PLEASE NOTE: THIS ENGLISH VERSION IS ONLY FOR INFORMATION PURPOSE. THE ONLY BINDING VERSION BETWEEN JOBFOUNDATION AND YOU IS THE GERMAN VERSION.
We (the people at JOBfoundation) run a recruiting and career web site service at jobfoundation.com and other top-level domains such as jobfoundation.at and would love for you to use it. Our service is designed to give you tools to be more successful on achieving your goals in recruiting and career management. However, be responsible how you use it. In particular, make sure that none of the prohibited items listed below appear in your content or get linked to from your content (things like spam, viruses, or hate content). If you find content that you believe violates our terms of service, please inform our support.
Terms of Service
ONLY THE GERMAN VERSION OF THE TERMS OF SERVICE IS BINDING UPON JOBFOUNDATION AND ITS USERS. ANY TRANSLATION HEREOF SUCH AS THIS ONE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. For the avoidance of doubt, only the German version shall apply and prevail in any and all interpretation including but not limited to in a court of law.
The following terms and conditions govern all use of the JOBfoundation websites and all content, services and products available at or through the website (taken together, the Website).
Consumers in the meaning of the Austrian Consumer Protection Act (KSchG) are hereinafter referred to as "Consumer".
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by JOBfoundation, acceptance is expressly limited to these terms.
1. Your JOBfoundation Account
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not publish content in a misleading or unlawful manner. You also represent that any personal details you provide to JOBfoundation, e.g. your name or your address, are correct. JOBFOUNDATION WILL NOT BE LIABLE FOR DAMAGES OWING TO INCORRECT PERSONAL DETAILS. JOBfoundation may remove any content that it considers inappropriate or unlawful, or otherwise likely to cause JOBfoundation liability. You must immediately notify JOBfoundation of any unauthorized uses of your account or any other breaches of security. WHEN PERMITTED BY LAW, JOBFOUNDATION WILL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS BY YOU, INCLUDING ANY DAMAGES OF ANY KIND INCURRED AS A RESULT OF SUCH ACTS OR OMISSIONS.
JOBfoundation shall only be liable in cases of intentional act or gross negligence or owing to simple negligence in the event of the loss of life, physical injury and damage to health. See section 13.
2. Responsibility of Users
If you operate JOBfoundation services, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if somebody has rights to intellectual property you create, you have either (i) received permission to post or make available the Content, including but not limited to any software, or (ii) received a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- your content is not named in a manner that misleads your readers into thinking that you are another person or company.
Without limiting any of those representations or warranties, JOBfoundation has the right (though not the obligation) to, in JOBfoundation's sole discretion (i) REFUSE OR REMOVE ANY CONTENT WITH IMMEDIATE EFFECT that, in JOBfoundation's reasonable opinion, violates any JOBfoundation policy or is in any way harmful or objectionable, or (ii) TERMINATE OR DENY ACCESS to and use of the Website to any individual or entity for important reason WITH IMMEDIATE EFFECT.
FEES PAID IN ADVANCE WILL BE CLEARED WITH ANY OUTSTANDING RECEIVABLES AGAINST YOU. ANY RESIDUAL AMOUNT IS THEN RETURNED TO YOU WITHIN A PERIOD OF THREE WEEKS.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS JOBFOUNDATION, ITS CONTRACTORS, AND ITS LICENSORS, AND THEIR RESPECTIVE DIRECOTRS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THIS AGREEMENT.
3. Payment, Renewal, Upgrade / Downgrade
Optional paid services such as user accounts with extended features are available on the Website (any such services, a "Paid Service"). By selecting a Paid Service you agree to pay JOBfoundation the onetime fee or the relevant subscription fee of the applicable subscription period indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Paid Service and will cover the use of that service for the respective period as indicated.
All fees of the Austrian taxing authorities are included. Any taxes, levies, or duties imposed by taxing authorities of other countries are not included. You are responsible for payment of all such taxes, levies, or duties, e.g. based on national laws.
Termination of prducts
TERMINATION DATE OF SERVICES IS ALWAYS THE LAST DAY OF THE CURRENT BILLING PERIOD. THERE IS NO TERM OF NOTICE. You may cancel your current service any time. This terminates the next billing cycle or the automatic renewal of your current service. In doing so your current service ends by the end of the curring billing period. You can easily manage this within your Account settings.
Automatic Renewal for subscription-based products
UNLESS YOU NOTIFY JOBFOUNDATION BEFORE THE END OF THE CURRENT BILLING PERIOD OF A PAID SERVICE SUBSCRIPTION THAT YOU WANT TO CANCEL THE PAID SERVICE, YOUR PAID SERVICE SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR THE CURRENT BILLING PERIOD AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE FOR THE BILLING PERIOD OF SUCH PAID SERVICE.
Upgrades / Downgrades
Ein Upgrade oder Downgrade kann jederzeit durchgeführt werden. Für Informationen zu Gutschriften siehe nächsten Punkt. An upgrade from a free service to any Paid Service will end your free service or free trial. ON ANY UPGRADE OR DOWNGRADE THE NEW SCALE OF FEES TAKES EFFECT IMMEDIATELY. FOR ANY UPGRADE OR DOWNGRADE TO A PAID SERVICE, YOU WILL BE BILLED FOR YOUR FIRST BILLING CYCLE IMMEDIATELY.
On any upgrade or downgrade any aliquot advance payments for your previous product and for the period after this upgrade or downgrade will be credited to the billing of your new product. If the credited amount exceeds the fees of your first billing period, the remaining difference will be credited via a JOBoundation voucher.
