Terms of Use
§ 1 Scope
The following provisions govern the use of the eLearning platform provided by
UVEX WINTER HOLDING GmbH & Co. KG
Würzburger Str. 181
90766 Fürth
Germany.
The eLearning platform is a database with various digital content that enjoys copyright and trademark protection. The database contains in particular photographs of products and/or people, company and product logos, product descriptions, presentations, training courses, videos and podcasts.
The provider reserves the right to change the content of the eLearning platform at any time, to edit individual or all content, to delete it and/or to add new content.
The use of the eLearning platform is only permitted on the basis of the following Terms Of Use.
By registering and/or using the eLearning platform, the user agrees to the Terms Of Use in their respective version.
The provider does not accept deviating terms and conditions of the user, unless the provider expressly agrees to them in writing.
§2 Access
There is no right to access the eLearning platform.
The provider is entitled to carry out technical changes or maintenance work at any time, which can lead to a temporary unavailability of the eLearning platform. The provider will endeavor to keep these downtimes to a minimum. The user has no right to constant availability of the eLearning platform.
The user is obliged to keep his access link secret, in particular not to pass it on to unauthorized third parties and to take measures that exclude direct or indirect use by third parties. If the user is responsible for the improper use of the access link by an unauthorized third party, the user is liable for damages. In this respect, the provider expressly reserves the right to assert claims for damages.
§ 3 Rights of Use
All files stored in the eLearning platform (hereinafter referred to as "content") are the property of the provider or its affiliated companies within the meaning of Section 15 AktG (German Companies Act) or are used under license.
The following granting of rights of use applies subject to a deviating regulation in the context of the individual description of the content in the eLearning platform, which may result in additional restrictions in relation to the subsequent granting of rights of use.
The provider grants the user a free, non-exclusive, non-transferrable right to call up the content online, download it, save it and play it back on their own devices. Geographically, the rights of use are limited to the EU, Switzerland, Norway, the United Kingdom, Russia, Australia, China, Japan and South Africa. The rights of use can be granted for other countries on request. The extension by the provider must be in writing.
Duplication, distribution or public reproduction is not permitted.
The transfer to third parties, the sale or the commercial transfer of the content is prohibited.
Any use of the content beyond the rights of use expressly granted in these Terms Of Use is not permitted.
The provider may revoke the above rights of use at any time without giving reasons for the future, whereby a legitimate interest of the user must be taken into account in individual cases.
§ 4 Violations
In any case of violation of the obligations contained in these Terms Of Use, the User shall pay a contractual penalty to the provider to be determined by the provider at its reasonable discretion and, in the event of a dispute, to be reviewed by the competent jurisdiction. The assertion of further damages remains reserved.
§ 5 Liability of the Parties
The provider has compiled the content to the best of its knowledge and belief. However, the content cannot be guaranteed to be free of errors and omissions.
The provider does not guarantee that the eLearning platform or its content is virusfree. The user must ensure that appropriate security measures are taken for their own protection before downloading content, e.g. by installing suitable virus protection programs.
The provider is only liable for the violation of essential contractual obligations, i.e.
obligations whose fulfillment makes the proper execution of the contract possible in the first place, for the violation of other obligations only in the case of intent and gross negligence. In the event of a slightly negligent breach of essential contractual obligations, the provider's obligation to pay compensation is limited to the proven damage that was foreseeable at the time the contract was concluded and that the user could not avoid. Any further liability is excluded.
Legal exclusions or limitations of the responsibility of the provider remain unaffected.
The above limitations of liability also apply to the legal representatives, employees and other vicarious agents of the provider.However, they do not apply to damage resulting from culpable injury to life, limb or health, if a quality guarantee has been assumed, in the event of fraudulent concealment of a defect and for liability under the Product Liability Act.
The user undertakes to indemnify the provider and its affiliated companies from all third-party claims arising from the use of the content by the user, his vicarious agents and other third parties who work on behalf of the user, which is illegal or goes beyond the rights of use granted by means of these Terms Of Use.
§ 6 Final Provisions
The provider is entitled to change these Terms Of Use at any time with effect for future access to the eLearning platform. The user is responsible for actively informing himself about the current version of the Terms Of Use.
These Terms Of Use are final and complete and replace all previous written or oral agreements and understandings. Subsidiary agreements require the written form.
Sole place of jurisdiction for all disputes related to the contract is the seat of the provider. German law applies to this contract. The Vienna UN Sales Convention (CISG) is excluded.
Should a provision of these Terms Of Use be/become void in whole or in part, or should there be a loophole, the remaining terms shall remain in effect unless the intended purpose of the Terms Of Use would be frustrated. In place of the invalid or unenforceable provision or to fill the loophole, the legally permissible and enforceable provision that comes closest to the meaning and purpose of the invalid, unenforceable or missing provision in the opinion of the parties shall be set forth.
May 2022