Terms of Service

Version: 1.0.0, effective date: 5 July 2018

These Terms of Service (from hereon referred to as "Terms", "Terms of Service") govern your relationship with the services operated by NovoLearning BV ("NovoLearning", "us", "we", or "our"): the www.novo-learning.com website, the Novo Player and the Novo Studio (the "Service" or "Services").

Please read these Terms of Service carefully before using any of the Services.

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use one or more of our Services.

NovoLearning has a Privacy Policy regarding the collection, use, storage and disclosure of personal data when you use our Services and the choices you have associated with that data. Please review this Privacy Policy, which can be found at www.novo-learning.com/privacy.

By accessing or using any of our Services you agree to be bound by these Terms and you acknowledge our Privacy Policy. If you disagree with any part of the Terms then you may not access or use any of our Services.

As a courtesy to you, we have translated these Terms to other languages. However, we consider the original English version to be binding.

NovoLearning offers paid Services (e.g., learning tracks) for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services.

If your payment method fails or your account is past due, we may collect fees using other collection mechanisms.

Fees may vary based on your location and other factors, and NovoLearning reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services.

Refunds may be available for paid Services as described in our Refund Policy.

Delivery Information

After purchasing a learning track, it will be available within two working days.

Refund Policy

If you cancel your paid enrollment for a learning track, NovoLearning will offer you a complete refund until 14 days after payment, or until you have earned your Track Certificate, whichever is earlier.

If you pre-enroll and pay for a learning track, NovoLearning will offer you a complete refund until 14 days after the learning track launches or until you have earned your Track Certificate, whichever is earlier. For avoidance doubt, once you have earned a Track Certificate with your payment, you are not eligible for a refund even if it is within 14 days.

If you’re taking a learning track through your company or organization (e.g. NovoLearning Enterprise) then you can earn your certificate as long as your company's contract with NovoLearning is active and your access has not expired in accordance with the terms of that contract. Similarly, refunds and cancellations will also be governed by the terms of that contract between your organization and NovoLearning.

You can request a refund by sending an email to refund@novo-learning.com with the following information:

  • the username or email address linked to your account
  • the name of the learning track for which your are requesting a refund

Free Trial

NovoLearning may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by NovoLearning until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, NovoLearning reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

NovoLearning, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

NovoLearning will give you prior notice of any change in Subscription fees on time to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of a Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Content

Some of our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on the Service, including its legality, reliability, and appropriateness.

By posting Content on the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights to use the Content in our Services, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username: the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

Our Services and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of NovoLearning and its licensors. The Services are protected by copyright, trademark, and other laws of both the Netherlands and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NovoLearning.

Our Services may contain links to third-party web sites or services that are not owned or controlled by NovoLearning.

NovoLearning has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that NovoLearning shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the Terms of Service and Privacy Policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the Terms.

Upon termination, your right to use any of our Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall NovoLearning, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of any of our Services is at your own risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether explicitly or implicitly mentioned, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

NovoLearning and its subsidiaries, affiliates, and their licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Netherlands, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between NovoLearning and you regarding our Services, and supersede and replace any prior agreements we might have regarding the Services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is significant we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a significant change will be determined at our sole discretion.

By continuing to access or use any of our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us:

E-mail: info@novo-learning.com NovoLearning BV
Toernooiveld 300
6525 EC Nijmegen
The Netherlands