TERMINATING OR DOWNGRADING YOUR ACCOUNT MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT DUE TO LIMITATIONS OF THE NEW SERVICE. JOBFOUNDATION DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
Existing JOBfoundation vouchers are being automatically redeemed on new billing cycles of Paid Services. JOBFOUNDATION VOUCHERS ARE NON-TRANSFERABLE TO ANOTHER PERSON OR ACCOUNT, HAS NO CASH VALUE AND, UNLESS OTHERWISE REQUIRED BY LAW OR PERMITTED BY THIS AGREEMENT, IS NOT REDEEMABLE OR REFUNDABLE FOR ANY SUM OF MONEY OR MONETARY VALUE FORM JOBFOUNDATION AT ANY TIME.
4. Cancellation and Termination of a JOBfoundation Account
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on "Delete account" (or words of similar effect) in the account overview and following further steps.
For security reasons you will get an email with a confirmation link. By clicking this link and confirming it your account will be deleted.
After a 7 days security period all of your Content will be deleted from our Website. THIS INFORMATION CAN NOT BE RECOVERED ONCE YOUR ACCOUNT IS CANCELLED.
If you cancel your account before the end of your current billing period, your cancellation will take effect at the end or your current billing period of your Paid Service. If no Paid Service is assigned to your account, the cancellation will take effect immediately.
BY CANCELLING YOUR ACCOUNT WITHOUT GOOD CAUSE ADVANCE PAYMENTS UNTIL THE END OF YOUR CURRENT BILLING PERIOD WILL NOT BE REFUNDED OR - IF NOT YET PAID - THE RECEIVABLE REMAINS. THIS ALSO APPLIES TO A PERIOD UNUSED WITH AN OPEN ACCOUNT.
If you have a free account or a fee-based account provided for free JOBfoundation, in its sole discretion, may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
Your fee-based account can be terminated by JOBfoundation with immediate effect if you breach this Agreement and fail to cure such breach within the time typically needed, but at least within 7 days, from JOBfoundation's notice to you thereof.
Such termination of your JOBfoundation account will result in the deactivation or deletion of your account or your access to your account, AND THE FORFEITURE AND RELINQUISHMENT OF ALL CONTENT IN YOUR ACCOUNT.
JOBfoundation reserves the right to refuse service to anyone for any reason at any time.
5. Modifications of Services and Prices
JOBfoundation reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. This is necessary to be able to permanently adopt our services to current requirements.
JOBfoundation reserves the right to change the payment terms and fees upon sixty (60) days prior written notice. The new prices will be used in the next billing cycle. We will communicate this effectively but it is also your responsibility to check the website periodically for changes.
JOBfoundation shall not be liable to you or to third party for any modification, price change, suspension or discontinuance of our services within the scope of legal regulations.
6. Responsibility of Website Visitors
JOBfoundation has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, JOBfoundation does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. JOBfoundation disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
7. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which JOBfoundation Website links. JOBfoundation does not have any control over those non-JOBfoundation websites and webpages, and is not responsible for their contents or their use. By linking to a non-JOBfoundation website or webpage, JOBfoundation does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. JOBfoundation disclaims any responsibility for any harm resulting from your use of non-JOBfoundation websites and webpages.
8. Copyright Infringement
As JOBfoundation asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by JOBfoundatin Website violates your copyright, you are encouraged to notify us immediately. JOBfoundation will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. JOBfoundation will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of JOBfoundation or others. In the case of such termination, JOBfoundation will have no obligation to provide a refund of any amounts previously paid to JOBfoundation.
9. Intellectual Property
This Agreement does not transfer from JOBfoundation to you any JOBfoundation or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with JOBfoundation. Your use of the Website grants you no right or license to reproduce or otherwise use any JOBfoundation or third-party trademarks.
JOBfoundation reserves the right to display advertisements on free accounts.
JOBfoundation reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Of course we will communicate this effectively but it is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. JOBfoundation may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
12. Warranties and Disclaimers
THE WEBSITE IS PROVIDED "AS IS".
APART FROM ANY CASES IN WHICH THE RIGHT TO EXCHANGE EXISTS BY LAW, JOBFOUNDATION RESERVES THE RIGHT TO SATISFY A WARRANTY CLAIM BY MEANS OF IMPROVEMENT, REFUND OR PRICE REDUCTION, AT THEIR CHOICE.
TO THE EXTENT PERMITTED BY LAW, JOBFOUNDATION AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER JOBFOUNDATION NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNTERSTAND THAT YOU USE, DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.
CLAIMS FOR DAMAGES IN CASES OF SLIGHT NEGLIGENCE ARE EXCLUDED. THIS DOES NOT APPLY TO PERSONAL INJURY.
IF YOU ARE NOT A "CONSUMER", JOBFOUNDATION SHALL ONLY BE LIABLE FOR ANY DAMAGE CAUSED BY JOBFOUNDATION OR ITS VICARIOUS AGENTS IF AT LEAST GROSS NEGLIGENCE ON OUR PART IS PROVEN BY THE AGGRIEVED PARTY. COMPENSATION CLAIMS RAISED BY NON-CONSUMERS EXPIRE WITHIN SIX MONTHS BEGINNING FROM RECOGNITION OF THE DAMAGE AND THE TORTFEASOR, BUT IN ANY CASE AFTER THREE YEARS OF PROVIDING THE SERVICE.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL JOBFOUNDATION, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (i) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (ii) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (iii) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (iv) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO JOBFOUNDATION UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. JOBFOUNDATION SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
14. General Representation and Warranty
This Agreement constitutes the entire agreement between JOBfoundation and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized person of JOBfoundation, or by the posting by JOBfoundation of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Republic of Austria excluding the conflict-of-law rules of international private law. Jurisdiction in all disputes is the court in Vienna/Austria. The provisions of the UN Convention on Contracts for the International Sale of Goods (UN CISG) and the provisions of International Private Law (IPR) are explicitly excluded.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; JOBfoundation may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.