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Terms & Conditions

Terms and Conditions

1. General Provisions

1.1. Murat Can Türkmen, with the business address at Bennogasse 5/3/21, 1080 Vienna (“uLearn”, “we” or “us”), operates the online learning platform www.ulearn.at (“Platform”). On the Platform, various online courses as well as other digital services (“Services”) are offered after registration and conclusion of the associated free user agreement. These Services can be used by customers (“Customers”, “You” or “Your”) through the corresponding paid service contracts. The Platform is designed for enrolled students of Austrian higher education institutions (= (private) universities, universities of applied sciences, universities of teacher education).

1.2. These General Terms and Conditions (“GTC”) apply to any use of the Platform and our Services. In the event of conflicting or otherwise differing conditions of Customers, we hereby expressly reject them, and only our GTC shall apply unless we have explicitly agreed in writing to the validity of the conflicting or differing conditions.

2. Services and Usage Requirements

2.1. The Services offered by us, including their scope, content, and the associated fees, can be found on our Platform, where the Services and other relevant conditions are described in detail. We may impose participation restrictions at our discretion, which will be visible to you on the Platform or within the respective Services.

2.2. Our Services consist of digital content that can only be accessed online via the Platform. In particular, we provide different areas of knowledge for learning and self-study purposes (e.g., tax law, accounting, etc.).

2.3. To use the Services, you must establish and maintain certain technical requirements on your end. This includes having an internet-enabled device (e.g., mobile phone, computer, tablet), an up-to-date operating system, an uninterrupted internet connection, and the installation of a current internet browser. These technical requirements must be maintained throughout the entire duration of Service use; otherwise, the use of the Services may be restricted or impossible.

2.4. The Platform and our Services are subject to technical protection measures to prevent unauthorized use, particularly copyright infringements (see also section 9). If you violate these technical protection measures or attempt to circumvent them, we may exclude you from using the Platform and its Services.

2.5. We reserve the right to make changes to the Services (e.g., content adjustments) for objective or factual reasons, as well as to discontinue existing Services, introduce new Services, or shut down the entire Platform. Independently of this, if legal frameworks change on which our Services are based, we may adjust the Services or the Platform accordingly. In all such cases, we will inform you immediately of such changes. In these cases, you have the right to extraordinary termination in accordance with section 8.3.

3. Registration on the Platform

3.1. To use the Services, you must first complete a free registration using the online registration form provided on the Platform. Only after completing the registration can you book Services or courses (see section 4).

3.2. During registration, you must provide your full name, date of birth, your student ID number, your phone number, and email address, as well as create a password. If you are a business as defined by the Austrian Consumer Protection Act (KSchG), you must also provide your VAT identification number (collectively referred to as “Registration Data“). By registering, you confirm that you are at least 18 years old and have full legal capacity. To complete the registration, you must accept these GTC and the separate Privacy Policy, which is also available for review on the Platform.

3.3. Your completion of the registration process constitutes only an offer to enter into a contract, which remains binding for 14 days. We will then review your Registration Data and may conduct random verification checks (via phone call, email, or video chat), though we are not obligated to do so. If verification is required, you must provide proof of your Registration Data via an official photo ID or other official documentation if requested. If you fail to comply within seven (7) days, your offer is considered rejected, and no user agreement will be concluded.

3.4. Only after successfully completing our verification process will we send you a confirmation email to the email address you provided. Upon receipt of this confirmation email (including the GTC and Privacy Policy), a permanent user agreement is established between you and us. However, you have no entitlement to the conclusion of such an agreement, and we may refuse registration at our sole discretion.

3.5. After concluding the user agreement, you may log in to your account on the Platform using your email address and password and, where applicable, update or supplement your Registration Data. Any changes to your Registration Data must be reported to us immediately via email or updated independently on the Platform if possible. We reserve the right to modify the required Registration Data or Services on the Platform from time to time at our discretion, and we will inform you of such changes.

3.6. If your Registration Data is outdated or incorrect, or if we have reason to believe that it is outdated or incorrect, or if you refuse to provide proof as required under section 3.3, we may request you via email or the Platform to update/correct your information within a reasonable period. We may also temporarily or permanently delete your account and/or exclude you from using individual or all Services and terminate existing contracts (see also section 8.3). Individuals whose access has been revoked are prohibited from re-registering.

4. Booking of Services and Contract Formation

4.1. You can book the Services available on the Platform. By booking a Service, you are making a legally binding declaration of intent. A contract is concluded only when we confirm your booking by email.

4.2. The content, duration, and costs of the booked Services are visible on the Platform before booking. Any restrictions (e.g., participant limits) are also indicated.

4.3. The right to use the booked Service is personal and non-transferable. Your access data must be kept confidential and must not be shared with third parties.

4.4. The provision of Services depends on timely payment. If payment is not received, we reserve the right to refuse access.

5. Fees, invoice & payment terms

5.1. Unless otherwise stated, all prices on the platform are cash prices (including all taxes). The prices of the respective order day apply.

