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.
