TERMS OF USE FOR EXPERTS

General Terms and Conditions of Use



Coachfox GmbH, Strehlgasse 18/7, 1190 Wien,
Phone: +436642260617, Email: office@coachfox.com,
for the use of the Internet platform and IT solution MeetFox.com.

As of 02 February 2018
Please read these terms carefully before accessing or using our services.
1. APPLICATION / CONCLUSION OF CONTRACT / CONTRACTUAL RELATIONSHIP


1.1. Subject matter of the General Terms and Conditions
The following General Terms and Conditions (hereinafter referred to as "GTC") contain the basic rules for the use of Coachfox GmbH (hereinafter referred to as "Coachfox"), which was founded in Austria and registered in the Vienna Business Register under the number FN 464148 x Seat in Vienna 1190, Strehlgasse 18/7 provided Internet platform MeetFox.com (hereinafter "MeetFox").


1.2. Definitions
The company Coachfox GmbH operates the internet platform and IT solution MeetFox, which offers service providers various technical functions that facilitate the handling of appointments and billing. For the purposes of these terms and conditions, "user" as an override is any person who uses MeetFox services or offers services via MeetFox. "Provider" means a private or business user (natural or legal person) who offers a certain service on MeetFox. "Customer" is a private or business user who uses offers through MeetFox.


1.3. Validity of the GTC
The GTC apply to all statements of intent in connection with the use of MeetFox and legal transactions or similar transactions of the user as well as to all business relations between MeetFox and the user. Terms and conditions of the user deviating from these conditions do not apply. By accessing and using the Services, users are legally bound to acknowledge and agree to the latest version of Coachfox's Terms and Conditions and Privacy Policy, which establishes a contractual relationship between the user and Coachfox. If the user does not accept these terms and conditions, he may not use the functionalities of MeetFox. Supplementary terms of use may apply to certain services, eg. special guidelines for a specific service, which will be communicated to the user concerned in connection with the respective services.

For the use of the electronic payment system MANGOPAY, which is used for the settlement of all payment flows between the supplier and the customer as well as between the supplier and Coachfox, the following Mangopay conditions also apply: https://www.mangopay.com/terms/end-user-terms -and-conditions / Mangopay_Terms-AT.pdf).

Although the terms used in this contract refer to natural persons only in masculine form, they refer to women and men in the same way. Coachfox points out that these Terms and Conditions apply to any use of MeetFox's services.

1.4. Changes to the Terms and Conditions
Coachfox reserves the right to make changes or additions to the Terms and Conditions at any time. The latest version is always valid at the time of use, which is published on the website at https://meetfox.com/termsandconditions/ and is available to users at any time

The user agrees to minor and reasonable changes to the terms and conditions - if these are objectively justified - too, in particular, the user agrees that the service offer, which was agreed upon conclusion of the contract, may change slightly. For minor changes Coachfox does not undertake to inform the user.

However, if relevant changes are made, Coachfox may make such changes with effect for the future if the user has been informed by email no later than two weeks prior to the coming into effect of the new terms and conditions. If a user does not agree to the changed terms and conditions, further use of MeetFox is no longer possible and the user can delete his account. If the user uses the functions of MeetFox nevertheless, the changed AGB apply as accepted.

1.5. Choice of law / jurisdiction
The contract and all derived reciprocal rights and obligations as well as claims between Coachfox and users are subject to Austrian law. The exclusive place of jurisdiction for all disputes arising from this contractual relationship is the court of competent jurisdiction for the headquarters of Coachfox. Regardless, Coachfox is entitled to sue the user at their general venue.

1.6. Contract language
The contract language is German.

1.7. Severability clause
The invalidity of individual provisions does not affect the validity of the remaining terms and conditions.

1.8. Assignment / Transfer
Users agree that Coachfox may assign or transfer this agreement, in whole or in part, to subsidiaries, affiliates, purchasers of their shares, businesses or assets, or a legal successor. If the user does not agree with this, this item can be negotiated individually, whereby a contact with Coachfox by the user under office@coachfox.com or office@meetfox.com is required.

2. SCOPE OF SERVICES

MeetFox's primary service and content is the provision of an IT solution that enables customers to arrange and use third-party services. Since a service provided via MeetFox is provided in direct relationship by the provider, there are contracts for the respective service provision as well as rights, obligations and claims arising from a service provided exclusively between the provider and the customer. MeetFox acts merely as a provider of technical assistance for appointment, messaging, videoconferencing, and payment. A successful use of a paid service via MeetFox is charged to customers (see point 6 - terms of payment / fee).

