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Terms and Conditions for the use of SkillDisplay

As of: May 23, 2018

These terms and conditions (GTC) apply to all users of SkillDisplay and the related applications.

With the registration of the user, a contractual relationship is established between him/her and the association Business Angels - Verein zur Förderung von Projekten in der Berufsausbildung (operator of SkillDisplay and hereinafter referred to as Business Angels) based in Vienna.

1 General

1.1 Current version

The current version of the GTC is available at https://www.skilldisplay.eu/gtc/ .

1.2 Differing agreements

Agreements that deviate from or supplement these terms and conditions must be in writing in order to be valid.

1.3 Changes to the Terms

SkillDisplay can change the terms and conditions at any time, these changes are also effective for existing contracts. Each user has the right to object to the change of the GTC within four weeks of receipt of the notification of the change. If he/she does not do so, the changed terms and conditions are accepted.

2 Service description

2.1 Services for users

SkillDisplay provides users with access to a platform for Learning Paths from various subject areas (hereinafter referred to as the "Platform") and enables users to obtain knowledge, skills and abilities by completing a SkillPath, or individual modules (Skills") online. The registration and use is basically free and for available for everyone.

2.2 Services for partners

Furthermore, SkillDisplay provides selected partners with technical possibilities to confirm their knowledge, skills and abilities for individual skills or SkillPaths for which they are responsible. In addition, partners have the opportunity to provide links and other information online to users. The scope of these options is governed by contracts between SkillDisplay and its partners.

2.3 Delimitation of services provided

SkillDisplay itself, with the exception of a few skills that affect the platform itself, does not provide any acknowledgments of knowledge, skills and abilities.

2.4 Specifications "Certified"

Certified skills represent skills and abilities that are demonstrated by the acquisition of recognized industry certificates, state examinations, and other third-party evidence of a particular qualification within a particular industry. Proof of the skill is provided by the user by submitting a corresponding confirmation from the certification authority and registered by the partner.

2.5 Service Description "Business Verified"

Business-verified skills represent skills and abilities acquired through the positive completion of a specific assignment as part of teaching at an educational institution or training event. Proof of the skill is provided by the user by presenting a corresponding confirmation of the educational institution or training event and registered by the partner. This type of proof is only possible for members of the respective educational institution or participants of the training event, unless otherwise agreed.

2.6 Specifications "Self-verified"

Self-verified skills are self-taught skills and abilities. Proof of the skill is provided and registered by the user.

2.7 Service Description "Business Verified"

"Business verified" skills are skills and abilities acquired through working in partnership with a partner organization or partner company. Proof of the skill is provided by the user by presenting a corresponding confirmation of the company and registered by the partner. This type of proof is only available to users who work with the relevant partner organization or partner company, unless otherwise agreed.

3 Contents

3.1 due diligence

Business Angels has created the content on SkillDisplay with the utmost care. For up-to-dateness, correctness and completeness of these contents however Business Angels can not guarantee.

3.2 Content monitoring

Business Angels is under no obligation to monitor any information stored, transmitted or made available by SkillDisplay or to verify that it is unlawful. Business Angels is obliged, however, to comply with the request of courts or authorities for the transmission of such information within the scope of legal information and cooperation obligations.

3.3 Handling content

Business Angels reserves the right to alter, supplement, delete or temporarily or permanently suspend any content that infringes applicable law, morals, custom or contractual obligations without notice.

3.4 Review of content by users

The user is obliged to regularly check the contents provided by him/her, whether they do not violate morality or custom, applicable law or the rights of third parties - in particular personality or copyright - and remove them if necessary or to report this Business Angels ,

4 Liability and responsibility of SkillDisplay

4.1 Responsibility for content

Business Angels is not responsible for user-provided information or the provision of access thereto, unless Business Angels initiates the transfer, does not select the recipient of the transferred persons and neither selects nor modifies the submitted information.

This also includes the automatic temporary caching of the transmitted information, as long as this caching serves only to carry out the transmission in the communication network and the information is stored no longer than is usually required for the transmission.

Business Angels is not responsible for the temporary caching of information entered by a user that it transmits in a communication network that only serves to streamline the delivery of information, provided that business angels

  •     does not change the information,
  •     observes the conditions for access to information,
  •     complies with the rules for updating the information,
  •     does not affect the permissible use of technologies for the collection of data on the use of information,

and instantly removes or blocks access to information stored by SkillDisplay as soon as Business Angels is notified of a blocking or removal order.

4.2 Liability

If SkillDisplay stores information entered by a user, Business Angels is not responsible for the information stored on behalf of the user. A liability obligation is only considered

  • if business angels are aware of unlawful activities or information
  • and it is technically possible and reasonable for business angels to prevent the storage in case of illegal activities or information.

Business Angels will promptly remove such information as soon as knowledge / awareness is obtained.

4.3 References (hyperlinks)

In the case of direct or indirect references to third-party websites that are beyond the scope of SkillDisplay's responsibility, a liability obligation shall only be considered if Business Angels is aware of the content and if it is technically possible and reasonable for Business Angels to use it in the case of illegal content prevent. If Business Angels becomes aware of such references, they will be removed immediately.

