General Terms and Conditions of Use of the Schaeffler Website "Schaeffler Training"
1. Scope
1.1
The use of this website (Schaeffler Website) offered by Schaeffler Technologies AG & Co. KG ("Schaeffler") is subject to these Terms of Use. By commencing use, the user accepts the validity of these Terms of Use in their current version.
1.2
The Schaeffler Website offers an open and a password-protected area.
1.3
Access to the password-protected area of the Schaeffler Website requires a Medias Plus or Medias Business Account and is only possible for (i) users who are employed by companies that have a direct contractual business relationship with Schaeffler or for (ii) users who are employed by companies that are customers of sales partners (customer of the customer), who in turn have a direct business relationship with Schaeffler and who are authorized to set up or have set up access to the system for users of their own customers.
In the latter case (ii), both the provision of the Schaeffler Website and the delivery of information, software, training and services via the system are contractually owed services of the sales partner to its customer on the basis of the separate contract concluded between the sales partner and its customer. Schaeffler itself is not a party to this contract and merely provides the technical platform with the system so that the sales partner can fulfill its contractual obligations to its customer and the customer receives the service owed by the sales partner. The sales partner is responsible as the customer's business partner for claims by the sales partner's customer or other matters arising from or in connection with the services. These Terms of Use therefore only govern the use of the system (app, website) as such between Schaeffler and the customer of the sales partner.
1.4
These Terms of Use refer to further conditions that also apply to the use of the system, namely the Schaeffler Data Privacy Statement including information on cookies - see link in the system and Section 11 of these Terms of Use.
1.5
Users with access to the password-protected area of the Schaeffler Website undertake and warrant that the use of the Schaeffler Website is in the course of their employment and that the user is not using the system as a consumer. Furthermore, the user undertakes and warrants that it is authorized by (i) the company that is a customer of Schaeffler or (ii) the company that is a customer of a sales partner (customer of the customer), which in turn has a direct business relationship with Schaeffler, to use the system to receive data and services provided by the Schaeffler Website.
These General Terms of Use may be amended, modified or replaced from time to time.
In particular, the "General Terms and Conditions (Sales)" as amended from time to time shall apply to the provision of services pursuant to Section 2 by Schaeffler via the system to companies, trading companies and legal entities that are direct customers of Schaeffler for services pursuant to Section 2 (i.e. not to customers of the sales partner and their employees as users who are not direct customers of Schaeffler, see Section 1.3). These "General Terms and Conditions (Sales)" shall take precedence over these Terms of Use in the event of any conflict.
2. Contents of the Schaeffler Website
The Schaeffler Website provides a learning management system. The learning management system includes, among other things, the online and offline training courses offered by Schaeffler Industrial, for example offers for product-specific and non-product-specific training and certifications (training courses, e-learning, videos, web seminars, ISO certifications, etc.). Registered users have the option of requesting the training offered to them via the Schaeffler Website (see Section 7 of these Terms of Use). The Schaeffler Website is access-protected for consumption. All training descriptions and learning paths can be viewed free of charge and without registration. In some cases, the request or consumption of training content requires prior registration and activation of the user in the Schaeffler central system. This requires an active account in Schaeffler Media Business or Plus. When access is attempted, the user is automatically directed to the Schaeffler Medias portal for registration or login. After successful login via Schaeffler Medias, the user is automatically redirected back to this Schaeffler Website (learning management system) and is logged in. All individual learning management system settings, e.g. training language or area of interest, can be made in the Schaeffler Medias user settings. These are securely transferred to the learning management system at the next login. It is not possible to consume the Schaeffler Website content without prior activation. There is no entitlement to registration and/or activation by Schaeffler. The decision as to whether registration and/or activation of the user takes place is the sole responsibility of Schaeffler.
The information, software and services provided on the Schaeffler Website are provided without obligation and without any claim to completeness. Schaeffler is entitled to discontinue the operation of the Schaeffler Website in whole or in part at any time without prior notice or to change the content. Schaeffler does not guarantee the uninterrupted availability of the Schaeffler Website. All users of this Schaeffler Website are regularly and automatically checked at personal level in accordance with export control regulations. Should a check of a user reveal any anomalies, Schaeffler is entitled to deactivate this user account at any time without prior notice immediately after discovery.
