terms and conditions

General Terms and Conditions for the use of this portal and the online training courses (GTC)

foxstudy GmbH operates the internet portal foxstudy.de, a platform for the digital training of professionals in the therapeutic and medical fields. The following General Terms and Conditions apply to the registration and use of this platform.

1. definitions

In the following, we use various terms, which we define as follows:

• The term "operator" is used below as a representative of foxstudy GmbH.
• The term "user" is used below to refer to consumers and companies who visit the Internet platform whether or not they are logged in and use the functions provided, including registration, booking or other use of training courses and other offers.
• The term "training" is used below to refer to services such as digital courses, e-learning, blended learning and other training and further education offers and other learning and knowledge services from the fields of therapy, medicine, health, health science, health care and other subject areas that are offered on this platform and can be booked by users.

2 Scope of application, amendments to the General Terms and Conditions

(1) By registering for this portal, the user accepts these General Terms and Conditions as binding. Regulations deviating from these General Terms and Conditions shall only apply if they are confirmed in writing by the operator.

(2) If a user concludes a purchase contract for offers from another provider via this platform, additional and deviating general terms and conditions of the respective provider may apply. However, these are not the subject of these General Terms and Conditions and are to be considered in the relationship between the user and the respective provider of an offer.

(3) The operator is entitled to change and adapt these General Terms and Conditions during the current membership. The operator will notify users of the amended terms and conditions by email and draw particular attention to the new provisions. If the user does not object to such changes within six weeks of receipt of the notification, the changes shall be deemed to have been agreed. The user will be informed separately of the right to object and the legal consequences of remaining silent in the event of changes to the General Terms and Conditions. If users object to the amendment of these terms and conditions, the operator shall be entitled to terminate the user contract with respect to these users as of the date on which the terms and conditions of use come into force.

(4) The contract language is exclusively German.

3. subject matter of the contract of use

(1) The operator offers users of the internet platform www.foxstudy.de the opportunity to acquire access to the registration, booking, learning and other functional areas of this platform in accordance with the provisions of these General Terms and Conditions.

(2) The object of the license agreement is the provision of a globally accessible internet portal by the operator for digitally supported professional training and continuing education in the fields of therapy, medicine, health and other training topics for therapeutic and medical professionals. On this internet portal, users can purchase and attend digital training courses provided by the operator on this portal.
In addition, the operator can offer, market and provide its digital training courses on this platform. The operator is not liable for the accuracy of the content.

(3) The specific graphic and functional design of the contractual usage options, the expansion of the usage options with additional features or their supplementation with additional services are at the discretion of the operator and the operator is entitled to modify and adapt the specific design at any time while retaining the contractual usage options.

(4) The operator endeavors to make this platform available to users with the highest possible availability. This does not include times when the corresponding servers cannot be reached due to technical or other problems beyond our control (force majeure, fault of third parties, etc.). The operator is entitled to interrupt the availability of the server daily from 11:00 p.m. to 6:00 a.m. in order to carry out optimization and maintenance work. If and insofar as the user is able to use the server during maintenance periods, there is no legal claim to this. If there is a reduction or cessation of performance when using the server during maintenance periods, the user shall have no claim to liability for defects or compensation. Likewise, the user has no fundamental claim to permanent availability of the platform.

4. registration, obtaining a contract of use, obligations of the user

(1) Registration as a user is a prerequisite for booking and using digital training courses on the platform.

(2) Each user of the portal may only create one user account. The information provided during registration must be provided in full and to the best of the user's knowledge and belief. Changes to the data must be corrected or updated immediately, for example via the account settings.

(3) User accounts are non-transferable and the transfer of access data to third parties is prohibited. If the user realizes that his user account is being misused by third parties, he is obliged to inform the operator immediately.

(4) Natural persons must be of legal age to register.

(5) The user can obtain a contract of use by entering and submitting their user data via the online registration form integrated into the operator's platform. By clicking the button (register now) at the end of the registration process, the user submits a legally binding contractual offer in relation to the service offered. The operator can accept the user's offer within five days by activating the user account. Upon acceptance of the contract by the operator, the user receives an e-mail with a confirmation and the access data to the portal.

(6) The user is obliged to provide truthful and complete information about himself and/or his employer in accordance with the requirements of the registration form and to notify us immediately of any future changes to the information provided.

(7) All logins are individualized and may only be used by the respective authorized user. The user is not authorized to make his/her user account available to third parties. The user is obliged to keep the login and password secret and to protect them from unauthorized access by third parties. If the password becomes known to third parties, the user must immediately change the password in his account settings. If this is no longer possible due to a third party changing the password, the user must inform the operator immediately by e-mail or in writing so that the old password can be blocked and a new password can be assigned. The user is fully responsible for the actions of a third party to whom he makes his user account available.

