BEKO TECHNOLOGIES GMBH Im Taubental 7 D 41468 Neuss Terms of Use of BEKO Academy 1 Object of the Terms of Use The object of the following Terms of Use is the BEKO Academy. The BEKO Academy is a service of BEKO TECHNOLOGIES GmbH (hereinafter referred to as BEKO TECHNOLOGIES). The Academy is a learning management system which provides registered users with online-based learning materials in a variety of formats. These Terms of Use apply to all users, independent of whether they use the Academy for a fee or free of charge. 2 Copyright The information, texts, software, images, videos, graphics and other materials provided by the BEKO Academy are protected by copyright, trademark or patent rights. BEKO TECHNOLOGIES or its licensers hold all copyrights and exploitation rights. 3 Use of information and materials Only registered users have the right to use the BEKO Academy and its content; this right is granted to a specific individual and is non-transferable. The user is entitled to access, display, download, print out the materials offered through the BEKO Academy, and to use such materials for learning purposes. The user is not allowed to copy, sell, transfer, publicize or otherwise provide the materials described to third parties, or to use these for any other purposes besides learning-related purposes. BEKO TECHNOLOGIES reserves the right to permit group use of accounts in exceptional cases. Use outside of the granted use requires prior written approval from BEKO TECHNOLOGIES. 4 Registration and access identification Users must register to use the BEKO Academy. The user is responsible for all use carried out under their user name and password. With their use, the user expressly recognises that they are prohibited from sharing their user name or password with a third party. They must ensure that their user name and password are protected against unauthorised use. If the user notes or suspects misuse of their access details, they are obligated to inform BEKO TECHNOLOGIES of this promptly. 5 Changes to services BEKO TECHNOLOGIES reserves the right to supplement, adjust or deactivate parts or certain functions at any time. Changes made to improve quality are permitted at any time without prior notice and without user approval. BEKO TECHNOLOGIES will only deactivate parts of its services if this does not endanger the overall services as a whole. BEKO TECHNOLOGIES reserves the right to restrict the usability of the BEKO Academy during periods when platform operation cannot be reasonably expected due to maintenance or repair work. BEKO TECHNOLOGIES shall, however, attempt to keep downtimes as short as possible and ensure that all functions and content remain available at all times. 6 Warranty and liability BEKO TECHNOLOGIES hereby undertakes to design and operate the BEKO Academy such that its proper function is regularly ensured. BEKO TECHNOLOGIES shall, however, accept no guarantee that function can be ensured at all times and with all conceivable user system configurations. The user is responsible for ensuring that the technical requirements for platform usability that are within their scope of influence are met and maintained. The user uses BEKO Academy at their own risk. BEKO TECHNOLOGIES accepts no liability for any damages incurred due to the use of the BEKO Academy or its content. 7 Behavioural rules for the forum When using the forum and all of its components, the friendly and respectful conversational tone typically expected on the internet (Netiquette) must be maintained. Each user is responsible for all information and files provided under their user name, and is obligated not to violate any copyrights. BEKO TECHNOLOGIES and the moderators are not responsible for the content, correctness or form of individual posts made. Making posts that are racist, pornographic, contemptuous of human life or that violate common decency is expressly prohibited. Publishing advertisements of any kind is not allowed. If a post violates the above provisions, it will be removed without notification to the user; in case of gross or repeated violations, we reserve the right to block individual user accounts temporarily or fully. The sale or exploitation of content and transmission of content to third parties outside of the forum requires the approval of the content's author. Quoting posts by others in whole or in part and in compliance with regulations within the forums is permitted. 8 End of the usage authorisation The right to use the BEKO Academy shall expire at the end of the granted or agreed usage term. If * the user knowingly provides or has provided false information during registration, * the user grossly or repeatedly violates the forum behavioural rules or * the user violates the provisions of these Terms of Use in some other manner, BEKO TECHNOLOGIES reserves the right to immediately block its services and to terminate a contractually agreed-upon usage without notice; it also reserves the right to assert further damages. 9 Data Protection We comply with statutory data protection regulations. The current Data Protection Declaration of BEKO TECHNOLOGIES GmbH are available online on our homepage. The following regulations also apply to personal user data: After the user's first log in, * employees of BEKO TECHNOLOGIES GmbH will release unrestricted access. * If the course participant is an external party, the access will be blocked again as a standard feature after 3 months (alternatively, individual usage terms may be agreed with Sales). No paid contracts are concluded for the use of the BEKO Academy. All data are saved on a system which is separate from the BEKO Academy. These data are only used to verify proper handling of the contractual relationship. With respect to tracking user learning progress and success, only the completion status of the individual modules is saved. This information is not transmitted to third parties (such as the users supervisor). The user is solely responsible for verifying their learning progress to third parties. If the user successfully completes the entire course, they will receive a certificate for their further free use. 10 Amendments to the Terms of Use BEKO TECHNOLOGIES reserves the right to make changes to these Terms of Use. The user will be informed promptly of changes. Through their continued use of the services, the user agrees to the changed conditions, even if they do not expressly declare their approval. If the user declares that they do not agree to the changes, they must notify BEKO TECHNOLOGIES; in this case, their authorisation to use the BEKO Academy shall expire, and any usage contract they have concluded will be considered terminated without notice. 11 Notifications and information The current valid version of these Terms of Use is available online for viewing on the user's personal start page. We recommend that all users print out these Terms of Use or save them on their local device. If you have questions regarding these Terms of Use, please contact: BEKO Technologies GmbH Mr. Bernd Losberg Im Taubental 7 D-41468 Neuss E-Mail: bernd.losberg@beko-technologies.com Tel: +49-2131-988-233 or BEKO Technologies GmbH Mr. Patrick Macht Im Taubental 7 D-41468 Neuss E-Mail: patrick.macht@beko-technologies.com Tel: +49-2131-988-218 12 Final provisions The law of the Federal Republic of Germany applies, excluding the UN Convention on the International Sale of Goods (CISG) and the referral provisions of German international private law. The place of jurisdiction for all disputes between the user and BEKO TECHNOLOGIES is Neuss/Germany. If individual points of these Terms of Use are null and void, this shall not affect the validity of the remaining provisions. The void points shall be replaced in each case by a legally valid formulation reflecting their specific meaning. Version: 25 -04 -2019