General Terms and Conditions

Status: March 2020

Person in charge:
Neurofeedback Netzwerk GmbH
Reichenaustraße 19 a
78467 Constance
Germany
info(at)neurofeedback-netzwerk(dot)org
Managing Director: Jennifer Riederle
Link to the legal notice:https://neurofeedback-netzwerk.org/impressum/

1. Scope

These terms and conditions apply exclusively to services that are related to the linsting in the therapist search of Neurofeedback Netzwerk GmbH (Neurofeedback Network), which can be accessed online at the website: neurofeedback-netzwerk.org/therapeutist search, as well as to any service or other contract that is concluded in connection with the therapist search. The additional service currently includes the Neurofeedback Forum.
The therapist search is intended for interested parties who are looking for a Neurofeedback therapist. The Neurofeedback Network therefore only lists people and institutions that actually offer Neurofeedback therapy.
Only commercial and self-employed professional Neurofeedback users who use Neurofeedback in the context of exercising an academic healing profession or a state-recognized medical profession (hereinafter referred to as users) are entitled to register in the therapist search. As a rule, these are (specialist) doctors, psychiatrists, psychotherapists, occupational therapists and psychologists. Students, therapists in training and private persons are excluded from registration in the therapist search. The Neurofeedback Network reserves the right not to admit certain medical professions or other professional groups for an entry in the therapist search.
Before being included in the search for therapists, the complete Neurofeedback training must be demonstrated to the Neurofeedback Network using a certificate. In addition, the user must provide evidence of the activity in which Neurofeedback is used (practice approval, etc.). An entry in the therapist search is not proof of a completed Neurofeedback training or further education.
General terms and conditions of users or other third parties do not apply. Deviating agreements and verbal agreements are only effective if they are confirmed by the Neurofeedback Network in writing, by fax or email.
The forum is designed for therapists to raise issues that arise in the course of their Neurofeedback work and to answer other participants’ questions. In addition to basic questions about Neurofeedback, questions about specific areas regarding the Neurofeedback daily routine can also be asked In principle, the Neurofeedback Network is open to a wide range of topics.

2. Conclusion of contract

The possibility to register in the therapist search of the Neurofeedback Network and to use additional services is not an offer, but an invitation to submit an offer. The contract is concluded by the order of the future user (offer) and its acceptance by the Neurofeedback Network.
Acceptance of the offer by the Neurofeedback Network is either explicit, by appropriate notification or by conclusive action, at the latest by the performance of the first fulfilment action.
The Neurofeedback Network is not obliged to conclude a contract. The Neurofeedback Network can refuse an offer in writing without giving reasons.

3. Performance and assurance upon conclusion of contract

The therapist search of the Neurofeedback Network offers users the possibility, depending on the described scope of services, to present themselves with data, text or URL in a given frame on the homepage in the therapist search.
The Neurofeedback Network offers a free basic entry and two fee-based entries (PLUS entry and VIP entry). The services of the different registration options are listed in the currently valid price list, which is published on the homepage of the Neurofeedback Network.
Therapists with a VIP entry in the therapist search can use the forum of the network as an additional service. For registration in the forum, users will be given the necessary access data. A separate registration for the forum is not required and not possible.
The offer is made by the future user placing a written order with the Neurofeedback Network using the corresponding contact form on the homepage, by mail or fax. Irrespective of the type of final registration, this must contain the following information: contact person, practice name / name of the institution, full address, contact details (telephone, email), focus of practice, areas of application of Neurofeedback, professional background of the contact person, information on Neurofeedback training (training facility, degree of training) and what type of registration the interested party would like to take.
The Neurofeedback Network creates the entry for the user according to his information. Typing or imaging errors are reserved.
When using paid services, the user accepts the associated payment obligation. The fee must be paid in advance for the entire duration.
The activation takes place on the first working day of the following month upon receipt of payment of the fee up to and including the 15th of a month. If payment is received after the 15th of the month, the activation happens on the first working day of the month after next.
It is not possible to change, expand or reduce an existing paid registration during the term of contract.
A separate registration must be applied for each person, practice or facility. If the user runs several practices, a separate registration must be requested for each location.
The order confirmation of the Neurofeedback Network is decisive for the scope of the contractually owed service. The Neurofeedback Network only owes the contractual services. The Neurofeedback Network will keep the entry accessible for third parties on the Internet for the duration of the contract with customary availability in the industry.
The Neurofeedback Network reserves the right to change entries of free users without further notice, to block them temporarily or completely, not to activate them after examination, or to delete them completely.
Offers from the Neurofeedback Network are always subject to change.

