Legal info

 

Imprint

This website is maintained by:

Ernst Klett Sprachen GmbH
Rotebühlstraße 77
70178 Stuttgart, Germany
Tel: +49 7 11 / 66 72 15 55
Fax: +49 7 11 / 66 72 2065

Email: contact(at)klett-sprachen.de  
www.klett-sprachen.de

Managing Director: Elizabeth Webster
Publisher: Dr.h.c. Michael Klett

Responsible for content according to § 55 para. 2 of the German Federal Broadcasting Agreement (RStV.):
Elizabeth Webster, Rotebühlstraße 77, 70178 Stuttgart

Entered in the commercial register of Stuttgart district court, section B under No. 763 784
VAT No. DE 205 824 679


If you have any questions or suggestions, please contact us:
Tel. +49 7 11 / 66 72 15 55
Email: contact(at)klett-sprachen.de  

 

Terms of Use deltapublishing.co.uk

Ernst Klett Sprachen GmbH, Stuttgart

Terms of Use for the Ernst Klett Sprachen internet presence under the domain http://www.deltapublishing.co.uk, including all subdomains (hereinafter referred to as „Portal“).

Last updated: April 2020

The following terms and conditions apply for the use of the Portal:

1. Scope of the agreement

1.1 The following general terms and conditions apply for the Portal (including all associated countries and subdomains) of Ernst Klett Sprachen GmbH, Rotebühlstr. 77, 70178 Stuttgart, represented by the managing director Elisabeth Webster (hereinafter referred to as „EKS“). The Portal is a portal offering the following: teaching material, textbooks, training, ELT digital information and services, the content of which can be used for training purposes and to prepare and supplement lessons, information and links for the ELT sector, free supplementary offers (e.g. downloadable worksheets), a calendar of events etc., hereinafter all of which are referred to as „Services“.

1.2 The Portal provides its services exclusively based on these terms of use. The online conditions apply which are valid at the time of your use of our services. We do not accept any provisions that differ from these conditions, unless otherwise confirmed by us in writing. By using the Portal you agree to the terms of use without further explanation. Minors or others with limited capacity require the consent of their parent or legal guardian. The legal guardian’s consent is given at the point of registration when providing the necessary user data, in line with 3.1 of Terms of Use deltapublishing.co.uk.

1.3 EKS has the right to change or supplement these Terms of Use within a reasonable period of notice. The period of notice is communicated on the internet, on the Portal itself. If the user does not object to the changed or supplemented terms within 4 weeks of this communication, the changed or supplemented terms become valid. If the user does object within this timeframe, EKS has the right to terminate the contract at the point of time that the changed or supplemented terms become effective. Differing, conflicting or supplemented Terms of Use will not become part of the contract unless EKS gives explicit written acceptance thereof.

1.4 EKS has the right at any time to change the Portal, to add or delete content or to remove the service completely from online operation. There is no right to legal claim based on previous use.
 

2. Scope of performance - Portal

EKS provides services on the Portal which enable users to create new content or make suggestions for new content („user contributions“), in particular events. In order to take full advantage of the services on offer, user registration on the Portal may be necessary.

The EKS Portal offers content, tools and apps in part owned by external providers. These links and downloads should be seen as a suggestion from EKS and should be verified and downloaded from the internet pages of the respective provider.

In addition, EKS offers digital content such as downloads and videos. The following special rules, compared to the other rules in this agreement, apply predominantly for digital content:

2.1 EKS does not assume any warranty or liability for the permanent electronic availability of electronic content, as restrictions may occur due to technical requirements. Disruptions in the quality of Internet access and data traffic on the Internet caused by force majeure or other unforeseen events beyond the control of EKS, and which impede performance or make it impossible, do not form a claim for damages because of unavailability.

2.2 EKS reserves the right at any time to change, update, modify, block or delete digital content without giving notice. In this context no claim can be made against EKS. The user is responsible for the risk of loss after downloads as well as loss of digital content including loss due to computer or hard disk failure. EKS takes no responsibility for compensation for damages caused by the transmission, storage and use of digital content of any kind.

2.3 Otherwise, EKS accepts liability for material and legal defects, in particular with refernce to paragraph 434 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).

