Terms of use

The use of the Foxino WebApp (hereinafter: “Foxino”) requires that you agree to the following terms of use. Please read them carefully.

Scope of application

  • Foxino can be accessed via this internet address app.foxino.tech.
  • The following terms of use shall apply exclusively to the business relationship between the provider and the users of Foxino (hereinafter referred to as “users”).

Subject matter of the contract

Foxino is a digital platform which enables users who have registered as interested parties (hereinafter “members”) and those who publish offers on Foxino (hereinafter “suppliers”) to contact each other in order, for example, to negotiate the purchase of an offer advertised on Foxino. For this purpose, companies can create offers in the form of advertisements on Foxino and advertise their products in this way. Via Foxino, members are shown a personalised selection of suppliers’ offers based on the interests selected by the member in the WebApp. Contact is then established e.g. via the supplier’s contact details published on Foxino.

Registration, obligations of the user

  1. Users are obliged to provide truthful and complete information in the registration process and to keep their data up to date at all times. The minimum information required for registration and the creation of an account is a valid e-mail address, a user name and a password.
  2. Users are obliged to keep their password secret, to store it securely and not to make it accessible to third parties. If the password becomes known to third parties, the users must inform the supplier of this immediately by e-mail or in writing so that the old password can be blocked and a new password issued.
  3. Suppliers have the option of publishing their own content in Foxino and making it publicly accessible (hereinafter “advertisements”). The supplier is neither a seller nor a broker of the goods advertised via the advertisements. The advertisements are managed by the suppliers and are the responsibility of the suppliers.
  4. The suppliers are responsible for compliance with the laws and other regulations applicable to them, in particular possible obligations arising from the Price Indication Ordinance (PAngV) or competition law. Apart from this usage agreement, the use of the app does not create a contract between the supplier and the users.
    • Suppliers must ensure that they do not infringe any third-party rights with the advertisements. In particular, they undertake not to transmit any content which
      constitute an unreasonable nuisance to other users
    • is aggressive, brutal, abusive, defamatory, defamatory, misleading, injurious to reputation or unlawful and which is directed against other users, specific persons, groups of persons or the provider;
    • incite or encourage hatred, racism, fanaticism or even physical harm to a person or group of persons;
    • depict violence or sexual acts or contain a link to a website with such adult and offensive content;
    • which may not be transmitted or published due to laws, regulations or ordinances.
  5. The users indemnify the provider against all claims of third parties which they assert against the provider in relation to an infringement committed by the user and for which the user is responsible. Users shall bear all necessary costs incurred by the provider for legal defence against such claims.
  6. The provider is entitled to delete or deactivate content posted by users if it infringes the rights of third parties or if third parties assert claims due to an infringement of rights, the merits of which cannot be obviously ruled out. The provider reserves the right to block accounts of users or to deactivate the user account if a user repeatedly violates copyrights or commits personality or competition violations.

Amendment of these terms of use

The provider is entitled to change these terms of use if the user agrees to the change. The user’s consent shall be deemed to have been given if the provider has notified the user of the proposed amendment in text form no later than 6 weeks before the date on which the amendment is to take effect and the user has not objected in text form within 6 weeks thereafter. The Provider undertakes to expressly draw the User’s attention to the respective changes and the approval effect of a failure to object when notifying the User of the change.

Technical requirements

The use of some features and functions of Foxino requires an Internet connection, for which the user is solely responsible at his own expense.

Rights of use and copyrights

  1. The contents of Foxino are protected by copyright. The provider grants the user a non-exclusive and non-transferable right to use the contents of the WebApp as intended. The user expressly acquires only a personal right of use. Further rights of use and exploitation are not granted to the user.
  2. The user is not entitled to pass on the access data of his account or individual contents of Foxino to third parties or to allow third parties to use or take note of them or to use the WebApp for a third party.
  3. The user is prohibited from reproducing, distributing or making publicly accessible the contents of Foxino. It is also prohibited to circumvent technical protection measures or to remove copyright or rights notices.

Liability

  1. The provider shall be liable to the user in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
  2. In other cases, the provider is liable – unless otherwise stipulated in section 7.3 – only in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the user may regularly rely (so-called cardinal obligation), and limited to compensation for the foreseeable and typical damage. In all other cases, the liability of the provider is excluded subject to the provision in section 7.3.
  3. The liability of the Provider for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

Term of contract / termination

  1. The contract for the use of Foxino is concluded for an indefinite period and may be terminated by members at any time without giving reasons and without notice. Suppliers may terminate the contract at any time with 10 days’ notice to the end of the month.
  2. The right of the parties to terminate without notice for good cause remains unaffected. For the supplier, an extraordinary reason for termination exists in particular if the user intentionally provides incorrect information when registering or later changing his data or repeatedly violates these terms of use despite a prior warning by the supplier.
  3. Termination must be in text form (e.g. in writing or by e-mail).

Support

In the event of problems or errors on Foxino, questions regarding the use of Foxino or suggestions for improvement, the user has the possibility to contact the provider via the form by e-mail at support@foxino.tech.

Final provisions

  1. Contracts between the provider and the user are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user has his habitual residence as a consumer, remain unaffected. For users who are not consumers or who do not have a regular place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from or in connection with these Terms of Use is Hamburg (Germany).
  2. Should individual provisions of these Terms of Use be legally invalid, the remaining parts of the contract between the Provider and the User shall remain binding. Instead of the ineffective points, the legal regulations, if any, shall apply. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.
  3. Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online contracts. More information is available at the following link: https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.