Terms of use

Status March 2021

1. These Terms of Use apply to the use of the online offer of the e-learning platform “Lernwelt” (hereinafter referred to as the "Platform") of ecoprotec GmbH, Pamplonastraße 19, 33106 Paderborn, Germany (hereinafter referred to as the "Operator") as well as its training modules by employees (hereinafter referred to as "Learners") of the commercial customers (hereinafter referred to as the "Client") of the Operator on the basis of an existing contract of use with the Operator.
2. The use of the platform is only permitted if the learner accepts these terms of use.

1. Prerequisite for the use of the platform is a prior registration and the creation / activation of a user account.
2. The registration of the learner on the platform can take place through the transmission of the learner's data by the client to the operator. In this case, the learner receives access data for the platform by the contractor via e-mail.
3. Alternatively, the learner is provided with a PIN number, which enables the learner to register once. Registration takes place by means of an e-mail address and password. This e-mail address is also used for communication with the operator.
4. By completing the registration process, a user account of the learner is created. This creates a user contract with the client that is free of charge for the learner. The subject of the user contract is the use of training modules of the platform.
5. The learner assures that the data used for registration and creation of the user account are accurate and complete. The use of pseudonyms is not permitted.

1. The learner can access the training modules activated for him/her on the platform. Access to the platform is password-protected using the access data assigned to the learner. The access data is only valid for one learner at a time.
2. The learner is obliged to keep the access data and passwords secret.
3. The learner is prohibited from using the platform in a way that endangers the security or performance of the platform. In this respect, the learner must refrain from any activity that is likely to impair and/or place an excessive burden on the operation of the platform or the technical infrastructure behind it. This includes in particular
4. the use of software, scripts or databases in connection with the use of the platform.
5. the automatic reading, blocking, overwriting, modification, copying of data and / or other content, unless this is necessary for the proper use of the platform.
6. The learner is liable for any misuse for which he is responsible.
7. In case of misuse, the provider is entitled to block access.
8. The platform is accessible to learners via the Internet. Internet access and an Internet-capable desktop device with an up-to-date browser required to use the platform are provided by the learner. For optimal viewing, we recommend an internet bandwidth of at least 16 Mbit/s.
9. The platform is not optimized for mobile devices. In individual cases, it cannot be guaranteed that training modules can be displayed correctly via mobile devices.
10. On an annual average (365 days), the platform is available 98% of the time, minus downtime due to maintenance and software updates.
11. Should there be any disruptions in the use of the platform or its functionalities, the learner will notify the operator of this disruption without delay.

The operator will issue participation confirmations for the learner after completion of a training module. These confirmations of participation are stored on the learner's user profile for the duration of the usage contract for the learner and the client. The contractor is entitled to delete the learner's participation confirmations one month after termination of the user contract.

1. The contractor grants the learner a non-exclusive, non-transferable right to use the training modules online on the platform, limited in time to the term of the user contract. This includes the right to access the training modules of the platform and the creation of copies of the program code in the learner's working memory resulting from such access.
2. The learner is not entitled to use the training modules and the platform to a greater extent than explicitly permitted under these terms of use.
3. In particular, the learner is not entitled (i) to make the training modules or the platform accessible to third parties, (ii) to make edits to the training modules and the platform or (iii) to grant sublicenses for the contents of the platform.
4. Insofar as the provision of further documents and accompanying materials is provided for within the scope of use, the Operator grants the Learner a non-exclusive, non-transferable right of electronic retrieval limited in time to the agreed term.
5. All other rights, in particular the right to reprint, the right to translate, the right of reproduction by photomechanical or similar means, as well as the right to store and process the content electronically or to distribute it in computer networks - including excerpts - remain with the operator.
6. The learner does not receive any ownership or exploitation rights to the content provided in the training modules or on the platform.
7. Trademarks, company logos and other marks as well as protective notes, copyright notices and other marks identifying the contractor, or the author or individual elements thereof may only be removed or changed with the explicit written permission of the operator.

1. The term of the user contract is based on the term of the contract with the client (hereinafter referred to as the "main contract").
2. If the main contract is terminated by the client or the operator, the user contract of the learner automatically expires at the time of termination of the main contract.
3. The right of each party to extraordinary termination for cause is possible for the parties under the legal conditions.
4. The operator is entitled to delete all contents and data of the learner six months after termination of the user contract.

1. Notwithstanding the following provisions, the operator is liable without limitation for intent, gross negligence and under the Product Liability Act and for damages resulting from injury to life, limb or health.
2. Compensation for damages arising from the slightly negligent breach of cardinal obligations is limited to the amount of the typically foreseeable damage. Cardinal obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely. Further claims for damages by the customer arising from simply negligent breaches of duty are excluded.
3. Any exclusion or limitation of liability shall also apply to employees, representatives and vicarious agents of the Contractor.

1. The contractual relationship and all legal relations arising therefrom shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
2. Should the contract of use contain invalid provisions, the validity of the rest of the contract shall remain unaffected.