General Terms and Conditions for the Use of GRONDA for BUSINESSES
1.1 The portal “WWW.GRONDA.EU” (hereinafter referred to as “GRONDA”) is operated by Gronda GmbH, Weisstraße 9, 6112 Wattens, Austria. The purpose of GRONDA is to facilitate contact between employers and employees in the tourism industry.
1.2 The use of the platform by the COMPANIES is subject exclusively to these General Terms and Conditions. General terms and conditions of the COMPANIES shall only become part of the contract if this has been expressly agreed in writing.
1.3 These Terms and Conditions are provided to the COMPANY on the Platform so that the COMPANY can read, download and store them locally.
2. subject of contract
2.1 The subject matter of the contract is the provision of a platform for finding suitable new employees. COMPANIES can create job advertisements for a fee and contact suitable users for a fee. Through an intelligent algorithms, suitable employees are suggested to whom offers can be submitted directly.
2.2 The platform is available for use 24 hours a day, 365 days a year with an annual average availability of 98%. In the event of necessary maintenance work which impairs availability, the COMPANIES will be notified by e-mail as early as possible. GRONDA is not responsible for downtime caused by technical or other problems beyond GRONDA’s control.
3. rights and obligations of the COMPANIES
3.1 To use the platform, the COMPANY must register by creating an account. An account may only be created by an authorized or authorized employee of the COMPANY. The data entered must be truthful and must be updated immediately in the event of changes. After creating the account, GRONDA will send the COMPANY a confirmation of its registration to the e-mail address provided. This e-mail also contains instructions on these General Terms and Conditions. Furthermore, the e-mail represents the acceptance of the contract of use offered by the COMPANY. The profile created by the COMPANY will only be integrated into the platform after GRONDA has been activated manually. The COMPANY has no claim to the conclusion of the contract of use.
3.2 GRONDA cannot technically determine with certainty whether a COMPANY is, in fact, the person it claims to be. Therefore GRONDA does not guarantee the actual identity of a COMPANY.
3.3 GRONDA is entitled to request the acting employee at any time at its own discretion to prove its authorization or power of representation. If proof is not provided within 7 days of receipt of the request, GRONDA is entitled to block the profile and account.
3.4 The COMPANY is responsible for maintaining the confidentiality of its username and password for access. He will not pass them on, tolerate or enable unauthorized persons or third parties to become aware of them and will take the necessary measures to maintain confidentiality. In case of misuse or loss of this information or suspicion, the GRONDA COMPANY will notify GRONDA by sending an e-mail to the e-mail address firstname.lastname@example.org
3.5 GRONDA offers the COMPANY forms for creating job advertisements. The profiles of the selected users are initially displayed pseudoanonymised to the COMPANY. The user’s contact data will only be released after explicit confirmation by the respective user. Memberships for offers and applications from users are subject to a fee.
3.6 The job advertisements remain on the platform for the period agreed in advance, unless they are deactivated in advance by the COMPANY itself or by GRONDA, as regulated under point 8.
3.7 Commercial advertising for the COMPANIES’ own purposes or for third parties is prohibited on their profiles. This includes, in particular, the advertising of similar Internet platforms and the advertising of fee-based service telephone numbers. However, the presentation of your own COMPANY does not constitute advertising in this sense.
3.8 The COMPANY undertakes to ensure a smooth inbox for e-mails from the platform by making the necessary spam filter settings. This also applies to all contractual communication.
Creation of job advertisements
3.8 The COMPANY is obliged to observe all applicable laws when creating job advertisements. In particular, the COMPANY may not use any content that violates laws that concern the protection of third-party copyrights or other rights of third parties. The COMPANY is responsible for the contents and data provided. GRONDA reserves the right to check the job advertisements for accuracy and freedom from viruses.
3.9 The COMPANY may add a logo to its profile for recognition. The COMPANY undertakes to have the right to publish the logo and not to violate any legal regulations or rights of third parties by uploading it.
3.10 Content or files containing violent, racist, offensive, discriminatory, pornographic or other illegal content may not be used on the COMPANY’s profile.
