General Terms of Use (Disclaimer)

  1. Scope of Application

    1. The website www.notube.at and its webpages (hereinafter “Website”) are operated by NoTube GmbH, organized in Graz, Austria (hereinafter “NoTube”).

    2. The Website is targeted both at persons resident within Austria as well as elsewhere. The Website and the General Terms of Use are in conformity with the Austrian regulatory environment. Persons who access and/or register on the Website (hereinafter “Users“) agree to the following agree to the following Terms of Use and Privacy Policy (hereinafter “Terms of Use“) conditions and accept the exclusion of liability.

    3. The Website may not be used by persons who are subject to the laws of a jurisdiction that prohibits the content of this Website or access to the Website on the basis of the User’s nationlity, place of residence, or other reasons.

    4. The use of NoTube’s services is governed by NoTube’s General Terms and Conditions (GTC). Information contained on the Website concerning NoTube’s services as well as prospectuses, brochures, advertisements, or other information do not represent a binding proposition or offer toward formation of an agreement. Prerequisites for the formation of an agreement with NoTube are registration, the unreserved acceptance of the GTC and the fulfillment of the admission criteria.

  1. Modification of the Terms of Use

Modification of these General Terms of Use may be made at any time without notice and become effective immediately upon publication on this Website.

  1. Access and Availability

The User has no entitlement to access to this Website or the error-free technical availablity of the Website. NoTube may block or limit access to the Website at any time and without notice.

  1. Contents

    1. The contents of this Website (hereinafter “Contents”) serve solely to provide general information about NoTube and its services as well as general information concerning issues in connection with childhood eating disorders and tube feeding dependency and the dehabituation from such dependency in particular. The information contained on this Website concerning NoTube’s services does not represent an offer to Users.

    2. Any Contents on this Website may be modified, amended or removed by NoTube at any time without notice.

    3. The User is explicitly advised that the Contents of this Website cannot in any way provide a substitute for the professional counselling, examination, or treatment by appropriate specialists, such as physicians or qualified medical personnel.

    4. External Links: This Website contains links to the websites of third parties. These links merely serve to enhance the user friendliness of the Website and do not represent an endorsement of the Contents of any other website. As a general rule, NoTube cannot assume any responsibility for the website of a third party. Thus, the activiation of a link is performed at the User’s own risk. Any links to a third party from our site is not subject to our policy. Please refer to the privacy policies on each of these sites before entering any information about yourself.

    5. Public areas: Any information that is posted within public areas like comments in our news section may be seen by third parties and is not controlled by NoTube.

    6. Advertisement: The websites of NoTube does not contain any advertisements.

  1. Privacy Policy

This Privacy Statement will describe the information that we collect from our users, the ways to update your information, and how we keep your information private and secure.

    1. Log-Files: NoTube maintains log files which collect visitor information pertaining to a user’s visit on the NoTube website. These log files contain statistical data (user’s IP address, the date and time of the visit and others) used to analyze traffic patterns.

    2. Cookies: A cookie is a small amount of data, which often includes an anonymous unique identifier, which is stored on your computer’s hard drive. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. NoTube’s cookie usage is not tied in with any personally identifiable information. NoTube uses cookies to store your user ID on your computer, to allow an integrated login to the personal area. This cookie is stored only while your webbrowser is open and is removed when you close your webbrowsing software. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. (Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.) You may reject all cookies sent to you by NoTube without experiencing any loss of website functionality.

    3. Analysis of user traffic: NoTube uses Google Analytics and HubSpot Marketing automation for analysis of website traffic and for improvement of the websites content (subject to modifications).

    4. Transfer of user data: All personal information is otherwise private, and will not be made available to any external party, company, other user of the website, other person, or other entity in general, without the express consent of the user. The staff of NoTube access user information only for legitimate or authorized administrative purposes. Without the expressed content of the used, NoTube may only transmit private data for following reasons:
      – when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our website. If someone’s life is in danger (acute and serious medical condition oft he child, potential cases of suicide or homicide).

    5. Data security measures: NoTube uses strict security measures to safeguard privacy. All users, including clients and staff of NoTube, are required to login to access the site’s main functionality and services. Only the email address and the password are stored in a secure database. Users are automatically logged off their accounts after a timeout period has been reached. NoTube does not allow users to automatically save (or cache) login information onto their computers (although a user’s webbrowser may provide such an option that is beyond our control).

  1. Registration

    1. Users who like to engage a service of NoTube have to register. For the engagement of services, separate general terms and conditions apply.

    2. After registration, NoTube authorizes registered user with password and user-ID, to enter the interactive screen.

    3. When registering, users are asked to provide personal information about themselves and their family (hereinafter “registration data“). The registration portal is a secured area of the website. NoTube is committed to save transmitted private data in a secure way and keep them confidential.

