LEGAL NOTICE AND GENERAL CONDITIONS OF USO
Updated: 28.06.2022
GENERAL INFORMATION
In compliance with the obligation to provide information as stipulated in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11, 2002, the following general information on this website is provided below:
The ownership of this website, https://jobsaun.com, (hereinafter Website) is held by: JOBSAUN GMBH, VAT No.: 26500841B, and whose contact details are:
Address: St. Karlistrasse 3 6004 Luzern
Contact telephone: +41 782 504 224
Contact email: info@jobsaun.com
GENERAL TERMS AND CONDITIONS OF USE
Jobsaun (jobsaun.com) is a Swiss Internet platform for the tendering of services by craftsmen and other service providers (hereinafter referred to as the "Platform"). The operator of the platform is JOBSAUN GMBH based in Luzern (hereinafter referred to as the "Operator"). Customers can use the platform to advertise and award contracts. Suppliers may use the platform to accept and execute advertised contracts.
These General Terms and Conditions (GTC) govern the rights and obligations of customers and suppliers (hereinafter uniformly referred to as the "Customers" and the "Suppliers", collectively the "Users"). Special and/or supplementary conditions may apply to individual and/or additional functions and services.
The object of the conditions: The Web Site
The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Terms and Conditions, the Website shall be understood to mean: the external appearance of the screen interfaces, both statically and dynamically, i.e. the navigation tree; and all the elements integrated into both the screen interfaces and the navigation tree (hereinafter, Content) and all the online services or resources offered to Users (hereinafter, Services).
JOBSAUN reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Web Site and the Content and Services that may be included therein. The User acknowledges and accepts that JOBSAUN may at any time interrupt, deactivate and/or cancel any of these elements included in the Web Site or access to them.
Access to the Web Site by the User is free and, as a general rule, is free of charge, without the User having to provide any consideration in order to enjoy it, except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.
The use of any of the Contents or Services of the Web Site may be made by prior subscription or registration of the User.
The User
Accessing, browsing and using the Website, as well as the spaces provided for interaction between Users, and the User and JOBSAUN, such as comments and/or blogging spaces, confers the status of User, and as such, from the moment the User begins browsing the Website, all of the Conditions set forth herein are accepted, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations that must be complied with as the case may be. Given the importance of the foregoing, the User is recommended to read them each time he/she visits the Website.
The JOBSAUN Web Site provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Web Site. This responsibility extends to:
- A use of the information, Contents and/or Services and data offered by JOBSAUN that is not contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve damage to the rights of third parties or to the operation of the Web Site itself.
- The truthfulness and legality of the information provided by the User on the forms provided by JOBSAUN for access to certain Content or Services offered by the Web Site. In any case, the User shall immediately notify JOBSAUN of any event that may lead to the improper use of the information recorded on these forms, such as, but not limited to, theft, loss or unauthorized access to identifiers and/or passwords, in order to proceed to their immediate cancellation.
JOBSAUN reserves the right to remove any comments and contributions that violate the law, respect for personal dignity, are discriminatory, xenophobic, racist, pornographic, spamming, that violate youth or childhood, public order or safety or that, in its opinion, are not appropriate for publication.
In any case, JOBSAUN shall not be held responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.
Access to this Website does not imply any type of commercial relationship between JOBSAUN and the User.
The User declares that he/she is of legal age and has sufficient legal capacity to be bound by these Terms and Conditions. Therefore, this JOBSAUN Website is not intended for minors. JOBSAUN declines any liability for failure to comply with this requirement.
The Web Site is primarily intended for Users residing in Spain. JOBSAUN makes no representation that the Web Site complies with the laws of other countries, either in whole or in part. If the User resides or is domiciled in another place and decides to access and/or browse the Web Site, he/she does so at his/her own risk and must ensure that such access and browsing complies with the applicable local legislation, and JOBSAUN accepts no liability whatsoever that may arise from such access.
1. Jobsaun.com platform
1.1 The operator makes the platform available to the users for on-demand bidding by craftsmen and other service providers. Users may enter into contracts with each other on the platform at their own risk (hereinafter referred to as the "Contracts"). Only Users are bound by such Contracts and the performance of such Contracts is the sole responsibility of Users. Notifications on the platform in connection with tenders and/or contracts serve exclusively to inform the affected users.
1.2 The operator is neither a contracting party nor a representative in relation to contracts. In particular, the operator does not guarantee that users fulfill any contractual obligations that may exist between them. The execution and/or performance of contracts is the responsibility of the users. The operator does not provide any corresponding services, such as debt collection or dispute resolution.
1.3 The supplier and the customer are responsible for ensuring that no tax fraud or tax avoidance is committed. The operator assumes no liability in case of tax fraud or tax avoidance on the part of the supplier or the customer.
1.4 The operator assumes no responsibility for the information provided by the users, such as the professional skills, identity and insurance of the suppliers. Users undertake to check the advertisements and other contents of other users themselves in case of doubt. In the case of information that has been verified by the operator, there is no guarantee that this information will remain accurate over time. The operator is not obliged to monitor the behavior of users on the platform. In particular, the operator is not obliged to check the legality or other admissibility of alerts and other user content.
