Conditions of use and additional information relating to the VDZ e-learning platform “Cementtraining.com”.
The VDZ gGmbH (hereinafter referred to as "VDZ") offers companies in the cement industry (hereinafter referred to as "the Client") and their employees (hereinafter referred to as "the Participant") paid access to an online continuing training program (hereinafter referred to as "the VDZ platform"), as well as related services, in accordance with the following conditions of use:
§ 1 What VDZ offers
1.1. VDZ provides paid access to a web-based multimedia continuing training program. Participants are given access to online courses and teaching materials, videos, animations and checks on their learning, as well as the opportunity to discuss specific issues with other Participants via forums and chat rooms.
1.2. The Client will acquire from VDZ licenses for access to the individual courses that go to make up this online continuing training program. VDZ will grant these licenses either as individual licenses for particular online courses or as overall licenses for the entire training program. Access to the online courses and the information on the Internet platform will be controlled via transaction numbers (TANs). As a general principle, it is possible to access the online courses using a valid e-mail address (for registration with the system) and a TAN (for access to the online courses).
§ 2 Conclusion of the Contract
2.1. Participants can subscribe directly with VDZ. The Contract will only come into being upon the issuing of our written order confirmation and in accordance with its content, or upon acceptance of the service by the Client. We do not issue an order confirmation for enrolments with a value of up to 1,000 EURO net. In such cases, the order will be deemed accepted if we have not rejected it in writing within 10 working days after it has been received.
2.2. In order to be valid, additions, changes and ancillary agreements must be confirmed by us in writing. This will also apply to the cancellation of this written form requirement.
2.3. § 2.2. will not apply unless the value of changes to the order exceeds 1,000 EUR net.
§ 3 Services
3.1. VDZ will supply to the Participant the course that has been purchased on the VDZ platform for the period of time shown in the course overview and the Participant’s online shopping basket. The Participant will be shown how much longer the courses they have purchased will last. After that period of time has elapsed, the Participant will have no further access to the course in question. However, they will still be able to log on to the VDZ platform.
3.2. Courses will be provided by VDZ both with and without tutors. VDZ will supply courses with both self-assessment tests and exercises that have to marked by the tutor. At the end of a course, depending on its structure, the Participant will be able to take a final test and/or a final written examination that the tutor will check and mark.
3.3. For purposes of collaborative learning, VDZ will provide the Participant with chat rooms, instant messaging and forums. The content of the chat rooms and instant messages will be deleted at regular intervals.
3.4. When the Participant has successfully completed a final test and/or examination, they can print off a document of participation or a certificate. Both will bear the forename and surname that the Participant entered in the "My data/Your user profile" field. The Participant can get either a document of participation or a certificate according to special terms of contract with the client.
3.5. VDZ will charge for any further services that are bought on a time and material basis, using its scale of charges.
§ 4 Duties to cooperate
4.1. The issuing of a TAN will grant access to information that is specific to the Client and the Participant (e.g. bespoke courses for particular companies). The Client must ensure that the TAN is only used by the persons who are authorized to use it.
4.2. The TAN must be used by the Participant during the period of time stated; otherwise it will cease to be valid. Unless stated otherwise, a TAN can only be redeemed once. A TAN that has been redeemed cannot be transferred, and no refund can be paid for it.
4.3. The Client must ensure that the Participant is informed about the security aspects of platform use (e.g. the security of passwords). It must also ensure that VDZ is notified of participants who have had access to the online courses and who leave the Client’s company.
4.4. The Client undertakes to ensure that Participants treat the passwords they have been given as confidential. If it comes to light that a particular password has been misused, VDZ will be entitled to block that password and, with it, access to the VDZ platform.
4.5. Access to the VDZ platform must be granted to each Participant separately. It is not permissible for data giving access to the platform to be disclosed, or for access to be acquired by more than one person (e.g. general access for site XY).
4.6 The Client undertakes to guarantee compliance with the provisions of data protection law. If the Client deploys a tutor from within the company, it must ensure that this tutor complies with the provisions of data protection law. The tutor must be similarly obligated.
4.7. If the Client does not cooperate or does not cooperate as contractually agreed, VDZ will be entitled to invoice it for the extra costs incurred thereby. We expressly reserve the right to assert statutory rights in excess of the amount in question.