Not scope of service is the assurance of the correctness or quality of the offerers and customers of MeetFox. All information about published services and their providers are provided by the providers themselves and can not be reviewed by Coachfox. Due to the transparency of the provider profiles, the competencies according to the provider's information are visible to the customer. Thus, the customer can judge the competence of the providers on their own responsibility. Users acknowledge and agree that MeetFox does not provide consulting services on its own and that all services published through MeetFox are provided exclusively by independent third parties not employed by Coachfox or a company affiliated with Coachfox.

This description is intended to clarify that discussions between customers and providers are not part of the contract, and therefore in principle do not trigger any legal consequences for the contractual relationship. The provider is in the context of the service the sole contractual partner of the customer. Coachfox has no knowledge of the scope and content of the services provided through MeetFox. Any claims for defective service or other violations must be made against the provider himself.

3. REGISTRATION / USE

Use of the functions provided by MeetFox requires registration on the website (www.derbutton.com) and acceptance of the Business and Privacy Policy, as amended. Registration as a customer and / or provider on MeetFox is basically free.

DThe use of MeetFox is only permitted to persons over the age of 18 who have full legal capacity. Furthermore, the use of MeetFox natural and legal persons for both private use and for commercial use is permitted.

3.1. Establishment of the user account
For the time being, information required for registration is an email address and a self-selected password. Upon submission of this data and the required approval of the Business and Privacy Policy, the User confirms the registration by clicking on the "Register" button, which concludes a free but legally binding contract between User and Coachfox.

3.2. Additional information required by the provider
Comprehensive information is required for registration as a provider, in particular first and last name, date of birth, address, telephone number, email address, company name and UID number (if available), password. In addition, payment acceptance data such as IBAN and BIC are required to arrange for payment of the fee paid via MeetFox to the provider. Upon successful entry of all required data, the provider sends a contract offer by selecting the "Register" button. Coachfox reserves the right to refuse the registration and thus the contract offer within 10 working days after submission without stating reasons, if the information is incomplete or the services offered do not correspond to the service spectrum of MeetFox.

3.3. Completeness and timeliness of the data
Users are required to ensure that account information is always truthful, complete and up-to-date. Coachfox points out that if the personal data is changed, the user is responsible for updating this data immediately. Should the user account data no longer be correct, complete and up-to-date; the payment method / payment data of the user is invalid or expired; or the information is incorrect, Coachfox reserves the right to deny access to the functions of MeetFox or terminate the contract with the user.

3.4. Obligations and rights of the user
The user is obliged to behave appropriately and in accordance with the terms and conditions and applicable laws. Coachfox points out that users themselves are responsible for all activities on their account and therefore undertake to keep username and password safe at all times and to keep it strictly confidential. The use of the user account is limited to the registered person and the disclosure of credentials (email and password) to a third party is therefore strictly prohibited. Coachfox also does not allow multiple logins - each user may register only once. The user undertakes to inform Coachfox immediately in case of suspected misuse of the user account by third parties.

Coachfox reserves the right to block or delete customer accounts if the user violates the terms and conditions, the applicable law or otherwise inappropriate or misrepresents. The User agrees to use the services for lawful purposes only, not to incur any harassment, annoyance or inconvenience in any way or to discontinue user content that is offensive, libelous, vulgar, violent, obscene, pornographic, unlawful or otherwise are offensive. Furthermore, he undertakes not to transmit any data that violates the rights of third parties (eg personal rights, name rights, trademark rights, copyrights, etc.). Users have the option to notify users to Coachfox (office@coachfox.com) or MeetFox (office@meetfox.com) if they suspect that another user is violating any law or these Terms.

3.5. Additional duties and rights of the provider
Coachfox points out that the processing of services via video telephony is not suitable for all service groups and is also subject to legal restrictions. Thus, the practice of medicine, in particular the diagnosis or therapy for the relief of illness, suffering and bodily injury by any means of telecommunications is prohibited by law. The provider therefore undertakes to inform the customer about the limitations of online coaching and to check before accepting a customer, but at the latest during the initial interview, whether their own professional qualifications or an online conversation in general for the achievement of the desired Goals is appropriate. If necessary, the provider is obliged to refuse a customer or refer to an offline conversation.

The provider can determine at what times, at what price and in what frequency services are offered. The provider is only obligated to its availability if an appointment has been agreed and confirmed by the provider himself.
By registering, the provider assumes all responsibility for the content and presentation of its service offering via MeetFox and to comply with the legal information obligations. In addition, the provider is committed to provide only serious, professional and quality offers and not to make false, misleading or illegal advertising for its service. The provider also assures that he has and has the necessary qualifications and competencies (professional qualifications, university degrees, training, etc.) to provide the service presented by MeetFox itself.

