General Terms and Conditions and Customer Information
Icebreaker.online is a service provided by metaFox – Friedle und Weghorn GbR, hereinafter referred to as metaFox. The following terms and conditions apply to the provision of the icebreaker.online software:
Definitions
“Provider”, hereinafter also referred to as “metaFox” is metaFox – Friedle und Weghorn GbR.“Customers” are those persons who register as users on the site: app.icebreaker.online/signup.
“Moderators” are users with a customer account.
“Participants” are persons whom the moderator invites – using the software – to use without a user account with an invitation link. This does not create a contractual relationship between the Participant and the Provider.
“Products”, hereinafter also referred to as “Software”, means the provision of the Software-as-a-Service solution described under icebreaker.online.
Area of Application
For all business relations between metaFox and the customer, thus also for services provided free of charge, these terms and conditions as well as the General Terms and Conditions (hereinafter referred to as “Terms”) of metaFox shall apply exclusively.
Conflicting terms and conditions of the customer shall only be effective if they are expressly accepted by metaFox in writing.
These Terms and Conditions may be amended by metaFox at any time at its sole discretion. Such an amendment shall be notified to the customer by e-mail and shall be effective towards the customer after two months. The customer is entitled to object to the amendment in writing within four weeks after receipt of the e-mail. If the customer does not object, the amendment shall be deemed accepted and binding. metaFox shall separately point out the possibility of objection and the legal consequences just mentioned in the notification e-mail.
Services of the provider
Icebreaker.online offers moderators of online coaching sessions, online team meetings and similar sessions the possibility to stimulate interaction and exchange among the participants. The functions available for this purpose can be viewed in each case in the app or at icebreaker.online.
Obligations of the customer
In order to use the products offered, each customer must register in advance on icebreaker.online with an email address and a name. In order to use all functions, it is also necessary to provide access data. A registration may not be made using false data. Only the person in whose name the account is registered is authorized to use the moderator functions.
The access to the products of the provider may not be misused by the customer, handed over or sold to third parties against payment or free of charge or traded with in any other way.
The Customer undertakes not to use the Product in any way or to make it available to others in any way that may cause damage to third parties or that may endanger the security or operation of the Provider. The customer shall fully indemnify and hold the provider harmless from any claims of third parties based on the violation of these obligations.
The customer shall inform the provider immediately of any changes in account or payment information or other essential information. Any costs incurred as a result of incorrect information (for example, in the case of incorrect bookings due to incorrect account information) shall be borne by the customer.
The customer is obligated to ensure the data protection of his participants and to recommend, for example, the use of first names (instead of full names). In any case, the provider cannot be held liable in case of violation.
The customer is not entitled to reverse engineer, decompile or disassemble the software.
Warranty and liability
The provider assumes no liability for sessions or interventions of the customers.
The provider does not guarantee the functionality on the end device of the customer. If for technical reasons no use of the product is possible and the use is not made possible by the provider within 14 days – after written notification by the customer – the customer is entitled to unilaterally terminate the contractual relationship before the expiration of the notice period. A refund of payments already made will not be made.
The software is maintained regularly. The provider tries to inform about maintenance and failures with sufficient advance notice. Under no circumstances will the provider be liable for any resulting schedule failures and delays between the customer and its participants.
The end devices of the customer and the Internet connection are not the subject of performance of the provider. The provider is not liable for damages and defects that are not in the sphere of the provider (in particular connection errors, disruptions of public communication networks, lack of system requirements).
The provider is liable for damages only in case of intent and gross negligence, only in case of personal injury also for slight negligence.
Prices and terms of payment
The list prices valid on the day of delivery, available at www.icebreaker.online/#pricing, as well as other individually agreed contract terms in written form (signature), apply to the individual products. Payment is made via the payment processor www.stripe.com. The data protection and terms of use of the payment processor apply to the processing of the payment: stripe.com/atprivacy.
Duration and termination
When ordering a product on a monthly basis, the Customer may terminate the usage relationship with the Provider by giving one month’s notice to the end of the month in each case – in the case of annual subscriptions, until one month before the end of the annual subscription in each case – by updating the Customer’s subscription status in the Customer Portal, accessible via app.icebreaker.online/account. The Customer may also terminate the subscription by giving one month’s notice to the Provider.
Extraordinary termination by the Provider for good cause and with immediate effect – in this case the Customer shall not be entitled to any claims against the Provider – is possible in particular under the following conditions:
- The customer provides incomplete or incorrect information or does not provide required evidence;
- The customer passes on access to third parties;
- The customer is in default of payment to the extent of fourteen days. It is not necessary to set a grace period;
- Insolvency proceedings have been opened against the customer’s assets;
- There is reasonable suspicion that services are being misused (including by third parties);
Other provisions
metaFox is entitled to use third parties to fulfill its obligations in whole or in part.
Should individual provisions of these Terms be invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes closest to it in meaning and purpose.