Required information consists of:

(1) eMail address

(2) Password/Confirmation

(3) Name, adress of the parents and child

(4) Type of requested therapy program

    1. The information required for registration must be filled out completely, correctly, and truthfully, where necessary, with the assistance of the acting physician. Registration is only permitted for an adult concerning a child over which the customer has the right of custody (parental custody). Entering data on other children or registering a customer with foreign or otherwise inappropriate data is prohibited. With the submission of the registration information, Customers expressly confirm to NoTube that the registration information is complete, correct and true and that the Customer has custody (parental custody) of the registered tube feeding depedent child.

    2. Information entered into your profile will not made public and available only to our experts in order to give the child the best as possible treatment. Furthermore, on some pages the user can communicate with our team engage in online coaching or counseling services whereby the child’s health-related data will be collected for the coaching service purposes only. All data collected by the questionnaires in your personal area is integrated into a research program which has been set up to evaluate our work properly and correctly.

    1. Deregistration: The deregistration is possible by sending an email to help@notube.com containing the child’s first and last name, date of birth, and the de-registration request. However, please be aware that it is a legal obligation of the professionals who were involved in a coaching relationship with the user, to maintain the user´s information in their personal records.

  1. Copyright

    1. Website Contents are protected by trademark, patent, copyright and other rights for the protection of intellectual property and are the property of NoTube. The rights of third parties are reserved.

    2. The User may only display, save, print, and copy the Contents for private use. The User may not alter the Contents, and all indications of copyright and trademark protection must remain in place. Any additional use of the Contents or portions thereof requires NoTube’s prior written consent. The following in particular are prohibited without NoTube’s prior written agreement:

a. any form of distribution, transfer, editing, and reproduction of the Contents or portions thereof for commercial purposes;

b. any form of publication of the Contents or portions thereof as well as any form of publication of derivative works that are substantially based on the Contents or portions thereof even for non-commercial purposes;

c. the linking of other websites with the Contents or of portions thereof.

    1. Excluded from these provisions are marked images and text that are designated as media information. These may be used without the prior written permission of NoTube solely in direct connection with news coverage of NoTube. Such use is conditioned upon the express indication of the source of the material.

  1. User Contributions

    1. NoTube may permit the Contents of Users on the Website (hereinafter “Contribution”). The User is responsible for the Contents of his or her Contributions. Through the submission of a Contribution to NoTube, the User confirms that he or she has the right to disseminate the Contents of his or her Contribution and that the publication of his or her Contribution on the Website does not infringe the trademark, patent, copyright, or other rights for the protection of intellectual property of a third person. With submission of his or her Contribution, the User agrees to absolve NoTube of and indemnify NoTube against all claims that are brought by third parties in connection with the publication of his or her Contribution.

    2. NoTube may refrain from publishing Contrbutions and remove published Contributions from the Website at any time without providing notice to the User and without providing any grounds. Tthe following forms of Contribution in particular will not be published:

a. those that violate legal provisions;

b. those that contain political, religious, or ideological statements;

c. those that contain statements that defame persons, ethnicities, institutions, organizations, or companies or that are otherwise liable to insult or provoke someone;

d. those that serve the advertisement, promotion, or production of private or commercial contacts;

e. those that contain personal data such as addresses, telephone numbers, or e-mail addresses of third persons.

    1. Through the submission of a Contribution for publication on the website, the User grants NoTube the unlimited right to use his or her Contribution. NoTube may also publish the Contribution or portions thereof elsewhere at any time or use the Contribution in another manner.

  1. Exclusion of Liability

    1. NoTube assesses the Contents as to their accuracy and currency. Nevertheless, NoTube cannot guarantee the accuracy, validity, currency, or completeness of the Contents. The Contents cannot on any account subsititute for the personal counselling or treatment of a physician or qualified specialists. NoTube requires all Users to consult a physician immediately in the event of health-related problems. Additionally, the Contents are not suitable for making discrete diagnoses or chosing treatment methods. NoTube assumes neither direct nor indirect responsibility for harm, health-related disturbances or the death of persons that may arise through the use or misuse of the Contents.

    2. NoTube disclaims any contractual or non-contractual liability for harm, health-related disturbances to the User or the death of persons resulting from use of the Contents. This exclusion of liability also applies for any bodies, representatives, employees, auxilliary personnel, and any other contractual partner of NoTube, including members of its team of therapists.

    3. NoTube assumes neither substantive nor legal responsibility for the direct or indirect reference to foreign internet sites in the form of links. This applies both to links and references placed within the Website as well as to the postings of Users.

    4. Additionally, NoTube cannot guarantee that the Website is free of viruses or other harmful components and assumes no liability for harms that occur to the User or third parties from such elements.

  1. Concluding Provisions

    1. Should any one or several provisions of these Terms of Use be or prove to be wholly or partially unenforceable on the basis of legal provisions, regulations, or legislative amendments, the remaining provisions shall remain in force, and 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. The same applies to any gaps or omissions in these Terms.

    2. Austrian law shall apply exclusively to the present Terms of Use as well as for any disputes arising therefrom. Venue shall be Graz (Austria) exclusively.