3.6. Confidentiality and safety
All user data will be treated confidentially according to the privacy policy of Coachfox or MeetFox. Both provider and customer are committed to full discretion, confidentiality and secrecy. Furthermore, all users agree to use personal information only in connection with the service used. Any transfer of information or data to third parties and the use thereof outside the scope of the service is expressly prohibited.

3.7. Communication
Video communication technology is offered directly in the browser embedded on MeetFox. Through the direct connection of the server of the provider with the server of the customer, the video conversation is encrypted, with the access by third parties proves to be inadmissible and technically impossible. This also applies when using a public hotspot. The respective endpoints generate randomized keys at the beginning of each video circuit, which are also periodically changed during the call to make the connection even more secure. By creating an account on MeetFox, the user agrees that the e-mail address provided by the user is used for all correspondence with the user as well as for sending legally relevant messages. Users may send communications to Coachfox or MeetFox by e-mail to office@coachfox.com or office@meetfox.com or by mail to Coachfox GmbH, Strehlgasse 18/7, 1190 Wien.

Coachfox points out that email addresses are never published by users and are never visible to other users. Any communication between the provider and the customer is made via the communication channels provided via MeetFox (video conference, Coachfox messages), which can only trigger a message generated via Coachfox or MeetFox to the specified user email address.

4. IMPLEMENTATION

4.1. Appointment
The services offered via MeetFox do not constitute a legally binding offer, but merely serve to present the providers. After registration on MeetFox a first contact with the respective service provider or an appointment can already be made on the functions provided. The appointment is made by selecting a time window. The customer only makes a binding request for the use of a service by clicking on the "request appointment" button. The provider validly validates the request by clicking on the "accept Deadline" button, which establishes a contract for the provision of a service between the supplier and the customer. After this confirmation of the desired time window, the customer receives a confirmation email of the appointment. The customer is advised that in the absence of reconfirmation of the selected time window by the provider, no appointment has been agreed and thus no service is provided.

4.2. Service costs / duration of the service
The service costs are optional and individually determined by the provider and are expressly announced to the customer before concluding the service contract. When sending an appointment request, the desired duration can be selected from the offer. The call can be canceled at any time, however, the provider reserves the right to charge the costs for the entire, previously agreed call duration. All prices are, unless otherwise stated, including VAT.

The provider is free to offer the first use of a service (the "first meeting") free of charge. Neither the provider nor the customer are required to conduct follow-up discussions.

4.3. Video conference
After confirming the appointment, the service can be used at the agreed time window via the provided video conferencing function. For this, both provider and customer must be logged on MeetFox, whereupon a window for starting the conversation automatically appears. By selecting the "start conversation" button by the customer and the provider, the video conference is started.

5. PAYMENT TERMS / FEES

Coachfox and thus the MeetFox solution use a secured electronic payment system of the financial service provider Mangopay (59 Boulevard Royal, L-2449 Luxembourg) for the settlement of all payment services and cash flows. MANGOPAY is owned by Leetchi Corp. SA, 14 Rue Aldringen, L-1118 Luxembourg. This is an e-money institution approved and supervised in accordance with the provisions of the CSSF in Luxembourg (No W00000005). By registering on MeetFox, the user expressly agrees to the possible MeetFox monthly fee, the underlying pricing models and the following terms and conditions of payment and payment terms of Mangopay. For the accuracy, completeness and security of the processes that are performed by Mangopay, Coachfox, and thus MeetFox, assumes no liability.
In the event that a booking has been made incorrect, duplicate or unauthorized, Coachfox can be contacted at office@coachfox.com or office@meetfox.com and a refund requested. If the Coachfox or MeetFox and / or Mangopay terms and conditions are violated, the user may be denied the right of recourse. Coachfox also reserves the right to post payments in this case or in the event of a breach of law.

5.1. payment receipt
In order to receive payments, the registration of each provider with the financial services provider Mangopay is required. This registration is free for the provider and is carried out automatically and simultaneously with the MeetFox account registration. By registering on MeetFox, the provider agrees to the free opening of a business account with Mangopay (a so called an eWallet) in his name, whereby a separate contract between the provider and Mangopay comes about. By agreeing to these Terms and Conditions, the User also automatically accepts the Mangopay Terms and Conditions, available at https://www.mangopay.com/terms/end-user-terms-and-conditions/Mangopay_Terms-AT. pdf.

