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GENERAL TERMS OF USE for the student portal STUDENTS.CADFEM.NET

Version: 04/01/2022

Welcome to students.cadfem.net, the portal of CADFEM Germany GmbH for students interested in numerical simulation (hereinafter referred to as "portal").

As part of the CADFEM Group, CADFEM Germany GmbH is a leading provider of products and services in the field of application of numerical simulation in product development.

The following general terms of use (hereinafter referred to as "TOU") apply to the use of the portal, and the free training provided through it. The TOU are updated on an ongoing basis. They also apply without express consent in the respective latest version.

Information on the data collected by CADFEM Germany GmbH in the context of the use of the portal is provided in the privacy policy of the CADFEM Group.

1. CONTENT

The portal includes both free content and content that is only accessible after registration.

The content, which requires registration involves free training in technical skills. See No. 4 of these TOU.

In the course of registration and the provision of content, a check is carried out to determine whether the transfer of this know-how is unobjectionable with regard to export control regulations. See No. 5 of these TOU.


2. PROVIDERS

The portal is provided by CADFEM Germany GmbH, Am Schammacher Feld 37, 85567 Grafing bei München, Germany, T +49 (0)8092-7005-0, F +49 (0)8092-7005-77, info@cadfem.de (hereinafter referred to as "CADFEM").


3. USERS

The portal is aimed exclusively at persons residing in Germany, Austria, Liechtenstein and Switzerland who are enrolled into universities located in these countries (hereinafter referred to as "students").


4. CONTENT REQUIRING REGISTRATION

The portal includes an online store, which students can use to initiate and conclude contracts for free continuing education. The prerequisite for the use of this online store is the registration of the student for a user account (hereinafter referred to as the "CADFEM student myAccount").

The following conditions apply to

  • the registration and use of the CADFEM student myAccount,
  • the conclusion of contracts through the account, and
  • the implementation of these contracts.

a) Registration

The registration for the user account "CADFEM student myAccount" is a prerequisite for the use of the online store, which is part of the portal and also for the access to free training offered through the portal. 

To register for the CADFEM student myAccount, the student selects the "My Account" link on students.cadfem.net and selects the "Register" link on the menu that opens. The form that opens must be completed by the student, using their email address with the domain name of the university where they are enrolled. Next, the student has to choose a password, agree to these TOU, and click on the link "Create account".  

CADFEM will then immediately confirm receipt of the student's registration request by email. CADFEM will then check whether the establishment of a contractual relationship with the student is unobjectionable with regard to export control regulations. If the checks are satisfactory, CADFEM will then send the student a registration link by email.

As soon as the student confirms the receipt of the registration link and their email address, they will be registered for the CADFEM student myAccount (double opt-in). The student will now be able to log into the CADFEM student myAccount at students.cadfem.net by clicking on the links "My account" and "Log into the store" and entering the email address and the password of their choice, they specified during registration and use the online store.


b) Ordering process

Registered students logged into the CADFEM student myAccount have the option to select, order and use free training in the online store.

The presentation of the offers in the online store does not constitute a legally binding offer by CADFEM, but rather an invitation to the student to submit an offer. If the student wishes to make such an offer, they can place the desired product in the shopping cart without obligation by clicking on the "Add to cart" button. Offers in the shopping cart can be viewed at any time by clicking on the shopping cart icon in the online store and can also be removed from the shopping cart there.

If the student wants to make a binding offer by placing products in the shopping cart, they must first click on the "Checkout" button. Next, the delivery address and the order overview are displayed. When the student clicks on the "Next" button, the delivery address, shipping method, and the address of the student's university are displayed. In addition, the order overview is displayed, where the student can check the entries again.

By clicking the "Buy now" button, the student makes a binding offer to receive the products in the shopping cart free of charge. However, the offer can only be submitted if the student
  • uploads a certificate of enrollment from a university located in Germany, Austria, Liechtenstein or Switzerland demonstrating that they are currently enrolled into this university when ordering for the first time,
  • confirms that they have read and agree to these GTC by ticking the box above the "Buy Now" button - and
  • by ticking the box above the "Buy Now" button confirms not to be a national or permanent resident of a US embargoed country or of an arms embargoed country within the meaning of Article 4 (2) of Regulation (EC) No. 428/2009.

