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 Eat Campus”) and parents or legal caregivers (hereinafter “Clients”) who wish to engage in a service of NoTube Eat Campus.
1.2. This GTC applies in the form that was valid at the time that the contract was entered in to.
2.1. NoTube Eat Campus offers interdisciplinary psychosocial counselling for children with early childhood eating behaviour disorders, particularly courses for tube-fed children for the purpose of tube weaning as per definition in paragraph 3.
3. NOTUBE EAT CAMPUS´ PROVISION OF SERVICES UNDER THE COUNSELLING AGREEMENT
3.1. Type of counselling services offered by NoTube Eat Campus 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”). These ordinarily take place at the NoTube Eat Campus – Interdisciplinary Therapy Centre for Eating and Feeding Disorders, Elisabethstrasse 101, A-8010 Graz. 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.
3.2. The provision of services 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 Eat Campus 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.
3.3. In the event a medical intervention should become necessary, during the stay at the Eating School (e.g. in the event of acute illness, tube change, prescription of medication, etc.), the responsible leader of the NoTube Eat Campus Teams will make a recommendation regarding the consultation of a physician, or, respectively, advise or facilitate the transfer to a hospital. NoTube Eat Campus, however, is not liable for the keeping or neglect of a consultation or delayed consultation, or for the actions of third parties (see Limitations of Liability and Indemnity).
3.4. The eating school has the goal of achieving a normalization of the child’s eating behavior and interaction with parental feeding. Among others, the autonomous handling of eating and drinking by the child will be developed under supervision according to his or her age and developmental potential. Parental behavioural patterns will be respectfully addressed and, to the extent possible, corrected with specific guidance.
3.5. In cases where the purpose of the attendance of the Eating School is tube weaning, it should be noted that the complete transition to oral food may be aimed for, but cannot be guaranteed, but the NoTube Eat Campus Team will act according to their best knowledge and beliefs. In cases where the where the purpose of the attendance of the Eating School is to reach a predetermined goal, it should be noted that this goal may be aimed for, but cannot be guaranteed, but the NoTube Eat Campus Team will act according to their best knowledge and beliefs. Consequently, there can be no restitution claim for an unsuccessful or incomplete tube wean, or, where applicable, an objective that has not been reached.
3.6. NoTube Eat Campus 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 6.
3.7. The telemedical pre- and aftercare is executed via a web-based internal platform (hereinafter „interaction screen”). The interaction screen is a personal area in which clients and the NoTube Eat Campus can communicate and display all relevant data.
3.8. NoTube Eat Campus provides counselling within the scope of the telemedical pre- and aftercare, 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 Eat Campus and the clients impossible, clients can apply per e-mail to the emergency address provided to them.
3.9. NoTube Eat Campus does not provide counselling or other medical and/or other services beyond those defined in paragraph 3. These include non-medical consultation concerning underlying conditions and/or medical problems as well as other conditions and/or medical problems. Therapeutic services that go beyond those defined in paragraph 3, particularly during telemedical pre- and aftercare, fall within the exclusive competence of the acting physician and he or she is exclusively accountable for such services. The services provided by NoTube Eat Campus are no 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 3.1, are to be considered voluntary and free-of-charge service provisions by NoTube Eat Campus (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 Eat Campus 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 FOR THE EATING SCHOOL
4.1. The registration of the client as well as suitability of the child (through a positive telemedical assessment) is admission criteria for the Eating School. Registration and assessment will be executed by NoTube GmbH, Switzerland. Their GTC apply.
4.2. To be admitted to the eating school, the child receiving counselling must be under the care and supervision of an acting physician or a medical institution with physicians (hereinafter “acting physician“) throughout the duration of the counselling agreement with NoTube Eat Campus, particularly during the telemedical pre- and aftercare phase.
5. CONCLUSION OF THE COUNSELLING AGREEMENT
5.1. When a child is found suitable for attending an Eating School (fulfilment of the admission criteria and positive assessment, hereinafter „suitability“), the client may enrol for an Eating School.