§ 5 Use
5.1. The technical prerequisites for use (appropriate hardware and software, telecommunications equipment and an internet service provider) must be supplied by the Client at its own expense.
5.2. If VDZ recommends that the Client use specific hardware or software, such recommendations will not imply any warranty or guarantee as to its operational fitness.
5.3. Each time the Participant uses the e-learning service, they must first enter their pseudonym and password on the relevant page of the VDZ platform.
5.4. A Participant who has registered can avail them of the content supplied on the VDZ platform for their own personal use. The Participant cannot pass on printed or electronic copies of that content to unauthorized third parties.
5.5. In the chat rooms, instant messaging and forums that are provided, the Participant undertakes not to make any insulting, obscene or racist comments, or comments that are otherwise unethical or that violate currently applicable legislation, to other Participants. VDZ will remove chat room, instant messaging or forum content as it sees fit or if asked to do so by users, if said content is injurious or offensive or breaches the platform’s conditions of use. The Participant undertakes not to divulge any trade secrets concerning the communication functions.
5.6. The Participant also undertakes not to use e-mail addresses or other data relating to other Participants for commercial purposes or disclose them to unauthorized third parties.
5.7. The Client will notify the Participant of the conditions of use mentioned above.
§ 6 Prices and payment conditions
6.1. VDZ will invoice for the services it provides via its platform at the prices agreed with the Client and, in accordance with the expenses incurred by VDZ at the rates usual at the time of placement of order. 6.2. The Client and/or Participant will, themselves, bear the telecommunications and Internet costs that they incur.
6.3. Unless explicitly otherwise agreed, payment will be due upon receipt of the invoice and must to be made net (without deductions) within 30 days from the invoice date.
§ 7 Liability
7.1. Users will avail themselves of the VDZ platform and its content at their own risk. VDZ does not guarantee that the program functions will meet the Participant’s requirements or can be integrated into the selection they have made.
7.2. VDZ will endeavor to maintain full technical operational readiness, but cannot guarantee it. The VDZ platform will be available to use for at least 20 hours every day. The VDZ platform will be removed from the Internet at regular intervals - the start page will show precisely when - for reasons of data security and updates. In exceptional cases - e.g. for the purpose of removing serious errors or installing updates - it is also possible that the system’s operation will be interrupted at other times. VDZ will endeavor to give prior notice of such exceptional interruptions. These restrictions as to the use of the VDZ platform that have been mentioned will not constitute a reduction in services, but will form a constituent part of normal use.
7.3. VDZ does not guarantee that the information that is available on the platform is up-to-date, correct or complete. VDZ will not be liable for course content or the work documents that accompany the courses except in instances of deliberate or grossly negligent fault on the part of VDZ or one of its vicarious agents.
7.4. Liability for damage caused by technical malfunctions is excluded. Other damage claims - with the exception of damage claims for injury to life, bodily injury or injury to health or the breach of essential contractual rights and duties (so-called cardinal duties) - are excluded to the extent that they are not caused by intent or gross negligence committed by VDZ or its legal representatives or vicarious agents.
7.5. Notwithstanding careful monitoring of the content, VDZ will not accept any liability for the content of external links. The operators of the links displayed on its site will be solely responsible for their content.
§ 8 Copyright
The platform contains material that is protected by copyright. It is not permissible to reproduce it or pass it on without VDZ’s prior consent.
§ 9 Miscellaneous
9.1. Should individual provisions of the above conditions or parts of them be ineffective, the effectiveness of the other provisions will not be impaired thereby. An ineffective provision in these conditions will be replaced by the effective provision that corresponds most closely to the ineffective provision as to its commercial outcome. The same will apply to any omissions that exist in the provisions.
9.2. All contracts are concluded in in compliance with applicable laws of the Federal Republic of Germany. The relationship between the parties to the contract is governed solely by the law of the Federal Republic of Germany. It is agreed that the place of jurisdiction and fulfillment in relation to parties who are business persons will be Düsseldorf.
9.3. For traders, in addition to these conditions of use, the currently applicable version of VDZ’s General Terms and Conditions will apply; it can be found at: http://www.vdz-online.de/fileadmin/gruppen/vdz/2Dienstleistungen/AGB_2012.pdf
As at: 1 January 2012