Online-Nachhilfe - Günstiger Nachhilfeunterricht von der Primarschule bis zur Universität

These General Terms and Conditions of Lernhunger GmbH with Web Learning are divided into:

I. Web Learning Website and App Terms of Use

II. Web Learning Terms and Conditions

III. Terms and Conditions for tutors/coaches on web learning

WebLearning makes this booking platform/mediation platform available to those seeking tutoring and the providers of tutoring services as part of an agency service. This gives providers the opportunity to share their knowledge.

The contracts for services are concluded directly between the users of this booking platform and the providers/coaches. WebLearning is not a party to the tutoring services offered on this booking platform.

I. Web Learning Website and App Terms of Use

1. Who is Web Learning?

This website (including all subpages and content as well as displayed text, images, videos, services and other information; collectively referred to as the "Website") is operated bywww.web-lernen.chprovided.

Bookings made via the booking platform are subject to the general terms and conditions of web learning and the general terms and conditions of the tutoring providers.

2. Scope of Terms of Service

These terms of use (the "Terms of Use") together with the privacy policy (the "Privacy Policy") apply to all forms of use of the Website. Any visitor to the Website (“User” or “You”) is permitted to use the Website solely on condition that you accept the Terms of Use and have read and understood the Privacy Policy. Your continued use of the Website or any part of it means that you have read and understood the Terms of Use and Privacy Policy and that you fully agree to comply with all provisions of these Terms of Use.

3. Usage Request

All information on this website is for general information purposes only. The information on this website does not represent a binding offer on the part of WebLearning. A binding contract with the providers of the tutoring offered on the website only comes about via a booking request on the booking platform and its acceptance by the provider in accordance with the General Terms and Conditions and only with the provider conditions.

4. Warranty

Although WebLearning makes every effort to ensure the accuracy of the content displayed on or through the website, WebLearning makes no warranties, express or implied, as to the completeness, accuracy, reliability, or timeliness of the content on this website, or its suitability for any particular purpose or otherwise (including all information provided by third parties). WebLearning reserves the right to change, add to or remove the content of this website and its structure and function at any time and without notice at its own discretion, without removing outdated content or marking it as such. WebLearning may block users' access to the website in whole or in part, or make access dependent on the fulfillment of certain conditions. WebLearning assumes no express or implied warranty with regard to the availability of the website or its freedom from defects or its function. This also does not include any guarantee that the website and the infrastructure on which it is based are free of viruses and other harmful software. In addition, Web Lern does not guarantee that the content of the website has not been changed due to technical defects or by unauthorized third parties.

5. Limitation of Liability for Part I of the Terms and Conditions

The liability of Web Lern, its legal representatives and its independent contractors, its third-party contractors and their employees, as well as its own employees and managers, as well as liability for damage in connection with their access (or inability to access) the website or for any errors or Gaps or achieved results from the use of the website, regardless of their legal basis, are excluded; this does not apply to liability for intentional or grossly negligent damage and only to the extent permitted by applicable law.

6. Third Party Content, Links to Third Party Sites

Web Lern accepts no responsibility for third-party content (including the bookable activities and related information) if offered through the website or for content linked to or referred to from the website. WebLearning does not recommend or endorse this content and assumes no liability for it. If WebLearning links to third-party websites, you use such websites at your own risk. Web Lern therefore recommends reading the guidelines of the relevant websites and checking their information on the processing of personal data. If you suspect illegal content on the website, please send an email to infoweblernen@gmail.com.

7. Intellectual Property Rights

As between you and WebLearning, the Website remains protected by copyright and/or other intellectual property rights (including competition laws). You do not acquire any rights in the website and in any names, trade names and marks of any kind (including trademarks) published on the website. You are permitted to access and display the Website, but not to incorporate the Website into any other website or to copy, display, license, publish, download, upload, post or otherwise transmit the Website without our prior written consent to make it tangible.