5.2. It is in the responsibility of the client to inform the acting physician 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.
5.3. In this case, clients will be requested to submit payment of the fee for the Eating School at the currently applicable charges. For the time of validity of the assessment (4 months) these charges (hereinafter “counselling fee”) remain valid (charge as outlined on the bill). After that, the currently applicable counselling fees according to the website are valid. Upon complete payment of the counselling fee, a contract is formed in which NoTube Eat Campus agrees to provide the services outlined in Section 3 of these GTC (hereinafter “Counselling Agreement”).
5.4. Payment policy: 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.
5.5. The binding reservation of a particular Eating School date is only possible after payment of at least one instalment.
5.6. For all services defined in paragraph 3, the fees and conditions as displayed on the website as of the conclusion of the agreement, apply.
5.7. 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.
5.8. Clients do not have any right to the conclusion of a Counselling Agreement with NoTube Eat Campus on the basis of a suitability. NoTube Eat Campus 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 Eat Campus and the clients, the clients shall not have any right to reimbursement of the evaluation fee.
5.9. Before course start, the clients will be informed about the planned counselling, the daily routines, applicable internal guidelines as well as possible risks and will confirm this with their signature.
6. PARTICULAR CLIENTS COMMITMENTS FROM THE COUNSELLING AGREEMENT
6.1. 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 Eat Campus;
b. to provide the complete, correct, and true Feeding Journals via the Interactive Screen and in the event of outage, per e-mail to the address provided;
c. to provide in a complete, correct, and true fashion, any further information requested by NoTube Eat Campus (including, e.g., monitoring questionnaires) via the interactive screen and in the event of outage, per e-mail to the address provided;
d. to provide (upload) upon request videos of the tube feeding dependent child in the personal, secure area and in accordance with the instructions of NoTube Eat Campus;
e. to ensure the provision of medical care and supervision of the telemedical 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;
f. 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;
g. to promptly communicate any illnesses with acute danger of infection of other families or severe medical conditions which prohibits participation of the eating school.
h. to immediately communicate any perceived misunderstandings and/or conflicts that could lead to impairment of the trusted relationship between the client and the NoTube Eat Campus Team and thus lead to the deterioration of the parents’ and/or the child’s observance of the instructions of the NoTube Eat Campus Team;
i. to immediately communicate any divergence among the views of the team of local therapists (where one exists) and the current recommendations of the NoTube Eat Campus Team that could lead to impairment of the trusted relationship between the clients and the NoTube Eat Campus Team and thus lead to the deterioration of the parents’ and/or the child’s observance of the instructions of the NoTube Eat Campus Team;
j. to immediately communicate any other disturbing factors that could lead to impairment of the trusted relationship between the clients and the NoTube Eat Campus Team and thus lead to the deterioration of the parents’ and/or the child’s observance of the instructions of the NoTube Eat Campus Team.
6.2. 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 Eat Campus 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 Eat Campus –Team, as well as other participating families.
6.3. Clients agree to advise NoTube Eat Campus 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. DURATION OF THE COUNSELLING AGREEMENT
7.1. The Eating School consists of following elements:
a. An on-site intensive course over 2 weeks (12 course days net)
b. The telemedical pre- and aftercare. One week of tele-medical preparation in the week before the Eating School takes place on-site. For tube-fed children, Tele-medical aftercare is for 35 days after the last tube feed (in any case maximum 6 months after course). For children with all other feeding disorders, aftercare is 30 days after the last day of the Eating School.
7.2. Both NoTube Eat Campus and the client may terminate the Agreement in writing at any time and without notice. In the event that the client terminates, NoTube Eat Campus 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 8) applies.
7.3. NoTube Eat Campus 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.
7.4. The clients acknowledge and confirm that NoTube Eat Campus 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.
8. CANCELLATION AND REIMBURSEMENT POLICY
8.1. 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 8.2 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.
8.2. 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) 90% of the counselling fees will be refunded if notification is made within 14 days before the start of the Eating School. 75% 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 2 days 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.