4. Fees, billing, invoicing, terms of payment

The prices for the registration are exclusive of the legally owed value-added tax in Germany valid at the time of invoicing and are due for payment immediately within 14 days for the entire duration of the contract. If no payment is received within this period, the application will be blocked. The user will be blocked for all entries in the therapist search until payment has been received.
The Neurofeedback Network is free to send invoices and payment reminders exclusively by electronic means.
The user is in default even without a reminder, §286 III BGB. Costs for any reminder can be charged to the user. In the event of a delay in payment, the Neurofeedback Network is entitled to block the entry in the therapist search and to terminate the contract extraordinarily for good cause after a reminder with a deadline and expiry of the set period. In this case, the user remains obliged to pay.
The Neurofeedback Network reserves the right to charge the user for delay costs. This also includes the costs of appropriate legal action.
The Neurofeedback Network reserves the right to increase the fee for the chargeable entries appropriately with effect from the beginning of a new renewal period. There is a maximum of one price increase per calendar year. In this case, the Neurofeedback Network will inform the user at least six weeks before the end of the term. If the user does not agree with this fee increase, he can object to it within four weeks by contact form, letter, fax or email. The objection corresponds to the termination of the fee-based entry by the user, so that the entry ends when the existing minimum term or the current extension period expires.

5. Discounts, special conditions, price reductions

If discounts, special conditions and rebates have been granted by the Neurofeedback Network, they have a limited validity and are limited to a period of 12 months.
The Neurofeedback Network informs users with whom discounts, special conditions or rebates have been agreed eight weeks before the end of the term by e-mail about the current conditions of the therapist search. If the user no longer wishes to be listed, the user must cancel the entry in accordance with point 6 of these GTC within the specified period.
If the granting of discounts, special conditions or discounts to user groups is subject to conditions based on cooperation agreements between the Neurofeedback Network and third parties, the Neurofeedback Network reserves the right to check during the term whether the user continues to meet the necessary requirements. If the user no longer meets the requirements for the granting of special conditions, section 5.2 of the terms and conditions applies.
If discounts, special conditions or price reductions have been agreed upon, these shall not apply to simultaneously current or future contractual relationships.
Crediting, cash payment or conversion of granted discounts, special conditions or price reductions is not possible.
Discounts, special conditions or promotional prices cannot be accumulated and cannot be transferred.

6. Term, termination, sanctions

The contract duration / term of the entries is 12 months. The services offered by the Neurofeedback Network can only be obtained during the term.
The contract duration is extended by a further 12 months if the contract is not terminated by the user at least 4 weeks before the end of the term. The user thereby accepts the payment obligation according to section 3.5 of the terms and conditions. Furthermore, the provisions under point 4 of the General Terms and Conditions apply.
Paid entries can be terminated by the user up to four weeks before the end of the individual term. The user and the Neurofeedback Network can cancel the free entry at any time without giving reasons.
The mutual right of termination for good cause remains unaffected. Important reasons for the Neurofeedback Network are especially the following events:
- A violation by the user of legal prohibitions, in particular, the violation of criminal, copyright, competition law, naming law or privacy policy regulations;
- Non-compliance with legal regulations by the user;
- Violation of the user’s contractual obligations;
- The user promotes associations or communities – or their methods or activities – that are monitored by security or youth protection authorities;
- The user harms one or more other users;
- Repeated violation of the forum rules by the user.
Cancellation for good cause will result in the immediate deletion of the entry.
The user’s termination must be declared to Neurofeedback Netzwerk GmbH, Reichenaustr. 19a, 78467 Constance, Germany, in writing, by fax (089 / 1894489 -39) or by email to therapeut(at)neurofeedback-netzwerk(dot)org, stating the name of the user or the practice.
The user’s claim for repayment of fees already paid in advance in case of termination is excluded, unless the user terminates the contract for good cause for which the Neurofeedback Network is responsible.

7. Responsibility for user content, data and / or information, availability

The Neurofeedback Network assumes no responsibility for the content, data and / or information provided by the users of the therapist search, nor for content on linked external websites. In particular, the Neurofeedback Network does not warrant that such content is true, fulfills a specific purpose or can serve such a purpose.
The users of the forum are solely responsible for the accuracy of their contributions and for the legal consequences resulting from them. The Neurofeedback Network takes no responsibility for the content posted in the forum, in particular for its accuracy, completeness and topicality. However, the Neurofeedback Network reserves the right to delete contributions that do not show any relation to the presented offer, even when viewed in a good-faith manner.
If the user notices that the Neurofeedback Network website has been used illegally or in violation of the contract (including the use of pseudonyms or deceptive identities), he can report this.
With regard to data or content that is or was publicly available according to the terms and conditions, when the privacy policy of the Neurofeedback network or the settings of the user was saved by a third party, the Neurofeedback network has no obligation to prevent such storage by third parties.
The Neurofeedback Network only offers users a platform. If the users agrees contracts with one another or treatment contracts with patients via the Neurofeedback Network website, the Neurofeedback Network is not involved in this and therefore does not become a contractual partner. The users are solely responsible for the execution and fulfillment of such mutually agreed contracts. The Neurofeedback Network is not liable for breaches of duty arising from contracts agreed between users or treatment contracts agreed with patients.
The users acknowledge that a 100% availability of the Neurofeedback Network website is technically not feasible. However, the Neurofeedback Network makes every effort to keep the Neurofeedback Network website available as constantly as possible. In particular, maintenance, security or capacity issues, as well as events beyond the control of the Neurofeedback Network (such as disruptions of public communication networks, power failures, etc.) may lead to disruption or temporary suspension of the service on the Neurofeedback Network website.

