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Terms of use ILIAS

The provider of the learning platform is

 

Handwerkskammer Braunschweig-Lueneburg-Stade

Koerperschaft des oeffentlichen Rechts (Corporation under public law)

Burgplatz 2 + 2 a

38100 Braunschweig

 

The following General Terms of Use set out the legal framework for the use of our platform and the services we offer (hereinafter referred to as "Terms of Use"). Please read these Terms of Use carefully.

 

§ 1 Scope of application, definitions

1. The following Terms of Use in their current version apply to the user relationship for the use of the ILIAS platform (hereinafter referred to as the "Platform") between the Braunschweig-Leburg-Stade Chamber of Skilled Crafts (hereinafter referred to as the "Provider" or "we") and the user (hereinafter referred to as the "User", regardless of gender or function [participants in a training programme and lecturers]).

2. These Terms of Use do not apply to non-web-based offers of the Provider. Only the General Terms and Conditions (www.hwk-bls.de/agb) of the Braunschweig-Lueneburg-Stade Handwerkskammer apply to these exclusively analogue offers of the Provider.

3. deviating terms and conditions of the user are not recognised unless the provider expressly agrees to their validity in writing.

 

§ 2 Login, registration and user account

1. the platform can be used in the following constellations for training programmes that are completed exclusively via the platform; as a mandatory supplement to an educational programme booked with the provider.

2. the provider shall provide the user with the stored access data (user name, password) for access to the platform. In order to conclude the contract of use for the platform, the user must enter this access data on the platform and confirm his agreement with these terms of use by opting in. In cases where the use of the platform is mandatory or the selected training programme is completed exclusively via the platform, the user accepts these terms of use when submitting their offer to conclude a contract for the respective training programme. These Terms of Use then become an integral part of the contract for the respective educational programme booked.

3. after registration, the user is redirected to the personal user area of the respective educational programme, where - depending on the type of educational programme - he/she is then asked to provide further information or can do so on a voluntary basis.

4. after completion of a training programme, including the last examination date, the registration and the course remain active on the platform for four weeks in order to enable the user to retrieve work aids and materials from the respective training programme for their own purposes during this time. The course will then be deleted from the platform.

§ 3 Cancellation/deactivation of the user account

1. the user can terminate the use of the platform at any time in those cases in which the platform represents an additional offer of the provider within the framework of the respective educational measure by sending an e-mail with the note to deactivate or delete his access to the following address ILIAS@hwk-bls.de.

In cases in which the use of the platform is mandatory for the completion of the educational measure or in which it is an educational measure that is completed exclusively via the platform, the user must first cancel his contract for the educational measure with the provider. If the user makes use of this option, their user account will be deactivated at the time the cancellation takes effect.

2. the user shall receive confirmation of the cancellation after the process has been completed.

§ 4 Obligations of the user

1. the user is responsible for ensuring that the technical requirements for access to the platform are created and maintained in his area, in particular with regard to the hardware and operating system software used, the connection to the Internet and the current browser software.

2. in the event of further development of the platform, it is the responsibility of the user to make the necessary adjustments to the IT used by him after being informed by the provider.

3. the proper usability of the platform requires that the time and time zone of the computers used by the user are up-to-date and correctly set and that the user's system accepts the cookies transmitted by the provider's server and required for the respective session. Otherwise, the functions of the platform may not be able to be used to their full extent. It is the responsibility of the user to make the appropriate settings.

4. the user is obliged to take the necessary precautions to secure his systems, in particular to use the standard security settings of the browser and to use protective mechanisms to ward off malware.

5. the user is prohibited from posting contributions whose publication constitutes a criminal offence or an administrative offence. Furthermore, the user is prohibited from using and posting content of any kind on the platform that violates the rights of third parties, i.e. in particular copyrights, trademark rights or competition rights and/or that has offensive, racist, discriminatory, inciting, violence-glorifying, harassing or pornographic content. This also applies to communication within the platform. The user is also prohibited from taking measures that are likely to restrict or interrupt the operation of the platform, in particular the circumvention of security measures, the spread of viruses or other malware or the automated interception of data.

6. the user is obliged to use the platform exclusively within the framework of the educational programme and for internal communication with each other. Any other use of the platform for other private or professional purposes is prohibited. In particular, the user undertakes to treat all data of other users made accessible to him/her via the platform as strictly confidential and not to use it for his/her own purposes (e.g. advertising) that go beyond the specific educational programme being carried out. Data may not be passed on without the written consent of the other users.

7. the user is prohibited from removing, obscuring or altering legal notices displayed in or in connection with the provider's offer.

8. the user is obliged to keep his personal access data secret and not to pass it on to third parties. Should the user discover any use of his access data by third parties, he is obliged to report this immediately to the following e-mail address:

ILIAS@hwk-bls.de

 

§ 5 Property rights

1. any use and/or exploitation of the content and materials provided by the provider, lecturer or other participants beyond the direct, personal use by the user, e.g. any duplication, distribution, provision on the Internet, sale, publication, loan and/or rental, transfer to others or commercial use requires the prior, express, written consent of the provider, author and/or authorised user.

2. the user is not authorised to use trademarks, brand elements or logos used by the provider, lecturer or other participants without the written consent of the provider, owner and/or authorised user.

3. the user agrees that all contributions personally created by him/her on the platform, irrespective of their copyright protectability, may be used by the provider, lecturer and other participants - within the framework of the respective educational programme and limited to this - i.e. may be reproduced for their own purposes and edited, e.g. within the framework of the wiki.

However, these contributions may not be published or made publicly accessible to third parties in any form or on the Internet.