1.5 The operator offers free and paid functions and services on the platform. The operator publishes the current scope of the respective functions and services on the platform, indicating possible fees.
1.6 The operator is entitled to change the scope of functions and tariffs at any time. In the case of functions and services for which a fee is already charged, such changes shall only apply as of a possible additional term. Users will be informed of such changes in an appropriate manner.
2. Platform use
2.1 The use of the platform requires registration as a user with complete and truthful information. Only natural or legal persons with unlimited capacity and with domicile or registered office in Spain may register. After successful registration, users have their own user profile on the platform and can use it as a customer or supplier.
2.2 Registration with false or fictitious information is prohibited. Only one registration per natural or legal person is allowed. The information provided by users must be complete and accurate at all times, including after registration. The Operator is entitled - even afterwards - to check the information provided by the users and/or have it checked by third parties and to request additional information from the users. The Operator has the right to refuse registration at any time - even afterwards - and without giving reasons.
2.3 Registered users may only access the platform for their own use, including commercial use. Registered users undertake to treat their platform access data confidentially and to use it exclusively for their own purposes. Users are not entitled to make their access to the platform, directly or indirectly, available to third parties, whether for consideration or free of charge. The operator is entitled to deny users access to the platform at any time and without giving reasons. If access is denied due to a breach of these GTC, fees will still be due. Irrespective of this, users are obliged to comply with any contractual obligations they may have towards each other and/or the operator.
2.4 Registered users may communicate with each other via the platform. Such communication is only permitted in connection with tenders and may not include any unsolicited advertising.
2.5 The use of the platform may be temporarily, partially or totally impossible, in particular for technical reasons. The operator assumes no guarantee for the availability of the platform nor for the timeliness, accuracy and/or completeness of the tenders.
3. Tenders and other content
3.1 Customers may enter bids for services from craftsmen and other service providers on the platform. By entering tenders, customers consent to their publication on the platform and through any other communication channels of the operator, as well as their forwarding to suppliers. In this context, customers grant the operator a non-exclusive right of use, unlimited in time and place and transferable, for the entire content of the offers, including content protected by trademarks and copyrights.
3.2 The Operator is entitled to reject or remove alerts at any time and without stating reasons, as well as subsequently. The Operator is entitled to provide alerts with metadata. The Operator is entitled to adapt the descriptions at any time at its own discretion and without consultation, in particular to improve appearance, formatting and/or readability.
3.3 Contracting Authorities undertake to enter on the platform only tenders that comply with the law. Customers undertake, in particular, not to enter offensive, discriminatory, offensive to personality, pornographic, racist, harmful, unsafe or indecent content in the tenders. In addition, customers undertake in particular not to enter any content for tenders containing false, misleading and/or inappropriate information or referring to employment services requiring a license or to the hiring of personnel requiring a license without a license or to undeclared work.
3.4 The introduction of descriptions related to narcotics, self-promotion, erotic or financial services, gambling, home work, third-party or third-party services, network marketing, pyramid and fastball systems, gift circles or sexual services is prohibited. In addition, the collection of content for advertisements that violate the intellectual property rights, personal rights or other rights of third parties is prohibited.
3.5 The above provisions on the content of alerts also apply to other content on the platform, such as reviews and user profiles.
3.5 Mere access to this Website does not imply the establishment of any type of commercial relationship between JOBSAUN and the User.
3.5 The User declares that he/she is of legal age and has sufficient legal capacity to be bound by these Terms and Conditions. Therefore, this JOBSAUN Website is not intended for minors. JOBSAUN declines any liability for failure to comply with this requirement.
3.5 The Web Site is primarily intended for Users residing in Spain. JOBSAUN makes no representation that the Web Site complies with the laws of other countries, either in whole or in part. If the User resides or is domiciled in another place and decides to access and/or browse the Web Site, he/she does so at his/her own risk and must ensure that such access and browsing complies with the applicable local legislation, and JOBSAUN accepts no liability whatsoever that may arise from such access.
4. Ratings
4.1 The operator offers a rating system on the platform with which users can rate themselves. Users undertake to submit only factual and truthful evaluations.
4.2 Ratings containing personal data or advertising are prohibited. It is also prohibited to abuse, manipulate or use the rating system for unfair purposes. The operator is entitled to adjust or delete ratings at his own discretion at any time - also subsequently and without consultation - and without stating reasons.
4.3 Providers are obliged to provide a web link to the platform, i.e. to https://jobsaun.com, for platform ratings that concern them and that they publish or have published outside the platform. The operator may establish further conditions for the publication of platform ratings. Providers shall be informed of such conditions in an appropriate manner.
4.4 Any other publication of reviews of the platform by third parties without the express permission of the operator is prohibited. The operator reserves the right to take legal action against unauthorized publication of ratings on the platform.