2.4 The regulations of the German Product Liability Act remain unaffected.
 

3. Access authorisation; Password; Privacy; Loss

3.1 In order to be able to make full use of the Portal, the user must provide certain necessary data. You register by providing an email address and a password chosen by yourself as well as your title, name, surname, country and type of school.

An Email address and password are necessary to use the portal. The email address and password enable the user to look at their details and also change them.

The user can also choose a user name.

The user name will be used, amongst other things, to attribute contributions made by the user.

This user name is visible to all users on the website and remains so even if the user decides at a later date to delete their account and the corresponding personal data. Therefore, the user name chosen should be distinctly different from the real name if the user wants their activities on the website to remain anonymous to third parties.

All performance related evaluations can be viewed solely by the user. Whereby registration remains a necessary access requirement, exclusive access to personal data and evaluations remains bound by this identification.

The user is obliged to keep their login details safe (email address, user name and password) and protected against unauthorized use by third parties and to keep their password secret. The user should inform EKS immediately if they have good reason to believe that their login details are being misused in any way.
 

4. Rights and responsibilities of the user

4.1 The user is authorised to use the Portal under the agreed conditions for as long as it is operational. The full range of functions can only be taken advantage of by way of written consent to receiving information and offers by email.

4.2 The user is obligated to observe and comply with the existing laws of the Federal Republic of Germany, especially the Copyright Act.

4.3 The user accepts full responsibility for their activities whilst using the Portal.

4.4 The user is not authorised to transfer or store content of the provider on other networks (school or university intranets, file-sharing platforms etc. ) or on their own non-commercial or commercial homepages or on other computers other than their own. Authorisation in accordance with § 52a, Paragraph 2,1 of the Copyright Act is not granted through these Terms of Use.

4.5 User activities which are aimed at harming or impeding the websites on the Portal or any services provided by EKS are prohibited and will lead to both civil and criminal prosecution. In particular, actions which can affect the physical and logical structure of one or more services, or part of, on the Portal are prohibited.

4.6 The user is obligated to act in a conscientious, considerate and respectful manner when participating in user contributions. The user guarantees to be the owner of any necessary rights to content included in the user contribution and further guarantees that the use of their contribution does not violate any third party rights, in line with these Terms of Use.

4.7. When communicating with others via access granted by EKS (e.g. in chats or forums) the user is obligated to respect and take into consideration cultural, religious and personal interests of others as well as applicable laws or official/judicial orders.

4.8. The user is solely responsible for their user contributions, this being content and any other content contained in their communication. The user is obliged to refrain from making any contributions or statements which violate applicable law (in particular criminal law, data protection law, copyright law, trademark law, third party privacy rights or any official/judicial orders). The user is obliged to refrain from making statements of an offensive or obscene nature or any kind of advertising statements.

4.9. Offences committed against these user obligations can lead to, amongst other things, liability to pay compensation and the withdrawal of entitlement to access to the websites. The user releases EKS from all possible claims by third parties who make violation of third party rights claims based on the user contribution, the content thereof and any other aspect of the communication. Furthermore, the user is obliged to compensate EKS for all damages arising from the user contribution, the content thereof and any other aspect of the communication, in particular claims asserted by third parties. This includes any reasonable legal defence costs incurred by EKS.
 

5. Copyright

5.1 All trademark, copyright and other individual property rights accessed through the Portal remain entirely with the respective holder of the rights and are protected accordingly. Therefore, the use of content and data found on the websites in the Portal (particularly texts, pictures, graphics, audio, video and animation files) or the implementation of this content and data on third party websites  is not allowed in any way. As a consequence, misuse or violation will be prosecuted.

5.2 EKS reserves the right to change, delete or not publish user contributions / submissions. EKS is not obliged to give a reason or separate communication in this case. This will happen notably if the user contributions do not comply with the objective of sharing and distributing information or if they violate the regulations in these Terms of Use. This applies in particular to user contributions which are of an offensive, inflammatory nature, which contain content of an advertising nature or which violate any applicable laws in any way.

5.3. The user is permitted to make individual copies of content available for download on the website solely for private, non-commercial use , more specifically to download and print such content.

5.4. The user does not obtain any future rights to the used material and can only use it in the manner described as authorised use. Any other rights must be applied for in writing to EKS.
 