(8) Users may only use the usage options provided by the operator within the scope of the contractually stipulated purposes. The user is prohibited from any misuse beyond this purpose limitation. This includes in particular the passing on of learning materials to third parties.

(9) The user must carefully protect his access data and in particular his password from misuse. He shall be liable for all activities carried out in his name and using his user account. This does not apply to misuse of the user account due to the fault of the operator.

(10) The operator is entitled to block a user's access to the internet portal and to terminate the user contract without notice if there is sufficient suspicion that the user has violated these terms of use. In addition, the operator is entitled to refuse to activate a new account for this user. The user can avert these measures if they dispel the suspicion by providing suitable evidence at their own expense.

(11) Statements and comments in messages, forum or blog entries should follow the rules of polite and respectful interaction. Criticism and opinions should be expressed constructively and be allowed. Violations can be punished by blocking the user account and exclusion from the portal.

5. term, termination and deletion of the respective user account

(1) The contract of use begins with the activation of the user account by the operator. The right of use runs for an indefinite period and can be terminated in writing by either party at any time.
In the event of termination, the user's profile will be deleted after expiry of the statutory retention periods, as will their contributions, content, learning statuses, certificates and other user data.

(2) Contractual obligations of the customer with the operator, which have arisen through the use of the platform or the ordering of training courses and other offers and which still exist at the time of termination, remain unaffected by the termination. The termination of these contractual obligations requires a separate notice of termination in accordance with the respective specifications of the Provider.
(3) Notwithstanding Section 5 (1), both the Operator and the User are entitled to terminate the contract of use without notice if there is good cause. Good cause exists in particular on the part of the Operator,

1. if the user breaches his contractual obligations or attempts to commit fraud and does not remedy this breach even after a deadline has been set
2. in the event of a criminal act by a user or an attempt to commit such an act, e.g. fraud
3. if the user defaults on payment obligations in accordance with the payment to be made resulting from booking transactions by more than six weeks
4. in the event of persistent operational disruptions due to force majeure beyond the control of the operator, such as natural disasters, fire, breakdown of supply networks through no fault of the operator
5. if it decides to discontinue the operation of the platform

(4) In cases 1 - 3, the operator is also entitled to delete the account and to refuse to set up a new account for this user after receipt of the notice of termination.

(5) The operator has the right to contact active and former users by email, in writing or by telephone for sales purposes in connection with the learning platform. The user can revoke this right at any time.

(6) The operator reserves the right to charge the user for any costs incurred as a result of misuse or negligent use of the user account.

6. costs, prices and conditions of sale

(1) Registration as a user is free of charge.

(2) The user shall only incur costs if he/she purchases fee-based training courses or other fee-based offers within the platform.

(3) The buyer must pay the purchase price by invoice or another means of payment offered on the platform when purchasing a training course from the operator.

(4) The invoice amount is due upon receipt of the invoice.

(5) Purchase on account is only possible for consumers aged 18 and over for services offered by the operator.

(6) The purchaser shall only receive the right to use a booked online training course upon full payment. If the Operator permits earlier access to training courses, this shall be subject to reservation and without granting a right of use.

(7) If the invoice amount is not paid by the due date for reasons for which the customer is responsible, the operator shall be responsible for charging a corresponding reminder fee.

(8) All prices are in Euro.

(9) VAT is not shown as the operator is a small business.
(10) The use of international payment transactions may result in additional costs for the user.

(11) Offers subject to a charge are marked accordingly. As a rule, the costs are one-off costs that are due immediately upon completion of the booking. In the case of term-dependent offers, including those that are automatically extended (subscription models), these are marked separately and the respective contractual conditions and costs are also stated.

(12) The user agrees to the storage of billing data for evidence purposes and/or within the scope of the statutory retention obligations in compliance with data protection regulations.

(13) The operator reserves the right to change prices and redesign its offers at any time.

7. booking and completion of purchase

(1) Booking a training course constitutes an offer to the operator to conclude a purchase contract. When booking, the user data stored in the user account or, for new users, the invoice data to be provided at the time of purchase shall be used. The user data collected at the time of registration can be changed and adjusted by a user in the account data. Following their booking, users receive an e-mail with the purchase confirmation, the purchase details and the activation of the purchased training course in the portal.

(2) A user can purchase training courses or other offers that are offered either by the operator of the platform or by another provider. In the latter case, the operator merely acts as an intermediary for the service offered. The training and the purchase process can then be carried out within the platform, as can invoicing, purchase processing and all associated contractual services. In certain cases in which the respective provider applies its own conditions, payment conditions or contractual services and conditions, this is indicated separately.

