Terms of use

CONDITIONS OF USE - LÜBBERING DIGITAL


Welcome to LÜBBERING DIGITAL!

We kindly ask you to read the following Conditions of Use for Services offered as part of LÜBBERING DIGITAL with care. The Conditions of Use apply to every user1 of these Services.

In order to register and use LÜBBERING DIGITAL, you need to agree to the validity of the Conditions of Use. You grant your consent by placing the appropriate check mark at the end of the registration process. Registration and use of the Services is not possible without your consent.

The provider of LÜBBERING DIGITAL is:

Johannes Lübbering GmbH
Industriestraße 4
33442 Herzebrock-Clarholz
Telephone: +49 (0) 5245 - 8309 0
Managing Director: Achim Lübbering, Tobias Tönnies
Court of registration: Gütersloh District Court
Register number: HRB 5832

The provider reserves the right to change the information and services of LÜBBERING DIGITAL at any time without prior notice, to delete such information and services in part or in full, or to supplement such services and information.

§ 1 Scope of application

  1. The following conditions apply to use of the Services offered as part of LÜBBERING DIGITAL (hereinafter referred to as "Services” or “Service”).

    The following Services are included at present:
    • Configurator and Quick Finder:

      Configurator and Quick Finder are aimed at customers and prospective customers. It is possible to configure complete fastening systems and carry out a quick search as a means of checking whether a standard geared offset head or angle head can be used for the respective application.

    • My Toolbox:

      My Toolbox is aimed exclusively at (end) customers who are actually using the provider’s fastening systems (products). Users (e.g. planners, maintenance staff, etc.) can register products, which are currently in use, in My Toolbox. This grants them access to technical product data as well as further information about maintenance and product use. In addition, users receive assistance in relation to the procurement of spare parts and they can clearly organise products that are currently in use.

    • Lübbering Academy:

      The Lübbering Academy is primarily aimed at the end users of Lübbering fastening tools and at the persons responsible for system maintenance. Users can find out about suitable training opportunities, manage and arrange training, as well as access product videos and digital training materials.

  2. User acceptance of the conditions stated below is a prerequisite for using the Services.

  3. By using the Services, the user agrees to the validity of these Conditions of Use. By agreeing, the user guarantees that he will not act in any way that breaches these Conditions of Use.

§ 2 Registration / User account

  1. The user is required to register once and create a personal user account in order to use the Services. Registration is initially for one of the stated Services. After registering successfully, the user is able to activate himself for further Services.

  2. The provider reserves the right to refuse to activate a Service for a user at the provider’s own discretion or to withdraw access at a subsequent point in time. This may, in particular, be the case if there is reason to suspect that use of the Service by the specific user could be contrary to the purpose of the Service.

  3. Registration is only permitted in connection with the user’s business activities. Registration as a consumer is not permitted in accordance with § 13 BGB (German Civil Code).

  4. The user is obligated to provide accurate personal data. Furthermore, the user is obligated to keep his personal data up-to-data.

  5. The user is responsible for ensuring the confidentiality of his account, password and for restricting access to his computer and mobile devices. Insofar as permissible under the applicable law, the user agrees to be responsible for all activities performed via his account. The user is obligated to ensure that his password is kept secret and secure. Furthermore, he is to notify the provider immediately if there is any concern that a third party has gained knowledge of the user's password or if such an occurrence is to be suspected. The user is to ensure that the information provided by him is correct and complete and that the provider is notified immediately in the event of any changes. The user can view and update the information provided in his user account at any time.

  6. The user can subsequently change his user name and password at any time.

  7. The user must not act in any way that is likely to disrupt, damage or otherwise impair the Services or access to the Services.

  8. The user can delete his account at any time by clicking on the relevant button in his user account. This then initiates the deletion of the user account. The user, including the personal data he has provided, is then deleted by the provider. The user is notified as soon as his user account has been successfully deleted.

  9. Insofar as the user has registered products as part of the "My Toolbox" Service and shared them with at least one other user via the Team function, the provider is entitled to assign the registered products to another user of the Team in question, provided that said user agrees and has the required authorisation (cf. § 4(2)).

