General terms and conditions for the use of www.schoolfox.com and the SchoolFox application
Latest Version: April 5, 2016
The registration of the user creates a contractual relationship between him and the Young Enterprises Media GmbH (operator of www.schoolfox.com and the SchoolFox application, hereinafter referred to as “SchoolFox”), based in the Liechtensteinstraße 25/DG, 1090 Vienna.
1. Description of Service
The SchoolFox platform provides teachers and parents with the opportunity to network and exchange information, send and receive communications, and share student and class data after free registration and e-mail verification. All information is generated and made available by the users themselves. SchoolFox itself offers only the platform for this.
Teachers independently create a virtual class and add their students to this class. For each student, a parent code is automatically generated that allows parents to link students with the class. Once parents have registered, they have access to their child’s student profile, class settings, and communication history with the child’s teacher. Teachers can view the profiles of all children in their class(es) and also the user profile of their parents.
All users can send messages to each other and can choose from a list of templates. The messages sent must then be confirmed by the recipient.
2. Contents of the SchoolFox App and www.schoolfox.com
- Young Enterprises Media GmbH has created the contents and functions in the SchoolFox app and on www.schoolfox.com with the utmost care. However, SchoolFox cannot accept any liability for the topicality, correctness and completeness of these contents and functions.
- SchoolFox is not obligated as a service provider pursuant to § 18 par. 1 E-Commerce law to monitor, or verify illegality, of any information stored, transmitted or made available by www.schoolfox.com and the SchoolFox app. However, SchoolFox is obliged to comply with the request of courts or authorities for the transmission of such information in the context of legal information and participation obligations.
- SchoolFox reserves the right to modify, supplement, delete or permanently hide any content that violates applicable law, morality, custom or contractual obligations without notice.
- Users are required to periodically check the content provided by themselves to determine whether they violate morality or custom, are against the applicable law or the rights of third parties – in particular, personal or copyright – and, if necessary, to remove or report this to SchoolFox.
3. Liability and Responsibility of SchoolFox
- SchoolFox is not responsible for the information entered by the user or for the provision of access to this information. In regards to the content entered by users, § 16 ECG applies.
- Specifically, SchoolFox is not responsible for the accuracy of the data entered (e.g. emergency contact data of parents).
- SchoolFox information shall be immediately removed or access to the information blocked as soon as SchoolFox is informed or otherwise aware of a blocking or removal order or the existence of circumstances which clearly suggest an illegality of information.
- SchoolFox is not liable for direct or indirect links to external websites that are outside the area of responsibility of SchoolFox.
- SchoolFox declares that at the time of the linking, no illegal contents were recognizable on the linked sites. SchoolFox has no influence on the current and future design, content or authorship of the linked sites. For illegal, faulty or incomplete contents and damages arising from the use of such sites, only the provider of the page to which the reference has been made is liable.
- SchoolFox provides all services according to the current state of the technical and organizational conditions. SchoolFox reserves the right to change the application, the website www.schoolfox.com or the services, or, if necessary, to discontinue any of the mentioned services.
- SchoolFox uses a secure transfer method (SSL) for the transmission of user data, student information and communications. This is to achieve the highest possible safety standard. However, SchoolFox cannot take responsibility for hacker attacks.
- SchoolFox assumes no responsibility for any interruptions, malfunctions, deletions, miscommunication or loss of memory in connection with the use of services or communication with users/subusers. SchoolFox is not liable for delay or impossibility of performance as a result of force majeure (e.g. strike, fire, war, theft, etc.) or for reasons not in the sphere of SchoolFox (e.g. due to official orders or technical changes). The user acknowledges that the services offered by SchoolFox are offered including third-party network operators. The availability of the services is therefore dependent on the technical provision of foreign network services, for which SchoolFox cannot assume any responsibility.
- In the case of web or app maintenance, restrictions on the services offered may arise – in this case, the user is not entitled to any claims.
4. Liability and Responsibility of Users
- The user is responsible for the content of their registration, user profile, student profile and communications.
- Only users with a verified e-mail address can use www.schoolfox.com and the SchoolFox app without restriction.
- By using the services of SchoolFox, the user promises that the personal information provided to SchoolFox is proper, accurate, up-to-date and complete. The user is also obligated to update his data immediately in the event of a change, so that his data is proper, accurate, up-to-date and complete at all times. If there is reason to believe that data is not proper, accurate, current or complete, SchoolFox is entitled to block the account and to deny access to the site and services of SchoolFox.
- Users are required to keep their password, account information, and parent codes secure and not share this information with anyone other than a parent entitled to parental education. Users are themselves responsible for preventing access to SchoolFox by unauthorized persons. Users are also responsible for all activities that occur on their account. Users must immediately notify SchoolFox of any unauthorized use of their account or other security breaches. Users are solely responsible for any use of their account.
