is offered subject to availability. An availability of 100 per cent cannot be technically realized and therefore cannot be guaranteed to the user by the provider. However, the provider shall endeavor to keep the service available as constantly as possible. In particular, maintenance, security or capacity issues as well as events that are not within the provider’s control (disruptions to public communication networks, power failures, etc.) may lead to disruptions or to the temporary suspension of the service. The provider shall carry out maintenance work, if possible, during periods of low usage.
2.4 The software for perma eACADEMY will be updated by the provider at irregular intervals. Accordingly, the user has the right to use the software only in its current version. However, the user shall not be entitled to claim a certain status of the software.
2.5 The provider shall provide his services within the scope of perma eACADEMY to the best of his knowledge and belief. However, the provider does not owe a certain success. In particular, no assurance can be given that the user will achieve a certain learning success or a certain performance goal. This depends not least on the user’s personal commitment and intention the provider has no influence on.
3. Service Changes
3.1 The provider reserves the right to change the offered services or to offer different services unless this is not reasonable for the user.
3.2 Furthermore, the provider reserves the right to change the services offered or to offer different services,
- if the provider is obliged to do so due to a change in the legal situation;
- insofar as the provider thereby complies with a court decision or an authority decision directed against him;
- insofar as the respective change is necessary to close existing security gaps;
- if the change is only advantageous for the user; or
- if the change is of a purely technical or procedural nature and has no significant effects on the user.
3.3 Changes with only insignificant influence on the functions of perma eACADEMY do not represent changes in performance in the sense of the aforementioned sections. This applies in particular to changes of a purely graphic nature and the mere change in the arrangement of functions.
4. Registration
4.1 In order to use the provider’s services, the user must register with perma eACADEMY before using perma eACADEMY for the first time by entering his personal data. Registration takes place by opening a user account, which the user can set up via the provider's website.
4.2 Registration is reserved for natural persons, legal entities and partnerships.
4.3 A legal entity may only be registered by a named person who is its authorized representative.
4.4 Each user can only set up one user account for perma eACADEMY. His authorization to use perma eACADEMY applies only to him personally and is not transferable.
4.5 The data requested during registration must be provided by the user completely and correctly. The user is always obliged to keep this data (including e-mail addresses) up to date. The transmitted data will not be checked for correctness and completeness by the provider.
5. Conclusion of Contract
5.1 The services described on perma eACADEMY do not represent binding offers on the part of the provider, but merely serve the purpose of allowing the user to submit a binding offer.
5.2 The user can submit the offer via the online registration form integrated into the provider's website. Once the user has completed the registration form in full, he submits a legally binding contractual offer for the selected services by clicking the button that completes the registration process.
5.3 The provider can accept the user's offer by activating the user for the platform perma eACADEMY.
5.4 The contract text is stored by the provider but is no longer accessible to the user after sending his registration.
5.5 Prior to the binding registration via the provider’s online registration form, the user can correct all the data entered via the usual keyboard and mouse functions.
5.6 The English language is exclusively available for the conclusion of the contract.
5.7 Registration procedures and contact are carried out via e-mail and automated registration. It is the user’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the provider can be received at this address, and that he is able to register with perma eACADEMY.
6. Granting Rights of Use by the Provider
6.1 The provider grants the user a simple, non-transferable right, limited to the duration of the usage contract, to use perma eACADEMY and the software contained therein for professional purposes within the framework of these terms of use and assures that he is entitled to this granting of rights. The right of use permits access to perma eACADEMY and the retrieval of the learning content provided there in digital form via streaming for professional development purposes.
6.2 The user shall ensure that he does not provide third parties with any means of circumventing access to perma eACADEMY.
6.3 If the user violates the agreement made on the rights of use so severely that the provider cannot reasonably be expected to continue the contractual relationship taking into account the interests of both parties, the provider can extraordinarily terminate the granting of the rights of use without prior warning and permanently block access to perma eACADEMY.
6.4 Other legal and contractual regulations remain unaffected.
7. Obligations of the User
7.1 The user shall ensure that the hardware and software used by him, including workstations, routers, data communication equipment, etc., comply with the minimum technical requirements for the use of the currently offered software version.
7.2 The user is generally liable for all activities carried out using his access, insofar as he is responsible for this. The user is responsible for keeping the access data confidential. He must ensure that they are not accessible to third parties. The user must inform the provider immediately if there are any indications that his access is or was used by third parties.
