Terms and conditions of use for QUICK-DOKU
Section 1 Preamble
(1) These terms and conditions of use govern the rights and obligations between the supplier/operator ST QUADRAT Fall Protection S.A., hereinafter referred to as “ST QUADRAT”, and all users of the “QUICK-DOKU” online service.
Section 2 Scope
(1) The following terms and conditions of use form the legal framework for the use of the “QUICK-DOKU” online service (domain: http://quick-doku.eu) – hereinafter also referred to as “online service” or “service” – and govern the use of this service.
(2) Users within the meaning of these terms and conditions of use are third parties that use the QUICK-DOKU service in accordance with these terms and conditions of use.
(3) The use of QUICK-DOKU is exclusively permissible on the basis of these terms and conditions of use. By registering for and using the QUICK-DOKU service, the user declares their agreement with these terms and conditions of use.
(4) ST QUADRAT reserves the right to change/adapt these terms and conditions of use unilaterally, giving two weeks’ notice. The user will be informed of the changes by email. The user has the right to object to the changes within a period of two weeks. ST QUADRAT has a special right of termination in case of an objection.
Section 3 Description of the service
(1) In QUICK-DOKU, ST QUADRAT provides the user with an online service in the form of a platform for the maintenance, management, documentation and planning of installed products (in particular of the LUX-TOP® brand) for fall prevention and protection, as well as for open/distance learning and training purposes. The range of functions of the QUICK-DOKU platform is constantly being extended. These general terms and conditions of use also apply in the event of an extension of the range of functions.
(2) ST QUADRAT reserves the right to discontinue the QUICK-DOKU service offering as well as individual functions of QUICK-DOKU for technical or operational reasons. ST QUADRAT will inform the user of the discontinuation of the service at least two months before its coming into force (at least by email).
(3) ST QUADRAT makes every effort to make and keep the QUICK-DOKU service available without interruption as far as possible. However, functional interruptions on the part of ST QUADRAT cannot be ruled out. In such cases, ST QUADRAT makes every effort to restore the functionality as quickly as possible. However, the user has no right of a contractual or other nature to constant availability or trouble-free operation of QUICK-DOKU.
Section 4 Use and costs
(1) The use of QUICK-DOKU is currently free of charge. However, ST QUADRAT reserves the right to offer it as a chargeable service in future. In this case the user will be informed in advance of the respective changes.
(2) The user has no legal right to the use and/or availability of the QUICK-DOKU service. Please refer to section 3 regarding the availability of the platform.
Section 5 Registration, approval and blocking
(1) The use of QUICK-DOKU requires the registration of the user and ST QUADRAT’s consent to the registration and use.
(2) Each user may only register once, and in so doing gives their assurance that they are not yet a registered user of the QUICK-DOKU online service or that no already created account exists or has been deleted.
(3) After full completion of the registration form, and acceptance of these terms and conditions of use, the user receives an email containing an activation link. By opening this activation link, the user confirms the email address that they entered and thus enters into a contract for the use of the service. The registration request is accepted by an authorization confirmation sent by e-mail. Afterwards, the user can log into the platform using their selected user name and password (hereinafter also referred to as “login data”).
(4) ST QUADRAT reserves the right to reject the application for registration, even without giving reasons. The user is obligated to enter their data truthfully and completely when logging in and registering, and also to inform ST QUADRAT without delay of any changes to their data. The user alone is responsible for incorrect information and the resulting consequences.
(5) If the user should discover that their login data is being misused, they must inform ST QUADRAT of this without delay. ST QUADRAT has the right to block this access to QUICK-DOKU in case of misuse or suspected misuse. A block can only be lifted upon the user’s request.
(6) ST QUADRAT has the right to block a user from accessing QUICK-DOKU if there is sufficient reason to suspect that the user is breaching or has breached these terms and conditions of use. The user will be informed thereof immediately by email. The user may prevent this measure or have it lifted by ST Quadrat at his own expense by clearing up any suspicions by presenting adequate evidence.
(7) The user can correct input errors at any time by changing or deleting their entries in the registration form. ST QUADRAT stores the contract text. The user receives the terms and conditions of use applicable at this time as well as the applicable data protection regulations by email.
Section 6 Duties of the user
(1) The user undertakes not to use any technical devices, software or other components that could lead to an impairment of ST QUADRAT’s system. The user may not make changes to the QUICK-DOKU online service himself/herself.
(2) It is incumbent on the user to meet the technical requirements for access to the service. If the programs or other technical components used for operation are changed or developed, the user is responsible for making any necessary adjustments to the hardware and software that they use.