5. User obligations
5.1 Users undertake to conclude contracts based on tenders on the platform exclusively via the platform. Suppliers undertake to always submit their bids to the contracting authorities via the corresponding functions of the platform in a binding manner. The contracting authorities undertake to always use the corresponding functions of the platform for the conclusion of the contract. In addition, users are entitled to communicate outside the platform.
5.2 Users undertake to provide the Operator, at any time and upon request, with complete and truthful information on the current status of an alert and on all contractual agreements related to an alert.
5.3 Users undertake to fulfill all obligations to the Operator in a timely manner. In particular, users undertake to pay any fees on time. The operator is entitled to make billable functions and services subject to payment of fees on account or in advance.
5.4 Fees must be paid immediately, unless the operator grants a grace period for payment. In case of late payment, users will be in default without reminder. In case of default, the Operator is entitled to charge a default interest of 5.0% per annum, as well as a fee of CHF 20.00 for each payment reminder. The Operator is entitled to deny defaulting users access to the platform and to assign claims against users to third parties.
6. Data security and protection
6.1 The operator and the platform are subject, in particular, to Swiss data protection law. The operator shall take appropriate organizational and technical measures to ensure data security.
6.2 The operator is entitled to display or have displayed personalized advertising to registered users of the platform.
6.3 For suppliers, the Operator's order processing contract forms part of these GTC.
6.4 In all other respects, the Operator's privacy policy applies. Users may contact the Operator by e-mail at info@jobsaun.com or via other contact addresses for data protection-related queries.
7. Responsibility
7.1 The operator is only liable for direct damage caused by gross negligence or intentional actions of the operator. Any further liability of the operator for direct damages is expressly and completely excluded. Any liability of the operator for indirect and consequential damages, for claims of other users or third parties or for loss of profit is expressly and completely excluded. Any liability for auxiliary persons is excluded.
7.2 Users are expressly and fully liable to the operator and third parties, regardless of fault, for all direct and indirect costs as well as damages arising from the violation of these GTC or in connection with the platform. The indemnification also includes claims of other users or third parties. The affected users indemnify the operator against all claims of other users and third parties and undertake to bear all costs - including legal and court costs - and damages incurred by the operator in this respect.
8. Final Provisions
8.1 Automated access to the platform, e.g. with bots, scripts or comparable means, is prohibited.
8.2 All time information is based on the local time of the operator's registered office. In case of doubt, the times published on the platform are binding, even if they deviate from the local time of the operator's registered office.
8.3 The Operator is entitled to interrupt the operation of the Platform at any time, permanently or temporarily, and in whole or in part, without prior notice and without stating reasons.
8.4 The Operator is entitled to have individual rights and obligations or all rights and obligations arising from these GTC exercised by third parties or to transfer them to third parties. The rights and obligations of users are not transferable.
8.5 Forms of transmission that allow proof by text shall be deemed equivalent to written form.
8.6 The operator is entitled to change these GTC at any time and without stating reasons. Users shall be informed of changes to these GTC in an appropriate manner.
8.7 These GTC are subject to Spanish law and the place of performance and jurisdiction is the registered office of the operator.
9. Linking Policy
9.1 The JOBSAUN Website provides or may provide Users with links (such as links, banners, buttons, etc.), directories and search engines that allow Users to access websites belonging to and/or managed by third parties.
9.2 The installation of these links, directories and search engines on the Website is intended to facilitate Users' search for and access to information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them.
9.3 JOBSAUN does not itself or through third parties offer or market the products and/or services available on these linked sites.
9.4 Likewise, JOBSAUN does not guarantee the technical availability, accuracy, truthfulness, validity or legality of sites not owned by JOBSAUN which may be accessed via links.
9.5 JOBSAUN does not under any circumstances review or control the content of other websites, nor does it approve, examine or endorse the products and services, content, files and any other material on these linked sites.
9.6 JOBSAUN assumes no liability for any damages that may arise from access, use, quality or legality of the content, communications, opinions, products and services of websites that are not managed by JOBSAUN and that are linked to this Web Site.
Users or third parties who create a hyperlink from a web page of another, different web site to the JOBSAUN Web Site should be aware that:
9.7 None of the Content and/or Services of the Web Site may be reproduced, in whole or in part, without the express authorization of JOBSAUN.
9.8 With the exception of the hyperlink, the Web site on which the hyperlink is established shall not contain any element of this Web Site that is protected as intellectual property under Spanish law, unless expressly authorized by JOBSAUN.
9.9 The establishment of the hyperlink shall not imply the existence of a relationship between JOBSAUN and the owner of the website from which it is established, nor JOBSAUN's knowledge and acceptance of the content, services and/or activities offered on said website, and vice versa.
10. Legal Actions, Governing Law and Jurisdiction
10.1 JOBSAUN reserves the right to bring any civil or criminal action it deems necessary for improper use of the Web Site and Content, or for non-compliance with these Conditions.
10.2 The relationship between the User and JOBSAUN shall be governed by the regulations in force and applicable in Spain. Should any dispute arise in relation to the interpretation and/or application of these Conditions, the parties shall submit their disputes to the ordinary jurisdiction of the courts and tribunals that correspond according to law.