1. Scope of application
(1) The Learning Management System “item Academy”, found at https://academy.item24.com is a Learning Management System provided by item Industrietechnik GmbH, Managing Directors: Stephan Buchmann, Waldemar Kurtz, Gerrit Pies and Wolfgang Rixen, Friedenstraße 107-109, 42699 Solingen, Telephone: +49/212/6580-300, Fax: +49/212/6580-310, e-mail: email@example.com, Register Court Wuppertal District Court, HRB 14912, VAT ID: DE 120 959 471.
2. Performance by the Provider
(1) The ACADEMY is an internet-based, public, free information platform operated by the Provider. The learning content provided therein is to be used to train the employees of the Provider’s customers and partners. Information is provided by the Provider via the ACADEMY in the form of contributions, discussions, documents, records, materials and data, and other interactive training applications .
(2) The Provider has the unrestricted right at any time to discontinue and/or remove and/or change individual services in whole or in part, permanently or temporarily, and/or to add new services and performances and/or to set up further User groups with extended or restricted access to ACADEMY information and existing functions.
(3) The Provider wants to constantly improve the ACADEMY. The Provider desires to constantly raise training progress and learning progress on the part of the individual ACADEMY Users. Learning progress data from Users is collected for this purpose. The Provider logs which training courses the User has started, which they have not started, which they have completed and which they have not.
(4) In order to constantly improve the learning and training progress individual Users, and to make the Provider’s offerings more attractive for the Users, the Provider undertakes to send the User further training material, product information, data, information, illustrations, plans, drawings, calculations, implementation instructions, assembly instructions, product descriptions, assembly instructions and other documents of the Provider free of charge and individually tailored to the User on the basis of the learning progress data ascertained to the User to the e-mail of the User indicated in the context of the registration. The Provider desires to improve the learning and training progress of the individual Users by means of these personalised measures. If the User does not wish to receive any further documents by e-mail, they can simply deselect this option in their User profile and/or inform the Provider accordingly using the contact details specified in Section 1. The Provider will then be released from its contractual obligation and will not send the User any documents by e-mail or otherwise contact them by e-mail.
(5) If the User provides their telephone number during registration, the Provider undertakes, if the Provider considers it necessary, to contact the User by telephone and to ask what further individual measures, which documents and/or which information the Provider can make available to the User in order to improve their learning and training progress. This also applies to requests for information regarding the courses and other contents of the ACADEMY. By means of this personal contact, the Provider wants to learn from the Users and ensure that the ACADEMY meets the wishes of the individual Users. The Provider also desires to determine which adjustments to the ACADEMY and/or to the individual training contents may be necessary to achieve an increase in learning progress and/or the attractiveness of the ACADEMY.
(6) Learning progress is not monitored within the meaning of section 1 (1) no. 2 Distance Learning Protection Act (“FernUSG”).
(7) The Provider is not obliged to achieve a certain level of learning and/or training progress with the User. The Provider is not obliged to guarantee a certain degree of learning and/or training success on the part of the User.
3. Usage environment
(1) User access to the Internet (World Wide Web) is required for using the ACADEMY. The User is responsible for providing such access at their own expense. Connection charges shall be borne by the User.
(2) If the installation of software, plug-ins or browser extensions is required for individual functions
(e.g. Java, Flash, SSL or file extensions), the User is required to install them accordingly. Should additional standard programs (e.g.: reader for documents in the formats *.pdf or *.xls) be required for readability the information, the User have access to such programs during use of the platform and update them as appropriate.
(1) Use of the ACADEMY by the User requires their personal registration request and the acceptance of this registration request by the Provider. The registration request is submitted via the website https://uk-signin.item24.com/index.php/signin. Automated registration is not permitted.
