General Terms and Conditions of Usage applicable to the Single Sign on Service and the modules
Access-restricted content and products from participating undertakings of the Liebherr Group may only be used after prior registration of the user and the allocation and clearance of the necessary access data. Liebherr-IT Services GmbH offers a registration service (hereafter referred to as the "Single Sign on Service" or the "SSO Service") as the central means by which, upon condition that clearance has been granted, users gain access to the modules "My Service Partner", "My Products", "Document Download", "Spare Parts Catalogue" and "Shop" (which SSO Service and modules will be referred to hereafter as the "Product") and to other participating Liebherr portals. After registration, the SSO Service is used by participating Liebherr portals and users as a core tool for logging in to participating Liebherr portals.
1.1 The following General Terms and Conditions of Usage govern the usage of the Product. The provider of the Product is Liebherr-IT Services GmbH, St. Vitus 1, 88457 Kirchdorf, Germany, represented by its Managing Director Uwe Rechtsteiner (hereafter referred to as "LIS").
1.2 Contractual relations between the user and participating Liebherr portals and their online products in which SSO Service is or can be used shall also be governed where appropriate by the individual general terms and conditions of business and usage of the relevant providers of the Liebherr portals.
1.3 The SSO Service and the modules are intended exclusively for natural or legal persons that are businesses within the meaning of § 14 of the German Civil Code. Usage by consumers is not permitted.
2.1 Single Sign on Service
2.1.1 Single Sign on (abbreviated to "SSO") means in relation to the SSO Service of LIS that, after initial registration and authentication, each user can log in to the SSO Service for all modules cleared for him/her along with other restricted-access services, areas and applications on all participating Liebherr portals or other Products (such as for example mobile apps) that use the SSO Service with the same access credentials without having to follow the registration processes for the individual products as would otherwise be the case.
2.1.2 The user shall receive from the SSO service a multi-portal "identity", which may be recognised and verified by participating Liebherr portals. In this way, it will also enable the SSO service to transfer user data lodged in the SSO service (such as for example name and address and the devices registered by the user) automatically to the operators of the relevant Liebherr portals without having to enter these data manually a second time into another participating Liebherr portal and for them to have to be verified.
2.1.3 In addition, the user may also be presented in a targeted manner with particular information through the SSO Service that is specifically tailored to him/her. Usage of participating Liebherr portals will thus be facilitated for the user. For example, the user may be informed after logging in whether new content for his/her specific area of activity is available.
2.1.4 The SSO Service enables the user to manage his/her SSO account centrally in a straightforward manner using the "My Profile" and "My Company" button. In this way the user may for example manage and correct his/her master data (e.g. address), change his/her password or deactivate his/her Liebherr account.
The availability of the SSO Service is dependent upon a functional data connection between LIS, the user and the undertakings from the Liebherr group that operate the Liebherr portal in question and the proper operation of all systems involved. It is therefore possible that access to the SSO Service may be temporarily unavailable. LIS reserves the right to suspend the availability of the SSO Service for maintenance and upgrade work in line with standard market practice. LIS will endeavour to carry out maintenance and upgrade work outside ordinary business hours at the registered office of LIS.
2.1.5 The SSO Service shall be free of charge for the user.
2.2.1My Service Partner
The "My Service Partner" module enables the user from a particular undertaking to register and administer business relations with his/her service partners for his/her undertaking. The registration of business relations is a prerequisite for usage of the modules "My Products", "Document Download", "Spare Parts Catalogue" and "Shop". This is because the modules are also regarded as a service for the service partners of Liebherr original spare parts. Service partners use the modules in order to provide their customers with an enhanced service through the Product. Service partners establish business contact with their customers through a "business relationship" registered via their Liebherr account. The following rules shall govern relations between users and their service partners:
a) The relevant contractual partners only shall be responsible for specific legal transactions concluded between the service partner and users. LIS and any Liebherr manufacturing facilities that may be involved are not parties to these legal transactions and do not accept any responsibility or liability in relation to them.
b) The relevant applicable general terms and conditions of business of the service partners may be consulted in the "My Service Partner" module within the overview of registered business relations and in the "Shop" module at the end of each order, where the service partner has provided these in its Liebherr account.
