Last updated: November 2022
General Terms and Conditions
Our software enables users to acquire and develop knowledge, skills, and competencies.
We promote lifelong learning and offer a learning platform where certified courses and digital learning materials are made easily accessible to all users. We enable learners to develop their full potential and ensure that all users can dynamically adapt to new requirements and needs in the labor market. In this way, we support the development of every learner and promote the sustainable development of our society.
General Terms and Conditions (T&Cs) of NU Technology AG
1. Scope of application and definitions
2. Service offering
On the PLATFORM, providers can place offers in the form of multimedia content (hereinafter referred to as learning modules), such as online courses, workshops or language training courses, etc., and customers can search for these offers and purchase them at the specified price. Only multimedia contents concerning education are permitted as offers for the PLATFORM. Diese werden von NU auf Servern von Infrastrukturpartnern gespeichert und via PLATTFORM abrufbereit gehalten.
These are stored by NU on servers of infrastructure partners and kept ready for retrieval via the PLATFORM. In addition, NU makes available on the platform its own content and information or content acquired from third parties, the subject matter and scope of which may change over time. It is recognizable in each case if these contents and information originate from NU or from third parties. All other contents and offers on the PLATFORM originate from the providers.
All rights to the software and other works, services, processes, equipment, designs, technologies, trademarks, which are in any way related to the PLATFORM and in particular to the content and information provided by NU or third parties, remain with NU or the third parties.
The PLATFORM and the own contents and information provided by NU are made available to the users for private personal use partly free of charge and partly against payment. Any further use, in particular the republication or making available of the contents and information provided by NU or third parties is prohibited to the users. Likewise, any commercial and other further exploitation and use of the offers published on the PLATFORM by the providers alone or parts thereof is reserved for the providers, unless otherwise stated in these T&Cs. The provider transfers to NU the right to prosecute any exploitation of his offers that violates these provisions.
3. The role of NU towards the users
NU itself is not the provider of the services and/or products on offer, but merely provides the PLATFORM between the customer and the provider; unless these are NU’s own services and/or products, which are then marked accordingly.
In view of the basic mediation activity, NU is not a contractual partner in the orders processed via the PLATFORM and offered and sold services and/or products; a contractual relationship arises in this respect only between the provider and the customer.
Technical access to the PLATFORM is provided by means of the network operator selected by the User and special browser software obtained by the User from third parties via the Internet and is not the responsibility of NU.
Parts of the service offer are only accessible after prior registration or identification of the user. The log-in of the user takes place by means of a user ID and a password, with which he/she identifies himself/herself at the time of log-in. These are to be treated confidentially by the user and protected from misuse by third parties in an appropriate manner. The user is responsible for ensuring that the personalised login is only used on devices that the user is familiar with. In addition, the following applies: one login per user – multiple use of a login by several users is not permitted. In this case, these T&Cs are not applicable and shall be regulated separately by contract (keyword: “superuser”).
NU reserves the right to adapt and change the PLATFORM including all functionalities and contents at any time within the scope of technical developments and market practice. Such changes can be put into effect by NU at any time.
The PLATFORM is generally available 24 hours a day. However, NU cannot guarantee a minimum availability. NU reserves the right to discontinue functionalities and services of the PLATFORM in whole or in part. Especially in case of suspicion of non-contractual, illegal or immoral use of the PLATFORM by the users, NU may delete the respective contents and accounts without notice and without giving reasons.
In case of changes, interruptions, adjustments of functionalities and services of the PLATFORM and deletions of contents, the user has no right to withdraw from the contract and/or reduction or reclaim of remuneration or compensation.
5. Service charge for providers
The use of the PLATFORM as a provider is subject to a fee. The ongoing operation, further development and availability of NU for the providers and buyers are financed by these fees. The fees are determined individually and are defined in more detail in a separate agreement between NU and the provider.