Business Angels declares that at the time of linking, no illegal content was detected on the linked pages. Business Angels has no influence on the current and future design, content or authorship of the linked sites.

For illegal, incorrect or incomplete contents and damages, which arise from the use of such information, the provider of the page to which reference has been made is liable.

4.4 Search

If SkillDisplay provides users with a search engine or other electronic means to search for third-party information, Business Angels shall not be responsible for the information requested, unless Business Angels fails to provide the requested information, does not select the recipient of the requested information, and neither queries the requested information selects still changed.

If the person who provided the requested information is under SkillDisplay or is overseen by SkillDisplay, the previous paragraph will be overridden.

5 Liability and responsibility of the user

5.1 Responsibility

The user is responsible for the contents of his registration and photos.

5.2 Unrestricted use

Only users with a verified e-mail address can use SkillDisplay without restriction.

5.3 Reading foreign information

The user is not allowed to (systematically) read contents or information of other users.

5.4 Disclaimer

The User agrees to indemnify and hold Business Angels free from any damages, claims, claims, etc. for libel, insult, personal or intellectual property infringement, loss of service to others Users, if a violation of these terms and conditions or other rights arise.

5.5 Abusive use

Furthermore, the user undertakes not to misuse the services on SkillDisplay, in particular:

  • not to distribute immoral, obscene, pornographic or right / left radical, violent content or photos
  • not to spread any defamatory, offensive or unlawful material or information about it
  • not to threaten, harass or otherwise violate any other person's rights
  • not to upload data containing viruses
  • not to upload any data that is protected by copyright (unless he/she owns the copyrights or has the corresponding consent)
  • not to provide false personal or address information
  • not to use the Website in any way that adversely affects the availability of offers to other users
  • not to intercept or attempt to retrieve any information (emails, messages, etc.)
  • not to send chain letters, unlawful structure sales or the like
  • not to generate traffic by unauthorized means (denial of service, or similar).

5.6 Non-compliance

Failure to comply with the above mentioned conduct obligations may lead to the following sanctions:

  • invitation to submit comments
  • warning
  • restriction of use
  • deletion of content
  • blocking of use

In addition, SkillDisplay reserves the right to take legal action.

6 Copyright

6.1 Responsibility for content

Users are responsible for checking any rights of third parties to the content they have posted themselves and are solely responsible for any violation of such rights.

6.2 Usage rights

The user transfers to Business Angels all rights required for the use of SkillDisplay, in particular the right for duplication, distribution, transmission, processing, removal from a database for retrieval and in terms of time, location and content to the extent necessary. The aforementioned rights entitle us for all means of technical methods and all known forms of online media.

All content, information, logos, images, designs, layout, applications, sound documents, video sequences, descriptions, illustrations and graphics, etc. remain - including the associated rights - in the property of the respective owner. The user does not receive any kind of use or exploitation rights. The modification, distribution, duplication, publication and distribution to third parties is not permitted.

All brands and trademarks mentioned within SkillDisplay and possibly protected by third parties are subject without restriction to the provisions of the respective protection law and are the property of their respective owners. Business Angels is not liable to the user for the fact that the data and contents transmitted or provided by him are free from third-party rights. The user indemnifies and holds Business Angels harmless.

6.3 Bypassing of safety devices

If the software offered by Business Angels or the image, music, video files or the like are provided with technical protection devices, it is not permitted to bypass these devices.

7 Warranty and damages

7.1 Disclaimer

Business Angels can not be held liable for any loss of performance not attributable to its sphere, in particular technical breakdowns, force majeure or strike.

7.2 Claims for damages

Claims for damages against Business Angels resulting from the use of SkillDisplay or arising in connection with legal transactions are excluded, unless the damage to a person or Business Angels or a person for whom Business Angels is responsible, the damage intentionally or grossly negligent.

8 Privacy

The privacy policy of SkillDisplay is available at https://www.skilldisplay.eu/data-protection-declaration.

9 Termination of the contractual relationship

The user has the right at any time to terminate the contract for his use of SkillDisplay with immediate effect. The termination takes place by deleting one's own user account.

Business Angels may terminate the contract at any time for good cause without notice. An important reason lies in each not only insignificant breach of duty of the user, especially in a breach of these terms and conditions. Legal termination rights remain unaffected.

The contract ends automatically when Business Angels discontinues the SkillDisplay platform.

In the event that Business Angels sells SkillDisplay or parts of it to a third party, the User will release Business Angels from its contractual obligations. In this case, the user agrees to a transfer of the contractual obligations to the third party.

10 Salavatory clause

Should individual provisions of this agreement be ineffective or impracticable or become ineffective or unenforceable after conclusion of the contract, the validity of the contract remains unaffected. The invalid or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come closest to the objective pursued by the contracting parties with the ineffective or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.

11 Jurisdiction, choice of law, place of performance

All legal disputes arising from this contract shall be governed by Austrian law.

Domestic jurisdiction is agreed. For the resolution of all disputes arising from this contract, the competent court at the headquarters of SkillDisplay has exclusive local jurisdiction.

Place of fulfillment is the seat of Business Angels (Vienna).