§ 1 General
- Löwenstein Medical SE
& Co. KG – hereinafter referred to as "LM" – operates a
platform for eLearning under the domain www.academy.hul.de. The
service offering covers LM's own content and content from third parties.
The offer on the platform is targeted exclusively to users, technicians
and dealers of our product portfolio. The use of the services on the
platform is permitted to registered participants only.
- These business terms
apply to all contractual relationships between the training participant
§ 2 Usage Agreement
- Use of the platform is
possible only after the user has registered on the platform.
- LM provides a form online
- The training participant
agrees to provide truthful information and to keep that information up to
date at all times.
- The use of the platform
is free of charge.
§ 3 Providing Access to the
- LM provides an eLearning
platform for the use of digital learning offers.
- LM does not guarantee the
availability and accessibility of the platform in individual cases. The
eLearning offers for self-directed learning are available continuously via
the Internet for the duration of the training. All eLearning offers with
live participation options are available from the start of the designated
event. The training participant is responsible for meeting the
prerequisites for use of the eLearning Center, particularly, an Internet
connection, use of a current Internet browser and functional equipment for
online presentations. Exceptions to platform availability occur during
brief maintenance periods or failures attributed to force majeure.
- Without giving advance
notice, LM is entitled to expand the functional scope of the platform,
make technical adjustments, change menu navigation or layouts, or impose
restrictions in a reasonable manner.
§ 4 Rights and Obligations of
- After registering, the
training participant receives LM access data for purposes of using the
platform. The training participant is obliged to keep the access data
confidential and to inform LM immediately of the loss of the access data
or of its unauthorized use by third parties. The access data may not be
made available to third parties. In the case of a well-founded suspicion,
LM is entitled to block the access data. In the event of misuse, LM is
entitled to block individual user accounts in consideration of justifiable
customer interests and, if applicable, permanently prevent use of the
§ 5 Cancellation, Blocking
- Access authorization to
the platform ends at the time of cancellation.
- Cancellation may be made
in writing (on paper) or in electronic text.
§ 6 Liability
- If not otherwise
regulated by these terms, including the following provisions, LM is liable
according to the relevant legal regulations.
- LM is liabale for claim
damages – regardless of the legal grounds – only for intent and gross
negligence. In cases of ordinary negligence, LM is liable only for damages
resulting from injury to life, body or health.
- The above-mentioned
limitations to liability do not apply if LM is charged with fraudulent
intent or in the case of warranty or within the scope of product liability
§ 7 Rights of Use
- The participant acquires
a simple, non-sublicensable and non-transferable rights of use to the
documents, downloads, evaluation tools, databases and compilations made
avaailable on the platform, exclusively for his or her own purposes. The
rights are granted only to the extent required to achieve the training
objective. Use includes – as far as technically approved – permanent
storage and reproduction (paper copies) in compliance with copyright law.
The transfer of copyright-protected content to third parties is
- Any use beyond the scope
of the aforementioned scope and not permitted by mandatory legal
regulations requires prior, separate and express consent of LM in written
form. This requirement covers, in particular, forwarding of content or
parts thereof or granting access to the content to third parties. LM is
entitled to use technical measures to prevent unauthorized use. The
participant may not use any means to overcome or circumvent such measures.
- Upon cancellation, the granted
rights of use revert in full to LM.
- LM may at its discretion
change the content of the service to be provided after taking technical
requirements and market conditions into consideration.
- Changes to the terms of
use are published on the platform and integrated in the electronic
processes in accordance with § 2.
§ 9 Applicable Law, Jurisdiction
- The law of the Federal
Republic of Germany applies.