Last updated: April 2022
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 easily accessible to all users. We enable learners to fully realize their potential and ensure that all users can dynamically adapt to new requirements and needs in the job market. In this way, we support the development of each learner and promote the sustainable development of our society.
Terms and Conditions (T&C) of NU Technology AG
Scope and Terms
The following Terms and Conditions (T&C) govern the legal relationships between the user on www.nu.education and NU Technology AG (hereinafter referred to as NU). The T&C apply to the use of the e-learning HUB platform (hereinafter referred to as the PLATFORM), particularly for accessing and retrieving multimedia content and for all other services and products offered by NU or third parties on the PLATFORM. By using the PLATFORM or any other service from NU, the user agrees to the following terms. In case of doubt or discrepancies in different versions of these T&C (translations exist in French, Italian, and English), the German version shall prevail. Users include all visitors to the PLATFORM, especially providers and consumers. Providers are those who upload multimedia content to the PLATFORM. Consumers are those interested in the providers' multimedia content. Unless otherwise specified, these T&C replace all previous oral or written agreements, negotiations, correspondence, obligations, and communications between the parties and definitively regulate the relationship entered into with the contract between the parties (between NU and providers, and between NU and consumers). However, separate agreements between NU and consumers remain reserved and apply in addition to these T&C. If any provisions of these T&C are found to be invalid or unenforceable, the validity of the remaining provisions remains unaffected. Invalid or void provisions are to be replaced with effective ones that come closest to their economic purpose. The same applies if a contractual gap arises or a provision proves unenforceable.
Service Offerings
Providers can place offers in the form of multimedia content (hereinafter referred to as learning modules), such as online courses, workshops, or language training, on the PLATFORM, and consumers can search for and purchase these offers at the specified price. Only educational multimedia content is allowed as offers for the PLATFORM. These are stored by NU on servers of infrastructure partners and kept ready for retrieval via the PLATFORM. Additionally, NU provides its own or third-party acquired content and information on the PLATFORM, which may change over time. It is always clear if this content and information come from NU or third parties. All other content and offers on the PLATFORM come from the providers. All rights to the software and other works, services, processes, equipment, designs, technologies, trademarks, in any connection with the PLATFORM, and particularly the content and information provided by NU or third parties, remain with NU or the third parties. The PLATFORM and the content and information provided by NU are made available to users for private personal use, sometimes free of charge and sometimes for a fee. Any further utilization, particularly the re-publication or making accessible of the content and information provided by NU or third parties, is prohibited for users. Likewise, any commercial and other further utilization and use of the offers published on the PLATFORM by providers, alone or in parts, is reserved for the providers unless otherwise stated in these T&C. The provider grants NU the right to pursue any exploitation of their offers that violates these provisions.
NU's Role towards Users
NU itself is not the provider of the services and/or products offered; it merely provides the PLATFORM for consumers and providers, except for NU's own services and/or products, which are accordingly marked. Given the fundamental brokerage activity, NU is not a contracting party for orders and offered and sold services and/or products processed via the PLATFORM; a contractual relationship in this regard arises solely between the provider and the consumer.
4. Platform
The technical access to the PLATFORM is via network operators chosen by the user and special browser software obtained by the user via the internet from third parties and is not the responsibility of NU. Some parts of the service offering are only accessible after prior registration or identification of the user. The user's registration is done through a username and a password, which they use to identify themselves at each login. These are to be treated confidentially by the user and protected from misuse by third parties in an appropriate manner. NU reserves the right to adapt and change the PLATFORM, including all functionalities and content, at any time in line with technical developments and market standards. Such changes can be enforced by NU at any time. The PLATFORM is generally available 24 hours a day. However, NU cannot guarantee minimum availability. NU reserves the right to discontinue the functionalities and services of the PLATFORM in whole or in part. Especially in cases of suspected non-contractual, illegal, or immoral use of the PLATFORM by users, NU can delete the relevant content and accounts without notice and without giving reasons. In the event of changes, interruptions, discontinuations of functionalities and services of the PLATFORM, and deletions of content, the user has no right to withdraw from the contract and/or reduce or reclaim payments or claim damages.
Service Fee for Providers
Using the PLATFORM as a provider is subject to a fee. The ongoing operation, further development, and availability of NU for providers and consumers are financed through these fees. The fees are determined individually and are specified in a separate agreement between NU and the provider. All order processes are recorded by NU in a database and evaluated at the end of the month. Additionally, the consumers who have recorded order processes for their products are informed at the end of the month and receive their payment quarterly minus the service fee. For the quarterly payment to the consumer, current account information must be provided to NU. The consumer is responsible for keeping this information up to date. If the account data are no longer valid or have changed, the consumer must inform NU immediately. If this results in a delay in payment by NU to the consumer, default interest or damage claims are excluded.
Payment Terms for Consumers
The consumer can make the payment using the payment options available on the PLATFORM, such as credit card, PayPal, Twint, Apple Pay, direct debit, or invoice. The account is debited immediately unless the invoice option (payment term of 30 days) is selected. If the debit from the chosen payment option fails for reasons attributable to the consumer (e.g., insufficient funds, unauthorized chargeback, incorrect account number entry), NU will charge the consumer for the costs incurred. If the consumer does not meet their payment obligations, NU reserves the right to temporarily or permanently block access until full payment is made. Once all outstanding amounts have been paid in full, any block will be lifted.