(2) In order to register in the ACADEMY, the User must first log in to the uk.item24.com portal and create an account there. This portal is also operated by the Provider. Registration at the uk.item24.com portal is a fundamental requirement to be able to use the ACADEMY. The User must therefore first properly complete the registration form on the website https://www.uk.item24.com at https://uk-signin.item24.com/index.php/signinregister?lang=de. Required mandatory information for User registration are: Salutation, first name, surname, company, street, postal code, city, telephone, e-mail address and type of company. In addition, the User must create his own password. Provision of the information referred to above is obligatory. The User must then provide the following consents:
“I want to create an account. Please save my data for this purpose. I can revoke my consent at any time by sending an e-mail to firstname.lastname@example.org . *” and
The User may then click on the button “COMPLETE REGISTRATION” and complete the registration. Until the User has clicked on the “COMPLETE REGISTRATION” button, they can correct any errors at any time by clicking on the individual items in the registration form using standard key combinations. After clicking the button “COMPLETE REGISTRATION” correction is no longer possible. The registration request is then sent to the Provider with the information contained therein. The Provider reviews the registration request from the potential User after the registration request has been properly submitted. The Provider checks whether a User who has duly completed the registration process is permitted to use uk.item24.com. A User who has duly completed registration does not have a right to acceptance and use of the uk.item24.com portal. For purposes of registration, the Provider uses the “double opt-in procedure”, i.e. registration is only complete when the User confirms registration by clicking on the link contained in a confirmation e-mail sent to the User for this purpose. If registration is not confirmed within 24 hours, the registration is automatically deleted from the Provider’s database. If a User clicks on the confirmation link within the specified 24 hours, they will be accepted as a User of the uk.item24.com portal by the Provider. Registration for the uk.item24.com portal is then complete. The User can then log in to item 24.de using their own password and e-mail address.
(4) Registration for the ACADEMY is not possible if the User does not provide the consent set out above. If the User gives their consent, the data provided by the User will be transferred from the portal www.uk.item24.com to the ACADEMY User’s User profile.
(5) If the User does not provide a profile photo of themselves during registration, a graphic abbreviation consisting of two letters is generated from the specified e-mail address. This is visible for the other Users of the platform.
(6) A User is not entitled to access or register for the ACADEMY. A User who has been previously rejected and/or excluded cannot re-register for the ACADEMY.
(7) A minimum age of 18 years is required for registration. Minors are not allowed to register.
(8) The User is obliged to inform the Provider immediately of any future changes to the information provided. Otherwise, the Provider is entitled to restrict the User’s right to use the ACADEMY with immediate effect.
5. Obligations of the User when using the ACADEMY
(3) All ACADEMY access data is personalised and may only be used by the authorised User. The User is obliged to keep their log-in User name and password secret and to protect them from unauthorised access by third parties. The User is also responsible for maintaining the confidentiality of their log-in User name. The User is obliged to inform the Provider immediately if misuse by a third party is suspected.
As soon as the Provider becomes aware of the unauthorised use of an account, the Provider will block the account concerned. In such cases, the Provider reserves the right to change a User’s log-in User name and password. If that is the case, the Provider will inform the User immediately by e-mail sent to the e-mail address provided by the User during registration.
(4) After each use of the ACADEMY, the User is obliged to close their account properly / to log off from their account properly.
(5) The User is obliged to cooperate in the investigation of any third-party attacks on the ACADEMY as far as such cooperation by the User is necessary.
(6) The User undertakes to refrain from all measures that could endanger or disrupt the functioning of the ACADEMY. Furthermore, they must ensure that their electronic data transmitted via the ACADEMY is not contaminated with viruses, worms, Trojan horses, malware, etc.
(7) ACADEMY Users have the ability to “upload” content (data, information, illustrations, plans, drawings, calculations, execution instructions, product descriptions and other documents) to the ACADEMY for purposes of discussion with the Provider and other Users. The Provider expressly accept as its own any content or data “uploaded” to ACADEMY by the User. The User is not entitled to address offers and inquiries to the Provider via the ACADEMY. No business transactions are concluded via ACADEMY.