§ 6 Rights of the provider in the event of violations

1. in the event of violations by the user of the aforementioned obligations of §§ 4 and 5, the provider is entitled to exclude the user from using the platform with immediate effect and, in cases in which the use of the platform is necessary for the educational measure, to extraordinarily terminate the underlying contract with the user for the educational measure.

2. the provider further reserves the right to assert claims for damages against the user in the event of violations of the provisions of §§ 4 and 5.

 

§ 7 Scope and limitation of the service, availability, authorisation to make changes

1. the provider shall endeavour to achieve a high average availability of the platform.

2. in times of non-availability of the platform, which are due to Internet disruptions beyond the Provider's control or other circumstances for which the Provider is not responsible, in particular force majeure, due to planned maintenance work on the database system, which is carried out between 6:00 and 8:00 a.m. if necessary, or due to absolutely necessary unscheduled maintenance work that is required to rectify faults, or which are based on the fact that the necessary technical conditions to be created by the user for access to the database are temporarily not given, for example in the event of malfunctions of the user's hardware, the user shall not be entitled to compensation or a reduction in the fee paid for the respective training programme.

3. the provider endeavours to continuously adapt the platform to current requirements. It therefore reserves the right to make changes to adapt the system to the state of the art, changes to optimise the system, in particular to improve user-friendliness and changes to content, insofar as the latter are necessary to correct errors, to update and complete the system, to optimise programming or for licensing reasons.

 

§ 8 Liability

1. claims of the user for damages are excluded. Excluded from this are claims for damages by the user arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the contractual objective.

2. in the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused negligently, unless the user's claims for damages are based on injury to life, limb or health.

3. the restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

4. the provisions of the Product Liability Act remain unaffected. The same applies in the event of fraudulent intent on the part of the provider.

5. the provider is not responsible for the opinions expressed on the platform and the content of any kind posted by the user.

 

§ 9 Information on data collection and processing, cookies, deletion of data

1. the provider collects user data as part of the registration and processing of contracts. In doing so, it shall observe in particular the provisions of the European General Data Protection Regulation (EU GDPR), the Federal Data Protection Act, the Saxon Data Protection Implementation Act and the Telemedia Act. Without the customer's consent, the provider shall only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the utilisation and billing of telemedia. The customer's data will only be passed on to third parties to the extent that the user has expressly consented to this (e.g. for learning co-operations) or if the provider has a legitimate interest. If the user wishes to receive information about the personal data stored by the provider, this can be requested by e-mail to the address

datenschutzbeauftragter@hwk-bls.

2. the name of the user and the user name are displayed in different places on the platform. By setting the "Personal Profile" on the platform, the user has the option of hiding their online status on the platform at any time. However, if the user publishes their own CV, the provider can no longer guarantee the privacy of personal data and therefore accepts no responsibility. When the user interacts with other participants in courses, forums, blogs or wikis, references to the user name or clear name of the user are displayed, depending on the administrative settings. This also applies to objects that the user has created in the learning portal.

3. the internal mail system also forwards e-mails to the e-mail address provided by the user. The user right to send their own emails/comments to other users is granted or denied for each educational programme.

4. the provider will not use the customer's data for the purposes of market or opinion research without the customer's consent.

5. the "ILIAS" software on which the learning portal is based uses so-called session cookies, which are used to store user enquiries for the duration of the login. These cookies are deleted automatically when the browser is closed.

6 In principle, data such as user name, first name, surname, learning progress and access times are collected to achieve the objective.

7. each time the platform is accessed, the IP address of the computer used and the date and time of access are recorded. The collection and use of this log file data is used for anonymised analysis for statistical research and evaluation purposes and is therefore not evaluated in connection with names or e-mail addresses. This data is also not passed on to third parties.

8. technical and organisational measures are taken to ensure that the personal and operational data of users are deleted after access or other use has expired in accordance with the relevant regulations. If the user wishes their data to be deleted immediately, this can be done by sending an e-mail to ILIAS@hwk-bls.de.

9. two years after login and registration, the account is automatically deleted unless the user is currently attending further courses or using the platform. The user's profile data and personal settings, learning progress, comments and membership of all courses, including those that have already been archived or cancelled, will be deleted. Users are therefore advised to print out work aids and other materials in good time if required. Once the account has been deleted, access is no longer possible.

§ 10 Data protection provisions

1. personal data is stored for authentication on the system, to secure the specialised content and for communication between users. The storage period corresponds to the duration of the educational programme, but at most until the user account is deleted.

2. with the exception of the mandatory data required for the use of ILIAS (first name, surname, gender, e-mail address), the user can decide for himself whether further data should be included in the general user profile or ILIAS portfolio and made visible in whole or in part to other users of the ILIAS learning platform. The personal address book, calendar entries, private notes and e-mails stored in the mailbox are not visible to other users.

3. detailed information on the purpose of the collection, scope and storage period of personal data, as well as the rights with regard to the General Data Protection Regulation (GDPR) can be found in the privacy policy at www.hwk-bls.de/artikel-13-dsgvo.

 

§ 11 Final provisions

1. the law of the Federal Republic of Germany shall apply exclusively to contracts between the provider and the user, excluding the UN Convention on Contracts for the International Sale of Goods.

2. the contract shall remain binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced by the statutory provisions, if any.

 

§ 12 Terms of use for download

You can download the above terms of use as a PDF file free of charge from ILIAS for permanent storage on a data carrier. To open a PDF file, you may need a special programme such as the free Acrobat Reader or a comparable programme that is capable of handling PDF files.

 

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