For the establishment of the eWallet, the following data of the provider are necessary, which are forwarded by MeetFox to Mangopay: first name, last name, email address, date of birth, nationality, country of residence and a valid bank account. The user is responsible for ensuring that the data provided is always current and correct. In addition, the provider instructs Coachfox to transmit all data related to the service (time, customer data, etc.) to the financial services provider Mangopay.

In this context, the provider mandates Mangopay with the settlement of the money transfer, so with the collection of the agreed fee from the Mangopay customer account on their own Mangopay business account and possibly the collection of MeetFox service fee from their own Mangopay business account to the Mangopay account of Coachfox.

If the customer has used a service (which may be shorter than the booked duration) or if the cancellation policy of the provider results in a cancellation fee, the amount debited to the customer minus the membership fee MeetFox service fee and the transaction fee set by Mangopay will be charged to the customer credit transferred to the e-wallet of the provider. The digital billing of the used service takes place within 7 days after completed service. r />
By default, all amounts present on the Mangopay business account will be transferred every 14 days to the bank account specified by the provider at any desired EU bank, provided that the above-mentioned 7-day deadline is met. At the request of the provider, these payments may also be brought forward in compliance with the aforementioned deadline. The eWallet and the electronic money deposited on it are the sole responsibility of the respective provider and no person other than the eWallet holder has rights to the funds therein. The provider agrees that he is responsible for the regular control of the incoming payments and takes note that no regular account statements will be sent.

5.2. TheButton membership and service fee
The Provider has the option to choose between different membership models, which correspond either to a monthly fixed amount or to a service fee per appointment processed via MeetFox or a combination thereof. A selection of a membership model to be made by the provider is required immediately after registration, but before actual activation of the MeetFox profile. All prices include VAT.

If a membership with a service fee is selected, the provider will be charged the agreed service fee in percent (including VAT) of the net service price charged to the customer after the appointment has been processed. The service charge is a one-time, generally non-refundable fee, which is charged to the provider in this model for each booked via MeetFox appointment processing.

If a membership with a monthly fixed amount is chosen, billing will be monthly or yearly. The provider pays an amount for one month of membership and can thus use the functionalities of MeetFox. One month of membership starts on the day of the paid membership fee and ends at midnight on the previous day of the calendar month. The monthly membership automatically renews for another month unless the member terminates the membership agreement before renewal.

Any membership model does not include payment fees incurred by payment services provided by the financial services provider Mangopay. These will be charged separately and deducted with the payment to the Mangopay business account. Coachfox reserves the right to increase any membership and service fees for future providers, as applicable, with each provider having the service fee applicable to each registration.

5.3. Return debit / default
SIf there is a return debit, a payment default or an unauthorized use of the credit card or the Mangopay customer account, Mangopay asks the customer directly for payment. If there is still a payment default, the entire risk lies with the provider. Coachfox assumes no liability.

5.4. invoicing
Any provider who offers services on Coachfox or via MeetFox for a fee expressly agrees that this is done in the context of the independent activity in their own name and on their own responsibility. The provider has the opportunity to provide a paid service, for which the customer pays a fee after completion of the agreed service. This payment structure compensates the provider for all services provided by him, less any membership-linked MeetFox service charge.
The provider instructs Coachfox to invoice for the particular service used by the customer, which is done on behalf of the provider and includes the total amount including value-added tax (VAT payable by the provider). The provider receives this billing directly after each completed service. Coachfox uses the duration of the video call to check whether the service has actually been performed, but does not consider terminating it prematurely as long as it is not unreasonable. After conclusion of a conversation, the provider is again asked to enter the final to be charged to the customer fee, with only an optional down adjustment is possible. An invoice for the service rendered will be sent to the customer or provider by email in PDF format.

5.5. Duties / taxation
The provider is responsible for the correct taxation as well as the payment of tax, social or other charges and must bear them. If available, the provider is required to provide a VAT identification number when registering to ensure accurate accounting. Coachfox presupposes that providers have a trade license for the activity offered and have themselves informed their own tax advisor about the correct taxation of services offered via Coachfox.

6. CANCELLATION

6.1. Cancellation of service provision by the provider
If a confirmed date for a service provision by the provider is canceled, no penalties or costs are incurred for the provider. The customer has no right to the provision of services and no fee will be charged.