(8) The User warrants to the Provider that they are entitled to and possess all necessary prerequisites and rights to upload the data, information, illustrations, plans, drawings, calculations, implementation instructions, product descriptions, brands and other documents they upload to the ACADEMY.
(9) The User is prohibited from posting content on the ACADEMY (e.g. through links or frames) that violates laws and regulations, official orders or moral norms. Furthermore, the User is prohibited from posting content that infringes the rights of third parties, in particular copyrights or trademark rights.
(10) The User shall indemnify the Provider against all claims asserted by third parties against the Provider due to the violation of their rights or due to violations of the law based on the data and/or content provided by the User. In this regard, the User also assumes the costs of the Provider’s legal defence including all court costs and attorney fees.
6. Rights and obligations of the User when using documentation from the Provider
(1) The User has no legal claim with regard to the type, scope and use of the information provided and or made accessible by Provider with regard to certain information and/or functions.
(2) The Provider reserves all rights, in particular copyrights, license rights and property rights, to all data, information, illustrations, plans, drawings, calculations, execution instructions, product descriptions and other documents made available within the scope of the use of the ACADEMY.
(4) Unless the Provider does expressly grant the User the following rights by contract, the User does not have the following rights to the data, information, illustrations, plans, drawings, calculations, execution instructions, product descriptions and other documents which are available in ACADEMY:
a) The right of reproduction within the meaning of section 16 Copyright Act (“UrhG”);
b) The right of distribution within the meaning of section 17 Copyright Act;
c) The right of exhibition within the meaning of section 18 UrhG;
d) The right of recitation, performance and presentation within the meaning of section 19 UrhG;
e) The right of making works available to the public within the meaning of section 19a UrhG;
f) The right of broadcasting within the meaning of section 20 UrhG;
g) The right of communication by video or audio recordings within the meaning of section 21 UrhG; and
h) The right of communication of broadcasts and of works made available to the public within the meaning of section 22 UrhG.
(5) Without limitation, passing on the information and documents available in the ACADEMY to third parties is prohibited. Users are also prohibited from marking their own professional and or commercial use and exploitation of information and documents made available to them.
7. Rights and obligations when using the forum and chat functions
(1) If the User wishes, they can use the ACADEMY chat function and forum. If the User uses the chat function and does not deselect it in their profile, other Users can see when the User is logged-in to ACADEMY (availability display). This means that other Users know when they can write to the User via the chat function.
(2) The ACADEMY forum and chat should be a place for appropriate interaction. Technical questions should be asked and answered within the forum and the chat functions. Content that is not legally permissible, violates the rights of others and/or, in the opinion of the Provider, does not fit thematically into the forum or chat context, can be deleted by the Provider.
(3) Registered Users can ask and answer technical questions in the forum and chat. These technical questions should then be answered by the other registered ACADEMY Users. Questions and answers may then be discussed. The forum and the chat should be a place for discussion and exchange of information. By posting content, the User grants the Provider a gratuitous, non-exclusive right of use to the respective content, in particular
• to store the contents on the server on which the forum, chat and ACADEMY are operated and to publish them, in particular to make them publicly accessible (e.g. by displaying the contents on the ITEM ACADEMY website), and
• for processing and duplication, as far as this is necessary for the provision and/or publication of the respective contents.
(4) If the User deletes their contributions (questions or answers to questions) from the forum and/or the chat, the right of use and exploitation granted above expires. However, the Provider remains entitled to store copies made for backup and/or verification purposes. If, through the publication of the contents of the User, other Users of ACADEMY have also been granted rights of use to such contents, they shall likewise remain unaffected in the event of deletion.
(5) The User, as is the case within the entire ACADEMY, is solely and fully responsible for the content they post in the forum and chat. The Provider does not check content for completeness, accuracy, lawfulness, timeliness, quality and suitability for a particular purpose.
