General Terms and Conditions of Use of IFS Management GmbH (“IFS Management”) for the online “IFS Academy” service
The business purpose of IFS Management is the commercial undertaking known as International Featured Standards (“IFS”). IFS is responsible in particular for the standardised inspection of product safety and quality levels of producers of foodstuffs and other products (e.g. cosmetics, packaging materials etc.) as well as for services such as logistics and trading activities. In light of this, IFS Management introduced the IFS Academy in order to give those interested in IFS the opportunity to learn about IFS or to receive further training in this respect. As such, the IFS Academy is in principle available to anybody, provided the present General Terms and Conditions of Use are accepted and respected.
The following General Terms and Conditions of Use shall apply for all persons registering with the IFS Academy and intending to use the services provided by the IFS Academy in the future (“Users”).
II. Object and changes to the General Terms and Conditions of Use
1. Object of the General Terms and Conditions of Use
These General Terms and Conditions of Use regulate the conditions which the User must fulfil in order to gain access to the IFS Academy. In addition, the conditions regulate the service offer and its availability as well as the rights and obligations of IFS Management. Finally, the rights and obligations of the User are the object of these General Terms and Conditions of Use.
The particularities of the availability and use of the services as part of the IFS Academy are solely regulated by the present General Terms and Conditions of Use, subject to any individual contractual agreements which must be agreed in writing.
You can find more information on IFS Management here (link to the imprint).
IFS Management GmbH
Am Weidendamm 1 a
DE 10117 Berlin
Telephone: +49 (0) 30 726 250 74
Fax: +49 (0) 30 726 250 79
Managing Director: Mr Stephan Tromp
Commercial register number: Charlottenburg District Court, number 84691
Tax no.: 37/102/21619
VAT no: DE 278799213
2. Changes to the General Terms and Conditions of Use
IFS Management reserves the right to make changes to these General Terms and Conditions of Use at any time, even during this existing contractual relationship. IFS Management shall inform the User of such changes at least 30 calendar days before the planned changes come into effect. If the User does not contest the change in writing, it shall be considered as agreed from the moment it takes effect.
III. Content of the IFS Academy
The IFS Academy offers various types of courses in which the contents of IFS are presented and taught. The content is taught by way of either e-learning courses or webinars. In addition, the User shall have the opportunity to interact with other Users of the IFS Academy in forums.
Registration with the IFS Academy is free of charge. The majority of the courses offered within the IFS Academy are also free of charge. The paid courses are highlighted as such and are only unlocked following payment.
The User’s choice to book the courses offered - irrespective of whether the courses are paid or free of charge - is voluntary. Participation in a booked course is also voluntary (however, a course may be necessary for a qualification or to maintain a qualification.)
The User shall receive a certificate of proof from IFS Management to recognise successful participation in courses.
The User’s claim to be able to use IFS Academy services shall only apply within the scope of the latest technological developments. IFS Management is entitled to put temporary restrictions on its services if this is required due to capacity limits, the security or integrity of the servers used for the IFS Academy or to carry out any technical work if this serves the purpose of enhancing the service performance in a manner which is in accordance with all regulations (maintenance). IFS Management shall respect the legitimate interests of all Users in such cases by giving them advanced notice where possible, for example. In addition, the User agrees that comments and feedback which he provides in forums or otherwise regarding the IFS Academy may be published by IFS Management in an anonymised form.
IV. Registration, conclusion of contract, contract duration
1. Formation of the User relationship
If the User does not yet have a profile on the IFS Management website (www.ifs-certification.com), he can register on the website (www.ifs-certification-academy.com) or send a completed registration form by post or fax to IFS Management. With the registration the User makes an offer to conclude a contract with IFS Management regarding the use of the IFS Academy services (“Offer to Conclude a Contract”). IFS Management shall not be obliged to accept this offer.
Upon registration the User shall automatically receive temporary access to the IFS Academy. However, this shall not yet result in a contract arising between the User and IFS Management.