§ 3 Availability of the Services

  1. The provider endeavours to provide the Services 7 days a week, 24 hours a day. However, the user does not have any right to uninterrupted availability of the Services. Particularly due to necessary and routine maintenance work, however, availability may be interrupted. Furthermore, causes outside the provider’s control may restrict availability.

  2. The provider expressly references the fact that, for technical reasons, it is not possible to provide the Services without errors at all times. Consequently, the provider excludes any responsibility in this regard.

  3. The provider reserves the right to temporarily or permanently deactivate the Services at any time, at his own discretion, and without prior notice.

§ 4 General obligations of the user

  1. The user is obligated to provide only accurate and unambiguous data. He is obligated to update the data he has provided, insofar as necessary.

  2. Insofar as the user uses the "My Toolbox" Service, he may only register products via this Service if and insofar as he is authorised to do so by the owner of the system (company). Each system can only be registered for a single user. System data can be shared with other users via the Team function.
    In this regard, the user affirms that he has the appropriate authorisation for system registration. The user is also obligated to notify the provider, immediately, if he no longer works for the company in which the registered system is used, as it can be assumed in such cases that the user no longer has the necessary authorisation. In this event, the provider is entitled, following consultation with the company, to transfer the systems registered by the user to another user of the company, provided that said user agrees.

  3. Insofar as the user uploads images relating to the registered products, the user affirms that no third party rights are breached as a result of such uploads. The images are used solely as part of the Service. The provider will not transfer the images to third parties unless the user expressly agrees to such a transfer.

  4. The user is obligated to refrain from acting in any way that is likely to impair the functionality of the Services and/or the underlying infrastructure. This specifically includes the excessive overloading of such Services and infrastructure.

§ 5 Copyright

  1. The entire content provided as part of the Service (such as texts, drawings, images, videos and databases) is the copyrighted property of the provider or of third parties who have given the provider content for use.

  2. The content may only be used for the intended purpose, unless the provider has agreed, in writing, to a broader use.

  3. The content may not be reproduced in any way, in whole or in part, communicated to the public and/or transferred to third parties without the prior consent of the provider.

§ 6 Liability

  1. The provider always endeavours to ensure that the content and information provided as part of the Services are free of errors. Nevertheless, insofar as permissible by law, the provider does not guarantee the accuracy of the information (see § 6(2)).

  2. The provider is liable without limitation insofar as the cause of damage is based on an intentional or grossly negligent breach of duty on the part of the provider or on the part of a legal representative or vicarious agent of the provider.

  3. Furthermore, the provider is liable for the simple negligent breach of material obligations. Material obligations are obligations, the breach of which jeopardises the achievement of the contractual purpose, or the fulfillment of which makes proper performance of the contract possible in the first place and with which the user may reasonably expect compliance. In such cases, however, liability is limited to the foreseeable damage typical of the contract. In all other cases, liability for simple negligence is excluded.

  4. The aforementioned limitations of liability do not apply in the event of injury to life, limb or health; for a defect after acceptance of a guarantee for the quality of the product, or in the event of fraudulently concealed defects. Liability as per the German Product Liability Act remains unaffected.

  5. Insofar as the liability of the provider is excluded or limited in accordance with the aforementioned provisions, such an exclusion or limitation also applies in relation to the personal liability of employees, representatives and vicarious agents of the provider.

§ 7 Data protection

  1. In the course of creating the user account, the provider collects personal data of the user. The data provided by the user is stored in the provider's user database. Data collection is necessary for enabling provision of services as part of the Services.

  2. The provider will not transfer the data to third parties under any circumstances, unless the user has consented to such a transfer in advance.

  3. Further information about data protection can be found in the provider's privacy statement: www.luebbering.de/datenschutz.

§ 8 Place of jurisdiction and applicable law

Bielefeld is the place of jurisdiction. German law applies exclusively.

§ 9 Final provisions

  1. The provider reserves the right to make changes to the Services and Conditions, including these Conditions of Use, at any time and at his own discretion.

  2. Should individual provisions of these Conditions of Use be ineffective, this does not affect the other provisions of the contract. In such cases, the parties are obligated to replace the ineffective provision with a provision that comes closest to the intended purpose.

© 2019 - LÜBBERING DIGITAL