Please read these GTC as they contain important information!
1. SCOPE OF APPLICATION
1.1. These General Terms and Conditions (hereinafter “GTC“) govern the contractual relations between NoTube GmbH, Kerschhoferweg 14, A-8010 Graz (hereinafter “NoTube”) and parents or legal caregivers (hereinafter “Clients”) who wish to engage in a service of NoTube.
1.2. This GTC applies in the form that was valid at the time that the contract was entered in to.
2.1. NoTube offers medical services for children with early childhood eating behaviour disorders as per definition in paragraph 3.
3. PROVISION OF SERVICES UNDER THE COUNSELLING AGREEMENT
3.1. Type of counselling services offered by NoTube in detail:
3.1.1. Interdisciplinary psychosocial counselling services and support within the framework of an intensive on-site course for children with early infant eating behaviour disorders and their families, in particular, for tube-fed children, with the objective of tube weaning (hereafter “Eating School”).
The service provision of the Eating School includes:
– Individual and group counselling and psychosocial therapy sessions, therapeutic play picnics, playgroups.
– The telemedical pre- and aftercare.
– Meals, which are consumed by the attendants (children, siblings and a maximum of two accompanying adult persons) as part of the therapeutic play picnics.
3.1.2. Other consultations, therapy sessions or courses for children, parents or families with the topic of early childhood eating behaviour disorders.
3.1.3. Telemedical counselling for families with tube-fed children with the goal of tube weaning (hereafter “Netcoaching”).
3.1.4. Telemedical counselling for (early) children’s eating behaviour disorders, or the counselling, pre-and after care of tube-fed, or formerly tube-fed children.
3.1.5. At-home consultation for families with children with eating behaviour disorders at home and abroad.
3.1.6. Telemedical pre-evaluation of the child’s health-related data for the purpose of assessing the suitability of counselling, as well as the chances for improvement of the eating behaviour based on the child’s data as transmitted by the client (hereafter “assessment”).
3.1.7. Information and counselling events organised in small groups for families with children with infant eating behaviour disorders at home and abroad.
3.2. The provision of services in paragraph 3.1.1-3.1.6 take place under the supervision, or where applicable under the leadership, of trained expert staff, who have obtained training, specific professional knowledge and experience, and where necessary special professional accreditation, in the area of tube weaning and early infant eating behaviour disorders. It is noted that the service provision offered by NoTube is not essentially a physical-medical act/intervention in its immediate sense, but is to be understood as psychosocial counselling of families with the objective of normalising the child’s eating behaviour and the parents’ feeding interaction to the greatest possible extent. The service provisions according to Paragraph 3.1.7. are carried out by trained members of staff, who have obtained the relevant training, expert knowledge and experience.
3.3. The goal of the counselling services is achieving a normalization of the child’s eating behavior and interaction with parental feeding and/or achieving predetermined goals. Notube performs all counselling services/ treatments according to state of the art methods and to the best of knowledge and belief of the therapists. However it is stated that Notube does neither guarantee not owe treatment or counselling success.
3.4. NoTube provides the counselling services with the appropriate level of care. Clients shall acknowledge and confirm that the quality of the counselling services depend decisively on the completeness and accuracy of the information provided during registration and on the Questionnaire as well as the observance of the commitments outlined in Paragraph 7.
3.5. The telemedical counselling is executed via a web-based internal platform (hereinafter „interaction screen”). The interaction screen is a personal area in which clients and the NoTube can communicate and display all relevant data.
3.6. NoTube provides counselling within the scope of the telemedical counselling, including answering client’s questions generally within 24 hours. In the event of system defects, technical difficulties, or other problems that render the interaction between NoTube and the clients impossible, clients can apply per e-mail to the emergency address provided to them.
3.7. The assessment constitutes an evaluation as to the suitability for a telemedical counselling or participation in an Eating School as well as to the chances for improvement of the child’s eating behaviour, based on the child’s data transmitted by the client. This is, however, no substitute for a personal consultation and diagnostics of the treating physician under consideration of the overall and current state of health as well as the underlying diagnosis of the child.