3.11 Pictures of persons may only be published on the platform with the consent of those persons.
3.11 The deletion of images and logos used may be carried out by the COMPANY or GRONDA at any time.
3.12 If the COMPANY violates these rules, GRONDA is entitled to deactivate the profile and account of the COMPANY at any time.
3.13 The COMPANY shall indemnify GRONDA against all claims asserted by other users or other third parties against GRONDA for infringement of rights through the use of GRONDA. The COMPANY shall bear GRONDA’s costs for the necessary legal defense including all court and lawyer’s fees in the legal amount. This does not apply if the COMPANY is not responsible for the infringement. The COMPANY is obliged to immediately and completely provide GRONDA with all information necessary for the examination of the claims and a defense in the event of claims by third parties.
4. Rights and duties of GRONDA
4.1 GRONDA provides the platform to the COMPANIES with the aim of contacting suitable applicants. GRONDA only offers the technical possibilities. These are the platform itself, the prefabricated form of the job advertisements, the combination of suitable applicants and the contact data of the respective applicants. GRONDA is not responsible for the success of the merger. The COMPANY is aware that this is done by means of software and that there is no error-free software.
4.2 The platform merely provides support for the filling of vacancies. GRONDA does not act as an intermediary. GRONDA will not be involved in the respective application process at any time.
5. Rights granted
5.1 With the creation of the profile by the COMPANY, GRONDA is granted the following non-exclusive, transferable, temporally and spatially unlimited rights of use to the contents contained therein:
- The archiving and database right. This means the right to archive the contents in any form and, in particular, to record them digitized, to place them in databases and to store them on all known storage media and on any data carriers and to link them to other works or parts of works.
- The right of reproduction and distribution. This means the right to store, copy and make the contents available or distribute them in whole or in part in electronic or other media (e.g. Internet, newspapers, magazines)
- The right to edit. This means the right to edit the content as desired, in particular, to change, shorten, supplement and link it to other content.
6. quenching and tempering
6.1 Memberships for the creation of a job advertisement and the release of the contact details of the suitable applicants are subject to a fee and are based on the price list.
6.2 The costs of the memberships become due for payment on the platform on the day of booking. Payment is made by the payment methods offered.
6.3 All prices are exclusive of the applicable statutory value-added tax.
7.1 GRONDA shall not be liable for damages incurred by the COMPANY through the use of GRONDA. This does not apply to claims for damages arising from injury to life, body or health or from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. In the event of a breach of essential contractual obligations, GRONDA shall only be liable for foreseeable damage typical for the contract if such damage was caused by ordinary negligence, unless it concerns claims for damages arising from injury to life, body or health.
8. Contract term and contract termination
8.1 The contract of use between COMPANY and GRONDA is concluded for an indefinite period.
8.2 If the COMPANY does not terminate the membership before the end of the respective contract, the contract term is extended by the duration of the initial term. Ordinary termination must be declared no later than two weeks before the end of the respective contract. This deactivates the profile.
8.3 GRONDA may terminate the contract at any time by giving 30 days’ notice. Furthermore, the right to terminate the contract for good cause remains unaffected.
8.4 Termination must be in text form.
9. Changes in services and general terms and conditions
9.1 GRONDA reserves the right to change the services offered or to offer different services unless this is unreasonable for the COMPANY. In addition, GRONDA reserves the right to change the services offered or to offer different services if the respective change is necessary to close existing security gaps or if the change is of a purely technical or procedural nature without significant effects for the COMPANY.
9.2 We further reserve the right to change these General Terms and Conditions at any time without giving reasons, unless this is unreasonable for the COMPANY.
The COMPANY will be informed in good time of any changes to the GRONDA General Terms and Conditions. If the COMPANY does not object to the validity of the new General Terms and Conditions within 6 weeks after notification, the amended General Terms and Conditions shall be deemed accepted by the COMPANY. GRONDA shall inform the COMPANY separately of this legal consequence at the beginning of the period. This amendment mechanism does not apply to changes to the parties’ primary contractual obligations.
10. Choice of law/jurisdiction
10.1 Austrian law shall apply.
10.2 The place of jurisdiction, for all legal disputes arising from this contract is Innsbruck/Austria.