8. Changes to the Terms of Use

WebLearning reserves the right to change these Terms of Use at any time and with immediate effect. If WebLearning makes changes, they will come into effect at the time of their publication on the website. Web Learning expects you to review this section regularly so that you are always familiar with the applicable Terms of Use. By continuing to use the website after the changes have been made, you automatically agree to the changes.

9. Governing Law and Jurisdiction

Swiss law applies exclusively to all legal relationships with users of web learning, excluding the UN Sales Convention (SR 0.221.211.1; United Nations Convention on Contracts for the International Sale of Goods). If you have used it as a consumer and have your habitual residence in another country at the time of your use, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1. If several legal systems are applicable due to conflict of law provisions, Swiss law is always applicable. The ordinary place of jurisdiction is Lucerne LU (Switzerland), insofar as this is compatible with the applicable law.

The postal address of the founder of the platform is: Lukas Jud, Büttenenhalde 56, 6006 Lucerne, Switzerland

The company Lernhunger GmbH stands behind this platform and is based at Kasimir-Pfyffer-Strasse 2, 6003 Lucerne.

II. General Terms and Conditions (GTC) for the web learning platform

1 Introduction

1.1 Web Learning operates a mediation platform for offers for tutoring lessons as an online offer via the Internet and apps (hereinafter jointly referred to as “Web Learning Platform”). On the web learning platform, users have the opportunity to find and book online tutoring. The online offer includes tutoring lessons for various subjects and levels as well as various other services. The offers are made online by a large number of tutoring coaches/providers around the world ("providers"), with whom the respective contract for the service of tutoring is also concluded ("service contract"). Information about the services of the providers can be called up and orders can be placed via the web learning platform.

1.2 Web learning is aimed equally at consumers and providers. For the purposes of these GTC, the following applies:

a. A "consumer" is any natural person who concludes the contract for purposes that cannot be attributed to any commercial or self-employed professional activity.

b. A "provider" is a natural or legal person who, when concluding the contract, acts in the exercise of the tutoring lesson without the intention of earning an additional income or in a commercial or self-employed professional capacity. In the latter case, the provider is responsible for all social security bills and confirms that they are carried out correctly.

c. "User" means a natural person, unless expressly registered as a legal entity with WebLearning. Any use of acts and omissions under the registration of a legal entity shall be attributable to the individual, except as part of their authority on behalf of the legal entity. "User" also includes users mediated by sub-intermediaries.

Our coaches are not employed by Web Lern, so they do not have an employment relationship! Web learning is only a mediation platform. The coaches are not given a wage statement or a job reference. Web learning does not pay AHV/IV/EO/ALV contributions. By using the platform, the coaches agree to this. This is also emphasized in the zoom meeting during the application phase.

2. Subject of Part II of these General Terms and Conditions

These terms and conditions apply to any use of the web learning platform, e.g. via the Internet and apps. The contractual relationship between the user and WebLearning basically only includes the proper mediation of the user to the respective provider of the service or the transfer of data about users who are mediated by a sub-agent. WebLearning does not act as an organizer itself, nor as a landlord, seller or other contractual partner in relation to the service contract with the user. This Part II of the Web Learning General Terms and Conditions therefore applies to the offers on the Web Learning Platform and the transfer of users to the provider. Part II of the General Terms and Conditions applies to the use of the web learning platform by cooperation partners (sub-agents/ cooperation partners), subject to the separate contractual agreements made with the respective cooperation partner. For the respective service contract between the user and the provider, the contractual conditions of the provider apply in accordance with Part III of these General Terms and Conditions.

3. Registration

3.1 The use of the web learning platform can generally be anonymous.

3.2 Certain uses of the web learning platform, such as making bookings, require registration. When registering, the user sends an electronic registration form and agrees to the terms and conditions. The registration through web learning is only complete with confirmation to the e-mail address provided by the user. Natural persons must have reached the age of 18 to register. The user must keep the password he has assigned secret and appropriately prevent it from being passed on to third parties.

3.3 The creation of more than one user account for the same natural or legal person is not permitted. The user account is not transferable.