Uploading 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 grants approval by submitting their learning module. NU reserves the right to request changes to the learning modules at any time or to reject or delete learning modules without giving reasons. Learning modules that could be considered illegal or violate third-party rights according to NU's sole discretion may not be published and can be deleted. By uploading to the PLATFORM, the provider allows NU to integrate the learning modules on the PLATFORM and in online and other own or third-party services, use and evaluate them for its marketing and other purposes, or publish and make them accessible to third parties in other ways, particularly by distributing and publishing them on other channels (e.g., in social media channels or mobile portals).
Order Process for Consumers
The PLATFORM offers consumers numerous learning modules with various educational content topics from providers independent of NU. Price and assortment changes as well as technical or content changes or adjustments by the providers remain reserved. NU and the providers strive to provide all information on the PLATFORM correctly, completely, up-to-date, and clearly, but neither NU nor the providers can guarantee this explicitly or implicitly. All offers on the PLATFORM are non-binding and are not to be understood as binding offers from the providers. NU and the providers cannot guarantee that the listed learning modules are available at the time of the order. Therefore, all availability information is without guarantee and may change at any time without notice.
Providers' Responsibility
Providers on the PLATFORM are obliged to keep the learning modules up to date to the best of their knowledge. They are also responsible to NU and any other third party for the content of their learning modules and all other data uploaded via upload. The captured and published learning modules and associated information and other data must be complete and true in fact and law and must not violate any legal provisions or third-party rights. Since the data are transmitted automatically, the provider is fundamentally responsible for checking after each transmission (upload). If there are differences between the upload and the final presentation on the PLATFORM, NU provides suitable means (email, logs, online administration) for this.
Exclusion of Warranty and Liability
NU excludes, to the extent permitted by law, any 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. A further mandatory legal liability remains reserved, namely for gross negligence or unlawful intent or personal injury.
Additionally, NU uses hyperlinks for the customer's simplified access to other web offers. NU can neither know the content of these web offers in detail nor assume any liability or other responsibility for the contents 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 acts solely as an intermediary. The respective 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.
Further restrictions apply as follows:
The user uses the PLATFORM at their own risk. The services of the PLATFORM are provided "as is" and "as available," without express, implied, or statutory warranty or guarantee from NU.
The user explicitly acknowledges and agrees that NU is under no obligation to implement any suggested requests or change requests or individual adaptation requests regarding the PLATFORM.
Buyers explicitly acknowledge and agree that there is no claim to "goodwill" or consideration towards NU for the revenue volume generated by the buyer on the PLATFORM.
NU does not guarantee that the PLATFORM and/or the website will function uninterrupted, timely, secure, or error-free.
NU does not promise that the results, especially learning progress, that can be achieved using the PLATFORM will occur.
NU does not promise that requests or change requests or individual adaptation requests regarding the PLATFORM's software (e.g., new modules/services, without additional compensation) will be implemented.
This disclaimer also extends to any subsidiary and branch companies of NU as well as its partners, directors, officers, employees, and agents.
11. Costs
NU publishes the applicable services and prices on the PLATFORM or communicates them directly to the users. All prices are exclusive of statutory VAT, unless expressly stated otherwise. Prices for chargeable services are due immediately unless a payment term is specified. When paying by invoice, NU grants a payment term of 30 days from the invoice date. Users who do not pay on time automatically default without a reminder. In the event of default, NU is entitled to suspend the provision of services without notice and to engage third parties to collect the debt or assign claims to third parties at the users' expense. In the event of default, NU is entitled to charge a default interest rate of 5.0% and a flat administrative fee of CHF 20.00 per reminder. Users cannot offset claims against NU with their claims.
Deletion of the Account
Users can delete their account on the PLATFORM at any time by sending an informal request for account deletion to info@nu.education. Typically, it takes 7-10 days from the receipt of the email for the account to be closed and thus deleted.
The payment obligation remains unaffected by such deletions, meaning that already ordered services must be paid for despite deletion, and no refund is made for unused services.
After deletion, NU is entitled to delete the data completely in accordance with the privacy policy.
13. Cyberrisiken
Due to the encryption used, it is generally impossible for unauthorized persons to view confidential data. Nevertheless, even with security measures that correspond to the latest state of the art on both the PLATFORM side and the user side, absolute security cannot be guaranteed. The user's device or network interacts as a system component with the PLATFORM's systems but is outside NU's control, and in particular, the user's device or network can become a system vulnerability.
The user specifically acknowledges the following risks:
Inadequate system knowledge and insufficient security precautions can facilitate unauthorized access (e.g., inadequately protected data storage on the hard drive).
There is a constant risk that computer viruses will spread 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 inform themselves about the necessary security precautions.
It is important that the user only works with software from trusted sources.
It is possible that a third party may gain unnoticed access to the user's computer during internet use.
14. Data Protection
The user explicitly agrees that NU stores and possibly processes the data received about the user within the business relationship. Customer data is collected, processed, and used by NU in accordance with Swiss data protection laws and exclusively in connection with the PLATFORM. They are not passed on to third parties. NU takes appropriate measures regarding data security but is not liable for damages (including data loss). Otherwise, the "NU Data Protection Regulations" apply.
Copyright and Rights to Data
All content contained or provided through the PLATFORM, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data collections, is the property of NU or third parties and is accordingly protected. 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 without the express written consent of NU (whether once or multiple times).
Applicable Law and Jurisdiction
Swiss law exclusively applies to disputes arising from these terms and conditions. The place of jurisdiction is Zurich. NU is also entitled to take legal action against the user at their place of residence. The language of the dispute is German.