(6) The User may only publish contents in the forum and in the chat if they are in possession of the necessary rights, in particular the respective rights of use or publication of the contents is authorised for other reasons.
(8) The forum and the chat may not be used commercially or for advertising purposes. The promotion of the Provider’s products and services, however, is permitted. Tips or recommendations for the Provider’s products or services in the context of a specific forum discussion are also allowed. The following commercial use is prohibited:
• all offers, applications and activities of third parties with a commercial background, such as in particular prize competitions, raffles, barter transactions, advertisements or pyramid schemes;
• any electronic or other collection of identity and/or contact information (including e-mail addresses) of Users (e.g., for sending unsolicited e-mails).
(9) When using the forum and the chat, the User is prohibited from any actions on or in connection with the forum that violate applicable law, violate the rights of third parties or violate the principles of the protection of minors. In particular, the following acts are prohibited:
• the posting, distribution, offering and advertising of pornographic content, services and/or products that violate laws for the protection of minors, data protection laws and/or other laws and/or are fraudulent;
• the publication of content that offends other Users or third parties because of their gender, ethnic or social origin, language, religion, disability or in any other way;
• the use, provision and distribution of content, services and/or products that are legally protected or encumbered with the rights of third parties (e.g. copyrights) without being expressly authorized to do so.
(10) Furthermore, the User is also prohibited from the following activities, regardless of a possible violation of the law, when posting their own content in the forum and chat as well as when communicating with other Users:
• the distribution of viruses, Trojans horses and other harmful files;
• the sending of junk or spam e-mails and chain letters;
• disseminating offensive, sexually explicit, obscene or defamatory content or communication and content or communication that is or is likely to promote or support racism, fanaticism, hatred, physical violence or unlawful acts (either explicitly or implicitly);
• harassing other Users, e.g. by contacting them personally several times without or contrary to the response of the other User, as well as encouraging or supporting such harassment;
• requesting other Users to disclose passwords or personal data for commercial or illegal purposes;
• the distribution and/or public reproduction of contents of the forum or the chats, as far as this is not expressly permitted to the User by the respective author or is expressly made available as functionality on the ACADEMY.
(10) Any other actions which are likely to impair the smooth operation of the forum and the chat, in particular placing a disproportionately high load on the Provider’s systems are likewise prohibited.
(11) The forum and the chat are for the exchange of views between Users of the forum and the chat. All statements in the forum and in the chat are made by the Users for the Users and are therefore non-binding and do not take the place of advice in individual cases.
8. User responsibility for their reviews and comments
(1) Every User has the ability to rate learning content on the ACADEMY. .Learning content can be marked with stars and thus evaluated by the User. The rating scale ranges from one star to five stars. A one-star rating is the worst possible rating. A five-star rating is the best possible rating. Other Users will not be able to see ratings by the reviewing User. Only the Provider can see the ratings in order to monitor and improve its own learning content.
(2) Users may comment on some ACADEMY learning content.
(3) The comments will then be published in the ACADEMY and will be accessible and visible to other Users. Responsibility for comments lies exclusively with the User who makes the comment concerned. The User undertakes not to violate any applicable legal provisions when submitting comments and in particular to ensure that their comments do not violate the rights of third parties (in particular personal rights).
(5) Comments may only be made, and must be entirely, in the language selected by the User in the system settings.
9. Consumers’ cancellation rights
As a consumer (section 13 German Civil Code “BGB”) you have a right of cancellation.
Notice of cancellation rights
You have the right to cancel this contract within 14 days without stating any reasons. The period amounts to fourteen days from the date of conclusion of the contract.
In order to execute your right of cancellation, you must inform us
Name: item Industrietechnik GmbH
Address: Friedenstraße 107-109, 42699 Solingen
Telephone number: +49 (0) 212/6580-300
Fax number: +49 (0) 212/6580-310
E-mail address: email@example.com
by means of a clear declaration (e.g. a letter sent by post, fax, e-mail or by telephone) on your decision to cancel this agreement. You may use the attached sample cancellation form, but this is not mandatory.