4. Services from the Web Learning platform and conclusion of contract

4.1 After the user has entered his service requirements on the web learning platform (e.g. costs, letter of motivation, appointments, profile picture), web learning shows the user information about the services of the providers ("service information"). On the basis of this information, the user can, if necessary after checking the availability, submit a contract offer for forwarding to the respective provider by placing an order, with sub-agents acting on behalf of the mediated user. This is done after selection and transfer to the shopping cart by clicking on the "Book with obligation to pay" button.

4.2 The user is bound to his binding offer for five working days, see Section 5 of the General Terms and Conditions of Tour Providers in Part III.

4.3 WebLearning draws the user's attention to the terms and conditions of carriage and business of the providers for their contractual relationship with the user and for their services. These can be found in the respective advertisements. The user is responsible for fulfilling and complying with these conditions. The provider reserves the right not to allow the user to participate in the activity or to exclude such activity if you do not meet the conditions. In this case, the price paid will not be refunded.

4.4 WebLearning provides the user with a booking confirmation in the name and on behalf of the provider as well as a payment confirmation. The use of the web learning platform itself is basically free of charge for the user. The user bears the costs for the technical access to the Web Learning Platform (e.g. additional Internet costs). Web Learning is entitled to collect the invoiced amounts in the name and on behalf of the provider.

4.5 Web Learning forwards any data for the use of a service of the provider to the user according to the applicable conditions (e.g. ticket data) after they have been received from the provider.

4.6 Web Lern assumes no liability for the correctness of forwarded data or for the provision of services by the provider, since all information displayed and passed on is based on data from providers or third parties, which Web Lern cannot check in detail.

4.7 Web Learning records the lessons digitally via Zoom and stores them in the cloud for seven days. This data will not be passed on to external parties and is only used to protect the learners and for quality assurance.

4.8 WebLearning is not liable for tutoring lessons that do not take place. If something does not work for technical reasons, WebLearning assumes no liability. Regardless of whether this is on the side of the tutoring coach or on the side of the customer.

4.9 Web learning is not liable if a desired tutoring goal is not achieved.

5. Pay at Web Learning

5.1 The service contract with the provider applies to the costs to be paid by the user for the provider’s services.

5.2 WebLearning is entitled to collect the invoiced amounts in the name of and on behalf of the provider, unless expressly stated otherwise in the provider's invoice. If claims are to be paid by the user in a currency other than his national currency (foreign currency claim), WebLearning can request payment in the user's national currency and convert the foreign currency claim at the current exchange rate at the time the contract was concluded. WebLearning can charge the user a reasonable exchange fee for this.

5.3 The user's contact person in connection with a service contract and its remuneration is the respective provider as contractual partner. The user can only claim reimbursement of a fee from the respective provider. The provider may also process a refund granted by the provider via web learning. To simplify the process for the user, communication via web learning is recommended.

5.3.1 The customer is obliged to pay CHF 10 per lesson directly online on the website as a placement fee to WebLearning.

At the end of the month, the booked coach issues the customer an invoice by email. All lessons that the customer has had in a month are listed on the invoice. The customer is obliged to transfer the amount of the issued invoice to the coach within the specified period.

5.4 The user must register in order to be able to use the payment functions of WebLearning. The user must provide truthful payment information and update it immediately in the event of changes. Web Learning can refuse the means of payment specified by the user. The means of payment permitted for the respective service are displayed to the user in the order process.

5.5 By authorizing the payment, the user agrees that his payment information will be used to collect the payment from the claimant. WebLearning reserves the right to make the use of the WebLearning payment function dependent on a check of the required creditworthiness of the user.

6. Web Learning Pricing

6.1 These prices set by the Suppliers may be subject to special provisions, for example in relation to cancellations and refunds of payments made. Therefore, before booking, please check carefully whether the respective service contract is subject to special provisions.

6.2 The customer is obliged to pay CHF 10 per lesson directly online on the website as a placement fee to WebLearning.

7. Obligations and Obligations of the User

7.1 The user will keep registration data (user ID and password) secret and will not allow third parties access to his web learning portal log-in with his registration data. A use of the web learning portal log-in under the registration of the user is attributed to this.