2.2.2. My Products
The My Products module enables the user to register the products acquired by his/her undertaking through his/her service partner. After registering, all users from the undertaking in question obtain an overview of the registered products of their undertaking. Alongside the various product management functions, the user is also able to transfer smoothly to the further modules available for the product in question. Management functions include in particular the provision of accreditations to users from other undertakings. If a user receives accreditations for the product of another undertaking, these will also be displayed in an overview. The user is provided with various functions and transfers to other modules also in relation to these products.
2.2.3 Document Download
The user is able to download documents for his/her registered products, where offered by the Liebherr manufacturing facility. It is likely that there will also be documents at a later date that can only be obtained from the manufacturing facility for a fee (not through the Shop).
2.2.4 Spare Parts Catalogue
The user has access to the online Spare Parts Catalogue for his/her registered products, where offered by the Liebherr manufacturing facility. Within the Spare Parts Catalogue, users are able to identify the spare parts required using exploded views. In addition, Spare Parts Catalogues contain further documentation along with an item history. Users are provided with prices and availabilities in the Spare Parts Catalogue so as be able to make an initial estimate of the costs, although are not able to alter delivery and order terms and conditions.
Users may be able to order spare parts or any other items for their products, depending upon the product area in question. Users are able to transfer spare parts identified from the module "Spare Parts Catalogue" to the "Shop" module in order to order them from their service partner. The offer of further items is dependent upon the responsible Liebherr manufacturing facility in question (see below section 8) that is responsible for the product area consulted.
Users may only access product areas in the "Shop" module for which they have already been registered or accredited through the "My Products" module. The items offered through the "Shop" module are exclusively Liebherr original items.
Further items, such as licences, may where appropriate be sold in separate shops. Clearance for the purchase of such products is dependent upon the relevant manufacturing facility for the item. Clearance may be granted e.g. at the time a business relationship for the relevant product area is registered. In addition, clearance may be granted where appropriate after the active clearance of individual users by the manufacturing facility or service partner. Unless you have agreed otherwise with your service partner, the prices indicated in the Shop exclude shipping costs, taxes and customs duties.
Please note that LIS allows exclusively Liebherr manufacturing facilities and service partners to sell goods. LIS does not accept any liability, including in particular for the prices indicated, availability and the terms and conditions of the service partners.
NB: Please note that we may make changes to our spare parts with reference to various parameters. For this reason, both the Spare Parts Catalogue and the Shop may indicate that items can no longer be ordered under certain circumstances or that a new variant of the item must be ordered as a replacement.
2.3 Duties of the user when using the modules
2.3.1 Duties of the user and copyright
a) Users of modules undertake to register only products that are owned by their undertaking or for which they have been expressly authorised by the owner of the product.
b) Users of modules undertake in this regard to use information obtained through the modules exclusively for their own business purposes. This information shall include in particular data from the Document Download and Spare Parts Catalogue modules. In addition, this information includes in particular prices and availabilities of your service partners. This information also includes details concerning your Liebherr account and the structure of modules.
c) The content retrievable in the modules (text, data, images, logos, graphics, documentation and sound, video and other pictorial displays) are protected by copyright and other legislation on the protection of intellectual property. The content may not be reproduced, distributed, stored in other media (e.g. other websites) or altered either in full or in part without the express prior consent of the operator. The printing or saving of individual pages or documents is only permitted for personal usage.
3. Identification and registration
3.1 Users must register in order to use the SSO Service.
3.2.1 If access to a Liebherr portal linked to the SSO is only possible subject to certain prerequisites, such as e.g. the verification or clearance of the user by an undertaking from the Liebherr Group, the user will be made aware of this fact.
3.2 The user also warrants that the personal details provided by him/her upon registration, including in particular his/her undertaking, first name and surname and postal and email addresses are true and accurate. In particular, the user may not provide any data relating to a third party. The user is obliged to inform LIS promptly of any change to the information.
3.3 The submission of the completed registration form shall constitute an offer on the part of the user to conclude an agreement concerning the usage of the SSO Service (hereafter also referred to as the "Usage Agreement"). LIS may accept this offer by confirming the registration by email to the user or by releasing the user for access to the relevant areas or content requiring registration after submitting the registration form. A Usage Agreement shall thereupon be concluded.
