"business@school" terms and conditions of use

(Status of November 15, 2018)

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Preamble

business@school (available at www.business-at-school.de, www.business-at-school.net, www.business-at-school.com, www.business-at-school.org, www.business-at-school.at, www.business-at-school.ch) is an initiative of the international consulting firm Boston Consulting Group (BCG). Since 1998, business@school's objective has been to give senior high school students a closer look at business, including hands-on experience, over the course of an entire school year.

The online platform serves as a competition and work platform for the participating schools.

The business@school project covers one school year and is divided into three phases:

  • Phase I: Analysis of a large company
  • Phase II: Analysis of a medium-sized or small company
  • Phase III: Development of a business concept and business plan.

Several business representatives—BCG consultants and employees of more than 20 business@school partner companies—volunteer at the schools. As business experts, they share their knowledge and practical experience with the students. The students meet "their" coach up to seven times over the course of the school year—usually on-site at the school. In addition, the coaches support their teams by telephone and e-mail or through the platform. The platform gives the project participants the opportunity to network and exchange thoughts and ideas.

For more information on the conditions of participations and the application process, see "About the project".

These terms and conditions of use govern the contractual relationships for the availment of the free services provided by business@school between you as a participant as one party and BCG as the other. In addition, these terms and conditions of use inform you of the use of your personal data. By registering at business@school, you agree to these terms and conditions of use. You can download these terms and conditions of use to your computer or print them.

1. Area of application

(1) These terms and conditions of use apply to all free services offered by business@school now and in the future until a change or amendment to the terms and conditions of use in accordance with section 13.

(2) Other offerings of BCG are not the object of these terms and conditions of use.

2. Group of persons entitled to use

The use of business@school is permitted only to persons age 18 or older. Minors who wish to use business@school require the consent of a legal guardian. The group of persons entitled to use include the following:

(1) Participation as a teacher or student
The use of business@school by teachers (e-mail address addition: "schoolname") and students (e-mail address addition: "student") who wish to participate in a competition is conditional on a successful application. Each student may participate in a competition only once. Teachers with interested senior high school students may apply. Former participating students may remain members of business@school even after the end of their project year, using the platform for further exchange among each other, or becoming coaches themselves in accordance with section 2.

(2) Participation as a coach
Employees of BCG and business@school partner companies may register as coaches. In addition, former participating students may also support project teams. Coaches support the participants in the competition in implementing their project and act as contact persons for participating students and teachers.

3. Registration as a member

(1) By registering with BCG for use of business@school, you confirm that you are among the group of persons entitled to use in accordance with section 2 paragraphs 1–2. Persons entitled to use shall in the following be referred to collectively as "members." You agree to the correct and complete submission of the required information requested in the context of the registration. You agree to keep this information up to date in the future, as well, insofar as is required for the purposes of business@school, e.g., establishment of contact. BCG shall be entitled to demand proof of the fulfillment of the prerequisites and the correctness of the information at all times.

(2) Project leader teachers shall collect the required information of the participating students. The teachers shall ensure that the participating students and their legal guardians are informed of the use of the data for business@school and shall obtain their written consent to the use of business@school. The project leader teachers shall ensure that the participating students and their legal guardians are aware of the present terms and conditions of use.

4. Membership and usage agreement

(1) The creation of member accounts shall be performed by BCG. The creation of a member account by BCG shall be deemed an application for membership in business@school. To finalize the application for membership and to unlock a member account, you as the registered person (in case of minors, also a legal guardian) must agree to the present terms and conditions of use in the course of the first login process. There is no legal claim to membership. BCG shall decide on the acceptance as a member.

(2) By applying for membership, you apply for a free usage agreement with BCG regarding the free services of business@school. The contract shall be take effect with the registration and provision of the free services. BCG reserves the right to reject an application for conclusion of an agreement in individual cases.

5. Scope of services

(1) The free services of business@school shall be granted exclusively within the scope of the technical, operational, and financial means of BCG.

(2) There is no legal claim to the provision of specific services. BCG insofar makes no representations regarding a specific scope of services or the error- and interruption-free availability of the free services offered; this applies specifically also to the availability of functions and data in the private area "My b@s" and the availability of data in institution sections in the area "My school". Internet access is not the object of the services offered; each member shall be personally responsible for this as well as for his or her own hard- and software.

(3) BCG reserves the right to suspend the offer or parts thereof at any time and to change the type and scope of the free services provided. In doing so, BCG shall take the legitimate interest of users into account. They will be informed of such changes by e-mail in advance within a reasonable period of time.

