Terms of use Elementar Academy
Summary
Terms of use for the training.elementar.com website
Complete guideline
- general information
The Elementar Academy is made available to you (hereinafter also referred to as "user") by Elementar Analysensysteme GmbH, Elementar-Straße 1, 63505 Langenselbold (hereinafter referred to as "EAS" or "we") as a service offering.
By giving your consent during the registration process, you declare your binding agreement with these Terms of Use and agree to comply with them in full.
Employees of EAS and sales partners ("Internal Users") may be subject to provisions that deviate from/add to these Terms of Use.
EAS makes the Elementar Academy available to you exclusively for professional use and within the framework of an effective agreement between EAS or a subsidiary of EAS and the company specified during registration (hereinafter also referred to as the "participating company"). Any access costs (Internet connection etc.) and costs incurred by the user in offering and posting content shall be borne by the user.
EAS provides all functions and data of Elementar Academy to the best of its knowledge and belief. Should errors occur in the software or data, EAS assumes no liability for damages of any kind resulting from the use of the faulty software or data, unless EAS has acted willfully.
In the event of suspected misuse of the Elementar Academy or for technical reasons, EAS may temporarily or permanently block access to the Elementar Academy at any time. Your right to use the service expires when the block takes effect. You must cease all use immediately.
- service description
The Elementar Academy is a web-based application that provides training and support for users of Elementar analyzers and for sales, service and other personnel of EAS, its subsidiaries and distributors.
In addition to the basic possibility of using the content available to you in the member area free of charge, you have the option of booking chargeable services (“ paid content”) (e.g further training, or in-person seminars), which are marked as such.
- authorization and access to the Elementary Academy
Authorization as a user takes place via the registration process and is personal, i.e. each user requires their own authorization. Depending on the authorization, access rights are granted within the Elementar Academy. Each user is assigned to the company named during registration. EAS reserves the right to change the scope of access rights at any time without giving reasons.
Currently, the authorizations are differentiated according to the training courses acquired, the employment conditions at EAS or its subsidiaries and the status within the Elementar dealer network.
When activating access to the Elementar Academy for the first time, you must set a password that contains at least eight characters, one number, one lowercase letter and one uppercase letter.
Never disclose your password to third parties, even if requested to do so. You are solely responsible for ensuring that your password is kept confidential. Furthermore, you are solely responsible for all actions carried out under your password. You undertake to indemnify EAS against any liability or compensation for damages resulting from the use or misuse of your password. You also undertake to inform us immediately of any unauthorized use of your password or any breach of security regulations.
The Elementar Academy is based on web technologies and can in principle be used from any Internet-enabled computer worldwide. If you use the Elementar Academy, you assume responsibility for ensuring that the computers you use to access the Elementar Academy are free of malware of any kind. EAS explicitly recommends that you only use computers for working with the Elementar Academy on which up-to-date virus and malware scanners are active and on which the latest software version of the operating system, including any security patches, are installed. The use of Elementar Academy on publicly accessible computers (e.g. in so-called Internet cafés) or public access points (e.g. public WLAN networks at railroad stations, in hotels, etc.) is not recommended for security reasons.
For security reasons, you will be automatically logged out of an active Elementar Academy session after a long period of inactivity. In this case, you must log in again with your password before continuing to work with the Elementar Academy.
- logging
For your and our security, activities initiated by Elementar Academy users are recorded in so-called "log files". Information is stored in these log files that makes it possible to trace when data was changed by which registered user and when a registration process took place.
Logging takes place exclusively for use in cases of concrete suspicion of misuse, for error detection and analysis and at the request of law enforcement authorities. In addition, the time stamp when logging in is used to check whether the account is still being actively used. Beyond this, however, there is no regular personal evaluation of logged data; in particular, EAS will never use logged data to measure performance, create personality profiles or for comparable purposes.
EAS reserves the right to adapt the type and scope of the logged data should this become necessary for factual or legal reasons.
- duration of contract and license
Upon activation of your account by EAS at the end of the registration process, the contract begins and runs for an indefinite period.
EAS may terminate the contract at any time - after the expiry of specific usage periods for paid content, if applicable - with a notice period of four (4) weeks to the end of the month. At the end of the contract period, all obligations under this contract end, with the exception of those provisions that are clearly intended to remain in force after the end of the contract.