5.2. If you do not use the services for the entire period, no refunds (not even in aliquots) are possible. Only in the event of a legally effective extraordinary termination for an important reason in accordance with point 8.3. there is an aliquot refund of the fee (proportionate to the time already used compared to the total contract duration). Your statutory right of withdrawal (right of withdrawal) remains unaffected.

5.3. For individual services, we can also offer quantity-limited discounts (e.g. for early bookers or bookers several services), which we can unilaterally revoke at any time before the contract is concluded.

5.4. Together with the confirmation according to point 4.3. you will also receive the corresponding invoice for the fee that you have to pay or have already paid. Unless another payment term is stated on the invoice, the invoice amount is due immediately (free of charge and without deductions) for payment to the account specified on the invoice.

5.5. If you do not pay on time, we can charge a default interest of 4% p.a. In addition, we offset all costs incurred and necessary for appropriate legal prosecution, namely reminder fees, collection expenses and legal prosecution costs. A flat fee of € 5.00 is charged for each reminder.

5.6. You can only offset your claims against our claims if your claims (i) are legally related to our claim, (ii) have been legally established, (iii) have been expressly recognized by us in writing, or (iv) if we are insolvent.

6. Right of withdrawal

6.1. If you are a consumer within the meaning of KSchG, you have the legal right of withdrawal (right of withdrawal) for long-distance and out-of-town business. You have the right to cancel the concluded contract within fourteen calendar days from the day the contract was concluded without stating a reason.

6.2. In order to exercise the right of withdrawal (right of withdrawal), you (= uLearn, Mr. Murat Can Türkmen, Bennogasse 5/3 / 21, 1080 Vienna, telephone number: +43 699 150 93556, email: office@ulearn.at) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to cancel this contract. You can use the sample withdrawal form under point 6.5. use these terms and conditions, which can also be called up on our homepage (www.ulearn.at), but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.

6.3. Consequences of the cancellation: If you cancel the respective contract, we have to reimburse all payments we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of the contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

6.4. To clarify, it is stated that customers who are entrepreneurs within the meaning of KSchG have no right of withdrawal in accordance with point 6.

6.5. Sample withdrawal form (If you want to cancel the contract, you can fill out this form and send it to us)

To uLearn z.H.
Mr. Murat Can Türkmen
Bennogasse 5/3 / 21
1080 Vienna
Email: office@ulearn.at

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)

Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only for notification on paper)
date (*)

Delete where inapplicable.

7.Exceptions to the right of withdrawal

7.1. The consumer (= you) has no right of withdrawal for the order of digital content not stored on a physical data medium if the entrepreneur (= we) with the express consent of the consumer (= you) with the order has confirmed, provided that you have taken note of the loss of the right of withdrawal (right of withdrawal) when the contract was fulfilled early and received a copy or confirmation in accordance with Section 7 (3) FAGG.

7.2. According to § 7 Paragraph 3 FAGG, the consumer (= you) will receive a confirmation of the concluded contract on a permanent data medium (e.g. email) within a reasonable period after the contract has been concluded, but at the latest before the start of the service, with the 1 FAGG provided information provided that this information was not previously provided on a durable medium. In any case, the contract confirmation contains a confirmation of the consent to the immediate provision of the service and the knowledge of the consumer (= you) of the cancellation of the right of withdrawal.

8. Termination

8.1. The license agreement is concluded for an unlimited period. A proper termination of the usage contract is generally possible with a notice period of two weeks at the end of the month, as long as there are no valid service contracts. However, as long as service contracts have already been concluded within the framework of the usage contract and are upright, a proper termination of the usage contract is not possible. The right to immediate extraordinary termination for an important reason remains unaffected.

8.2. The respective service contracts are concluded for a limited period. The ordinary termination of the respective service contract is excluded. The right to immediate extraordinary termination for an important reason remains unaffected.

8.3. An important reason for us to terminate the contract immediately is if you do not meet your payment obligations, violate the copyright provisions in point 9 or violate your obligations in accordance with point 12. An important reason for you to terminate immediately is if we discontinue any or all of the booked services or the operation of the platform, or if our services within the meaning of point 2.5. to change.

8.4. In the event of a legally effective extraordinary termination for an important reason, we will transfer the fees paid by you – in the part amount corresponding to the time of termination (e.g. 50% replacement upon termination after fifteen days of use with a total of possible thirty days of use) – to that account or in the manner and refund the way the deposit was made.

9. Copyrights

9.1. The platform, the content of the services (e.g. tests, graphics, text blocks, etc.), the content of the documents made available to the services as well as other materials provided are protected by copyright and only for your personal use in accordance with the provisions in these terms and conditions certainly. In this regard, you will receive a non-exclusive, personal, non-transferable license that is limited in time according to the respective service contract for the mere use and viewing of the services on the platform. Any other use or exploitation, in particular duplication, distribution, translation, editing or passing on to third parties – also in parts or revised form – is prohibited without our prior written consent. Without our prior written consent, you are particularly prohibited from making recordings of the content of the services, in particular audio, photo or video recordings or screenshots.