All order transactions are recorded by NU in a database and evaluated at the end of the month. In addition, the customers who have recorded order transactions for their products are informed at the end of the month and receive their payment less the service fee on a quarterly basis.
For the quarterly payment to the customer, NU must have current account information on file. The customer is responsible for keeping this information up to date. If the account information is no longer valid or has changed, the Customer shall inform NU immediately. Should this result in a delay in payment by NU to the Customer, interest on arrears or claims for damages are excluded.
6. Terms of payment for customers
The customer can make the payment with the payment options provided on the PLATFORM, e.g. by credit card, PayPal, Twint, Apple Pay, direct debit or invoice. The account will be debited immediately, unless the invoice option (payment period of 30 days) has been selected.
If for reasons for which the Customer is responsible (e.g. lack of funds, unauthorized chargeback, incorrect entry of the account number) the debit from the selected payment option should fail, NU will invoice the Customer for the costs incurred as a result. If the Customer does not meet the payment obligations, NU reserves the right to temporarily or permanently block access until full payment has been made. With full payment of all outstanding invoice amounts, any blocking will be lifted again.
7. Activation of learning modules
The provider uploads the learning modules electronically on the PLATFORM. Ownership of the uploaded texts, works and images remains with the provider. The provider gives the “approval for printing” with the sending of his learning module. NU reserves the right to demand changes to the learning modules at any time or to reject or delete learning modules without giving reasons. In particular, learning modules cannot be published or deleted if, in NU’s sole discretion, they could be considered illegal or violate the rights of third parties.
With the placement on the PLATFORM, the provider allows NU to integrate the learning modules on the PLATFORM as well as in online and other own or third party services, to use and evaluate them for own marketing and other purposes or to publish them in other ways and to make them accessible to third parties and to pass them on, in particular also to distribute and publish them on further channels (e.g. in social media channels or mobile portals).
8. Ordering process of the customers
The PLATFORM offers numerous learning modules with various topics with educational content from providers independent of NU for the purchasers. Price and product range changes as well as technical or content-related changes or adjustments by the providers are reserved. NU as well as the providers make every effort to provide all data and information on the PLATFORM correct, complete, current and clear, but NU and the providers can neither explicitly nor implicitly guarantee this.
All offers on the PLATFORM are subject to change and are not to be understood as a binding offer by the providers.
NU and the providers cannot guarantee that the listed learning modules are available at the time of the order. Therefore, all information on availability is without guarantee and may change at any time and without notice.
9. Responsibility of the providers
The providers on the PLATFORM are obliged to keep the learning modules up-to-date to the best of their ability. In addition, they are responsible to NU and any other third party for the content of their learning modules and for all other data entered by them and posted via upload. The recorded and published learning modules and the associated information and further data must be factually and legally complete and true and must not violate any legal regulations or rights of third parties.
Since the data is transmitted automatically, the provider is basically responsible for the control after each transmission (upload). If there are differences between the upload and the final presentation on the PLATFORM, NU will provide suitable means for this (e-mail, logs, administration online).
10. Exclusion of warranty and liability
NU excludes, to the extent permitted by law, all liability, regardless of its legal basis, as well as claims for damages in connection with the use of the PLATFORM and/or the Website and/or any auxiliary persons and/or vicarious agents.
Any further mandatory legal liability remains reserved, namely for gross negligence or unlawful intent or personal injury.
Furthermore, NU uses hyperlinks for the simplified access of the customer to other web offers. NU can neither know the content of these web offers in detail, nor assume liability or other responsibility for the content of these websites. This also applies to documents linked by providers in the learning modules.
NU is not a contracting party regarding the sale or offering of the learning modules, but merely an intermediary. The corresponding contract arises exclusively between the providers and the buyers. Accordingly, NU assumes no responsibility or liability in connection with the products or the transfer of ownership thereof.
Furthermore, the following restrictions apply:
- The user uses the PLATFORM at his own risk. The PLATFORM services are provided “as is” and “as available” without any express, implied or statutory warranty or guarantee on the part of NU.