3.8. The team of NoTube fulfils the assessment, based on the child’s data transmitted by the client carefully and diligent. However, it is stated that no guarantee can be given for the consideration of all data (medical records, ect) made available, if:
– it does not contain a medical summary (by a physician) of all findings and diagnoses relevant for the treatment,
– the medical records exceed a total of 5 pages,
– the provided documents are not provided in German or English language.
3.9. For services beyond those according to paragraph 3, the treating physician is soley responsible. The services provided by NoTube are by no means a substitute for routine, necessary or emergency medical examinations, counselling or interventions.
3.10. Any and all additional service provisions, which are not explicitly listed in the counselling contract, according to Paragraph 3, are to be considered voluntary and free-of-charge service provisions by NoTube (in particular translation services in diverse languages, except German and English during the counselling, assistance with travel arrangements or insurance reimbursement claims, special food requests, which extend beyond the provided catering, provision of internet access, or other infrastructure within the Eating School, trips, potential child care arrangements, etc.). Consequently, the client neither has a legal claim, nor is NoTube liable, for these services.
3.11. Costs for travel, accommodation, tube and liquid feeds, potential external treatment costs, external catering, as well as other diverse services (see Paragraph 3.9 und 3.10) are not included in the services defined in paragraph 3. The client is responsible for these.
4. ADMISSION CRITERIA
4.1. A mandatory admission criterion for eating school, is that the to-be-counselled child is under the supervision and care of a treating physician or a medical institution with physicians (hereafter “treating physician”) for the duration of the telemedical pre- and aftercare phase, or, respectively, for the duration of the agreement with NoTube.
4.2. The registration of the client as well as suitability of the child through a positive assessment (except those according to paragraph 3.1.7.) is admission criteria for counselling.
5. REGISTRATION AND ASSESSMENT
5.2. Following the transmission of the registration details, NoTube invoices the client for the assessment (hereafter “assessment fee”) according to the prices listed on the website. NoTube retains the right, based on the registration, without having to specify reasons, to refuse the client; in such cases, NoTube does not issue an invoice for the assessment fee.
5.3. Following the transmission of the registration details, NoTube invoices the client for the assessment (hereafter “assessment fee”) according to the prices listed on the website. NoTube retains the right, based on the registration, without having to specify reasons, to refuse the client; in such cases, NoTube does not issue an invoice for the assessment fee.
6. COUNSELLING AGREEMENT FORMATION
6.1. Following the transmission of the registration details, NoTube invoices the client for the assessment (hereafter “assessment fee”) according to the prices listed on the website. NoTube retains the right, based on the registration, without having to specify reasons, to refuse the client; in such cases, NoTube does not issue an invoice for the assessment fee.
6.2. If the child is suitable for counselling (meeting of the admission criteria, as well as positive conclusion of the assessment, hereafter “suitability”), the client has the option to enrol in counselling. This suitability is generally valid for 4 months. After that time period, depending on the child’s health status and at the discretion of the NoTube, the assessment has to be repeated.
6.3. It is in the responsibility of the client to inform the acting physician and/or the health insurance in advance of the intention to attend the eating school (and if applicable, to wean the tube) and, if necessary, obtain his or her consent.
6.4. If the client wishes to proceed with counselling, and given the child’s suitability, the client is asked to pay the counselling fee. For the period of valid suitability, the applicable price is that on the transmitted invoice for the chosen telemedical counselling. Beyond that, the prices currently listed on the website apply. With the completion of payment of the counselling fee, the contractual agreement is formed, in which NoTube agrees to provide services according to Paragraph 3 of the terms and conditions (hereafter “counselling agreement”).
6.5. To all services, according to Paragraph 3, apply the counselling fees, registration and payment deadlines, as well as conditions at the time of contract formation, currently listed on the website.
6.6.The fees are to be paid in Euro (€) and include applicable taxes. Any applicable conversion fees, banking fees, credit card fees or other fees (paypal, stripe etc.) are to be paid by the client. In case of Netcoaching and Eating School, the payment of the counselling fees may be done at once or in maximal 3 equal instalments. Either ways, the full fee must be cleared 30 days before course start.
6.7. Clients do not have any right to the conclusion of a Counselling Agreement with NoTube on the basis of a suitability. NoTube expressly reserve the right to refuse the conclusion of a Counselling Agreement without provision of cause. In the event that no agreement is concluded between NoTube and the clients, the clients shall not have any right to reimbursement of the evaluation fee.