8.3. In case of sign-out due to other reasons than defined in paragraph 8.2, 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. 25% of the counselling fees will be refunded if notification is made within 2 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.
8.4. Reference date is always and exclusively related to the date of the booked Eating School and need to be exactly 14,7 and 2 days before the Eating School will start. The 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.
9. LIMITATION OF LIABILITY AND INDEMNIFICATION
9.1. NoTube Eat Campus 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 Eat Campus 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.
9.2. The attendance of the Eating School is generally on the clients own risk.
9.3. 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.
9.4. The use of, or entering of, interior or exterior facilities (therapy centre, parking lot, playground, garage, etc.), of facilities on the NoTube Eat Campus, as well as, in particular, facilities not belonging to the NoTube Eat Campus, occurs at the clients’ own risk.
9.5. NoTube Eat Campus is not liable for self-inflicted personal or property damages, loss or theft of valuables, neither within nor outside the NoTube Eat Campus facilities.
9.6. NoTube Eat Campus shall not assume liability for costs (e.g. travel cancellation fees etc.) that may arise through termination of the counselling agreement (for whatever reason).
9.7. NoTube Eat Campus 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.
9.8. NoTube Eat Campus 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 Eat Campus. Moreover, NoTube Eat Campus 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 Eat Campus collaborates or on whom NoTube Eat Campus is dependent.
9.9. NoTube Eat Campus 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.
9.10. The clients agree to completely indemnify NoTube Eat Campus for any harm that NoTube Eat Campus 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.
9.11. Under no circumstances will NoTube Eat Campus assume 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.
9.12. 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 Eat Campus. The liability of these persons named in Section 9 is also disclaimed for gross negligence and intentional conduct to the extent legally permitted.
10. DATA PROTECTION
10.1. Clients acknowledge and confirm that the processing of personal data on the clients, their children, and the medical history of the children is absolutely necessary for the formation and performance of this agreement. They confirm their consent to the processing, use, and recording of any data by NoTube Eat Campus in connection with the provision of services.
10.2. The support is partially based on an online-based interaction between NoTube Eat Campus and the clients. NoTube Eat Campus agrees to save securely and treat confidentially the data transmitted thus, in particular nutrition protocols, reports about the child’s behaviour, check-up questionnaires and videos.
10.3. NoTube Eat Campus commits to comply with applicable data protection laws.
10.4. The clients acknowledge that the final counselling report may be sent to the client´s treating physician, unless this is not expressly prohibited by the client.
10.5. Personal data may only be disclosed without the clients consent for following reasons:
– When required by law wherein NoTube Eat Campus has 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.
– Imminent danger (e.g. massive health threat for the child, potential cases of suicide or homicide).
10.6. 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 Eat Campus therefore takes place at the client´s own risk.
10.7. The Client also expressly consent to the unlimited use for scientific purposes and scientific 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 Eat Campus expressly agrees to disclose the data to third persons only in anonymized form.
10.8. The clients further agree that NoTube Eat Campus may use anonymized statistical data sets of the client for marketing or presentation purposes.
10.9. The publication of non-anonymized personal data (incl. pictures, testimonials, videos) for marketing or presentation purposes is only done after expressed approval of the client.
10.10. The clients acknowledge and accept that NoTube TelmedCenter is subject to a legal requirement of documentation obligation related to the provided counselling services. Personal data will be kept and archived even after termination or end of the counselling agreement.
11. CONCLUDING PROVISIONS
11.2. Clients are not entitled to assign the Evaluation Agreement or the Counselling Agreement or any rights or obligations under the agreements to third parties.
11.3. Additions, modifications or the annulment of these GTC, subject to NoTube Eat Campus´ 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.
11.4. 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.
11.5. Austrian law shall apply exclusively to the present GTC, the contractual relationship between NoTube Eat Campus and the Clients as well as for any disputes arising therefrom. Venue shall be Graz (Austria) exclusively. By accepting these GTC, the client confirms explicitly that, independent of this place of residence, he/she will submit any dispute only to an Austrian court.