(3) In the case of training courses that are offered and/or organized by an external provider as face-to-face events, blended learning, webinars or in other forms, the general terms and conditions of the external provider shall apply. In this case, the Operator is merely the intermediary of the offer and is not responsible for the delivery or liability of these services.

(4) The buyer shall receive invoices in digital form by email if he has purchased a service on the platform. If a user purchases a training course or other service provided by another provider, they will receive an invoice in accordance with the contractual terms and conditions of the respective provider. In this case, the operator is merely an intermediary for the service offered.

8. provision of further training

(1) Once a digital training course has been purchased, it is available to the purchaser in the portal within the learning area.

(2) A booked training course is available exclusively to the purchasing user. The training course or training course materials may not be passed on to third parties.

(3) The right to use the operator's digital training courses, including associated certificates and other evidence, begins on the date of receipt of payment. The period of use is 6 months, starting from the time of booking, unless a different duration limit is specified in the course description. If the operator grants longer periods of use at no additional cost, the purchaser has no automatic legal claim to this.

(4) Non-digital training courses or training courses with attendance components are subject to the terms and conditions of the respective provider and are arranged, but not provided, by the operator.

9. instruction on the right of withdrawal for consumers regarding the delivery of digital content that is not delivered on a physical data carrier

(1) Users have the right to revoke contracts with the operator within fourteen days without giving reasons. The withdrawal period is fourteen days from the date of conclusion of the contract.

(2) However, if the user has used the service during the revocation period, he must pay the operator an appropriate amount. This corresponds to the proportion of the services already provided up to the time of revocation in relation to the total service.

(3) Reimbursement shall be made to the account and the recipient through which the payment was made.

(4) In order to exercise the right of withdrawal, the user must inform the operator (foxstudy GmbH, Hausacherstrasse 27, 8122 Binz, Switzerland, e-mail address: info@foxstudy.ch) by means of a clear statement (e.g. a letter sent by post or e-mail) of his decision to withdraw from this contract. In order to comply with the withdrawal period, it is sufficient for the user to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

(5) If a user withdraws from this contract, the operator must repay all payments, taking into account the services already used, which he has received from the user, immediately and at the latest within fourteen days from the day on which the notification of the revocation of this contract was received by the operator. For this repayment, the operator shall use the same means of payment that was used by the user for the original transaction, unless expressly agreed otherwise with the user; in no case shall the operator charge any fees for this repayment.

(6) The right of withdrawal does not apply to contracts for the delivery of digital content that is not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which is clearly tailored to the personal needs of the consumer.

(7) The right of revocation expires prematurely if the operator has only started to execute the contract after the user has given his express consent and at the same time confirmed his knowledge that he loses his right of revocation when the operator begins to fulfill the contract. The operator points out that it can make the conclusion of the contract dependent on the aforementioned consent and confirmation.

10. liability

(1) The operator endeavors to keep the information on the platform up to date and complete. The operator assumes no liability for the completeness, accuracy and timeliness of the information.

(2) Participation in the training courses is at the participant's own risk. The liability of the operator is limited to intent and gross negligence. This does not apply if main contractual obligations are breached.
Main contractual obligations are those which the contract must grant the user according to its meaning and purpose or whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the user may regularly rely.

(3) In the event of slight negligence, the operator shall also only be liable for damages that were foreseeable and typical for the contract at the time the contract was concluded.

(4) The Operator shall be liable to the User for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses on any legal grounds whatsoever

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb or health,
• on the basis of a guarantee promise, unless otherwise agreed,
• due to mandatory liability such as under the Product Liability Act.

(5) If the Operator negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the operator according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the user may regularly rely.

(6) Any further liability of the operator is excluded. The operator is also not liable for slightly negligent breach of secondary obligations that are not essential contractual obligations.

(7) The above liability regulations also apply with regard to the liability of the operator for its vicarious agents and legal representatives.

(8) The operator assumes no liability for the services of providers for whose services it merely acts as an intermediary.

11. assignment and set-off

(2) The user is not entitled to offset against the operator's claims unless the user's counterclaims have been legally established or are undisputed. The User is also entitled to offset against the claims of the Operator if the User asserts complaints or counterclaims arising from the same contract of use.

12. final provisions

(1) The contractual language is German

(2) All legal relationships and disputes arising in connection with the use of this platform and in connection with the contractual relationship shall be governed exclusively by Swiss law to the exclusion of conflict-of-law rules.

(3) The exclusive place of jurisdiction for all disputes arising from the contractual relationship is the registered office of the operator if the user is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany.

If you have any questions, please contact foxstudy, info@foxstudy.ch.

Date 05.09.2023, V7