As a result of the inclusion of these TOU in the contracts initiated and concluded between students and CADFEM in the context of the use of CADFEM student myAccount, these TOU will apply to these contracts.

The contract text of the order data will be stored on CADFEM's internal system. Immediately after sending the order, CADFEM will send an email to the address provided by the student confirming the receipt of the order and containing the order data. The TOU can be viewed and printed out at any time on the web service pages students.cadfem.net .

CADFEM will also send the order confirmation by email. The order confirmation email will be sent after the verification process concerning, in particular, the enrollment certificate uploaded by the student has been completed. The contract will be concluded upon receipt of the order confirmation email.

The online store allows the student to identify and correct input errors before placing an order. Corrections can be made at any time before the order is completed. To cancel the order, it is sufficient to close the browser window or to go to another page of the online store.

Completed orders can be viewed by the student at students.cadfem.net in the CADFEM student myAccount.

The languages available for the conclusion of the contract are German and English.


c) Obligations of students

Students are required to submit accurate data during the registration process. If this data changes (including loss of student status), students shall promptly correct the data in their profile in CADFEM student myAccount, or inform CADFEM that they are no longer an enrolled student. If incorrect information is provided by the student during registration or if a later correction or information is omitted, CADFEM will be entitled to exclude the student from any further use of the CADFEM student myAccount and the online store.

The CADFEM student MyAccount can only be used by registered students. Personal access data (such as user ID and password) may not be disclosed to third parties and must be kept protected from access by third parties. If there is reason to suspect that third parties have gained knowledge of the access data, the student must notify CADFEM without delay.

The student is obliged to log out properly after visiting the online store, i.e. by clicking the "Logout" button. The student shall be liable for any misuse resulting from unauthorized use of the access data.

CADFEM has the right at any time to exclude the student from further use of the CADFEM student myAccount in the event of violations of these TOU or misuse of the CADFEM student myAccount. In this case, CADFEM is entitled to temporarily or permanently block and/or delete the student's CADFEM student myAccount.


d) Obligations of CADFEM

CADFEM shall provide the student with the CADFEM student myAccount for the duration of the student's demonstrable enrollment into a university, which will allow the student to take advantage of the offers made in the online store. The service provided by CADFEM shall include the administration of the user data and the facilitation of the initiation and conclusion as well as, if applicable, the implementation of the contracts requested by the students regarding the offers of CADFEM in the online store.


e) Costs

The use of the CADFEM student myAccount is free of charge. The CADFEM student myAccount makes it possible to initiate and conclude contracts for free services. The use of the online store and the training offered through it requires a functioning always-on internet connection with sufficient bandwidth as well as a web browser. The availability and functioning of the internet connection and the web browser shall be the sole responsibility of the student.


f) Termination, amendments

CADFEM and the student can terminate the use of the CADFEM student myAccount at any time without notice.

The student also has the right to request erasure of the CADFEM student myAccount at any time.

CADFEM reserves the right to amend No. 4 of the TOU in a manner that is reasonable for the student and only with effect for the future, insofar as this is necessary to adapt to changes in the legal or technical framework conditions or to expand or supplement the scope of services.


g) Training offers

aa) Types of training

The free training can be offered in the form of e-learning and/or webinars.

E-learning makes it possible for students to continue their education whenever and wherever they want. To access e-learning content, CADFEM provides the student with access to the CADFEM learning platform. The scope of services to be provided by CADFEM only includes the availability of the learning content on the learning platform to be accessed by students online. Students, therefore, need their own internet access to use the service.