7.2 After receiving performance information, the user can send any orders to Web Lern for forwarding to the provider.

7.3 The user shall indemnify Web Learning from third-party claims based on his use of the Web Learning platform, except insofar as Web Learning is responsible for them.

8. Availability and Warranty

8.1 There is no entitlement to availability, quality or performance features or technical support for the web learning platform. WebLearning may restrict, redesign, or discontinue its WebLearning Platform at any time at its sole discretion. Existing agreements between the user and a provider and their processing remain unaffected by such changes.

8.2 Web Lern assumes no liability for the correctness or completeness of the data provided by third parties (e.g. other providers).

8.3 WebLearning assumes no liability for the services offered by the providers. The user's contact person for questions and claims in connection with a service contract and its implementation is the provider.

8.4 Insofar as there is no obligation towards the user, WebLearning does not accept any liability.

9. Liability of the Web Learning Platform

9.1 Insofar as Web Lern has not assumed a corresponding contractual obligation by means of an express agreement with the user, it is not liable for the conclusion of contracts with the providers to be mediated in accordance with the user's booking request.

9.2 Without an express agreement or assurance in this regard, Web Lern is not liable for defects in the provision of services and personal injury or property damage that the user incurs in connection with the arranged travel service.

9.3 Any liability of Web Lern from the culpable violation of obligations when arranging contracts remains unaffected by the above provisions.

9.4 The liability of the Web Learning platform for contractual claims of the user is limited to the price of the mediated service, with the exception of:

a) Any violation of a material obligation, the fulfillment of which is essential for the proper execution of the agency contract or the violation of which jeopardizes the achievement of the purpose of the contract

b) Liability for damage to the user resulting from injury to life, limb or health, which is based on a grossly negligent breach of duty by WebLearning or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of WebLearning

c) the liability of Web-learning for other damages of the user, which are based on a grossly negligent breach of duty by Web-learning or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Web-learning.

9.5 Web Lern is only liable for simple negligence in the event of a breach of an essential contractual obligation and only for foreseeable and typical damage. Significant contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the user can regularly rely.

10. Termination

Users can terminate their registration in the Web Learning Portal at any time by blocking their user account. WebLearning can terminate a registration unilaterally with one week's notice. Previous claims remain unaffected. The right to extraordinary termination remains unaffected.

11. Privacy

11.1 Web Learning collects and uses personal data from users to the extent necessary for the establishment, content design or change of the contractual relationship for Web Learning between the user and Web Learning.

11.2 Insofar as web learning is included in the communication for a service contract between the user and the respective provider, it transmits the data required for this contract to the respective provider. He processes and uses the data for the purpose of contract initiation, contract conclusion and execution of the contract on his own responsibility. Web Lern is not liable for the processing and use of the data by the respective provider and does not give any guarantees that the data cannot be used or processed in any other way. The identity of the respective provider results from the booking dialog.

11.3 By using the platform in any way, web learning is granted the right to comprehensively dispose of the data generated with this use, to process it and to pass it on to third parties, in particular to Google Analytics.

12. Modification of these GTC

12.1 WebLearning reserves the right to change these GTC at any time and without giving reasons. Web Learning will only make changes to consumers that the user can reasonably agree to after weighing the interests of both parties. This applies, for example, to cases of equivalence disruption, but also to loopholes in the regulations and changes in the legal situation. The changed conditions will be sent to users by e-mail at least two weeks before they come into effect. If a user does not object to the validity of the new terms and conditions within two weeks after receipt of the e-mail, the changed terms and conditions are deemed to have been accepted. Web Learning will provide users with separate notice of the importance of this two-week period in the email containing the amended terms.

12.2 The General Terms and Conditions can be changed at any time and without notice for future brokerage of new bookings. The conditions valid for each individual new mediation apply.

