Terms of use

1. scope and subject of the terms of use

The Lumturo Academy Terms of Use are an integral part of all services, offers and products provided by Lumturo AG, Lumturo Academy and all other divisions of Lumturo (hereinafter “Lumturo”) as well as for all its contractual partners such as direct customers, users, educational institutions (hereinafter “Clients”). Deviating regulations are only valid if they have been expressly agreed in writing between Lumturo and the client. Lumturo does not accept any special or general contractual conditions that contradict these conditions and are not valid in the relationship between Lumturo and the client.

Lumturo operates a platform (the “Lumturo Academy”) on which offers in the field of personal and professional development can be accessed. The offers available on the platform are provided by Lumturo itself or by third parties for a fee.

2. general terms of use

The contents of the Lumturo offers are protected by copyright. The reproduction, modification, distribution or storage of information or data, in particular of videos, texts, parts of texts, interactive applications or image material – even in part – requires the prior written consent of Lumturo. The Online offer may not be used under any circumstances and for any purpose.

Lumturo’s offers are subject to strict data protection requirements, which are explained in the privacy policy. Acceptance of the Privacy Policy is part of this Terms of Use.

Lumturo is not liable if third parties assert claims against the user due to “embedding”.

Modifications to the player provided by Lumturo are not permitted. Any integration of videos from Lumturo is expressly prohibited. The user may not make any commercial use or derive any direct or indirect financial benefit (advertising, sponsorship, subscription, etc.) from the content. Likewise, the use for teaching, educational purposes, training and other forms, even in part, is strictly prohibited.

3. registration, termination and liability

Registration for Lumturo’s services is subject to a fee. It can be terminated at any time. Lumturo is entitled to refuse admission to membership or to suspend or terminate membership without notice. You will remain liable for unauthorized third-party use until you notify Lumturo by email of the unauthorized use and immediately change the password.

The offer is primarily aimed at adults who understand and know how to apply the rules, terms of use and guidelines based on their ability to understand. In addition to respecting and preserving the rights of other users, Lumturo reminds in particular that one’s own personality as well as the personality rights of others can be protected by not making personal data public, or by doing so only very sparingly.

4. access to the offer

The use and application of the online learning platform is only permitted for personal use. The transfer of access data and teaching materials to third parties is not permitted. The Client undertakes not to make its user account and access data available to other persons and to keep them safe from access by third parties. The client is liable for the proven damage resulting from non-compliance or wantonness.

4.1. Technical access

Technical access to the platform is provided by means of network operators chosen by the user and special software obtained by the user from third parties via the Internet and is not the responsibility of Lumturo. Parts of the service offer are only accessible after prior registration or identification of the user.

4.2. Access authorization

There is no entitlement to registration or use of the platform. Users are obliged to provide truthful information. The correct personal data (first name, last name, residential address, date of birth, telephone number) and valid e-mail address, to which the user is entitled, must always be provided. The user is obliged to keep his data up to date at all times. This is to ensure that the services of the platform can be provided properly. Should this not be possible due to false information provided by the user, any liability of Lumturo is excluded and the user account may be deleted without notice.

It is expressly forbidden to make misleading or abusive statements. A profile is personal and non-transferable. A user may register only once.

In particular, in the event of multiple registrations or if there is suspicion of non-contractual, unlawful or immoral use of the platform by the user, Lumturo may immediately delete the relevant content and accounts without notice and without giving reasons. In this case, the user has no right to a refund.

The user logs in with a user ID and a password, with which he/she identifies himself/herself during the login process. The login data must be treated confidentially by the user and protected from misuse by third parties in an appropriate manner.

4.3. Interactive functions

Lumturo’s platform provides you with various interactive features that require personal registration. The terms of use displayed here apply to the following functions:

• Chats
• News
• Forums
• Groups
• Comments
• Analysis and test applications
• E-mail
• Courses

5. duties of the user

You undertake to transmit only data that is in compliance with the Swiss legal system. It is not allowed to express illegal, offensive or discriminatory content in the offers of Lumturo. Users who violate this will be prohibited from using our comment, chat functions. In addition, users who communicate pornographic content or inflammatory slogans in chat or comments can also be prosecuted.

All participants are responsible for the content they publish and distribute in the community, such as text, data, software, music, links, graphics, photos.

You may not register under multiple different usernames in order to impersonate multiple identities or use nicknames that refer to or disparage existing usernames, persons or organizations.

6. rules for comments

The contributions published in the comments are not subject to censorship. The aim is to stimulate the free exchange of opinions, information and ideas. All participants are free to express their opinions to the extent permitted by law.

Comments will be reviewed by Lumturo staff or third parties to ensure that a discussion is conducted according to our rules. Contributions that violate our rules may be shortened or deleted. Participants are not entitled to the publication of an article.

Lumturo reserves the right to close comment areas if support from the editorial team or an expert is no longer guaranteed. There is no right to keep a comment area open.

In the interest of most users, Lumturo makes it a requirement that all published articles be in German or English. Lumturo reserves the right to delete contributions in other languages without checking the content.

7. rules for chats, forums, groups

Lumturo is basically obliged to moderate. The above functions are supervised by Lumturo staff (moderators). In order to ensure an orderly discussion, Lumturo is authorized to select posts or questions addressed to users.

However, in order to make the functions as good and pleasant as possible for all participants, we also need your cooperation. Please always behave politely and considerately towards the other user. What is written can often be misunderstood and may not have been meant that way.

In the interest of most users, Lumturo makes it a requirement that all published articles be in German or English. Lumturo reserves the right to delete contributions in other languages without checking the content.

8. copyrights and property rights of third party content

All materials, such as videos, texts and images, are subject to ancillary copyrights or are copyrighted in favor of third parties. This without exception.