- Teachers are obligated to check the consent declarations signed by parents for correctness and completeness, to keep them for at least three years, and to provide these to SchoolFox upon request.
- The user is not allowed to read the contents or information of other users (systematically).
- The user agrees to keep SchoolFox unharmed from damages, caused by him in connection with claims, demands, lawsuits, etc. due to libel, libel offences, violation of personal or intellectual property rights, due to the failure of services for other users, a violation of these terms, or other rights.
- Furthermore, the user agrees to not misuse the services provided in the SchoolFox application or www.schoolfox.com, in particular:
- not to post or share immoral, obscene, pornographic, right/left radical, or violent content or photos
- not to divulge any defamatory, offensive or illegal material or information regarding such content
- not to threaten, harass or infringe on the rights of other persons
- not to upload any data that contains viruses
- not to upload any data protected by copyright (unless he/she has the copyrights or has the appropriate consent)
- not to specify incorrect address data
- not to use the application or website in a way that adversely affects the availability of the offers to other users
- not to intercept information (e-mails, messages, etc.) or attempt to do so
- not to distribute chain letters, illegal structural distributions, or the like
- not to generate traffic using illegal means
- Failure to observe the above-mentioned behavioral dilemmas may result in the following sanctions:
- Invitation to submit comments
- Restriction of use
- Content deletion
- Blocking of usage
- Where necessary, the transfer of criminal-relevant information to investigating authorities.
In addition, SchoolFox also reserves the right to take legal action of any kind.
- The users are themselves responsible for the examination of any rights of third parties relating to the contents and are solely liable for any infringement of such rights. The user shall indemnify and hold SchoolFox non-actionable.
- The user transfers all rights to SchoolFox for the use of the SchoolFox App or www.schoolfox.com, in particular the right to reproduce, distribute, transmit, broadcast, edit, extract from a database for retrieval, location, and content to the extent necessary for the User’s intended use of the SchoolFox app and www.schoolfox.com. The aforementioned rights entitle us to display this information by all known means of technical procedures as well as all known forms of online media.
- All content, information, logos, pictures, designs, layout, applications, sound documents, video sequences, descriptions, illustrations and graphics etc. are and shall remain – with the associated rights – owned by the respective owner. At SchoolFox, the user is not granted any rights to use or exploitation of any kind. The modification, dissemination, reproduction, publication and transfer to third parties is not permitted.
- All trademarks and product names mentioned within the SchoolFox app and www.schoolfox.com, and possibly protected by third parties, are subject without restriction to the provisions of the respective protection law and are the property of their respective owners. SchoolFox is not liable to the user for the fact that the data and contents provided by him are free from the rights of third parties.
- Insofar as the software offered by SchoolFox or the picture, music, video files or similar are provided with technical protective devices, it is not permitted to circumvent these devices.
6. Warranty and Compensation
- SchoolFox shall not be liable for any loss of performance not attributable to its sphere, such as, in particular, technical failures, force majeure or strike.
- Claims for damages against SchoolFox arising out of the use of the SchoolFox App or www.schoolfox.com or arising in connection with legal transactions shall be exempt, unless it is a damage to a person or SchoolFox or a person for whom SchoolFox has caused the damage deliberately or through gross negligence.
8. Cancellation/Termination of the Contract
- The user has the right at any time to terminate the contract through its use of the SchoolFox App and www.schoolfox.com, with immediate effect. The cancellation is done by deleting the user account.
- SchoolFox may, at any time, terminate the contract with the user for good cause without notice. Significant grounds lie in every not insignificant breach of duty on the part of the user, in particular in a breach of this TOS. Legal termination rights remain unaffected.
- The contract will terminate automatically when SchoolFox terminates the application and platform www.schoolfox.com.
- In the event that SchoolFox sells the application and platform www.schoolfox.com or parts thereof to a third party, the user agrees to transfer the contractual obligations to the third party.
9. Final Provisions
- The current version of the TOS is available at www.schoolfox.com. Agreements which deviate from these or supplement them must be in their written form.
- Amendments to the TOS are permissible to consumers. Consumers are informed in advance about the changes and a new agreement is reached with the TOS.
- Should individual provisions of this agreement be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the effectiveness of the contract shall remain unaffected. The ineffective or impracticable provision shall be replaced by the effective and enforceable regulation whose effects are closest to the economic objective pursued by the contracting parties with the ineffective or impracticable provision. The foregoing provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
- Austrian law applies to all legal disputes arising from this contract (except for a mandatory consignee). The applicability of the UN purchase right is excluded.
- Domestic jurisdiction is agreed upon. If this is not a consumer business, the respective competent court in Vienna, Inner City (Innere Stadt) is responsible for deciding on all legal disputes arising from this contract.
- The place of performance is the registered office of Young Enterprises Media GmbH.