13. Miscellaneous Provisions

13.1 These T&Cs are the entire agreement between WebLearning and the user. There are no other supplementary agreements.

13.2 Swiss law applies to the exclusion of the UN Sales Convention (SR 0.221.211.1; United Nations Convention on Contracts for the International Sale of Goods). If you have used it as a consumer and have your habitual residence in another country at the time of your use, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1. If several legal systems are applicable due to conflict of law provisions, Swiss law is always applicable. The ordinary place of jurisdiction is Lucerne LU, Switzerland, insofar as this is compatible with the applicable law.

13.3 Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

III. General terms and conditions of the providers of tutoring and other services

1 Introduction

Part III of these general terms and conditions applies to all contracts concluded between providers and users via the web learning platform. This also applies if the web learning platform is accessed via the partner platform of one or through a cooperation partner or sub-agent.

2. Truthful Information

The information transmitted via the web learning platform must be truthful. The provider reserves the right to withdraw from the contract or to exclude users from participating in the service and to demand compensation in the amount of the cancellation costs in accordance with Section 11 of this Part II of the General Terms and Conditions if the user provides incorrect information.

3. Showing up for tutoring and compliance

You are responsible for arriving on time at the notified online meeting point.

4. Additional Conditions of Participation or Carriage

If the provider agrees further conditions of participation or carriage in the contract with you in addition to the general contract conditions according to this Part III, you are responsible for compliance with these additional conditions of participation or carriage. The provider reserves the right to exclude participants from the activity who do not meet these conditions.

5. Binding nature of the request

The contract between you or the user referred by you and the provider comes into effect when the provider accepts your binding request. By booking a tutoring lesson or other activity, you submit a binding offer to the provider, to which you or the user you refer are bound for 5 working days. If the provider accepts your offer within this period, the contract is binding. You or the user referred by you will receive this notification by e-mail.

6. Payment

The agreed total price for the service provided by web learning is due for payment when the contract is concluded.

The customer is obliged to pay CHF 10 per lesson directly online on the website as a placement fee to WebLearning.

7. Vouchers

Web Learning vouchers cannot be paid out in cash or returned. If the corresponding tutoring lesson is no longer available on the platform, there is also no entitlement to remuneration or a service. Purchased vouchers must be redeemed within one year of purchase, otherwise they lose their validity.

8. Insurance Responsibility

Insurance is not included in the price of the services. You (consumer, entrepreneur, user) are responsible for adequate insurance coverage. Insurance requirements depend on the activity booked. The necessary insurance and training are the responsibility of the provider. However, as with all other services and offers, consumers, entrepreneurs and users always use them at their own risk. Consumers, entrepreneurs and users always form a self-responsible risk community in which all participants act for themselves and are fully responsible for their consequences.

9. Unpaid Services

If you or the user referred by you do not provide the booked service in accordance with the agreed payment due dates, although the provider is willing and able to provide the contractual services properly and there is no legal or contractual right of retention on your part or on the part of the user referred, the The provider is entitled to withdraw from the contract after a reminder with a deadline and to charge you or the user you have referred with cancellation costs in accordance with Section 11.

10. Exchange of Messages

All messages between you or the user referred by you and the provider are made via the web learning platform. In the interests of speedy processing, it is recommended that you only use the forms provided by WebLearning.

11. Cancellation Policy

11.1 If you cancel (cancel) the tutoring lesson, the cancellation policy stated in the product description and on your voucher will apply. Web Learning advise the user to carefully read the information in the product description.

11.2 If there are no different cancellation conditions in the product description of your provider, the following cancellation fees will be charged by the provider of the tourist services:

a) up to 36 hours before the start of the tutoring lesson: full refund up to CHF 10 per lesson

b) after 36 hours of the beginning of the tutoring lesson or in case of no-show: no refund

11.3 In any case, you or the user referred by you are at liberty to prove to the provider that they suffered no damage at all or that the damage was significantly lower than the flat rate requested by the provider.

11.4 The Provider reserves the right to demand higher, specific compensation instead of the above flat rates, insofar as the Provider proves that the Provider has incurred significantly higher expenses than the applicable flat rate. In this case, the provider is obliged to specifically quantify and document the requested compensation, taking into account the expenses saved and any other use of the services.