As a registered client, you have an obligation to protect the rights of others. If you distribute content protected by intellectual property rights in publicly accessible areas Lumturo, you are deemed to have guaranteed that the right holder has fully and effectively granted all necessary rights, i.e. that he has effectively and irrevocably granted you the exclusive or non-exclusive right, unlimited in time and space and free of charge, to feed this content into the Lumturi offer for use, imitation, modification, editing as well as publication, translation, worldwide distribution and connection with other content.

With the feed, you yourself or on behalf of the right holder grant Lumturo the non-exclusive right to distribute, modify, edit, publish or translate this content without any temporal or spatial restrictions. The granting of rights includes at the same time the right to integrate the fed-in content into other content of any form. You provide the rights of use free of charge.

9. deletion of contributions

Lumturo removes or edits contributions that violate Swiss law in word and/or image. In addition to violations of the protection of minors in the media, these include in particular violations of criminal and/or broadcasting law provisions of the Swiss Confederation, the dissemination of pornographic or politically radical content or of contributions that offend common decency, pursue illegal purposes or are of an obscene or harassing nature. For example, the following behaviors are expressly prohibited:

• Incitement of the people, harassment and offensive communication content
• Identity deception, which includes, for example, using official or official names, impersonating another person or entity, or when a member impersonates a Lumturo employee or host or appears under a different name.
  • This applies in particular to the selection of user names or member profiles as well as dialogs in the various functions.
• Chain letters and pyramid schemes. their transmission or dissemination is also not permitted in the chat and in comments. In addition, certain chain letters and pyramid schemes are illegal.
• Publication of contributions that have no connection with the topic or theme of the site. Such posts may be edited, shortened or deleted by Lumturo.
• Contributions that are not written in German or English can be deleted without checking the content.

10. changes, interruptions and discontinuation of the platform

Lumturo 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 may be put into effect by Lumturo at any time.

The platform is basically available 24 hours a day. However, Lumturo cannot guarantee minimum availability. Lumturo reserves the right to discontinue functionalities and services of the Platform in whole or in part, without notice or replacement.

11. prices and service description

Unless otherwise stated, the prices are as per the invitation to tender. Unless otherwise specified, offers remain published until revoked. Offers with a defined access duration, maximum quantity or expiry time (e.g. access duration for eLearnings, maximum number of downloads and individual events and training courses) are automatically deleted or archived.

11.1. Offer booking

The offers published on the platform can be booked by the user partially directly or bindingly after reconfirmation. In the case of a booking, payment for the training is made either by means of online payment or, in the case of payment on account, by Lumturo issuing an invoice to the user. Provides

If Lumturo offers online payment (and the user opts for this option), payment is made during the booking process by means of a secure online payment (within the scope of the payment options offered by the bank of the requesting party).

service offered). The payment process is secure from the credit/debit card or bank account of the requestor to Lumturo’s bank account via a third-party payment processor.

12. evaluation of offers

The platform offers the possibility to rate the further education offers. Only Users who have used an Offer and, in the case of a Course, attended and completed it, may be invited by Lumturo to comment on the Offers they have used and provide a rating for certain aspects.

The submitted rating can be uploaded to the corresponding information page on the platform. This serves exclusively to inform other users about the offer. In addition, the delivered

Assessment may be used at Lumturo’s discretion (in whole or in part) for marketing, advertising, or to improve the Service, on the Platform, in social media platforms, and in the Newsletter. Users grant Lumturo an exclusive, royalty-free, perpetual, transferable, irrevocable and unrestricted sublicensable right to use all information published on the Platform for the purpose of

Use of the published reviews in any form and in all media. Ratings created by inquirers will continue to be used in the platform, even if they or the rated providers have deleted their account.

By submitting a rating, inquirers make it publicly available on the platform. Requesters are solely and exclusively responsible for the content they publish on the platform. The content of the comments should neither be unobjective, offensive, defamatory, insulting, false, illegal, obscene, threatening nor abusive or encourage criminal behavior. It is forbidden to post content that is racist, sexist or glorifies violence. Lumturo edits or controls user reviews

not and is not responsible or liable for them. However, Lumturo reserves the right, in its sole discretion, to remove any content (or portion thereof) without prior notice.

13. reporting of violations

In order to take action against conduct that violates the Terms of Use, we rely on your assistance. If you observe a violation, we ask for your support: Please report violations of the terms of use to us immediately via contact form.

14. risks

Due to the encryption used, it is generally not possible for unauthorized persons to view the confidential data. Nevertheless, even with state-of-the-art security precautions, both on the part of the platform and on the part of the users, absolute security cannot be guaranteed. The user’s terminal device or network interacts as a system part with the platform’s systems, but is outside Lumturo’s control and, in particular, the user’s terminal device or network may become a vulnerability of the system.

The user acknowledges the following risks in particular: Insufficient system knowledge and inadequate 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 when there is contact with the outside world. The use of anti-virus programs can reduce the risk and is recommended to the user. It is the user’s responsibility to inform himself/herself in detail about the required safety precautions.

15. amendment of the guidelines

Lumturo reserves the right to change the regulations, terms of use, general terms and conditions, data protection provisions and others at any time. Users are informed about news via the platform’s push function.

Severability clause

If any provision of these Terms of Use is or becomes invalid, the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any regulatory gaps.

Applicable law, place of jurisdiction is Zurich, Switzerland.

These Terms of Use are governed by Swiss law. Unless mandatory statutory provisions prevail, the court at Lumturo’s registered office shall have jurisdiction. The general contract language is German.

Changes are expressly reserved and are possible at any time.

© Lumturo AG, 01.01.2024