Provider of the learning platform is the Chamber of Crafts Südwestfalen, Brückenplatz 1, 59821
The following General Terms and Conditions define the legal framework for the use of our platform
§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
- 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
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
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 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
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
- 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:
§ 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
- 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
- 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
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.
§ 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.
For the permanent storage of the above conditions of use on a data medium, you can download it as
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