Version: December 2023
These conditions of use apply to the use of the Bosch Tools Academy (hereinafter "BTA of Robert Bosch Power Tools GmbH, Max-Lang-Straße 40-46, 70771 Leinfelden-Echterdingen (hereinafter: "Bosch"), which you can call up via the website www.bosch-tools-academy.com ").
1.1. The BTA offers customers the opportunity to book online and face-to-face training courses (hereinafter referred to as "training courses") and online training modules (hereinafter referred to as "WBT"). The use of the BTA is subject exclusively to these Terms of Use, unless expressly agreed otherwise in writing. The general terms and conditions of the customer shall not become part of the contract even if they are not expressly contradicted.
1.2. The training courses and WBT offered by Bosch via the BTA are orientated exclusively at entrepreneurs. For the purposes of these terms and conditions of training, an "Entrepreneur" is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract (§ 14 para. 1 BGB).
1.3. Our separate terms and conditions of training apply to participation in training courses.
2.1. Access to the training courses offered on the BTA and registration for training courses and WBTs requires registration in accordance with numbers 2.2 - 2.7 below.
2.2. Registration for BTA takes place via the website of the provider and requires the use of an authentication service (e.g. SingleKey ID, Apple ID, Google account). Separate conditions of use apply for this, which the user must accept separately during registration for the authentication service.
2.3. After entering the login data for the authentication service, the user may be asked to provide additional information, e.g. first name and/or user name ("registration data"). This registration data should be complete and correct. The user is obliged to keep the registration data up to date at all times.
2.4. The customer must provide Bosch with the required data that Bosch needs to open a customer account. The data requested by Bosch during registration must be complete and correct, e.g. name and e-mail address ("registration data"). Mandatory fields are marked with an *.
2.5. By submitting the registration data, the customer submits an offer to conclude a contract of use and open a customer account. Bosch accepts the offer by sending an e-mail confirmation and activating the customer account.
2.6. By registering, the customer authorises Bosch to use the registration data entered to carry out the booked training courses and WBTs as well as any necessary hotel reservations and for creating a training history. This includes, in particular, the transfer of data required for the fulfilment of the contract to third parties. Further details can be found in the data protection declaration.
2.7. The customer is responsible for all actions taken under his/her customer account.
3.1. Registration for a WBT takes place via the BTA. Registration by telephone is not possible.
3.2. The registration must include the name of the participant.
3.3. Within one working day of receipt of the registration at the latest, Bosch will confirm receipt by e-mail and the booking as binding or reject it, stating reasons.
4.1. The registration may be cancelled by the customer at any time prior to confirmation of participation by Bosch in accordance with number 3.3.
4.2. Bosch reserves the right to adapt the content of the WBT to current developments without this giving rise to any right to cancellation of participation.
5.1. By registering in accordance with number 3.1, the customer receives access to the WBT.
5.2. After completion or realisation of the WBT, the customer receives a certificate of participation. All certificates obtained by authorised users are stored on the learning platform for 2 years, unless otherwise stated in the training description.
5.3. The customer is responsible for creating the technical requirements for access to BTA, in particular with regard to the hardware, operating system software and Internet access used. The customer shall bear all costs associated with the fulfilment of these requirements.
5.4. Booked WBTs are generally available 24 hours a day, seven days a week. Bosch reserves the right to take the service offline for a limited period of time for the purposes of maintenance, technical checks and further development, whereby Bosch shall endeavour to schedule any interruptions in availability outside the normal working hours of the customer.
6.1. Bosch shall be liable in accordance with the statutory provisions for damages for personal injury, for damages within the meaning of the Product Liability Act, for damages caused by fraudulent behaviour or intent on the part of Bosch, and for damages caused by gross negligence on the part of Bosch's legal representatives or executive staff members.
6.2. Notwithstanding any liability for damages pursuant to number 6.1, Bosch shall be liable for damages limited to the amount of the foreseeable damage typical for the contract for damages resulting from a slightly negligent breach of material contractual or cardinal obligations as well as for damages caused by gross negligence on the part of vicarious agents of Bosch. Basic obligations are obligations whose fulfilment is essential for the proper implementation of the contract and on whose fulfilment the customer may rely. For liability under this number 6.2, the parties agree - when considering the nature and scope of the services to be provided under this contract - a maximum liability amount per claim of EUR 100,000.00 (maximum EUR 200,000.00 per calendar year). Any further liability on the part of Bosch is excluded, subject to any expressly deviating provisions in these terms and conditions of training.
6.3. Any contributory negligence on the part of the customer must be considered. In particular, the customer is obliged to observe Bosch's safety instructions when handling electrical equipment and tools and to wear protective clothing specified by Bosch.
6.4. The above limitations of liability also apply to the personal liability of Bosch employees, representatives and organs. The above provisions shall also apply to the liability of Bosch with regard to the reimbursement of futile expenses or indemnification obligations.
6.5. The customer shall be fully liable to Bosch for damage to the training computers and loss of data resulting from the unauthorised use of software brought along themselves.
7.1. The customer undertakes to treat information and other materials that are labelled as "confidential" by Bosch or are otherwise to be regarded as confidential (hereinafter: "Confidential Information") as confidential and not to make them accessible to third parties. In order to protect the Confidential Information, the customer shall use the same degree of care (but not less than a reasonable degree) as for its own confidential information of similar relevance.
7.2. The confidentiality obligation pursuant to number 7.1 shall not apply to Confidential Information (a) which was already in the lawful possession of the customer prior to disclosure by Bosch; (b) which is or becomes publicly known without breach of duty by the customer; (c) which the customer has disclosed to Bosch without any obligation to do so. (d) which are disclosed by Bosch to third parties without any obligation of confidentiality; (e) which are developed by the customer itself; (f) which must be disclosed by law; or (g) which are disclosed by the customer with the prior written consent of Bosch.
7.3. Bosch processes personal data of the customer only to the extent necessary for the use of BTA and the provision of training and WBTs as well as the issuing of certificates and any necessary booking measures or as otherwise permitted by law. Information on the processing of personal data can be found in the data protection notice.
8.1. Access to the booked WBT may not be passed on or shared with third parties. In this respect, the customer receives the simple, revocable, non-transferable right to internal use of the booked WBTs and any other materials provided. The customer is not authorised to edit, reproduce, modify, copy or create derivative works from the content of the WBT or any other materials provided.
9.1. The customer and Bosch shall endeavour to resolve any differences of opinion or complaints by mutual agreement in a spirit of partnership.
9.2. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Stuttgart, Germany.
9.3. If loopholes arise in the practical application of this contract which the parties have not provided for, or if the invalidity of a provision is recognised by declaratory judgement or agreed by both parties, they undertake to fill or replace this loophole or invalid provision in an appropriate manner which is objectively oriented to the economic purpose of the contract.