3. Rights of Use
3.1
The use of the information, software, services and documentation made available on the Schaeffler Website is subject to these Terms of Use. In the event of updates to information, software, services or documentation, the relevant license terms previously agreed with Schaeffler shall apply. Any separately agreed license conditions shall take precedence over these Terms of Use.
3.2
Schaeffler grants the user a non-exclusive, non-assignable, non-sublicensable and non-transferable right to use the information, software and documentation provided on the Schaeffler Website to the extent agreed between the parties (Schaeffler and direct customers) or between the sales partner and its customer, e.g. in separate agreements or through separately applicable General Terms and Conditions, or, if nothing has been agreed, to the extent corresponding to the purpose pursued by Schaeffler.
3.3
Software is only provided free of charge in machine-readable form. There is no entitlement to hand over the source code. Insofar as any license conditions of open source software take precedence over these Terms of Use and prescribe the hand over of the source code, Schaeffler shall make the source code available against reimbursement of costs.
3.4
Unless otherwise permitted by mandatory legal provisions, the user may not modify, reverse engineer or reverse translate the software or its documentation, nor may it remove parts of it.
3.5
The information, software, services and documentation are protected by applicable copyright laws and other intellectual property laws. The user shall observe these rights and in particular shall not remove alphanumeric identifiers, trademarks and copyright notices from the information, software, documentation or copies thereof.
3.6
The applicable provisions of the relevant copyright laws on the protection of software shall otherwise remain unaffected.
4. Intellectual Property
4.1
Notwithstanding the special provisions in Section 3 of these Terms of Use, information, trademarks and other content from the Schaeffler Website may not be modified, copied, reproduced, sold, rented, used, supplemented or otherwise exploited without the prior written consent of Schaeffler.
4.2
Apart from the rights of use or other rights expressly granted herein, the user shall not be granted any further rights of any kind whatsoever, in particular to the company name and to intellectual property rights such as patents, utility models or trademarks, nor shall Schaeffler be under any obligation to grant such rights.
5. Registration and Use with Protected Sites
5.1
The Schaeffler Website and/or individual areas of the Schaeffler Website may be password-protected (see also Section 1.2). If this is the case, an active Schaeffler Medias Business or Plus account of the user is required. For reasons of business security, access to the password-protected area of the Schaeffler Website is only possible for registered users in the Schaeffler Medias portal. Registration is only possible for users (i) who are employed by companies that are customers of Schaeffler, (ii) who are employed by companies that are customers of sales partners who are both indirect customers of Schaeffler through the use of Schaeffler product solutions or technologies and who have been authorized by their sales partner to create or have created a user account. The registration for customers of sales partners can be carried out either by the user itself or via the sales partner by using any forms, provided that the legal framework conditions are complied with. In both cases mentioned in the previous sentence, the user must inform the responsible sales partner of the successful registration.
The user is not entitled to access the system.
In addition to password-protected areas, the user can view all training descriptions, filters and learning paths free of charge in the so-called "guest mode", i.e. in the open area of the Schaeffler Website. If specific date inquiries or the consumption of training content are involved, access to the password-protected area of the Schaeffler Website is required. In particular, Schaeffler reserves the right to make previously freely accessible areas of the Schaeffler Website subject to registration.
Schaeffler is entitled to revoke the access authorization at any time without giving reasons by blocking the access data, in particular if the user
· has provided false data when registering,
· has violated the Terms and Conditions of Use or its duty of care in handling the access data,
· has violated any applicable law in accessing or using the Schaeffler Website,
· has not paid participation fees for a booked training course in full and/or on time despite a reminder, or
· was an inactive user of the Schaeffler Website for a period of more than 24 months.
Schaeffler reserves the right to take further legal action against the user.
Furthermore, Schaeffler may revoke and/or deny access authorization for users as customers of sales partners at any time by blocking access to the system for export control reasons, see also Section 10 of these Terms of Use.
5.2
If a registration is accepted, the user is obliged to provide truthful information and must notify Schaeffler of any changes without delay.