9.2. We reserve the right to violate point 9.1. expressly assert the statutory and contractual claims and rights, in particular claims for damages and injunctive relief.

9.3. We make sure that our services do not violate third party property rights. Should you nevertheless become aware of an infringement of property rights, you must immediately inform us of this infringement of property rights, allow and authorize us to carry out all necessary countermeasures or settlement negotiations and provide every reasonable assistance in the defense or fulfillment of the claim. You may not acknowledge the claims of third parties without our express written consent.

10. Data protection

We collect, process and use personal data in accordance with the regulations in the separate data protection declaration. Click here to view data protection.

11. Warranty & liability

11.1. Basically, the legal warranty regulations according to §§ 922ff ABGB apply to our platform and the provision of our services.

11.2. The platform and the services offered are offered subject to availability. We do not guarantee that the services meet your personal requirements and are available at all times without interruption, safely and without errors.

11.3. We also accept no liability or guarantee for a specific individual learning success or the achievement of a personal (learning) goal.

11.4. We are only liable for damage that we caused intentionally or through gross negligence. In the event of slight negligence, our liability is excluded – with the exception of personal injury. In particular, this exclusion of liability applies to damage to property or financial loss incurred, regardless of whether it is indirect or direct damage, consequential damage caused by a defect, damage due to delay or impossibility. In the event of slight negligence, the injuring party must prove that it is not grossly at fault (gross negligence and / or intent).

11.5. In all cases, our liability is limited to the amount of the service fee charged for the service concerned. In the case of several affected services, the sum of the service fees of the respective affected services is the limit of liability.

11.6. We assume no liability for the accuracy, timeliness and accuracy of the information on our platform, which may vary in individual cases despite careful preparation. Furthermore, we also accept no liability for any links to external websites on our platform that are operated by third parties.

11.7. Insofar as our liability is limited or excluded, this also applies to our employees, workers, contractors, representatives or vicarious agents.

12. Your duties

12.1. You are obliged to keep the login data (e-mail address and password) required to use the platform secret, to keep them protected and to take appropriate precautions to prevent unauthorized access by third parties. You are only obliged to use your login data personally and not to pass them on to third parties or to disclose them. The use of login data for several users is not permitted.

12.2. You are responsible for all actions taken using your account / password. You are obliged to inform us immediately of any improper use of the password or the services as well as of any other violations of legal regulations or provisions of the General Terms and Conditions or the data protection declaration that you have become aware of. For your own security, you must ensure that you log out each time you use the platform. We exclude any liability for damage or loss resulting from non-observance of this regulation.

12.3. You are prohibited from advertising on the platform for your own or third-party offers or other services.

12.4. You undertake not to transmit any offensive, racist, glorifying violence, discriminatory, suggestive, offensive, pornographic, immoral or criminally relevant content (texts, photos, links, etc.) to the platform. If we are claimed for such violations, release us from these claims including the necessary legal costs

12.5. In the event of violations of one or more provisions of the terms and conditions, in particular violations of payment obligations, we are entitled to temporarily or permanently exclude you from the use of any or all of the services, without prejudice to the assertion of further rights or claims.

13. Final provisions

13.1. Only substantive Austrian law is applicable to the contractual relationship, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and national and supranational reference standards. If you are a consumer who is habitually resident in the EU, you also enjoy the protection of the mandatory provisions of the law of your country of residence.

13.2.The place of jurisdiction for legal disputes arising from or in connection with the concluded contract, including the question of whether it comes into existence and its pre- and after-effects, is exclusively the court with jurisdiction for the 1st district in Vienna. For lawsuits against consumers within the meaning of KSchG who are resident or habitually resident in Austria or who are employed in Austria, the place of jurisdiction applies, in the district of which the consumer has his domicile, habitual residence or place of employment.

13.3. In the absence of a different written agreement with us, claims and rights from you and in connection with the concluded usage contract or service contract are not transferable to other persons or third parties.

13.4.Due to a legal obligation, we inform you that an online dispute resolution platform has been set up at the European Commission to resolve disputes arising from online service contracts at the following link https://ec.europa.eu/odr. Please note that we do not participate in this European online dispute resolution platform or in the national alternative dispute resolution (internet ombudsman, etc.).

13.5.We reserve the right to make changes to our platform and these terms and conditions at any time. The general terms and conditions that apply at the time you submit the offer apply to your contract, unless a change to the general terms and conditions is required by law or due to an official order (in this case, they also apply to contracts that you previously signed have made).

13.6.If a provision of the contract or the general terms and conditions should be or become ineffective and / or incomplete, a legally valid provision that comes closest to the economic effects will take the place of the ineffective or incomplete provision. The ineffectiveness or incompleteness of one provision does not affect the validity of the other provisions.

As of April 14, 2021

Terms & Conditions

Terms and Conditions

Data Protection

Data Protection

Data Protection