Webinars are free live events conducted online. The content, instructors, duration and dates of these events will be specified by CADFEM, and the relevant information will be provided on the portal.

bb) Service content

CADFEM provides students with the opportunity to become familiar with the contractual content as part of the continuing education program. CAFDEM does not promise any specific learning outcome.


cc) Unilateral contract adjustment

CADFEM is entitled to replace contractually envisaged instructors with other persons who are at least equally qualified and to make some minor changes to the content of the training (including e-learning content) compared to what was contractually envisaged, in particular, to adapt it to new developments.


dd) Withdrawal and cancellation by CADFEM

CADFEM has the right to cancel live events if one of the contracted speakers is prevented from holding the event, and the provision of a suitable replacement speaker is impossible or unreasonable for CADFEM. CADFEM shall cancel immediately upon becoming aware of the reason for the impediment. Permissible cancellations by CADFEM constitute a withdrawal from the contract. In this case, CADFEM will not be obliged to reimburse the student for futile expenses.


ee) Rights of use & copyright

Training materials are protected by copyright and are only available in the context of participation in a training course. CADFEM grants students a non-exclusive right to use the training materials to the extent necessary to achieve the contractual purpose. In particular, training materials may only be reproduced for students' internal use.

Any software provided by CADFEM to students as part of the training program is for learning purposes only.

Students will be granted the non-exclusive, non-transferable and time-limited right to online use of the learning content provided as part of e-learning offers, limited to one natural person. The student is, therefore, not entitled to make the learning content available to third parties. In particular, they are not entitled to pass on the access data to the learning platform to third parties.


5. EXPORT CONTROL REGULATIONS

Some of the content of the portal is subject to national and international export control regulations. In addition to the national and supranational law applicable to the respective countries, CADFEM is required to comply with the laws of the United States of America, as it also sells products from manufacturers from this country.

CADFEM reserves the right not to enter into business relationships with students who violate export control regulations. All offers submitted through the portal are, therefore, non-binding.

During registration to use the free training services, CADFEM checks whether a contractual relationship with the registering student violates export control regulations. If this is the case, the student's registration will be rejected. These and other precautions taken as part of CADFEM's internal compliance program ensure that CADFEM does not provide services in violation of export control regulations.


6. INTELLECTUAL PROPERTY AND TRADEMARKS

a) Intellectual property

The content of the portal is protected by copyright and trademarks owned by CADFEM. Within the limits set by copyright, the content may be used for private and educational purposes. However, the content may not be changed and references to the copyright of this content may not be removed. Any further use requires the prior consent of CADFEM. In particular, the publication and commercial use of the content is not permitted without this consent.

b) Trademarks

All product names mentioned on the portal are trademarks or registered trademarks of their respective owners. The absence of the relevant marking may not be construed as indication that a designation is a free trade name.


7. LIABILITY AND LIMITATION OF LIABILITY

CADFEM is responsible for the content of the portal, see No. 2 of these TOU.

Despite taking all reasonable care, CADFEM cannot guarantee the availability, correctness and accuracy of the information provided on the portal. CADFEM, therefore, cannot accept any responsibility for decisions made by students solely on the basis of this information.

CADFEM shall be liable, on whatever legal basis, only,
  • if CADFEM, its legal representatives or vicarious agents acted with intent or gross negligence,
  • in cases of culpable injury to life, body or health,
  • in cases of culpable violation of material contractual obligations,
  • in cases of defects that have been maliciously concealed or the absence of which has been guaranteed, or
  • in cases of liability for damage to privately used objects or personal injury under the German Product Liability Act.

Material contractual obligations are obligations which are essential for the proper performance of the contract and the fulfillment of which the contractual partner routinely relies upon or may routinely rely upon.

In the event of a negligent breach of material contractual obligations (excluding intent and gross negligence), CADFEM's liability shall be limited to contractually typical, reasonably foreseeable damage.

CADFEM will not be liable for any further claims for damages.


8. FINAL PROVISIONS

Any disputes arising from contractual obligations to which these TOU apply shall be governed solely by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions of private international law.

If any provision of these TOU is or becomes invalid, the validity of the remaining provisions will not be affected or impaired thereby. The relevant statutory provisions shall apply in place of the invalid provisions.