After receiving the registration, IFS Management shall first inspect the completeness and accuracy of the User data which has been input during registration. If IFS Management accepts the User’s offer, IFS Management shall send the User a corresponding email explaining that the User’s offer has been accepted and that the User has now finally been awarded access. If IFS Management does not accept the offer, the User shall receive corresponding notification by email and the temporary access shall be blocked. This process can take up to 3 weeks.
No additional registration is necessary for Users who already have a profile on the IFS Management website (www.ifs-certification.com). The login details which have already been given to the User can also be used for the IFS Academy services. The contract of use shall be automatically concluded with the first registration on an IFS Academy course.
Users who have received their profile from an IFS certification body or a trading company registered with IFS shall only be accepted onto paid courses following receipt of payment (see section III above). 2.).
The contract with IFS Management is not transferable to third parties.
2. Registration and access to the IFS Academy
All natural persons are entitled to register.
Within his profile the User can freely input additional personal information and photos and/or upload them onto the IFS Academy platform. The User is solely responsible for updating the data which has been entered himself, where necessary.
The User shall be obliged to keep his login details, namely his email address and password, secret and protected from access by third parties. Only the User may access the IFS Academy. IFS must be immediately informed if there is reason to fear that third parties have gained or will gain access to the login details. The User shall be liable for third-party use in accordance with the statutory provisions.
If the User registers for a course, his name, country of residence and/or workplace and possibly his level of training and/or learning progress may be viewable by the other course participants. The User irrevocably and expressly consents to this publication following registration with the IFS Academy.
Webinars shall be recorded and uploaded onto the IFS Academy website for subsequent viewing by all Users of the IFS Academy. If the User has participated in webinars with his own contributions, he grants his irrevocable consent to publish and distribute these contributions as part of the publication and distribution of the webinar upon his registration with the IFS Academy.
The User also declares upon his registration with the IFS Academy that he is aware that all submissions and statements by him in the IFS Academy forums or chat services shall be visible for all Users of the IFS Academy under the User’s pseudonym and shall remain visible even after the termination of the contractual relationship.
3. Contract period and termination
The contract of use is unlimited and shall run until it is cancelled by one of the Parties.
The User may terminate the contract of use at any time by email, without reason. IFS Management can terminate the Agreement without reason with 2 weeks’ notice to the end of the month by email.
If the User is participating in a course at the time of termination, the contractual relationship shall only end upon the termination of the course, but at the latest 3 months after the termination email has been sent.
The possibility of terminating for good cause and the right to block according to section 4 of these General Terms and Conditions is not affected by this.
The contractual relationship shall end upon the termination becoming effective and the User must no longer use his login details. An exception to this is the User’s right to back up his data and documents for up to 30 days after the end of the contract. IFS Management may block the username and password at the latest at the end of this period.
IFS Management is authorised to deactivate all data and information resulting as part of the use once 30 calendar days have passed from the termination becoming effective and after any statutory provision obligations have expired.
4. Sanctions and blocking the User
IFS Management shall take the following measures if there are specific indications that a User has not complied with statutory regulations, third-party rights or these IFS Management Terms and Conditions, or if IFS Management has any other legitimate interest, particularly in relation to protection from fraudulent activities:
immediately and irrevocably or temporarily blocking the User’s username and password,
warning the User,
restricting the User’s use of the IFS Academy.
IFS Management is entitled to irrevocably ban a User from using the IFS Academy services (irrevocable block) if
blocking serves to protect the interests of other Users and the IFS Academy lecturer and is requested by IFS Management itself,
the User has provided false contact details or contact details that already exist,
the User assigns his contract with IFS Management to a third party or grants third parties access to the IFS Academy through his user account,
the User misuses IFS Management services,
the User repeatedly breaches IFS Management’s General Terms and Conditions,
any other good reason exists.