(3) The user is obliged to keep their access data inaccessible to third parties. Disclosure to third parties is not permitted without the express permission of ST QUADRAT. In case of unauthorized disclosure of the data, ST QUADRAT has the right to an extraordinary right of termination.
(4) The applicable installation manual must always be observed when installing products from ST QUADRAT. The values and information stored in QUICK-DOKU are for documentation purposes and do not serve as an installation manual or supplements to it.
(5) In addition to the installation manual, the user must also always adhere to the safety instructions in the applicable installation and user instructions. The installation and user instructions are sent with the ordered products and are available online in the current version for download on the homepage of ST QUADRAT. The user is also obliged to check the ST QUADRAT website regularly for current warnings and product information.
(6) The user is obliged to ensure that personal data of third parties are not saved or only with their consent and in the context of the use of QUICK-DOKU. The user must also ensure that third parties to whom it was agreed that ST QUADRAT would send e-mails via QUICK-DOKU, consent to receive these messages.
(7) The user indemnifies ST QUADRAT and its employees against claims that other users or third parties assert against ST QUADRAT due to an infringement of the user’s obligations arising from Section 6. (1)-(6). This includes the costs of appropriate legal action in the amount of the statutory remuneration and associated expenses. The user must make an appropriate advance payment to ST QUADRAT for this. This does not apply if the user is not responsible for the infringement.
Section 7 User rights, defects in performance & liability
(1) ST QUADRAT grants the user a single and non-transferrable right to use the QUICK-DOKU service. This usage right is limited to the duration of the usage contract and ends with the expiry and / or termination of the usage contract.
(2) ST QUADRAT merely makes the service available to the user and is not liable for disruptions in performance and any direct or indirect damages suffered by the user as a result. Disruptions in performance can occasionally occur due to maintenance work by ST QUADRAT or connection errors.
(3) In case of a failure of the service or part of the service, regardless of the cause, ST QUADRAT accepts no liability and gives no warranty, unless liability is mandatory by law or results from the following provisions of the terms and conditions of use.
(4) ST QUADRAT is liable only in the event of intent and gross negligence, in the event of personal injury and also in the event of slight negligence. This also applies to deputies and employees of ST QUADRAT. The above does not apply in case of breach of obligations which enable the performance of the contract in the first place (major obligations).
(5) ST QUADRAT is not liable for damage to the user’s end devices, third-party damage or indirect damage, such as loss of earnings or loss of profit. Warranty and liability for damages suffered by the user as a result of delays in projects or non-performance or defective performance of ST QUADRAT’s service are expressly excluded.
(6) The creator, i.e. the user of the service, is solely responsible for the installation documentation created with this service. The user is also responsible for the correctness of the data displayed. ST QUADRAT accepts no liability for incorrectly documented data.
(7) ST QUADRAT is not liable for the loss of data and/or programs insofar as the damage is due to the fact that the user has failed to carry out a data backup and thereby ensure that lost data can be restored with reasonable effort.
Section 8 Term of contract / termination
(1) The contract for the use of the service is concluded for an indefinite period of time and can be terminated by either party with a notice period of one week. Written form is sufficient for termination.
(2) The right to an extraordinary termination remains unaffected.
(3) In particular, the user has the right to an extraordinary termination if the use of the service is changed from free to paid use.
(4) In particular, ST QUADRAT is entitled to an extraordinary right of termination if the service is discontinued or if the user uses it in breach of contract.
(5) The contract can also be terminated by ST QUADRAT if the user does not have valid proof of participation in the ST QUADRAT competence and specialist installer training. If such a certificate is not presented within a period set by ST QUADRAT, the latter shall block the user’s access to the service.
(6) With the coming into force of the termination, the user loses the possibility to access objects that have already been created. The user is exclusively responsible for saving this data at regular intervals and before the end of a contractual relationship outside QUICK-DOKU.
Section 9 Legally protected content
(1) The downloading or printing of individual pages and/or sections of QUICK-DOKU for contractual use is permitted. The user has the right to use the installation documentation they have created for commercial purposes and for an unlimited period. However, the reproduction, distribution, transmission (electronic or other) or total or partial modification of the service for public or commercial purposes is prohibited without the prior agreement of ST QUADRAT.
(2) By transmitting content, the user grants ST QUADRAT the right to use this content for the duration of the contract and as part of the provision of the QUICK-DOKU service in accordance with the contract. In particular, ST QUADRAT may store, reproduce, retain and transmit this content.
Section 10 Final provisions and place of jurisdiction
(1) These terms and conditions of use are subject to the laws of the Grand Duchy of Luxembourg of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from or in connection with these terms and conditions of use is the court responsible for our registered office.
(2) Contracts shall preferably be concluded in German.