In order to comply with the cancellation period, it is sufficient to send the notification about the exercise of the cancellation right before the cancellation period expires.
Consequences of cancellation
If you cancel contract, we must return all payments which we have received from you, including delivery costs (except for additional costs resulting from choosing a type of delivery other than the most favourable standard delivery offered by us), without delay and no later than fourteen days from the date of receipt of your notice of cancellation of this contract. For this refund, we will use the same means of payment which you used for the original transaction unless otherwise expressly agreed with you; we will not charge you any fees for this refund in any case.
End of the notice of cancellation rights
10. Liability of the Provider
(2) item Industrietechnik GmbH does not warrant that program functions will meet the requirements of the User or that they work together in the form selected by the User.
(3) When using the contents described, the applicable legislation, applicable standards and safety standards (in particular occupational health and safety) always take precedence over the procedures described in the item Academy. The contents are intended exclusively for use by trained personnel who have received appropriate training or instruction.
(4) The Provider assumes no liability for the timeliness, correctness, completeness or quality of any information provided. In each case, information provided only represents an opinion of the Provider concerning individual topics and subject areas.
(5) The Provider is liable for damages - regardless of legal grounds - in tort in cases of intent or gross negligence without limitation. In the event of simple negligence, the Provider shall be liable, subject to a lesser standard of liability under statutory provisions (e.g. for diligence in its own affairs), only
a) For damages arising from injury to life, limb or health without limitation;
b) For damages arising from a significant breach of a material contractual obligation (duty the fulfilment of which is a prerequisite to the proper performance of the contract and the fulfilment of which the other party regularly does and is entitled to rely upon); however, in such cases the Provider’s liability is limited to compensation for damages which are foreseeable and typical to the contract.
(7) The Provider assumes no liability for disturbances within the network for which the Provider is not responsible.
(8) The Provider is only liable for the loss of data in accordance with the preceding paragraphs if such loss could not have been avoided by appropriate data backup measures on the part of the User.
(9) Liability does not extend to impairments of the contractual use of the services provided by the Provider via the ACADEMY caused by improper or incorrect use by the User.
(10) The preceding limitations of liability also apply analogously in favour of the Provider’s vicarious agents.
(11) In the event that it is possible to access databases, websites, services, etc. provided by third parties, e.g. by means of links or hyperlinks, the Provider does not guarantee accessibility, continued availability or security of such databases or services nor does the Provider assume liability for their respective contents. Without limitation, the Provider is not liable for their lawfulness, accuracy, completeness, timeliness, etc.
11. Account deletion and blocking / Review and deletion of content
(2) All data and/or contents saved by the User will be immediately and irrevocably deleted and destroyed as a result of account deletion, unless retention is required for legal reasons.
(5) If the User’s right of use ends, the Provider will delete personal data stored by the User on the ACADEMY.
12. Other provisions and jurisdiction
(2) The contractual language shall be German.
(3) The contract text is stored by the Provider on its internal system after contract conclusion and may not be accessed by the User from this location.
(4) All disputes arising out of or in connection with this agreement shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law only applies to consumers if there are no mandatory consumer protection regulations of the state in which the consumer has their habitual residence at the time the contract is concluded.
(6) European Commission online dispute resolution (ODR) platform for consumers: https://ec.europa.eu/consumers/odr We are not willing or obliged to participate in a dispute resolution procedure before a consumer redress body.
13. Sample cancellation form
Sample cancellation form
(If you chose to cancel this contract, please complete and return it to us.)
To: item Industrietechnik GmbH
I/We (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (+)/the rendering of the following services (*)
Ordered on (*)/Received on (*):
Name of the consumer
Address of the consumer
Signature of the consumer (only if notice of cancellation in paper form)
(*) Delete as appropriate.
Version 1.0 Last updated: 03/05/2019