6. Granting of rights

(1) Insofar as you upload contributions or other content to business@school, for instance on the business@school website, to the file storage systems, you grant BCG as well as people and companies with which BCG collaborates in the context of business@school the perpetual, non-exclusive right to use, host, store, copy, amend, create derivative works thereof (insofar as required to ensure that your content works better in our services), communicate, publish, publicly perform, publicly display, and distribute this content worldwide.

These rights granted by you serve exclusively for the execution, promotion, and improvement of business@school. The content may also be made accessible to unregistered users.

(2) This granting of rights shall also persist if you no longer use business@school. The granting of rights in accordance with paragraph 1 shall not apply in circumstances that make a further accessibility to your contribution or other content appear unacceptable for the future (e.g., due to serious professional disadvantage). In addition, you can in many cases delete your uploaded information yourself (e.g., data in your file storage system or information in your profile).

(3) Any rights to information, correction, deletion, or restriction of personal data as well as the right to objection and data portability in accordance with General Data Protection Regulation (GDPR), the German Federal Data Protection Act, or other legal regulations shall remain unaffected by the granting of rights.

(4) BCG reserves the right to delete contributions and other content of the members of business@school without statement of reasons, insofar as this does not conflict with legitimate interests of the users. However, this does not constitute an assumption of responsibility by BCG. As a member, you alone are responsible for your content (including any links you may create); in this regard, BCG merely provides you with storage space.

7. General duties and responsibilities of members

(1) You agree not to disclose your password to third parties and to ensure that it is protected from access by third parties. You furthermore agree to inform BCG immediately if you are aware of any unauthorized use of your password by third parties. BCG is entitled to block access to the services of business@school if it has reasonable suspicion of unauthorized use of the password by third parties; you shall be informed of such a block and shall be assigned a new password provided that you did not consciously contribute to the misuse. In addition, you can change your password at any time under "settings" in the "My b@s" area and are advised to do so from time to time for security reasons.

(2) You agree not to use the free services provided by business@school for commercial purposes and to use them only in the context of the intended purpose of business@school. You shall ensure that the e-mails you send do not threaten the proper operation of business@school or impair other providers, users, or networks; in particular, you shall not send any mass e-mailings—irrespective of whether they serve a private, commercial, or other purpose. You are furthermore prohibited from uploading or exchanging multimedia files that may threaten the operation of business@school due to their file size.

(3) You agree not to violate any applicable statutory provisions in the course of your use of the free services of business@school. In particular, you shall ensure that the content you provide and distribute does not violate any rights of third parties (e.g., copyright, trademark rights, or personal rights) and that any personal data you may process in the context of your use of business@school does not violate relevant data protection legislation. In addition, you shall in particular ensure that no illegal content in accordance with the German Criminal Code or the Protection of Young Persons Act is published or made accessible, e.g., propaganda material or emblems of anti-constitutional organizations, racist ideas, depictions of violence, pornographic content, or insults and other disrespectful statements.

(4) You may link to content outside of business@school. The links may not refer to content that violates applicable statutory provisions; paragraph 3 above applies accordingly. You shall for this purpose carefully review content that is directly referred to through external links, as well as subsequent content, insofar as the directly linked content supports the suspicion that the subsequent content could violate applicable statutory provisions.

(5) Insofar as you publish information or content, you shall formulate this in such a way that the reputation and image of business@school and BCG are not negatively affected. In examining the question of whether the reputation or image are negatively affected, the constitutionally protected freedom of opinion of the content provider and the freedom of information of the users of the offering shall in particular be taken into account.

(6) As an access holder, you agree to the deletion of your member access by BCG should you no longer be among the group of persons entitled to use in accordance with section 2 paragraphs 1 and 2.

(7) In order to prevent data loss, you shall save respective safety copies of all content that you publish or distribute (e.g., contributions, documents, or photographs) or receive through business@school on your own computer system. In addition, you shall delete old files which you no longer require from business@school (after saving them to your own computer system if necessary). You shall regularly retrieve incoming e-mails at reasonable intervals and review your inbox and delete e-mails that you no longer require.

8. Duties and responsibilities of institution moderators

(1) BCG shall, for each participating school, establish a separate institution as a closed virtual space in the "My School" area of business@school. Within this institution, general exchange is enabled between all participating students and teachers of the respective school, as well as the project-supporting coaches. Each institution shall be moderated by the teachers (moderators).

(2) Through the "recycle bin" icon, moderators can delete any entries and files within the institution, especially if these violate the provisions in accordance with section 7 paragraph 3. Within the "My b@s" section, only the individual participants have access, write, and read rights.

