TERMS OF USE FOR CLIENTS
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/PSP/PSP_MANGOPAY_EN.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
Information required for registration is initially 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. The use of services of a provider on MeetFox may be liable to pay according to the provider and
requires for the execution of a payment other user information such as first and last name and address and
credit card information of the customer, but not directly by Coachfox, but by the financial services
provider Mangopay (see point 6 Terms of payment / Fee). For any communication between the customer and the
provider, only the "profile name" specified during the registration will be displayed and the full name of
the customer can be kept secret, if desired.
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. 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.
3.6. Communication
The 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 email 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 email 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.
4.1. 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 by credit card
The purchase of services published on MeetFox by providers is,
depending on the provider's information, subject to a fee and requires the customer to register on
MeetFox and to deposit a payment method which is limited to credit card payments for the time being.
The credit card data is transmitted to MANGOPAY using the encryption technology Secure Socket Layer (SSL).
The credit card information is stored at MANGOPAY to prevent re-entry of the credit card data during
further appointment-setting procedures. Coachfox notes that Coachfox's credit card information is neither
registered nor stored.
For the successful booking of a consulting service, the solvency of the customer must be verified by
the financial services provider Mangopay. This is done by a pre-authorization of the corresponding amount
on the credit card, which may appear at short notice as a booking. However, the credit card will only be
charged after the appointment has taken place or if a cancellation fee arises due to the provider's
cancellation policy. If the provider rejects an appointment request, the customer's credit card will not
be charged.
If the customer has made use of an appointment (which may also be shorter than the booked duration) or,
according to the cancellation policy of the provider, a cancellation fee, the agreed amount is due
immediately after the conclusion of the call and will be charged immediately. Customers agree that
Coachfox acts as a limited collection agent and thus agrees to the deduction of the service fee by 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.
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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. Return debit / payment default
Should there be a return debit, a 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.
5.3. 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.
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 Coachfox and thus
MeetFox may use and make it visible to other users, whereby the rights to user content remain 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, sub-licensable 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. A declared termination does not apply to services already used or dates already agreed and their possible payment obligation, depending on the stated cancellation condition.
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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