The user can terminate the contract at any time by submitting a request to delete their account via our general contact form or by emailing to training@elementar.com . This does not affect any existing obligations of the customer with regard to paid content.
EAS reserves the right to terminate the contractual relationship - after prior information and request to log in - by deleting the account if the corresponding user account has not registered a login for a period of at least 12 months ("inactive accounts"). However, in the case of inactive accounts through which paid content has been booked, this deletion will not take place before the end of the specific usage period of the corresponding paid content.
The granting of rights under this agreement (license term) begins
- for free content with its provision in the member area
- for paid content on the booked date or - for content not bound to a specific date - when it is made available
and ends
- in the case of paid content booked, at the end of the specific usage period or the end of the contract period due to termination by the user or extraordinary termination by one of the parties, whichever occurs first;
otherwise at the end of the contract term.
The right to extraordinary termination remains unaffected.
EAS reserves the right to revoke the license for free content in whole or in part at any time without giving reasons.
- scope of use
The User shall receive the non-exclusive right, limited to the term of the contract and license pursuant to Section 5, to access the Elementar Academy and its content via the Internet for its own internal business purposes only. The User shall not be granted any further rights; in particular, the User may not grant any sublicenses or reproduce, sell or otherwise make accessible any parts of the system.
The distribution, dissemination, making available, copying, making available to the public of any electronic resources contained on Elementar Academy, including but not limited to PDF documents, PowerPoint files, video/audio files, software and license keys to third parties without the express written permission of EAS is strictly prohibited.
The user assures that he/she will not disclose confidential content obtained by accessing a restricted area to persons without appropriate access authorization.
In case of doubt about the scope of the rights of use, the user is obliged to clarify this by contacting EAS.
The user must ensure that the personal and company-related user data is updated. EAS must be informed immediately if a registered user leaves a participating company under which he was authorized, so that the account can be deactivated.
- support
The user can get in touch with the following contact persons if questions arise in connection with malfunctions and handling within the Elementar Academy: training@elementar.com
EAS informs users about planned maintenance and faults by e-mail.
The user shall bear the costs for the elimination of faults that can be proven to have been culpably caused by the user. This also applies to faults caused to other devices and/or networks.
- liability
EAS is only liable for damages caused by its own fault or the fault of its vicarious agents if these are based on gross negligence or intent. This does not apply if these damages involve injury to life, limb or health.
Insofar as EAS is liable under this clause, liability is limited to typical damages that were reasonably foreseeable for EAS at the time the contract was concluded. Any liability of EAS for indirect damages, consequential damages or loss of profit is also excluded.
In particular, EAS does not guarantee that the Elementar Academy service will always run without interruption or error and that it will be available at all times. EAS is not responsible for the content of third parties.
Although EAS always endeavors to keep the Elementar Academy website free of viruses, EAS does not guarantee that it is virus-free and is not liable for damage caused by viruses or malware. Liability for the unauthorized disclosure or use of passwords is also excluded.
In all other respects, the parties shall be liable in accordance with the statutory provisions.
- processing of the user's contact data, data protection
EAS collects data as part of the registration process and possibly as part of individual functional areas within the Elementar Academy. The data is stored and used for the purpose of providing the Elementar Academy and in the context of providing the respective functions in compliance with the relevant data protection regulations.
EAS processes the user's contact data (name, address, e-mail address) provided when using the Elementar Academy within the scope of the fulfillment of the contract and the legitimate interest in processing the concluded contractual relationship and uses it to further maintain the customer relationship. You can object to the processing on the basis of the legitimate interest at any time with effect for the future by contacting EAS (datenschutz@elementar.com).
Additional information can be found in the privacy policy.
- subject to change
EAS reserves the right to change the Elementar Academy through extensions, improvements or restrictions. EAS is also entitled to adapt the security requirements to the current state of the art.
In addition, the legal framework is subject to constant change. This may also result in a need to adapt these Terms of Use. EAS can therefore change the Terms of Use at any time or adapt them to the applicable legal situation.
EAS will inform users of any changes accordingly. By registering with Elementar Academy and continuing to use one of our services, you agree to the amended version of the Terms of Use.
- other
You may not assign any rights under these Terms of Use to any third party without our prior written consent.
These Terms of Use are subject to the law of the Federal Republic of Germany.
The courts with jurisdiction for our registered office in Langenselbold shall have exclusive jurisdiction for all disputes arising from or in connection with these Terms of Use.