(3) As institution moderator, you shall ensure that no personal data or personal photographs of members can be retrieved from the file storage, etc., unless the legal guardians and/or the relevant persons themselves have given the required consent. You agree to obtain the respective required written consent, which can be revoked at any time, of the legal guardians and/or the relevant persons themselves through the teacher responsible for the relevant members (e.g., the homeroom teacher). In the context of obtaining the consent, specific mention shall be made of the type, scope, and purpose of the use of the personal data. In case of a revoking of consent, you shall immediately delete any relevant personal data or personal photographs.

(4) As moderator of a institution, you shall be responsible for the adherence to the obligations in accordance with section 7 paragraphs 1–7 on the part of the members of the institution, especially with regard to the file storage. In this function, you shall take appropriate measures in case of a violation, as well as in cases of probable cause. You shall immediately delete any contributions and files within the institution that violate statutory provisions or these terms and conditions of use. You shall be required to regularly monitor the adherence to the obligations by students as members of your institution in the context of your supervisory responsibilities. Insofar as measures are required to ensure the adherence to the obligations that exceed your access rights, you shall inform BCG immediately.

9. Rights of BCG

(1) You acknowledge that the online platform business@school is a database belonging to BCG, or a database in accordance with the German Copyright Act § 4 para. 2 and § 87a para. 1. The related computer programs are covered by protection in accordance with the German Copyright Act § 69a ff.

(2) The content uploaded to business@school by employees of BCG is protected by copyright in accordance with the statutory provisions. Any reproduction or use of such content (e.g., of copyrighted texts) in other electronic or printed publications or in the context of communication to the public is not permitted without the express consent of BCG.

10. Rights of members

The content uploaded to business@school by members is protected by copyright in accordance with the statutory provisions. Any reproduction or use of such content (e.g., of copyrighted texts) in other electronic or printed publications or in the context of communication to the public by other members is not permitted without the express consent of the relevant member.

11. Consequences of violations of obligations, right of recourse

(1) In case of violations of the rights mentioned in sections 7 and 8, BCG shall be entitled to block the access of the responsible member or the responsible institution moderator to business@school and to block or delete content on the business@school servers, to disable access, or, in the case of obviously improper registration or use, to directly delete it, as well as to take other suitable measures for protection against such violations. The same applies for the case of reasonable suspicion of such violations.

(2) As a responsible member or responsible institution moderator, you agree to indemnify BCG from any claims of third parties made against BCG in the context of violations of the abovementioned obligations which you have caused or for which you are responsible, as well as from any resulting costs; this also includes the costs of appropriate legal defense. In addition, you shall be required to support BCG in the defense against abovementioned claims through issue of statements, in particular affidavits, as well as through further information and shall endeavor to ensure that such claims of third parties are made against you directly. All other rights of BCG shall remain unaffected.

12. Liability

(1) BCG shall be liable for damages it is responsible for in the violation of cardinal obligations. Cardinal obligations are all essential primary contractual obligations that allow the proper execution of the contract and upon the fulfillment of which you are therefore entitled to rely as a contract partner of BCG.

(2) Beyond this, BCG shall—irrespective of the legal grounds—be liable only for damages arising from injury to life, body, or health,

  • a) in accordance with the German Product Liability Act,
  • b) in case of assumption of a guarantee of characteristics, or
  • c) if the damage is caused by intent or gross negligence on the part of legal representatives or vicarious agents of BCG.

(3) In the case of a slightly negligent violation of cardinal obligations, BCG's liability shall be limited to the foreseeable losses typical of the contract.

(4) With regard to the prevention of damages from data loss, we refer to the obligation to save data in accordance with the "Data privacy information".

13. Cancellation/termination of the membership

(1) BCG may terminate the contract of a member at any time with a period of notice of 14 calendar days. Members may terminate their membership at any time; section 13 paragraph 4 governs to whom and in what form the termination shall be submitted.

(2) After the end of the respective project, the active membership shall be converted into an alumni membership in business@school. The usage agreement and the membership of participants with the e-mail address additions "student" (section 2 paragraph 1) shall remain in force and may be terminated by the members at any time. All other members may extend their membership for the subsequent project.

(3) The right to termination without notice for good cause shall remain unaffected. Good cause shall include in particular:

  • a) a violation of obligations in accordance with sections 7 and 8.
  • b) the expiry of the conditions for registration in accordance with section 2.

(4) The termination shall be in writing. A termination by e-mail shall also be deemed a termination in writing. Terminations by e-mail shall be sent to info@business-at-school.net. Terminations by BCG shall on principle be sent by e-mail to your external e-mail address submitted during registration or provided in your profile. Otherwise, the termination shall be sent to the e-mail address assigned to the member by business@school.

(5) In case of a termination and upon cancellation of the usage agreement, BCG shall be entitled to block and delete the respective member access as well as any content of the member.

 
 
 
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