3.4 The user will receive a confirmation email promptly after receipt of the registration form by LIS. This email shall contain a confirmation link. By clicking on this link, the user may confirm his/her email address. This confirmation is a prerequisite for the ability of the user to log in thereafter through the SSO Service or to be able to use services of other Liebherr portals immediately after successful registration.
3.5 The user has no entitlement to accreditation to the Liebherr portals.
3.6 We are entitled to refuse individual applications for registration without stating reasons.
4. Usage of access data, access to the portals
4.1 The user shall receive access to the restricted-access content and products of the participating Liebherr portals by entering his/her access credentials, in general an email address and password, into the relevant log in form.
4.2 Access credentials are intended for usage exclusively by the user in question. The user may not disclose any data, including in particular his/her password, to third parties, including family members and colleagues. The user is obliged to ensure that the access credentials, including in particular the password, remain confidential at all times and to prevent any unauthorised usage of the participating Liebherr portals by third parties.
4.3 Should the user become aware of any misuse of the access credentials or suspect that misuse may have occurred, he/she must inform LIS promptly of this fact. LIS shall be entitled to block access to the Liebherr portal immediately in the event of misuse or suspected misuse. The user shall bear liability for all consequences of third party usage, where he/she was at fault for the misuse of access credentials. The user shall be deemed to be at fault in particular if he/she through his/her negligence allowed unauthorised usage of access credentials to occur. Liability shall only end after the user has informed the Customer Service of LIS by email (firstname.lastname@example.org) of the unjustified usage and, if necessary, changed the password.
4.4 Section 4.3 shall apply
mutatis mutandis if the user has selected "stay logged in" when working on a public computer or a computer with multiple users and third parties have thereby gained access to the Liebherr portals.
4.5 The extent of access granted by the access credentials is dependent upon the terms and conditions of usage of the relevant Liebherr portal. The extent of access may also differ in line with the professional group of the user or the user's relations with third parties.
4.6 LIS draws attention to the fact that Liebherr portals are each operated by the company indicated in the provider identification details on the Liebherr portal. If LIS does not operate the Product itself, LIS is not responsible for the content and Products contained in it.
5. Additional information for undertakings
5.1 Authorised employees of an undertaking may register either with their own personal data or with the corporate data of their undertaking. Authorised employees shall thereby be allowed the possibility to use jointly further products of the Liebherr Group within their undertaking. The employee of an undertaking who is accredited as the "company administrator" shall e.g. have the option to administer the accreditations of his/her colleagues/employees and to administer the registration of users from his/her own undertaking.
5.2 Access data may not be made available to third parties. The user who is accredited as the company administrator is obliged to ensure that his/her master data and the data relating to colleagues/employees is up to date.
6. Restriction, expiry and revocation of access credentials
6.1 Limited usability of modules
The functions made available to the user may be limited under the following circumstances:
a) In particular for older products, the possibility of product registration and the availability of documents and spare parts catalogues cannot be guaranteed.
b) Depending upon the accreditations granted to the user by a company administrator from his/her undertaking, individual modules and functions within modules may not be made available to the user.
c) If accreditation in relation to products from an undertaking different from that with which the he/she is associated is granted to a user, the modules made available to him/her and the functions within the modules may be limited for these products by the users of the other undertaking.
LIS reserves the right to amend or temporarily or permanently suspend the modules at any time without any requirement to state reasons.
6.2 LIS reserves the right in the event of breaches to these General Terms and Conditions of Usage, and in particular due to
• the provision of false information upon registration or at a later stage and/or
• the unauthorised sharing or disclosure of access credentials, including in particular passwords
to block the user's access credentials temporarily or permanently and/or to revoke the user's right of access definitively either with immediate effect or after a notice period set at our discretion and/or to terminate the Usage Agreement extraordinarily without notice. In such an eventuality, the user may not register again with LIS without our express prior approval.
6.2 In addition, access accreditation shall expire automatically from such time as the user is no longer a member of the individual modules or any other approved group of persons indicated on another Liebherr portal. The user shall be obliged to inform Customer Service through the email address email@example.com promptly of any impending or actual changes to occupational positions or employment.
7. Termination of the Usage Agreement
7.1 The Usage Agreement shall apply for an indefinite period. As a matter of principle, both the user and ourselves may terminate the Usage Agreement at any time either without notice (see however section 6.2) or by ordinary termination. The foregoing shall be without prejudice to the right of both parties to extraordinary termination for cause. Termination must be intimated in text form, thus at least by email.
