Before you proceed to ILIAS you accept the following Terms of Service.

Terms of use for the ILIAS platform of the Chamber of Crafts of South Westphalia

Provider of the learning platform is the Chamber of Crafts Südwestfalen, Brückenplatz 1, 59821 Arnsberg.

The following General Terms and Conditions define 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 and conditions carefully.

§1 Scope, definitions

For the use and business relationship of the platform ILIAS (hereinafter referred to as the “platform”) between the Chamber of Crafts of South Westphalia (hereinafter referred to as “provider” or “we”) and the user (hereinafter referred to as “user” – without the gender or function [participants of an educational measure and lecturers] – “users”) only the following terms of use in the valid version apply.
The provider reserves the right to apply additional conditions for individual services if there is a valid reason and the change is reasonable for the user. There is a valid reason for the change, if there is a need for implementation due to certain legal requirements or supreme jurisprudence or a new or further development and/or restructuring of the technological basis with fundamental functional changes of the platform, which is offered as open source software and used by us. A change intended by the provider shall be notified to the user in text form at least two months before the planned date of change. The user’s consent is deemed to have been granted if his objection is not displayed to the provider until the planned date of change. The user will remind the provider of this consequence, i.e. that his silence is interpreted as consent to the amendment, when submitting the intended changes. The user will be informed of any change intended by the provider in good time and before use. If the user objects to a technically or legally necessary change, the provider may terminate the contractual relationship without notice.
These Terms of Use do not apply to non-web-based offers of the Provider. For these exclusively analogous offers of the provider the general terms and conditions of the Vocational Training Centre of the Chamber of Crafts of South Westphalia apply.
Deviating terms and conditions of the user are not recognised unless the provider expressly agrees to their validity in writing.

§ 2 Registration, registration and user account

The platform can be used in the following constellations:
- in the case of training activities carried out exclusively through the Platform;
- as an obligatory supplement to an educational measure booked with the provider; and
- as a voluntary supplement to the chosen educational measure.
For access to the platform, the provider provides the user with the stored access data (user name, password). In cases where the platform is used voluntarily and only as an addition to the booked educational measure, the transmission of the access data is only an offer by the provider to allow the user access to the platform. In order to conclude the usage agreement for the Platform, the User must enter this access data on the Platform and confirm his consent to these Terms of Use by opt-in. In cases where the use of the platform is obligatory or the chosen educational measure is completed exclusively via the platform, the user accepts these terms of use already with the submission of his offer for the conclusion of the contract for the respective educational measure. These terms of use will then already form part of the contract for the educational measure booked in each case.
The password must be changed by the user on the first login. Once registered, it will be forwarded to the user’s personal area of education, where, depending on the type of training, he will be asked to provide further information or to provide it on a voluntary basis.
After completing an educational measure or a course, the registration and the course remain active for two weeks on the platform in order to enable the user to retrieve work aids and materials from the respective educational measures for their own purposes during this period. After that, the course will be deleted from the platform.

§ 3 Cancellation/deactivation of the user account

The User may terminate the use of the Platform at any time in cases where the Platform constitutes an additional offer of the Provider in the context of the respective educational activity by sending an e-mail with the notice to deactivate or delete his access to the following address:

ilias-support@hwk-swf.de

In cases where the use of the platform is mandatory for the completion of the educational measure, or where it is an educational measure completed exclusively through the platform, the user must first terminate his educational contract with the provider. If the user makes use of this option, his user account will be deactivated at the time of termination.
After completion of the process, the user receives a confirmation of the cancellation.

§ 4 Obligations of users

The user is responsible for creating and maintaining the technical prerequisites for access to the platform 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.
In the event of the further development of the platform, it is up to the user, after information from the provider, to carry out the necessary adaptation measures for the IT he/she uses.
The proper usability of the platform presupposes that the time and time zone used by the user are up-to-date and correct 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 fully utilised. It is up to the user to make the appropriate settings.
The user is obliged to take the necessary precautions to secure his/her systems, in particular to use the usual security settings of the browser and to use protective mechanisms to prevent malicious software.
The user is prohibited from posting contributions whose publication constitutes a criminal offence. In addition, the user is prohibited from using and posting content of any kind on the Platform that violates the rights of third parties, in particular copyright, trademark or competition rights and/or which has an offensive, racist, discriminatory, violent, harassing or pornographic content. This also applies to communication within the platform.
The User shall also be prohibited from taking measures that may restrict or interrupt the operation of the Platform, in particular the circumvention of security measures, the dissemination of viruses or other malicious software or the automated interception of data.
The user is obliged to use the platform exclusively within the framework of the educational measure and to communicate with each other internally. Any other use of the Platform for other private or professional purposes is prohibited. In particular, the user undertakes to treat all data of the other users made accessible to him via the platform strictly confidential and not to use it for his own purposes (e.g. advertising) that go beyond the specifically implemented educational measure. The disclosure of the data without the written consent of the other users is prohibited.
The user is prohibited from removing, unrecognising or altering legal notices displayed in or in connection with the provider’s offer.
The user is obliged to keep his personal access data secret and not to disclose it to third parties. If the user determines the use of his access data by third parties, he/she is obliged to report this immediately at the following e-mail address:

ilias-support@hwk-swf.de

§ 5 Intellectual property rights

The user undertakes to comply with the applicable provisions of the Copyright Act. He only receives the right to store or reproduce the content and materials provided on the platform, including those created by the other users as part of the educational measure, in digital form on its terminal devices (max. 4) and to use them in printed form for the purposes of the educational measure. These rights of use granted to the user are not transferable to third parties. Therefore, the user may in no case pass on copies of the documents to third parties, rent, lend or otherwise grant copy rights to third parties, neither for payment nor free of charge.
Any use and/or utilisation of the content and/or material provided by the provider, lecturer or other participants, e.g. any reproduction, distribution, provision on the Internet, sale, publication, rental, transfer to other or commercial use, requires the prior, express, written consent of the provider, author and/or authorised person to use it in addition to direct, personal use by the user.
The user is not entitled to use trademarks, trademark elements or logos used by the provider, lecturers or other participants without the written consent of the provider, owner or authorised person.
The user agrees that all contributions made by him personally on the platform, regardless of their copyright protection, may be used by the provider, lecturer and the other participants – within the framework of the respective educational measure and limited to them – i.e. duplicated for their own purposes and e.g. processed within the framework of the wiki. However, these contributions may not be published, made publicly available to third parties in any form or on the Internt. § 6 Rights of the provider in the event of violations
In the event of infringements by the User of the above-mentioned obligations of §§ 4 and 5, the Provider shall be entitled to exclude the User from the use of the Platform with immediate effect and, in cases where the use of the Platform is necessary for the educational measure, to terminate the underlying contract with the User concerning the educational measure exceptionally.
The provider also reserves the right to assert claims for damages against the user in case of violations of the provisions of §§ 4 and 5.

§ 7 Scope and limitation of performance, availability, right to change

The provider strives for a high average availability of the platform.
In times of unavailability of the platform,

That are based on disturbances of the Internet that cannot be affected by the provider or other circumstances beyond the control of the provider, in particular force majeure;
due to planned maintenance of the database system carried out between 6:00 and 8:00 in the morning if necessary; or
due to mandatory unscheduled maintenance necessary for the elimination of malfunctions; or
that are based on the temporary absence of the necessary technical conditions for access to the database to be created by the user, for example in the event of disruption to the user’s hardware;

the user is not entitled to compensation or reduction of the remuneration paid for the respective educational measure.

The provider strives to continuously adapt the platform to the current requirements. It therefore reserves the right to adapt the system to the state of the art, to optimise the system, in particular to improve user-friendliness and to change content, provided that the latter are necessary for correcting errors, for updating and completing, for program optimisation or for licensing reasons. If necessary changes to the terms of use result from this, § 1 paragraph 2 shall apply.

§ 8 Liability

Claims of the user for damages are excluded. This excludes claims for damages of the user from injury to life, body, health or from the violation of essential contractual obligations (cardinal duties) as well as liability for other damages based on a deliberate or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In the event of a breach of essential contractual obligations, the provider shall only be liable for the typical, foreseeable damage, if this was caused negligently, unless the user’s claims for damages resulting from injury to life, body or health are concerned. The limitations of paragraphs 1 and 2 shall also apply for the benefit of the legal representatives and vicarious agents of the provider if claims are asserted directly against them. The provisions of the Product Liability Act remain unaffected. The same applies in the case of the fraudulent on the part of the provider. The provider is not responsible for the opinions expressed on the platform and the content of any kind posted by the user.

§ 9 Final provisions

To contracts between the provider and the user, the law of the Federal Republic of Germany applies exclusively to the exclusion of the UN Sales Law. The contract shall remain binding even in the event of the legal ineffectiveness of individual points in its other parts. If applicable, the statutory provisions shall replace the ineffective points.

§ 10 Terms of use for download

For the permanent storage of the above conditions of use on a data medium, you can download it as a PDF file free of charge under

To open a PDF file, you may need a special program, such as the free Acrobat Reader or a similar program that can handle PDF files.