These Terms of Usage shall govern the rights and duties between ABS Safety GmbH (hereinafter referred to as “ABS”) and their customers. The customers of ABS are entrepreneurs as described in Section 14 BGB (German Civil Code).
2.1 These Terms of Usage apply to the usage of the Lock Book platform as well as the Lock Book App (hereinafter referred to as the “Programme” or “Product”) provided by ABS. Counter confirmations on the part of the customer that refer to his/her general terms and conditions/terms of usage are hereby expressly contradicted in advance. ABS shall provide their services solely on the basis of the conditions set out herein.
2.2 ABS reserves the right to unilaterally change these Terms of Usage under observance of a notification period of two months. The customer shall be informed of these changes via email and has the right to object to these changes within a period of four weeks. In the case of an objection, ABS shall be entitled to enforce an exceptional right of termination.
3. Description of services
3.1 Through their Lock Book tool, ABS provides their customers with a platform/app for planning, servicing and documenting their installed fall arrest products, in particular those supplied by ABS, as well as for eLearning and other training purposes, whereby the range of functions provided by this platform is subject to constant enhancement. These general Terms of Usage shall also apply in the event that the range of functions is accordingly enhanced.
3.2 ABS reserves the right to discontinue the Product or individual functions of the Product for technical or operational reasons. ABS will inform the customer - as a minimum via email - of such discontinuation at least two months prior to its coming into force.
4. Duties of the customer
4.1 The customer is herewith under obligation to refrain from using technical devices, software or any other data that may be detrimental to ABS’s system. The customer is not permitted to make any changes to the Product him/herself. The customer is herewith under obligation to take all the necessary precautions to secure his/her system and data accordingly. This includes, in particular, carrying out regular and complete backups and the usage of a current protection software to defend him/herself against computer viruses and similar.
4.2 Responsibility for fulfilling the technical prerequisites for accessing the Programme lies with the customer. Should the Programme or other technical components be changed or undergo further development, the customer is responsible for making any necessary changes to the hard and software deployed by him/her.
4.3 The customer is herewith under obligation to ensure that his/her access data is stored so as to ensure that it cannot be accessed by third parties. Passing this information on to a third party without the explicit consent of ABS is not permitted. In the case that this data is passed on without authorisation, ABS is entitled to enforce its extraordinary right to termination.
4.4 The customer bears sole responsibility for all the plans, offers or other results created by him/her with the help of the Product. In particular, ABS shall likewise bear no liability for any damage resulting from incorrect planning results or data output by the Programme or any damage resulting from changes made to the Programme by the user. The user is responsible for checking the data entered, the results and their plausibility based on the current standards, approvals and permits. The user bears sole responsibility for the results achieved through using the software.
4.5 When installing ABS products, the instructions in the respective installation shall manual apply. The values and information stored in Lock Book are for documentary purposes only and are not designed to serve as or supplement the installation manual.
4.6 Alongside the installation manual, the customer must always observe the safety instructions printed in the currently applicable safety instruction pamphlet. Furthermore, the customer is under obligation to check the ABS website regularly for the latest warning notices.
5. Conclusion of contract
5.1 The representation of the documentation programme in whatever form does not represent a binding offer on the part of ABS but rather a request for delivery on the part of the customer.
5.2 The contract is concluded when the customer first logs in with the help of the login data supplied by ABS.
Currently, the use of this ABS Product is free of charge. ABS reserves the right to charge for the use of this Product in the future. In this case, the customer will be informed of the respective changes according to item 2 of these Terms of Usage.
7. Rights of the customer/interruptions in the provision of the service
7.1 ABS grants the customer a simple, non-transferable right to use the Programme. This usage right is limited to the term of the contract.
7.2 ABS is solely responsible for providing the customer with the Product. ABS shall not be liable for any interruptions in the provision of the service or any damage thus caused - either directly or indirectly - to the customer. In particular, interruptions in the provision of the service may be due to connectivity errors (whether these are caused by ABS or not) or where necessary maintenance work is carried out by ABS.
7.3 ABS shall not accept any warranties or liability should the Product - or part of the Product - fail, regardless of the cause of this failure.
7.4 ABS shall only be liable in the case of intent and gross negligence, personal injury or slight negligence. This shall also apply to all vicarious agents and auxiliary persons engaged by ABS. The above shall not apply in the event of a breach of the obligations which render it possible to execute the contract in the first place (cardinal obligations).
7.5 ABS shall not be liable for damage to the customer’s terminal equipment, damage caused to third parties or indirect damage, such as the loss of earnings, resp. lost profits. Also herewith explicitly ruled out are all warranties and liability for damage to the customer as a result of the delay of a project due to the non or defective performance of the ABS Product.
7.6 The customer shall be solely responsible for all documentation and plans compiled by him/her using the Product. The customer is under obligation to check that the data displayed is correct. ABS shall not accept any liability in the case of errors.
8. Data protection
In addition to our data protection declaration (available at: https://lock-book.com/impressum-datenschutz), the following regulations apply: When using the programme provided by ABS, data is stored on a server provided by ABS in order to be available to the customer. It is the customer's responsibility to create and maintain internal operational requirements in terms of data protection and to keep them up to date. When using the programme, the IP address, date and time as well as the customer's operating system are logged. Personal data is stored exclusively for the purpose associated with the programme and used for direct correspondence with the customer (user). Data will not be passed on to third parties. Insofar as services of third party providers are used, the regulations of the Federal Data Protection Act as well as the data protection laws of the federal states are complied with. If the customer no longer agrees to the storage of his personal data or if such data has become incorrect, ABS will arrange for the deletion, correction or blocking of such data upon a corresponding request within the framework of the statutory provisions. Upon request, the customer will receive information free of charge about all personal data that ABS has stored.
9. Duration and termination of the contract
9.1 The contract, which covers the usage of the Programme, is concluded for an indefinite period of time and can be terminated by either party under observation of a one-week notification period to the end of the month. The textual form is sufficient for such termination.
9.2 The right to extraordinary termination remains unaffected hereby.
9.3 In particular, the customer shall have the right to an extraordinary termination of the contract, if the usage of the Programme is switched from being free of charge to being subject to a fee.
9.4 ABS shall, in particular, have the right to an extraordinary termination of the contract, if the Programme is discontinued or if the customer deploys/uses it contrary to what has been agreed in this contract.
9.5 Upon termination of the contract, the customer’s data shall be deleted by ABS.
9.6 The contract can also be terminated by ABS, if the customer cannot provide proof that he/she has taken part in an ABS product and installation training session. Should a respective certificate not be presented within the period prescribed by ABS, ABS shall block the customer’s access to the programs.
10. Place of jurisdiction and other agreements
These Terms of Usage are subject to German law and are exempt from private international law and the UN sales law. Place of jurisdiction for all disputes from or in connection with these Terms of Usage is Kevelaer.