8. Obligations of the user and release from liability

The user transmits to the Neurofeedback Network all the content necessary for the execution of the contract and provides the required information. He assures that he is entitled to pass on and disseminate the data supplied by him and will in turn observe the privacy policy regulations.
The user is responsible for the data listed in the therapist search, in particular its legal compliance, the accuracy and completeness of the data supplied by him and his data. The user is obliged to keep the data true and complete regarding all applications used by him during the entire contract period.
To maintain and update their data, the user can inform the Neurofeedback Network of change requests in writing by post, email or fax. The Neurofeedback Network reserves the right to invoice the user for any costs that may arise, to the extent that the user is responsible for the cost-triggering event.
As far as the entries link to landing pages, section 5.4 applies to landing pages. The user releases the Neurofeedback Network from any third party claims that are made against the Neurofeedback Network based on the entry in the therapist search and assumes the necessary costs of legal defense.
The user is obliged to keep the data transmitted to the Neurofeedback Network free of computer viruses. The Neurofeedback Network reserves the right to make claims of possible damages in this context.
Immediately after accessing his entry in the therapist search on the Internet, the user will check his entry in the therapist search on the Internet to see whether it has been correctly implemented by the Neurofeedback Network and entered into the database.
Users agree to comply with the currently valid forum rules when using the forum. We ask that, in addition to the necessary objectivity, the socially generally accepted rules of courtesy are applied when making contributions. The forum rules will be sent electronically to every user who is entitled to use the forum, they are also available here.

9. Liability of the Neurofeedback Network

Claims for damages are excluded. Excluded from this are claims for damages resulting from injury to life, body, health or the violation of essential contractual obligations (called cardinal obligations) as well as for damages resulting from intentional or grossly negligent breach of duty by the Neurofeedback Network, its legal representatives or vicarious agents , Liability under the Product Liability Act remains unaffected.

10. Data protection

In the context of the entry in the therapist search we collect the following data: Name, address and contact details of the practice, as well as the main focus of the practice and areas of application of Neurofeedback. In addition, name of the contact person as well as documents proving professional training, Neurofeedback training and admission to practice.
The data processed within the framework of the forum include in particular the access data (user name, password and e-mail address). Therapists with a VIP entry in the therapist search will automatically have their user account for the forum created. Users will be provided with the necessary access data for registration in the forum. When logging in for the first time, it is therefore necessary to change the password provided. For security reasons, the password should be state of the art, i.e. complicated and not used elsewhere. The forum is a closed forum. The contributions are only visible for therapists who also have a VIP entry in the therapist search. The contributions of the authors are stored with their user name, the time and the content of the entry. When registering and writing entries, the IP addresses of users are also stored. The storage is based on our legitimate interests and those of the users in protection against misuse and other unauthorized use, but also if the entries contain illegal content and the IP addresses could be used for legal prosecution. As a matter of principle, this data is not passed on to third parties, unless it is necessary to pursue our claims or if there is a legal obligation to do so.
The Neurofeedback Network treats all collected data according to the basic data protection regulation (DSGVO). A collection, processing and/or use of personal data only takes place if the user has given his consent or if this is permitted by law. Any use of personal data based on a legal permission is done especially in connection with the fulfillment of contractual obligations of Neurofeedback Network towards the users. Further information on data protection can be found in our privacy policy.

11. Applicable law / competent court / contract language

The Neurofeedback Network is entitled to transfer rights and obligations in whole or in part to third parties.
The Neurofeedback Network can send declarations to the user by email, fax or letter, unless otherwise provided in the General Terms and Conditions.
The place of performance is the headquarters of the Neurofeedback Network. The place of jurisdiction for merchants within the jurisdiction of the German Commercial Code (HGB) is Singen or the Constance Regional Court responsible for Singen.
German law shall apply to the exclusion of private international law and the UN Convention on Contracts for the International Sale of Goods, which has been incorporated into German law. The contractual language is German.

12. Requirement of written form

Subsidiary agreements, changes or additions must be made in writing to be effective. The agreement to cancel the written form requirement also needs to be in writing.

13. Final provisions

The therapist search, the Neurofeedback forum and all contents of the website www.neurofeedback-netzwerk.org are subject to copyright. Any use outside of what is permitted under copyright law is prohibited without the consent of the Neurofeedback Network. This applies in particular to copyright-infringing exploitation through duplication, translation and storage and processing in electronic systems.
The Neurofeedback Network is entitled to change these terms and conditions with future effect and without giving reasons. The Neurofeedback Network will inform the user about the changes and give them the opportunity to object to the changes within a reasonable period of time, and will particularly point out that the changes will take effect if there is no objection.
Should one or more provisions of this contract be or become invalid, this does not affect the validity of the contract or its other provisions.