5.3
The user name for the learning management system corresponds to the e-mail address used in the Schaeffler Medias registration process. During the registration process, the user must enter a secure and individual password in accordance with the Schaeffler security standards. In addition, it is necessary for the registration to actively confirm the terms of use stored in the Schaeffler Medias user settings and the checkbox for the application for registration. Profile data relevant to the learning management system can only be managed in the user settings on the Schaeffler Medias portal. The user data enables the user to view its data, to change this data or to revoke or extend any consent given to data processing. In case of several users of the same Schaeffler customer, mass registration is also possible, in which all relevant fields are queried in advance via a form and are transferred to the central system of Schaeffler. The customer is responsible for lawfully collecting the relevant data and lawfully transmitting it to us. In case of mass registration, the user will be asked for a password change when logging into the Schaeffler Medias portal for the first time. In any case, the user must click on the Schaeffler training campus link on the Schaeffler Medias system either for self-registration or for mass registration via the form in order to properly transfer the user profile from the Schaeffler Medias portal to the learning management system. If the user is not a Schaeffler employee, an export control check is then carried out at personal level, whereby the access request is either granted or rejected. In both cases, the user receives an automatically generated email with further information on the status of the application.
5.4
The user shall ensure that the user data is not made accessible to third parties and shall be liable for all orders and other activities carried out under the user data. The password-protected area must be exited after each use. If the user becomes aware that third parties are misusing the user data, it is obliged to inform Schaeffler immediately in writing, if necessary in advance by simple e-mail. Upon receipt of the notification, Schaeffler shall block access to the password-protected area with this user data. The block can only be lifted following a separate request by the user to Schaeffler. The password can also be changed by the user at any time in the Schaeffler Media user settings.
5.5
The user may request the deletion of its registration in writing at any time, provided that the deletion does not conflict with the processing of ongoing contractual relationships. In this case, Schaeffler shall delete all user data and all other stored personal data of the user as soon as they are no longer required.
6. References and Links
The Schaeffler Website may contain references and links (hyperlinks) to third-party websites. Schaeffler accepts no responsibility for the content of these websites, nor does Schaeffler adopt these websites and their content as its own, as Schaeffler does not control the linked information from third parties and is not responsible for the content and information provided there. The use of the linked websites is at the user's own risk. Schaeffler hereby disclaims all warranties, including any express or implied warranties, statutory or otherwise, regardless of the legal basis, including any warranties of merchantability, non-infringement and suitability for a particular purpose.
7. Fee-based Training Courses, Booking
Free and fee-based training courses are offered on the Schaeffler Website. A corresponding service contract between the respective Schaeffler country organization offering the training and the user is only concluded when the user has submitted a booking request via the Schaeffler Website and Schaeffler or the Schaeffler country organization has accepted this request by means of a booking confirmation. Training courses can only be requested, but not booked, on this Schaeffler Website. The customary Schaeffler offer process shall apply to a specific booking of the training, which ends with an order confirmation to the customer. Any further payment and booking conditions made available as part of the booking process shall apply. The user shall treat its account-specific price information confidentially. Schaeffler or the Schaeffler country organization offering the training shall be entitled to offer the training by engaging sub-service providers. Schaeffler or the Schaeffler country organization offering the training may make participation in a booked training course dependent on payment in advance and/or immediate payment.
8. Exclusion of Liability for Defects of Title and Material, Viruses
This Section does not govern Schaeffler's liability in connection with services in the form of training made available to the user via the system. Liability for training shall be governed exclusively by the "General Terms and Conditions (Sales)" in its current version, which include all regulations for the provision of services by Schaeffler to companies, traders and/or legal entities that are direct customers of Schaeffler.
With regard to the customers of the sales partner as users of the system, only the sales partner as the contractual partner of its customer assumes liability for the information, software, training and services on the basis of the separate contract concluded between the sales partner and its customer. All claims of the customer of the sales partner in connection with the services must therefore be asserted by the customer of the sales partner against the sales partner. Liability of Schaeffler is excluded.
8.1
If information, software, services or documentation are provided free of charge, liability for material defects and defects of title in the information, software and documentation, in particular for their correctness, freedom from errors, freedom from third-party intellectual property rights and copyrights, completeness and/or usability - except in the case of intent or fraudulent intent - is excluded.
8.2
The information on the Schaeffler Website may contain specifications or general descriptions of technical possibilities of products, which may not always be available in individual cases (e.g. due to product changes). The desired performance characteristics of the products must therefore be agreed in each individual case at the time of purchase.