The contractual relationship shall be governed exclusively by German law. The court with subject-matter jurisdiction for Bamberg is agreed as the place of jurisdiction.
AGB on metaFox.eu
Allgemeine Geschäftsbedingungen und Kundeninformationen der metaFox – Friedle und Weghorn GbR
1. Geltungsbereich
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of metaFox – Friedle und Weghorn GbR (hereinafter referred to as “Seller”) shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2. Vertragsschluss
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer’s offer within five days by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive, or by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When an offer is made via the Seller’s online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g. by e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller’s website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller’s online shop before submitting his order.
2.5 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. Widerrufsrecht
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s instructions on withdrawal.
4. Preise und Zahlungsbedingungen
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The customer will be informed of the payment option(s) in the Seller’s online shop.
4.3 If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 In the event of payment by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms and conditions of use, which can be viewed at www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5. Delivery and shipping conditions
5.1 The delivery of goods shall be made by dispatch to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.
5.2 In the case of goods delivered by a haulage company, delivery shall be made “free kerbside”, i.e. to the public kerbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller’s online shop and unless otherwise agreed.
5.3 If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of revocation by the customer, the provision on this in the Seller’s revocation instructions shall apply to the return costs.
5.4 Self-collection is not possible for logistical reasons.
6. Retention of ownership
If the seller receives advance payment, he shall retain ownership of the delivered goods until the purchase price owed has been paid in full.
7. Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
8. Redeeming promotion vouchers
8.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter “Promotion Vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
8.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
8.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
8.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller’s online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
9. Applicable law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10. Code of Conduct
The Seller has submitted to the conditions of participation for the eCommerce initiative “Fairness in Trade”, which can be viewed on the Internet at www.fairness-im-handel.de/teilnahmebedingungen/.
11. Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: www.ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), which you can find at www.ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Regulations for open seminars, events, lectures and webinars
1) Scope
The following General Terms and Conditions apply to open seminars, events, lectures and webinars of metaFox – Friedle und Weghorn GbR.
2) Provision of services and copyrights
The client acknowledges our copyright to the works (training documents) created by us. The same applies to sound or image recordings of the training work. Any reproduction/use and/or distribution of the aforementioned works by the client requires our prior written consent.
3) Seminars
Payable without deduction within 14 days after receipt of invoice to the account stated in the invoice.
4) Cancellations by the participant / client
a) Written form
Cancellations by the participant / client must be made in writing, e.g. by email to hallo@metaFox.eu or the respective trainer team.
b) Open seminars/lectures
In the case of open seminars/lectures, the following participation fee – in each case stated as a percentage of the agreed participation fee – shall be due for cancellations by the participant on a staggered basis, unless otherwise agreed for a specific event:
40 % up to 42 days before the start of the event at the latest,
41 to 28 days before the start of the event 60 %,
27 days to 14 days before the start of the event 80 %,
13 days or less before the start of the event 100 %.
The participant is entitled to name a substitute participant in writing for an open seminar or lecture if he/she is unable to attend. The substitute participant must confirm in writing that he/she is liable for the full participation fee by way of admission to debt. No additional fees will be charged if a substitute participant is provided.
5) Special regulations for webinars
By downloading or streaming a webinar, we grant the customer a non-transferable licence, limited to non-commercial and personal use, to use that webinar. The customer is prohibited from granting sub-licences. The client is prohibited from using the content of the webinar commercially, copying it or otherwise making it available to third parties without our express consent. The customer is also prohibited from reproducing the webinar in whole or in part.
6) Cancellation policy
6.1 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, please send an email to training@metaFox.eu informing us of your decision to withdraw from this contract.
6.2 Consequences of cancellation
If you revoke this contract, we will refund all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
With your registration you confirm our General Terms and Conditions for open seminars, events, lectures and webinars.
7) Cancellation of open seminars by metaFox.
Seminar events and training can only take place in a meaningful way if there is a minimum number of participants. This number is often around 8 participants, but may vary and is at the discretion of metaFox. For this reason, we reserve the right to cancel events and (if already paid) to refund the full participant fee. In this case, cancellations must take place at least
60 days prior to the start of the event in the case of international events which may require booking a longer journey.
14 days before the start of the event for local events lasting one day or more.
7 days before the start of the event for evening workshops or webinars.
8) Change of trainers.
In case of cancellation of a trainer or other reasons, we are entitled to appoint substitute trainers. Insofar as the concept of the event is not significantly affected, the change of trainers/lecturers and postponements in the schedule do not entitle the participant to withdraw from the contract or to reduce the participation fees.
9) Exclusion of participants
We are entitled to exclude participants from participation in special cases, e.g. late payment, disruption of the event or endangering the other participants or themselves.
10) Data storage
By registering, the participant agrees that his/her personal data may be stored and used by metaFox in accordance with the privacy policy for the purpose of processing the contract.