6.8. The binding reservation of a particular Eating School date is only possible after payment of at least one instalment.
6.9. With conclusion of the counselling agreement, the client explicitly confirms that he has been sufficiently informed about the planned treatment/counselling , the treatment goals and the possible risks.
7. PARTICULAR CLIENT COMMITMENTS ARISING FROM THE COUNSELLING AGREEMENT
7.1. Clients agree to carefully save the user ID and password, treating them confidentially and protecting them from misuse by third parties. Clients are prohibited from permitting third parties to use the interaction screen with their user ID and password. The clients shall be held liable for harm that occurs to NoTube through unauthorized use of the user ID and password, to the extent that it resulted from the negligence or intentional action of the client.
7.2. General commitments from the Counselling Agreement:
Clients agree to uphold the following commitments during provision of the counselling agreement:
a. to conscientiously follow and implement the action guidelines provided by NoTube;
b. to provide the complete, correct, and true Feeding Journals, videos and/or any further information via the Interactive Screen and in the event of outage, per e-mail to the address provided;
c. to ensure the provision of medical care and supervision of the counselling by an acting physician as well as the prompt consultation of the acting physician or another physician should complications arise in connection with the dehabituation or other health-related problems of the tube feeding dependent child;
d. to promptly communicate via the Interactive Screen and in the event of outage, per e-mail to the provided email address, any medical findings and diagnoses that the acting physician and/or the client ascertains, including in particular those relating to complications in connection with the dehabituation and other health-related problems of the child;
e. to immediately communicate any perceived misunderstandings and/or conflicts that could lead to impairment of the trusted relationship between the client and the NoTube Team and thus lead to the deterioration of the parents’ and/or the child’s observance of the instructions of the NoTube Team;
f. to immediately communicate any divergence among the views of the team of local therapists (where one exists) and the current recommendations of the NoTube Team or any other disturbing factors that could lead to impairment of the trusted relationship between the clients and the NoTube Team and thus lead to the deterioration of the parents’ and/or the child’s observance of the instructions of the NoTube Team;
7.3. Particular commitments during the Eating School:
Clients agree to uphold the following commitments during the attendance of the eating school:
a. to conscientiously follow and implement the action guidelines provided by NoTube including hygiene guidelines and house rules;
b. to promptly communicate any illnesses with acute danger of infection of other families or severe medical conditions which prohibits participation of the eating school.
c. a respectful behaviour with the NoTube–Team, as well as other participating families.
d. The clients are reponsible to discuss and facilitate the adequate vaccination status with their acting physician before start of the program.
7.4. Clients agree to advise NoTube before conclusion of the agreement of any legal, administrative, or other regulation within the jurisdiction in which the clients reside to the extent that these are of relevance for the provision of services.
7.5. It is stated that NoTube, as well as external service providers acting for NoTube (physicians, therapists), can only guarantee accurate treatment if a medical summary (provided by a physician) of all findings and diagnoses relevant for the treatment is transmitted in german or english language before the start of treatment.
8. DURATION OF THE COUNSELLING AGREEMENT
8.1. Regarding the duration of the counselling services according to paragraph 3, the current information listed on the website applies.
8.2. The scope and duration of the counselling service, in conjunction with Netcoaching, depend on the individual and concrete circumstances (condition of the child, status of the tube wean or the present early infant eating behaviour disorder, etc.) Netcoaching continues, after commencement of the agreement, until the successfully completed tube wean and ends 35 days after the last tube feed, given a stable weight progression, or, in any event, six months after the start of counselling.
8.3. The Eating School consists of following elements:
a. An on-site intensive course over 2 weeks (detailed schedule according to website)
b. The telemedical pre- and aftercare. Regarding the duration of telemedical aftercare, the current information listed on the website applies.
8.4. Both NoTube and the client may terminate the Agreement in writing at any time and without notice. In the event that the client terminates, NoTube cannot assume any further responsibility beyond the defined Agreement and reserves the right to suggest that the clients avail themselves of the advice of a local physician. In this case, the cancellation policy (paragraph 9) applies.