8. Rights of the Provider
8.1 If the user violates legal provisions or these terms of use or if the provider has concrete indications for this, the provider is entitled without prior notice and further examination
- to issue a warning,
- to block the user's access temporarily or permanently, or
- to take any other necessary and appropriate measures.
Which measures the provider takes depends on the individual case and is at the provider's reasonable discretion.
8.2 If the user is blocked, he may no longer use perma eACADEMY and may not register for it again.
8.3 The provider expressly reserves the right to take legal action if the user is in breach of legal provisions or these terms of use.
9. Remuneration
The use of perma eACADEMY is free of charge
10. Liability
10.1 Any liability for data loss caused by technical failures, interrupted data transmissions or other problems and damages in this context, for which the provider is not responsible, is excluded. The provider shall not be liable for damages caused by the disruption of his operations or the operation of his online service as a result of force majeure, riots, war and natural disasters or as a result of other incidents for which the provider is not responsible (e.g. strike, lockout, traffic disruptions, decrees of domestic and foreign public authorities) or which are due to technical problems for which the provider is not responsible. This also applies if these disturbances incurred by a third party commissioned by the provider.
10.2 Furthermore, the provider shall be liable to the user for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and reimbursement of expenses as follows:
10.2.1 The provider shall face unlimited liability regardless of the legal ground
- in case of intent or gross negligence,
- in case of injuries of life, body, or health resulting from intent or negligence,
- in case of a promise of guarantee, unless otherwise regulated,
- in case of liability resulting from mandatory statutory provisions such as the product liability act.
10.2.2 If the provider negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned Section. Essential significant contractual obligations are obligations the contract imposes on the provider according to its content to meet the purpose of the contract, and whose fulfilment is essential for the due and proper implementation of the contract and on the fulfillment of which the user may regularly rely.
10.2.3 Any further liability of the provider is excluded.
10.2.4 The aforementioned provisions on liability apply also with regard to the provider’s liability for his vicarious agents and legal representatives.
11. Contract Term, Termination
11.1 The contract for the use of perma eACADEMY shall be concluded for an indefinite time and may be terminated by both parties at any time without notice.
11.2 The right to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or the expiry of a notice period, taking into account all circumstances of the individual case and weighing up the interests of both parties.
An important reason is in particular:
- a significant breach of material provisions of these terms of use, which is not remedied or repeated even after setting a deadline and which makes the continuation of the contractual relationship impossible or unreasonable;
- the re-registration while a blockage is still in progress.
11.3 In the event of a justified extraordinary termination of the user contract by the provider, the user shall not be entitled to create a new user account with perma eACADEMY.
11.4 Terminations can be made in writing or in text form (e.g. e-mail).
11.5 If the user contract is terminated, the user shall lose access to his user account upon termination of the contract. With the termination of the user contract, the provider's obligation to store data expires.
12. Amendments of the Terms of Use
12.1 The provider reserves the right to change these terms of use at any time without giving reasons unless this is unreasonable for the user. The provider will inform the user of changes to the terms of use in good time in text form. If the user does not object to the validity of the new terms of use within a period of four weeks after notification, the amended terms of use shall be deemed to have been accepted by the user. The provider shall notify the user about his right of objection and the significance of the objection period. If the user objects to the changes within the aforementioned period, the contractual relationship shall continue under the original terms and conditions.
12.2 Furthermore, the provider reserves the right to change these terms of use,
- insofar as he is obliged to do so due to a change in the legal situation;
- to the extent that he thereby complies with a court decision or with an authority decision directed against him;
- if he introduces additional, completely new services, services or service elements which require a service description in the terms of use, unless the previous usage relationship is adversely affected by this;
- if the change is merely advantageous for the user; or
- if the change is of a purely technical or process-related nature, unless it has significant consequences for the user.
12.3 The right of termination pursuant to Section 11 will not be unaffected.
13. Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relations between the parties.
14. Jurisdiction
If the user is a businessman, a legal entity under public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the provider’s place of business. If the user is domiciled outside the territory of the Federal Republic of Germany, the provider’s place of business shall be the sole place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be assigned to the user’s professional or commercial activity. In any case, however, the provider is entitled to address the court responsible for the user's seat. |