6.2. Cancellation of service provision by the customer
If a deadline for a service provision by the customer is canceled in due time, the customer may be charged a cancellation fee. The provider is only then entitled to charge any cancellation fee. The settlement of a cancellation fee is subject to the cancellation conditions of the decision of the provider. The individual handling with cancellations is displayed in the profile of the provider and is already visible to the customer before concluding a service contract. Thus, all risks related to any cancellation are known to both users.

7. OTHER LIABILITY PROVISIONS

Coachfox accepts no liability for the quality, content, suitability, suitability and correctness of the service offered by MeetFox and its providers. Vendors are themselves responsible for the accuracy and legality of their specified content. The accuracy, timeliness and legality of this content can therefore not be guaranteed. To the extent permitted by law, Coachfox assumes no responsibility for user-generated content, services offered and related damages.

Coachfox points out that providers are not checked for the existence of qualifications, degrees, business licenses or other approvals to offer their services through MeetFox. Any claims due to incorrect information or non-existent qualifications are to be made against the provider. The assessment of the competence of the providers and the compliance with any advice given by suppliers are the sole responsibility of the customer. To the extent permitted by law, users hereby agree to bear the entire risk associated with the use of the services offered on MeetFox.

MeetFox users are not entitled to MeetFox services and features. MeetFox reserves the right to change or terminate functions, services and / or all activities on the platform at any time for any reason, if this is reasonable for the contracting party under the terms of the contract. Coachfox makes no representations or warranties as to the reliability, punctuality, quality or suitability of the MeetFox features and assumes no responsibility for the correct and error free use of the Services.

7.1. User Generated Content
Providers provide content about themselves that may be used by Coachfox and thus MeetFox and made available to other users, with the rights to user content remaining the property of the respective user. By uploading content providers such as text, photos, images, graphics, hyperlinks and videos, users grant Coachfox and thus MeetFox a worldwide, perpetual, irrevocable, transferable, royalty-free, sublicensable license, and the right to publish, store and share other utilization of the user content via all Coachfox and MeetFox distribution channels and marketing formats without the separate request of the user's permission.

7.2. Copyright
The MeetFox platform and the content provided on MeetFox are the property of Coachfox and may be used by users solely for the purposes of the services offered on MeetFox. For this, Coachfox or MeetFox grants its users a limited, non-exclusive and non-transferable license. The rights for Coachfox or MeetFox and their designs, layouts and program codes are owned exclusively by Coachfox and licensed third parties. Coachfox and MeetFox each run a blog and publish content without warranty of scientific accuracy. Coachfox is also not liable for the content of external websites or hyperlinks linked to Coachfox or MeetFox or the associated social media channels.


7.3. Exemption
Coachfox always strives to achieve undisturbed as possible and proper use of MeetFox and all the associated features. The user acknowledges that shutdowns or malfunctions may occur for maintenance and repair work. Coachfox therefore assumes no responsibility for unrestricted access or availability of the Coachfox or MeetFox scope of services.

Coachfox points out that any performance delays or outages may occur. Users hereby agree to indemnify Coachfox and all of its officers, employees and contractors for all claims, claims, losses, liability, damages and costs (including attorney's fees) arising out of the use, receipt and offering of services offered through MeetFox. This includes any claims for infringement or violation of the Terms by the user, the use of user-generated content and the infringement of third-party rights. Coachfox shall not be liable for legal costs, costs incurred by the user for the lawyer's fees or the costs of publishing judgments, claims for damages or other claims of third parties;

The hereby described liability conditions do not restrict the consumer protection rights of the user as well as mandatory statutory provisions, the exclusion of which is not permitted by law.

8. CONTRACT DURATION / EASY RESOLUTION

The contractual relationship is concluded for an indefinite period, but can be terminated at any time without notice and without giving any reason individually by both parties (Coachfox and users) in writing. Also for the premature termination of the contract entitle other material breaches of contract. If a provider has already transacted transactions via the electronic payment service Mangopay, the collected credit from the eWallet will be paid out to the specified bank account of the provider prior to termination / deletion of the user account. /p>

9. DATA PROTECTION

The user agrees that his personal data, namely name, date of birth, address, telephone number and email address, if specified for the purpose of contract fulfillment and care of the user as well as for own advertising purposes of Coachfox or MeetFox, for example for the sending of offers, Messages and newsletters (in electronic form), as well as for the purpose of indicating the existing or former business relationship (reference note) are automatically supported, stored and processed.

If the button "I would like to be informed about news and offers by MeetFox via email" is activated during registration, the user agrees that electronic mail will be sent to him for advertising purposes until further notice. This consent can be revoked at any time in writing by email to office@coachfox.com or to office@meetfox.com.

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