8.5. NoTube has the right to temporarily suspend or completely discontinue the counselling when the clients fail to uphold their commitments or in case of unforeseen events that render a further attendance to the Eating School impossible (e.g. acute illness of the child with health risk of the child or other attendants). In either case, clients shall not be entitled to either partial or complete reimbursement of the evaluation or the counselling fees or to any other (financial) entitlement.
8.6. The clients acknowledge and confirm that NoTube will promptly terminate the counselling and that access to the Interactive Screen will be cut off upon the expiration or termination of the Agreement by one of the parties.
9. CANCELLATIONS AND REFUNDS
9.1. Eating School: Full (100%) of the counselling fee will be refunded in case of sign-out by at least 30 days before the Eating School starts. In case of reasons as defined in paragraph 9.2 or in case of sign-out at least 14 days before the Eating School starts, a postponement of the Eating School is, subject of booking situation, possible free of costs. In case of sign-out due to an unforeseeable event (death of a close family member, severe accident as well as a severe disease of the child which makes the participation in an Eating School impossible) 100% of the counselling fees will be refunded if notification is made within 7 days before the start of the Eating School. 50% of the counselling fees will be refunded if notification is made within 1 day before the start of the Eating School. Precondition for a refund is an official medical certificate regarding the unforeseeable event. In case of non-appearance or sign-out later than the reference date, all costs will be retained.
9.2. In case of sign-out due to other reasons than defined in paragraph 9.1, 75% of the counselling fees will be refunded if notification is made within 14 days before the start of the Eating School. 50% of the counselling fees will be refunded if notification is made within 7 days before the start of the Eating School. In case of non-appearance or sign-out later than the reference date, all costs will be retained.
9.3. In case of sign-out due to other reasons than defined in paragraph 9.1, 75% of the counselling fees will be refunded if notification is made within 14 days before the start of the Eating School. 50% of the counselling fees will be refunded if notification is made within 7 days before the start of the Eating School. In case of non-appearance or sign-out later than the reference date, all costs will be retained.
9.4. Reference date is always and exclusively related to the date of the booked Eating School and need to be exactly 14, 10, 7 and 1 days before the Eating School will start. The notification of cancellation and request for a refund has to be sent via email to firstname.lastname@example.org at least on the reference date including all applicable certificate(s). Notification date is date of email receipt.
10. LIMITATION OF LIABILITY AND INDEMNIFICATION
10.1. NoTube only assumes liability for harm arising in connection with the performance of the agreement from intentional or grossly negligent conduct. Contractual or non-contractual liability on the part of NoTube for any other direct, indirect harm or consequential damages or health problems or the death of the child, irrespective of legal cause, is completely and expressly excluded except where otherwise imposed by applicable law.
10.2. NoTube and external service providers acting on behalf of NoTube shall not be liable for damages resulting from the omission of the transmission of medical information and documents in an understandable, readable and professionally summarised form, in particular those pursuant to Clauses 3.8 and 7.5.
10.3. The attendance of the Eating School is generally on the clients own risk.
10.4. The client retains, for the entire duration of the counselling agreement, in particular for the duration of the Eating School, the duty of care and supervision over his child. The client is liable for any damages caused by him, his child or any other family members during the Eating School.
10.5. The use of, or entering of, interior or exterior facilities (therapy centre, parking lot, playground, garage, etc.), of facilities of NoTube, as well as, in particular, facilities not belonging to NoTube, occurs at the clients’ own risk.
10.6. NoTube is not liable for self-inflicted personal or property damages, loss or theft of valuables, neither within nor outside of NoTube facilities.
10.7. NoTube shall not assume liability for costs (e.g. travel cancellation fees etc.) that may arise through termination of the counselling agreement (for whatever reason).
10.8. NoTube shall not assume liability for negligent conduct or omissions of the clients, including for neglect of medical advice or belated advice of the acting physician in the event of complications in connection with the dehabituation or other medical problems of the child, for disregard of risks on the part of the clients or third parties, for unsuitable or improper or careless medical supervision/treatment of the child on the part of the acting physician in connection with the telemedical counselling or for other medical problems of the child.
