Terms & Conditions

Modul Online Learning Services

1. Introduction

Please read these Terms of Use (these “Terms“) carefully as they govern your personalized use of (which includes access to) Modul Online Services for accessing learning content, including our website and learning platform (https://learn.modul.ac.at/) that incorporate or link to these Terms (collectively, the “Modul Online Services“) and any other material that is made available through the Modul Online Service (the “Content“).

Use of any of the Modul Online Services may be subject to additional terms and conditions which are incorporated in these Terms and will be updated as necessary.

By signing up for, or otherwise using Modul Online Services, you agree to these Terms. If you do not agree to these Terms, then you must not use the Modul Online Services or access any Content.

Modul Online Services are controlled by Modul University Vienna GmbH, a private higher education institution located in Vienna, Austria. For contractual purposes, you will enter into an agreement with Modul University Vienna GmbH, not with Modul Online Learning (see ‘Service Provider’ below).

Service Provider

These terms and conditions create a contract (hereinafter referred to as the “Agreement”) which is concluded between the educational provider

Modul University Vienna GmbH
Am Kahlenberg 1
1190 Vienna
Austria

(hereinafter referred to as the “MUV”)

and

you (hereinafter referred to as “you”)

Age and Eligibility

BY USING THE MODUL ONLINE SERVICES OR PURCHASING ANY OF ITS PRODUCTS, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS. Additionally, in order to use the Modul Online Services and access any Content, you represent that: any registration and account information that you submit via the Modul Online Learning website is true, accurate, and complete, and you agree to keep it that way at all times.

2. Obligations of MUV

MUV undertakes:

to provide you with the services associated with the your chosen product or course with reasonable care and skill, subject to this Agreement.
to use all reasonable means to deliver the content in accordance with the description provided.
to provide necessary support in facilitating your access to the learning platform and Content relating to Modul Online Services (i.e. issuance of login data).
to provide the infrastructure necessary for due and proper consumption of the advertised Content, and reserves the right to vary these offerings at any time.

Service limitations and modifications

We use reasonable efforts to keep the Modul Online Services operational and to provide you with an immersive experience. However, our service offerings and their availability may change from time to time, without liability to you; for example:

temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
we aim to evolve and improve the Modul Online Services constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the Modul Online Services (including particular functions, features, subscription plans, and promotional offerings);
MUV has no obligation to provide any specific content through the Modul Online Services, and MUV or the applicable owners may remove any Content without notice.

If you have paid fees upfront directly for access to Modul Online Services and Content therein that MUV permanently discontinues within one calendar year from the date of your payment, MUV will refund you the fees after such discontinuation. Your account and billing information must be up to date in order for us to refund you.

MUV has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

3. Your Use of the Modul Online Services

Your account

We will create an account for you to use all or part of the Modul Online Services. You will be asked to change your password when you sign in to the learning platform for the first time. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Please notify our us immediately via support@modulonlinelearning.com if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.

MUV may reclaim, or require you to change, your username for any reason.

Your rights to use the Modul Online Services

Access

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Modul Online Services and the Content (collectively, “Access“). This Access shall remain in effect unless and until terminated by MUV. You agree that you will not redistribute or transfer the Modul Online Services or the Content.

The Modul Online Learning platform and the Content are licensed, not sold or transferred to you, and MUV and its licensors retain ownership of all copies of the learning platform and Content even after you access via your Devices.

MUV’s Proprietary Rights

The Modul Online Services and the Content are the property of MUV or MUV’s licensors. All MUV trademarks, service marks, trade names, logos, domain names, and any other features of the MUV brand (“MUV Brand Features“) are the sole property of MUV or its licensors. These Terms do not grant you any rights to use any MUV Brand Features whether for commercial or non-commercial use.

Billing

You may purchase a Paid Subscription directly via the Modul Online Learning website by:

paying the subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
pre-payment giving you access to the Spotify Service for a specific time period.

4. Validity of the Agreement

This Agreement becomes effective from the time you purchase your product from the Modul Online Learning website.
After receipt of payment in full and upon sending you the login details to access your account on the Learning Platform, you will be deemed as having access to Modul Online Services and the Content. MUV is entitled to withdraw from this Agreement with notice written to the Learner (see ‘ Recission from the Agreement’)

5. Communication

Information published by MUV by means of the following communication tools are considered to be delivered and noted by you:
- Publications made on MUV’s website (www.modul.ac.at) and the Modul Online website.
- Electronic messages (e-mails) sent to your email account which must be checked at least once a week

6. Fees

If you, or any third party who agreed to pay the subscription fee, fail to make payment by the due date specified, MUV reserves the right, at any time, to withdraw you from the Modul Online Services or withhold all services until the outstanding fees are paid in full. MUV also reserves the right to terminate this Agreement with you with immediate effect.
MUV further reserves the right to charge interest rates in the amount of 8% per annum on any outstanding fees.
The subscription fee stated at the time of subscription applies throughout the duration of the subscription, however MUV reserves the right to make changes to subscription fees and will communicate any changes to you in advance.
In the case your payment fails, the payment will be attempted again. By default, the system will retry five (5) times to take failed payments over 7 days.

7. Liability

You shall be held personally liable for any damage caused by deliberate or negligent conduct.

8. Rescission from the Agreement

MUV shall be entitled to withdraw from this Agreement with notice in writing to you:

As long as you have not paid any subscription fees.
If the Modul Online Services and availability of the Content are cancelled within one year. In this case, any subscription fees already paid to MUV by you for the Modul Online Services will be reimbursed. In case of such rescission, you herewith waive any further claims against MUV

You shall be entitled to withdraw from this Agreement with notice in writing to MUV. In the case of a pre-payment in full, there will be no reimbursement of any payments made to MUV whatsoever. If this was a subscription agreement, MUV shall cancel your agreement and you will not be required to make any further payments whatsoever. Previous subscription payments made will not be refundable.

9. Termination of the Agreement

MUV may terminate this Agreement at any time and with immediate effect in the case of important reasons, in particular:
- If you are found to be in serious violation of the Agreement
- In the case of delayed payment
You may terminate this Agreement at any time and with immediate effect.
In case of a termination, no reimbursement of study fees paid to MUV for the Modul Online Learning Services shall be made and you shall have no claims against MUV. However, MUV is entitled to collect fees due prior to the termination, regardless of whether they have been paid or not.

10. Personal Data

MUV and you undertake to comply with the terms and conditions of the EU General Data Protection Regulation (GDPR).
MUV respects your privacy and will not share any personal information with unauthorized third parties.
MUV ensures that access will only be granted you for your respective chosen product.
For full details on the use of and privacy rights to your personal data, please see the Legal and Privacy Policy.

11. Applicable Law and Jurisdiction

This Agreement shall be governed by, and construed in all respects in accordance with, the laws of Austria without the provisions regarding the conflict of laws. The place of jurisdiction for all disputes relating Agreement shall be the court of competence for MUV.

By selecting ‘agree’ at point of checkout, you confirm your understanding and acceptance of this Agreement.