8.3
Liability of Schaeffler for material defects and defects of title shall be governed by the provisions of Sections 8.1 and 8.2 of these Terms of Use. Any further liability of Schaeffler shall be excluded unless liability is mandatory (i) under mandatory law (such as the German Product Liability Act), (ii) under product liability laws, (iii) due to intent or gross negligence, (iv) due to injury to life, body or health, (v) due to the assumption of a guarantee of quality, (vi) due to fraudulent concealment of a defect or (vii) due to the breach of material contractual obligations. Damages for breach of material contractual obligations shall, however, be limited to the foreseeable damage typical of the contract, except in cases of intent or gross negligence.
8.4
Schaeffler endeavors to keep the Schaeffler Website free of viruses, however, Schaeffler cannot guarantee that it is virus-free. Before downloading information, software and documentation, the user is obliged to ensure that appropriate security measures and virus scanners are in place for its own protection and to prevent viruses on the Schaeffler Website. The user is obliged to set up adequate procedures and checking mechanisms that meet the user's requirements with regard to anti-virus protection, the accuracy of data input and output and the reconstruction of lost data outside this Website.
8.5
A reversal of the burden of proof is not implied by the above provisions.
9. Obligations of Use
9.1
The user may not by using the Schaeffler Website:
· cause harm persons, especially minors, or violate their personal rights;
· offend common morals with its usage behavior;
· infringe intellectual property rights, copyrights or other proprietary rights;
· transmit content with viruses, so-called Trojan horses or other programming that can damage software;
· enter, save or send hyperlinks or content for which it is not authorized, in particular if these hyperlinks or content violate confidentiality obligations or are illegal;
· distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings about viruses, malware and the like or encourage participation in competitions, snowball systems, chain letters, pyramid schemes and similar campaigns;
· by any other conduct prevent or inhibit anyone else's use of the Website or otherwise harm Schaeffler or the users of this Website or expose them to liability; or
· use the Website in a manner that would disable, overburden, damage, or impair this Website or the use of the Website by any third party, including the ability to use the Website in real time.
9.2
Schaeffler may block access to the Schaeffler Website at any time, in particular if the user breaches its obligations under these Terms of Use.
10. Export Control Regulations
The transfer of information, software and documentation may be subject to applicable export control laws, in particular the laws of the EU or EU Member States or the United States, due to their nature or intended use or end-use. The user confirms that it will comply with the applicable export control regulations.
Requested use of the system by users as customers of sales partners: In connection with a requested use of the system by users as customers of sales partners, Schaeffler will verify, based on the information requested to establish access to the Schaeffler Website, that the provision of services to such user is in compliance with all applicable export control and sanctions laws and regulations of the European Union (EU), the United States of America (US/USA) and other jurisdictions (export control regulations). The user's access to the system and the continued maintenance and provision of access are subject to compliance with the export control regulations. In the event of non-compliance, Schaeffler shall in particular be entitled to refuse, withhold and/or discontinue the installation and/or maintenance of access without any liability to the user.
11. Protection of Personal Data
When collecting, using and processing the user's personal data, Schaeffler observes the applicable data protection regulations, which can be viewed on the Schaeffler Website.
12 Side Agreements, Place of Jurisdiction, Applicable Law
12.1
Side agreements to these Terms of Use, including amendments to this clause, must be made in writing.
12.2
The place of jurisdiction is the registered seat of Schaeffler Technologies AG & Co KG.
12.3
Schaeffler operates and is responsible for the individual pages of the Schaeffler Website. The pages take into account the requirements of the respective country in which Schaeffler Technologies AG & Co. KG has its registered seat. Schaeffler accepts no responsibility for the possibility that information, software and/or documentation from the Schaeffler Website may be accessed or downloaded from locations outside the country concerned. If users access the Schaeffler Website from locations outside the country concerned, they are solely responsible for compliance with the relevant regulations under the respective national law. Access to information, software, services and/or documentation on the Schaeffler Website from countries where such access is unlawful is not permitted. In this case and if the user wishes to enter into business relations with Schaeffler, the user should contact Schaeffler representatives in the respective country.
12.4
These Terms of Use as well as the use of the Website are governed by the laws of the registered seat of Schaeffler Technologies AG & Co KG.
Version 01, 04.12.2023