10.9. NoTube assumes no liability for interruptions in supervision that are due to power or network outages as well as other disturbances that are not exclusively attributable to shortcomings in the internal operations infrastructure of NoTube. Moreover, NoTube also assumes no liability for deficiencies and disturbances for which it is not responsible, most notably deficiencies in security and the operational failure of third party companies with whom NoTube collaborates or on whom NoTube is dependent.
10.10. NoTube shall not be held liable for the misuse of the internet and damages resulting therefrom that are incurred upon the clients by third parties or upon third parties by clients.
10.11. The clients agree to completely indemnify NoTube for any harm that NoTube suffers as a result of any conduct on the part of the clients that is in violation of the client´s commitments under this agreement. Such harm includes but is not limited to the damage claims of clients, third parties, court and attorney’s fees and the like.
10.12. NoTube assumes no liability to the clients for direct or indirect damages or health-related problems or the death of the child or disadvantages that arise from the referral to, treatment or rejection of treatment by the treating physician or other health care institutions.
10.13. Any limitation and exclusion of liability contained in this section also applies without limitation for any bodies, any representatives, any employees, any auxiliary personnel and any other contractual party of NoTube. The liability of these persons named in Section 10 is also disclaimed for gross negligence and intentional conduct to the extent legally permitted.
11.1. The clients recognise and acknowledge that for the formation and fulfilment of the agreement, a transmission of, access to and processing of personal data of the clients, their children and the children’s medical history is absolutely necessary. They hereby give their consent that all data, in connection with the provision of services, may be processed, used and saved by NoTube.
11.2. Support is based on an online-based interaction between NoTube and the clients. NoTube agrees to save securely and treat confidentially all data transmitted in this way, in particular nutrition protocols, reports about the child’s behaviour, check-up questionnaires and videos.
11.3. NoTube agrees to maintain the nationally applicable privacy policies.
11.4. The clients acknowledge that the final report, detailing the conducted counselling activity, unless expressly forbidden by the client, may also be send to the treating physician, as named by the client.
11.5. Without permission from the client, NoTube will only share confidential information for the following reasons:
– As a result of judicial or administrative order, e.g. on-going court cases, court ruling or legal proceedings against NoTube or the client.
– In the event of a present imminent danger (massive risk to the child’s health, potential cases of suicide or homicide).
11.6. Through the unencrypted transmission of data within an open network, that data may be read, altered, or destroyed by unauthorized third parties. Every transfer of data to NoTube therefore takes place at the client´s own risk.
11.7. The clients also expressly consent to the unlimited use for scientific purposes and publications of any data concerning the clients, their children, the medical histories of the children and the supervision in anonymized form. They also consent to the transfer of that data to third persons in anonymized form for those same purposes. NoTube TelmedCentre expressly agrees to transfer the data to third persons only in anonymized form.
11.8. The clients further agree that NoTube may use anonymized statistical client data for marketing or presentation purposes.
11.9. The publication of non-anonymised personal data (including pictures, references, videos) for advertising and presentation purposes (e.g. website, flyer, conference appearance, etc.) only occurs with express permission from the client.
11.10. The clients acknowledge and recognise that, as a result of insurance and professional regulations, NoTube is subject to mandatory documentation legislation in connection with the counselling service provided. Personal client data is therefore, after the end of the agreement, not deleted, but saved securely.
12. FINAL PROVISIONS
12.2. Clients are not entitled to assign the Counselling Agreement or any rights or obligations under the agreements to third parties.
12.3.Additions, modifications or the annulment of these GTC, subject to NoTube’s right to unilateral modification, must be made in a writing, signed by both parties in order to be legally valid. This provision also applies to the amendment or modification of the writing requirement enforced in this provision.
12.4. Should any one or several provisions of these GTC be or prove to be wholly or partially invalid, it shall not affect the remaining provisions. Any unenforceable provision shall be deemed to have been replaced by a valid provision that comes closest to approximating the intention of the invalid provision as is feasibly possible. The same applies to any gaps or omissions in these GTC.
12.5. The present terms and conditions, the contractual agreement between NoTube and the client, as well as any resulting disputes, may be contested exclusively under Austrian law. The exclusive place of jurisdiction shall be Graz (Austria). By accepting these terms and conditions, the client explicitly agrees, irrespective of his place of residence, to bring disputes against NoTube exclusively before an Austrian court.