- The User expressly acknowledges and agrees that NU is under no obligation to implement any requests for modifications or customization of the PLATFORM.
- Customer expressly acknowledges and agrees that there is no right to goodwill or consideration from NU for the volume of sales generated by Customer on the PLATFORM.
- NU does not guarantee that the PLATFORM and/or the Website will be uninterrupted, timely, secure or error-free.
- NU does not guarantee that the results, in particular learning progress, that can be achieved with the use of the PLATTFORM will occur.
- NU does not guarantee that wishes or change requests or individual adaptation requests around the PLATTFORM software will be realised (e.g. new modules/services, without additional remuneration).
This disclaimer exempts not only NU but also all subsidiaries and branches of NU as well as its partners, directors, officers, employees and representatives.
NU publishes the respective applicable services and prices on the PLATFORM or states them directly to the users. All prices are exclusive of statutory value added tax, unless expressly stated otherwise.
The prices for chargeable services are due immediately, unless a payment deadline is specified. In the case of payment on account, NU grants a payment period of 30 days from the invoice date. Users who do not pay on time are automatically in default without a payment reminder. In case of default, NU is entitled to stop the provision of services without prior notice as well as – in each case at the expense of the User – to commission third parties with the collection or to assign claims to third parties. In case of default, NU is entitled to charge a default interest of 5.0 % and to charge a flat-rate handling fee of CHF 20.00 per payment reminder. Users may not offset claims against NU against its claims.
12. Cancellation of the account
Users can delete their account on the platform at any time. All that is needed is an email to email@example.com with an informal request to delete the account As a rule, it takes 7-10 days from the receipt of the e-mail until the account on the PLATFORM is closed and thus deleted.
The payment obligation remains unaffected by such deletions, i.e. services already ordered must be paid for despite deletion or there will be no refund for services not used.
13. Cyber risks
Due to the encryption used, it is generally not possible for unauthorized persons to view confidential data. Nevertheless, even with state-of-the-art security precautions, both on the part of the PLATFORM and on the part of the user, absolute security cannot be guaranteed. The end device or the network of the user interacts as a system part with the systems of the PLATFORM, but is outside the control of NU and in particular the end device or the network of the user can become a weak point of the system.
The User acknowledges the following risks in particular:
• Insufficient knowledge of the system and lack of security precautions may facilitate unauthorized access (e.g. insufficiently protected storage of data on the hard disk). There is a constant risk of computer viruses spreading on the computer. The use of anti-virus programs can reduce the risk and is recommended to the user. It is the user’s responsibility to be fully aware of the necessary security precautions.
- It is important that the user only works with software from a trusted source.
- It is possible for a third party to gain unnoticed access to the user’s computer while using the Internet.
14. Data protection
The User expressly agrees that NU may store and, if necessary, process data received from the User within the scope of the business relationship. Customer data is collected, processed and used by NU in accordance with the provisions of the Swiss Data Protection Act and exclusively in connection with the PLATFORM. They will not be passed on to third parties. In particular, NU takes appropriate precautions regarding data security, but is not liable for damages (including data loss). In all other respects, the «NU Data Protection Provisions» apply.
15. Copyrights and rights to data
All content contained on or provided through the PLATFORM, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations, is the property of NU or third parties and is protected accordingly. The content may not be used without the written consent of NU or the third parties.
The User may not systematically extract and/or reuse parts of the PLATFORM without the express written consent of NU. In particular, the User may not use data mining or similar data collection and extraction programs to extract any substantial parts of the PLATFORM for reuse (whether on a one-time or multiple basis) without the express written consent of NU.
16. Applicable law and place of jurisdiction
Disputes arising from these T&Cs shall be governed exclusively by Swiss law. The place of jurisdiction is Zurich. NU is also entitled to sue the User at his place of business/residence. The language of dispute is German.