7.2 However, the immediate termination of the Usage Agreement would under certain circumstances have the result that it would be impossible for the user to log in and therefore, depending upon the relevant Product of the participating Liebherr portal, that he/she may not even have access to the data entered by the user, such as e.g. registered devices, along with other restricted-access areas of the Liebherr portal for which the user would otherwise be cleared.
8.1 Unless specified otherwise, the operator mentioned above shall bear responsibility for the content of your Liebherr account and the modules. Responsibility shall lie with a legal person other than the operator in particular in the following situations:
a) Document Download: the documents made available for the registered products are made available by the relevant Liebherr manufacturing facility.
b) Spare Parts Catalogue: the spare parts catalogues made available for the registered products are made available by the relevant Liebherr manufacturing facility.
c) Shop: the relevant Liebherr manufacturing facility, which is specified in the legal notice of the website of the product area shop, shall bear responsibility for the relevant product information. The relevant service partner shall be responsible for the prices indicated, terms and conditions, availability and Products.
8.2 The responsible Liebherr manufacturing facilities for the various product areas are:
Im Elchgrund 12
88427 Bad Schussenried
Earth movement / handling technology
Liebherr -EMTec GmbH
Mobile cranes and crawler cranes above 300t
Liebherr-Werk Ehingen GmbH
89584 Ehingen/ Donau
Crawler cranes up to 300t, special foundation engineering, maritime cranes
Liebherr-Mining Equipment SAS
49, rue Frédéric Hartmann
Mobile construction cranes
Liebherr-Werk Biberach GmbH
Memminger Straße 120
88400 Biberach an der Riß
Liebherr -EMTec GmbH
Rotating tower cranes
Liebherr-Werk Biberach GmbH
Memminger Straße 120
88400 Biberach an der Riß
The exclusion of liability shall not apply to damages claims resulting from a grossly negligent breach of duty by the operator, a statutory representative or an auxiliary agent. It shall also not apply to breaches of material contractual duties, including those resulting from minor negligence.
Any strict liability prescribed by law, including in particular liability under the German Product Liability Act or liability for loss of life, personal injury or damage to health suffered by the user as a result of negligence shall not be affected by the above restrictions on liability.
NB: LIS does not provide any warranty that the information provided in the modules is complete and accurate.
10. Data protection
The protection and security of the personal data of our users is very important for us. All information regarding this matter may be found in the Privacy Statement for the SSO Service.
11. Amendments to the General Terms and Conditions of Usage
11.1 LIS reserves the right to amend the General Terms and Conditions of Usage at any time without stating reasons. In the event that the General Terms and Conditions of Usage are amended, the user must confirm these the first time he/she logs in after the amendment. Any further usage of the SSO Service will not be possible unless the new Terms and Conditions of Usage are confirmed and the user will lose access to the Liebherr portals along with the data that has been entered into or that may be consulted therein.
11.2 If the user fails to accept the amended Terms and Conditions of Usage, each party shall be entitled to terminate the Agreement concerning the usage of the SSO Service with immediate effect.
12. Concluding provisions
12.1 The contractual relationship with the user and these General Terms and Conditions of Usage shall be governed by and interpreted in accordance exclusively with the law of the Federal Republic of Germany. The provisions of German or European private international law or the UN Convention on Contracts for the International Sale of Goods shall not apply.
12.2 In the event that the user is a business operator or if the user is not ordinarily resident in Germany, exclusive jurisdiction over all legal disputes arising out of or in relation to this contract shall lie at the registered office of LIS. Under such circumstances, the place of performance for all rights and duties arising under this contractual relationship with the user shall be at the registered office of LIS.
12.3 Should any individual provisions of these Terms and Conditions of Usage be or become invalid and/or unenforceable, this shall not affect the validity of the remaining provisions. Any invalid and/or unenforceable provisions shall be replaced by way of supplementary contractual interpretation by such valid and enforceable provisions that are most suited to the achievement of the desired economic purpose, taking account of the interests of both parties. The same shall apply
mutatis mutandis for the filling of any gaps in these Terms and Conditions of Usage.
Status: January 2017