V. Copyright and liability for links
The content made available as part of the IFS Academy is subject to German copyright law unless this involves content belonging to the User. This content is the property of IFS Management or other third parties to whom IFS Management have provided the use and exploitation rights to the respective content. Duplicating, processing, distributing or any other manner of exploiting this content requires the written approval of IFS Management. Downloads and copies of this content are only permitted for personal, non-commercial use.
With respect to content belonging to other Users or third parties (so-called third-party content), IFS Management shall not carry out an inspection for completeness, accuracy and legality and thus accepts no responsibility or guarantee for the third-party content being complete, accurate, legal and up to date. Third-party content is expressly designated as such. Should the User become aware of a breach of copyright, he undertakes to submit a corresponding notice to IFS Management. Upon notification of infringements, the content in question will be removed immediately by IFS Management.
2. Liability for links
The offer from IFS Management contains links to external websites provided by third parties, over which IFS Management has no influence. IFS Management thus assumes no responsibility for this content. The respective provider or operator of any website to which a link is provided remains responsible for the content. Sites to which links have been provided were checked by IFS Management for possible violations of the law when the links were first created. Reason dictates that unless concrete evidence of a violation can be provided, then the content of websites to which links are provided cannot be subject to constant monitoring. Upon notification of violations, IFS Management shall remove such links immediately.
VI. Rights and obligations of the User
1. Fees, terms of payment
The use of the IFS Academy is free of charge, but various paid courses may be offered. Booking such courses is voluntary. Paid courses are highlighted as such and are only unlocked for the User following payment.
Payment shall take place through the following methods specified by the provider [....]
The User may only offset with undisputed or legally valid counterclaims. He may only exercise a right of retention that is based on the same contractual relationship.
2. Additional rights and obligations of the User
The User grants IFS Management a free right of use to his data upon its entry, in particular for the purpose of making contact via email in the event of any technical or content modifications to the IFS Academy.
The User is forbidden from any activities on or in connection with the IFS Academy which breach applicable laws, e.g. such as the principles of child protection, or the rights of third parties.
Equally, he is forbidden from any activity which is suited to undermine the smooth operation of the IFS Academy, in particular placing an excessive burden on IFS Management’s systems.
If there is a suspicion of illegal or criminal activity, IFS Management is authorised and potentially obligated to review the User’s activity and take suitable legal measures. This may also include forwarding the matter to public prosecutor’s office.
If the User becomes aware of an illegal or abusive use of IFS Academy, or a use which is contrary to the contract or which is unauthorised in any other way, the User shall be obligated to consult IFS Management immediately. IFS Management shall then review the matter and take appropriate steps where necessary.
If action is taken against IFS Management by third parties due to an illegal action on the part of the User (within the meaning of the above), the User undertakes to indemnify IFS Management from these claims.
VII. Data protection, other provisions
1. Data protection
The User’s data which is collected by IFS Management as part of the registration process and the use of the IFS Academy shall only be stored and processed if this necessary for performing the services according to the contract or for the use purposes named in paragraph 2 and this is permitted by statutory provisions or ordered by the legislator, or the User has agreed to this beforehand. IFS Management shall handle this data confidentially and according to the provisions of the applicable data protection laws, and shall not forward it to third parties.
When registering with the IFS Academy the User declares their agreement that IFS Management may internally monitor which courses the User takes, which content he clicks on and how and whether he passes the tests in the course. These evaluations shall not be passed on to third parties, but shall be used internally by IFS in order to optimise the service offer from the IFS Academy or to generate and publish statistics.
2. Requirement for the written form
3. Severability clause
If any provision of these General Terms and Conditions of Use proves to be, or become, invalid, this shall in no way affect the validity of the remaining provisions. Instead of the invalid provision, a valid provision shall apply which best approximates the economic intent pursued by the Parties.
4. Applicable law
These General Terms and Conditions of Use are subject to the law of the Federal Republic of Germany.
5. Place of jurisdiction
The exclusive place of jurisdiction for all disputes resulting from these General Terms and Conditions of Use is the registered office of IFS Management, insofar as an agreement on the place of jurisdiction is permitted.