11.5 Refunds are made using the payment method used. For credit cards with monthly charges, the amount will be credited at the end of the current billing period. The exact timing of the refund depends on the user's credit card agreement. Reimbursement via bank account is made within 20 bank working days.

12. Extraordinary cancellation

The provider can cancel the tutoring lesson on the agreed date without observing a cancellation period if internet disruptions or other unforeseeable or unavoidable external circumstances (e.g. events of force majeure) make it impossible or considerably more difficult or dangerous to carry out the activity. In this case, the price paid will be refunded.

13. Exclusion of Participation

The provider is entitled not to admit you to a tutoring lesson or to excluded from such a course if you personally do not meet the requirements for participation, would endanger yourself or others through your participation or otherwise disrupt the implementation of the tutoring lesson in the long term. This applies accordingly to users referred by you. In these cases, the price paid cannot be refunded.

Obtaining a free trial lesson must be checked by the Web Learning team. If other tutors receive a free trial lesson or if the behavior of the person receiving the tutoring is conspicuous, a free trial lesson can be refused. In addition, a trial lesson can only be redeemed once per person.

WebLearning coaches need to be fully focused on the lesson during the lesson in a quiet place, free from distractions such as other people or cell phones, noise and food consumption. In addition, online tutoring requires a perfect internet connection. Otherwise there is a risk of a warning followed by exclusion from participation.

14. Program Changes

The provider also reserves the right to make minor changes to the program if this becomes necessary due to unforeseeable or unavoidable circumstances.

15. Additional Terms

Further conditions or deviating regulations can be found in the respective tenders.

16. Time Zone

The time zone of the coach is decisive for time and deadline calculations.

17. Liability of the coach tutoring service

The coach is liable for his services in accordance with the applicable law, whereby liability is excluded or excluded to the extent permitted by the applicable law. is limited to intent and gross negligence.

18. Copyright for Works Created by Coaches

Images, texts, computer programs and other works created by the coaches as part of the tutoring service, which they make available to WebLearning, are transferred to WebLearning at the time of delivery with all rights, in particular copyrights. This applies to the created works as a whole as well as to their parts. Web Lern is entitled, among other things, to use, edit, publish and pass on or sell the works to third parties. This authorization is unlimited in terms of time and geography, and independent of the channel (print, digital, online).

When the works are handed over to WebLearning, the providers guarantee that they own all rights to the works they have created and transferred to WebLearning. The use and exploitation of the respective works by the web learning does not conflict with any rights of third parties.

Any persons who can be seen on the respective image, film material or similar have given their necessary personal consent and agree to the publication of the works.

_cc781905-5cde-3194 -bb3b-136bad5cf58d_

If a coach/provider wants to publish the works they have created and transmitted in a modified or unmodified form, they must in any case obtain the written consent of Web Lern in advance. This reservation of consent applies to all forms of publication as well as to the commercial and non-commercial use of the works by the provider.

19. Modification of these Terms and Conditions

The general terms and conditions of the providers of tutoring and other services in Part III can be changed at any time and without prior notice for future bookings. The conditions valid for each individual booking apply. The user has no right to future bookings being made according to existing conditions.

20. Provider Social Security Benefits and Taxes

The coaches / providers are the sole bearers of the social security taxes and contributions to be paid. In this context, web learning merely has the position of an intermediary service provider. Web learning never acts as an employer for the individual providers. Web Learning never works exclusively with providers. The providers have the right to offer their services on other platforms or in other ways. Web learning in no way restricts providers from offering their offers on other platforms at other prices. It does not dictate to the providers when, how and where they have to offer an offer. Thus, the design, planning and scheduling of the offers is the sole responsibility of the provider. The providers bear the sole risk for the profitability of their offers. Web Learning does not guarantee a minimum turnover or minimum bookings in any provider.

The providers have to declare and pay the taxes for their offers. This is always in accordance with the respective laws of the venue. WebLearning rejects any liability claims in this regard.

The providers share their knowledge and strengths with the user or the mediated user (tutor) in order to grant them academic progress. It is not the purpose of this platform to provide professional or commercial tutoring services.