I. Subject
1.
Lorch Schweitechnik
GmbH, Im Anwnder 24-26,
DE-71549 Auenwald, operates an eLearning platform
under the domain eAcademy.lorch.eu for the further training of dealers and
employees regarding Lorch products.
2.
This eLearning platform based on the open source software ILIAS.
3. The platform is directed exclusively at
entrepreneurs within the meaning of 14 BGB and their employees; not at consumers.
II. Registration
1.
For the participation and use of
the eLearning platform a registration by the participant and a release of this
registration by Lorch Schweitechnik GmbH is
necessary, with which access data are left.
2.
Participation possibility, access data and passwords are individual for each
participant and linked to the activity at or with a dealer of Lorch Schweitechnik GmbH. Access data may not be passed on to
other employees, not even within a company.
3.
Lorch Schweitechnik GmbH must be
informed immediately of any loss/misuse of the access data and of any
change of employer.
4.
In case of a change of employer, the participant is not
allowed to use the access data. In this case, a new registration is
necessary for the new employer of the participant.
III. Design and modification rights of Lorch
1.
The offer of the eLearning platform is currently free of charge. Lorch Schweitechnik GmbH reserves the right to convert this free
offer into a partly or completely paid offer. In the event of a change, the
participant will be informed of this; he can decide
whether he still wants to use the e-learning offer in the case of payment.
2.
Lorch Schweitechnik GmbH is entitled to unilaterally change the terms of use at any time. In this
case, the participant will be informed of the changed terms of use the next time
he uses the offer (login with his access data) and must accept them if he
wishes to continue using the eLearning platform.
3.
The dealer or participant has no right to permanent or future operation of the
eLearning platform. Lorch Schweitechnik GmbH may
discontinue the eLearning platform in whole or in part at any time.
4.
The trader or participant has no claim to availability or complete
functionality of the platform at any time. Liability for damages caused by the
complete or partial unavailability of the eLearning platform or its contents is excluded.
IV. Limited rights of use
The contents posted on the eLearning platform
are regularly protected by special laws (e.g. copyright law). The user is not
entitled to use the content in the eLearning platform outside the platform, to
reproduce it in whole or in part, to make it publicly
accessible and/or to publish it. In particular, the user may not post or
publish the materials in whole or in part in social media or
networks or forward them to third parties.
V. Contents of the user
1.
Insofar as it is possible for the user to upload or generate his own content
within the framework of the eLearning platform, the user guarantees that the uploaded
content does not infringe the rights of third parties. This means that the
contents do not infringe the copyrights, trademark rights, design rights or
patent rights of third parties and that there is no violation of personal
rights, e.g. by depicting persons on photos or inappropriate languages.
2.
The user grants Lorch Schweitechnik GmbH a simple
right to use such content within the framework of the eLearning platform. This
right of use also includes the possibility for other participants of the
eLearning platform to take note of these contents.
3.
The customer is not permitted to post content that
damages or destroys the eLearning platform or existing files or that causes
existing information to be altered or spied on.
4.
The posting of content with xenophobic, racist, political extremes, religious
extremes, sexually offensive, violence glorifying and punishable content is prohibited. The same applies to the placement of
advertising.
5.
Lorch Schweitechnik GmbH is entitled to delete
contents that contradict the aforementioned principles at any time and without
prior notice and/or to deactivate and/or delete the user's account.
VI Liability
1.
Lorch Schweitechnik GmbH is liable for damages only
in case of intent and gross negligence. In the case of simple
negligence, Lorch Schweitechnik GmbH shall only be
liable for damages resulting from injury to life, body or health and for
damages resulting from the violation of an essential contractual obligation,
whereby in the latter case liability shall be limited to compensation for the
foreseeable, typically occurring damage even taking into account at least daily
data backups of the customer.
2
The provisions of the Product Liability Act shall remain unaffected.
3.
Lorch Schweitechnik GmbH cannot assume any liability
for the completeness and correctness of the contents provided. Neither is a backup of the user's data guaranteed.
VII Data Protection
In
all other respects, reference is made to the data
protection declaration https://www.lorch.eu/en/data-protection.
VIII. Arbitration of disputes
Lorch
Schweitechnik GmbH is not prepared
or obliged to participate in a dispute resolution procedure before a consumer
arbitration board in the sense of the Consumer Dispute Resolution Act.
IX. Choice of law
The
law of the Federal Republic of Germany shall apply. The provisions of the UN
Convention on Contracts for the International Sale of Goods shall not apply.