6. Warranty, liability

6.1. Various information services are made available via the Portal. We only accept liability for loss or damages caused to you through using trusted content/information from the Portal if the damages are caused due to malicious intent or gross negligence on the part of the legal representative or agents of the online service of EKS or, in the case of slight negligence if an obligation was violated, the fulfillment of which you particularly rely on and trust in (cardinal obligation).

6.2 EKS cannot guarantee the completeness, accuracy or up-to-dateness of content. EKS makes available all content without any assurance or guarantee of any kind, expressed or implied.

6.3 EKS cannot guarantee the continuous availability, accuracy or punctuality of the services. Due to technical difficulties beyond our control, access and transmission delays or failures may occur. EKS would like to point out that computer programmes cannot be developed in a way that they run error-free under all conditions. EKS also assumes no liability that the services and the computer programs needed for these are sufficient for the specific requirements of the user. In particular, EKS offers no guarantee that saved content will be fully accessible or accessible at any given time should there be an error or disruption in transmission that is beyond our control

6.4 EKS only accepts liability in the case of malicious or grossly negligent conduct on the part of the provider, its agents and/or representatives. In addition, we shall only be liable insofar as key contractual obligations are breached due to negligence on the part of the provider, its agents and/or representatives.

6.5 EKS cannot be held responsible, directly or indirectly, for data loss or damage incurred through the use of a computer program, the inability to use a computer program or by accessing the website, this includes (but is not limited to) business interruption, loss of earnings or loss of profits. The responsibility therefore remains with the user to regularly make backup copies of downloaded or saved content.

6.6 A no-fault, statutory liability of EKS, in particular liability in accordance with the German Product Liability Act as well as a legal guarantee liability, remains unaffected by the above restrictions. The same applies for the liability of EKS in the event of culpable injury of life, body or health of a user.

6.7. Content on the subject of health and nutrition is not a substitute for the advice or treatment of a dietician, therapist, doctor or any other healthcare professional. EKS does not accept any liability for damage or injury which may occur, directly or indirectly, through the implementation of suggestions, practises, exercises, therapies or treatment methods found on the website. In the event of health problems, self medication based on the contents of the website without consulting a medical professional is explicitly advised against.

6.8. EKS only accepts liability for foreign content if aware of any illegal content and links from external internet sites and if this content is deliberately and culpably not removed. EKS accepts no responsibility for content or for external links which are explicitly identified by EKS as user contributions. Any content that has been submitted or shared by the user to EKS is classed as foreign content, which does not always reflect the opinion of EKS.

6.9. Insofar as the liability of EKS is excluded or restricted in line with the provisions above, this also applies to employees, representatives and agents of EKS.
 

7. Data protection

EKS is aware how important the diligent handling of personal data is to the user. Please refer to the privacy policy of Ernst Klett Sprachen GmbH with regards to use of the website. The user must confirm that they have read and acknowledged the privacy policy.
 

8. Miscellaneous

Where written form is provided for in this contract, this is also applicable to the sending of emails or faxes. The law of the Federal Republic of Germany, under exclusion of the UN Sales Convention (CISG), applies to all legal transactions arising from the use of this Portal. If you are resident abroad, Stuttgart is the place of jurisdiction for all claims in connection with your use. We are also entitled to take action against you at the court in your jurisdiction. In the case of a legal dispute, the summons address is: Ernst Klett Sprachen GmbH, Rotebühlstraße 77, 70178 Stuttgart. The court of jurisdiction is Stuttgart.

9. Severability clause

Should any provision of this contract be or become void or unenforceable or should the contract contain a loophole, the effectiveness of the remaining provisions of this contract remain unaffected. A legally admissible provision is in place which covers any loopholes or void provisions and which, as far as possible, corresponds to what both parties wanted or would have wanted according to the purpose of this agreement, in the event of the loophole being detected.

Managing Director: Elizabeth Webster

Publisher: Dr.h.c. Michael Klett

Responsible for content according to § 55 Paragraph. 2 German Broadcasting Treaty (Rundfunkstaatsvertrag (RStV.))

Elizabeth Webster, Rotebühlstraße 77, 70178 Stuttgart

(Commercial Register) HRB 763 784, (Local Court) Amtsgericht Stuttgart

VAT number: DE 205 824 679

 

Technical concept, design and implementation of the website:

Wirth & Horn Informationssysteme GmbH