general terms of conditions

1. General information
   • These General Terms and Conditions ("GTC") apply to all subscriptions, services and other services ("Services") offered and provided by JOBN GmbH, FN 475010w, Sillgasse 8a, 6020 Innsbruck, ("Provider") to the customer ("Customer"), in particular in the app and the web app "tirol tourism jobs" (both collectively referred to as the "App").
   • The currently valid price and conditions sheet and the overview of offers can be found at https://www.tirol-toursim-jobs.com/pricing.
   • In the app, the customer can purchase certain services in connection with the mediation of contacts for the initiation of employment relationships. The provider is merely an intermediary and is not responsible for the successful conclusion, content or other aspects of a possible employment relationship.
   • These GTC are applicable if the customer is an entrepreneur within the meaning of Section 1 KSchG. By concluding the contract, the customer confirms that they are acting as an entrepreneur and are concluding this contract in their entrepreneurial capacity.
   • General terms and conditions of the customer, in particular general terms and conditions of purchase, shall not apply, even if the supplier does not expressly object to them. Such conditions shall only apply if the parties have reached a deviating written agreement in individual cases.
   • The provider reserves the right to amend these GTC. In the event of an amendment to these GTC, the provider shall send the customer the new version of the GTC at least 14 days before they come into force, stating that they must be objected to within 14 days, failing which they shall come into force on the date specified in the notification letter.
   • If the customer does not object or accept the amendment to the GTC within the deadline, the new GTC shall apply automatically. If the customer objects, the contract ends automatically on the date specified in the notification letter.

2. Conclusion of contract
   • The services and prices offered by the Provider constitute an invitation to the Customer to submit a binding offer to the Provider to purchase the services ("Offer"). Unless otherwise agreed, offers made by the customer are binding for a period of 14 (fourteen) days.
   • The supplier is free to accept or reject the customer's offer in whole or in part without giving reasons.
   • The customer's offer is accepted by the provider (i) by granting the customer access to the app or (ii) by explicitly declaring acceptance of the offer. In either case, the provider will send the customer a confirmation of the conclusion of the contract ("confirmation") to the e-mail address provided by the customer.
   • With the acceptance in the sense of point 3 the contract for the services between the customer and the provider ("subscription") is concluded.
   • Illustrations, performance data and public statements (e.g. on the website or in marketing documents) are not part of the contract unless they are expressly designated as binding. This includes, in particular, information on advertised positions or placement quotas.
3. Contract duration and cancellation
   • Unless otherwise agreed, subscriptions are concluded for an agreed minimum contract period.
   • The customer and the provider may terminate the subscription (contract) by giving one month's notice to the end of the respective minimum contract period. If the agreed minimum contract term is one month, a cancellation period of seven days must be observed.
   • If the contract is not cancelled or not cancelled in good time, it is automatically extended by the agreed minimum contract term.
   • Cancellation for good cause remains unaffected. Good cause shall be deemed to exist in particular if the customer is in qualified default of payment of the fee, violates the right of use granted or the fair use policy or fails to fulfil its obligations to cooperate despite being requested to do so by the provider.
4. Prices and payment
   • All prices quoted are in euros excluding VAT, unless otherwise stated.
   • Fees for the provider's services are due for payment in full in advance, unless payment is made via Stripe. At the time the subscription is taken out, the customer authorises the provider to debit the respective fee from the customer's means of payment.
   • Stripe, a service provided by Stripe Payments Europe, Limited and Stripe Technology Europe, Limited, is used as the payment service provider. Stripe's service provision is subject to its own terms and conditions, which are available at https://stripe.com/de/legal/consumer.
   • In the event that the customer defaults on payment, default interest shall apply in accordance with § 456 UGB. A lump sum of EUR 15.00 shall be charged for reminders.
5. Right of use
   • The provider grants the customer a simple, non-transferable, non-sublicensable and non-exclusive right to use the app for the duration of the subscription and limited to Austria in accordance with the provisions of this contract.
   • The right of use includes the customer's authorisation to install and use the app on their own end devices.
   • The right of use is limited to use within the scope of the customer's business and any form of passing on, transferring, renting or licensing the app to third parties is excluded.
   • The customer may not modify, decompile, reverse-engineer or otherwise attempt to decrypt or determine the source code of the app.
6. Fair use policy and the customer's duty to co-operate
   • The number of adverts per customer is currently not limited by the provider. However, the customer undertakes to only publish adverts in the app that they actually want to fill in a timely manner.
   • Excessive publication of adverts (e.g. duplicates or several adverts for one vacancy) or the publication of adverts that are not actually intended to be filled is not permitted.
   • Any use of the app is subject to fair use, which means that use is only permitted within the scope of the customer's normal, average and expected needs.
   • If the customer violates this contractual point, the provider reserves the right to terminate the contract for good cause, to introduce advertising limits, to temporarily or permanently deactivate the customer's account or to take other measures.
   • To ensure that the app is used in the best possible way for all customers and users, it is necessary for the customer to actively use the app and interact with other users.
   • The customer therefore undertakes to process incoming enquiries from users within a reasonable period of time. The provider reserves the right to deactivate unprocessed or unoccupied adverts after a period of time without prior notice.
7. Guarantee
   • The provider does not guarantee that the app will actually be used to successfully find employment or that a satisfactory number of such opportunities will be available to the customer.
   • The provider assumes no quality control whatsoever and does not check information provided by the customer and the user for up-to-dateness, accuracy or completeness. The provider does not check content to determine whether it is illegal.
   • The provider does not guarantee that the app will be provided uninterrupted and error-free. The app is provided on an "as is, where is, with all faults" basis and any warranty is therefore excluded.
   • The provider reserves the right to monetise individual services separately and to make customers' advertisements visible and available in different ways in this context.
   • The provider also reserves the right to discontinue or expand the content or functionalities of the app at any time, as long as the basic functionality is retained.
8. Liability and compensation
   • The provider is not liable for the realisation, the successful initiation or the content of employment relationships or the accuracy, timeliness and completeness of advertisements or information provided by users.
   • The liability of the provider for damages caused by slight negligence, with the exception of personal injury, is excluded. Liability is also excluded for pure financial loss, loss of profit, damage to third parties, indirect damage and consequential damage.
   • The provider's liability is capped at the price actually paid by the customer.
   • Claims against the provider or the provider's employees shall lapse within six months of becoming aware of the damage and the party causing the damage.
   • Liability-limiting or -excluding provisions of this point 8 shall not apply if and insofar as gross negligence or intent on the part of the provider is present.
9. General provisions
   • All legal relationships between the Supplier and the Customer shall be governed exclusively by Austrian law, excluding the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods.
   • The place of jurisdiction is the competent court for the registered office of the provider. The place of fulfilment is the registered office of the provider.
   • The customer may not transfer, assign, pass on, grant or otherwise allow third parties to use this contract and rights of use to the app without the written consent of the provider.
   • The customer may only offset claims against claims of the provider if the claims are legally related to the claims, have been recognised or have been established by a court.
   • The customer is obliged to inform the provider of any changes of address. If the customer does not notify the provider of a change of address, a declaration sent to the last known address shall nevertheless be deemed to have been received.
   • Amendments or additions to this contract must be made in text form. This also applies to any waiver of the text form requirement. Simple e-mails are only binding if they are sent by the managing director of the provider. Other employees of the provider are not authorised to do so.

Status: April 2024