With effect from 24 May 2018
We have drawn up this user agreement (the “Agreement”) so that you know the rules governing our relationship with you. Although we have tried to make this agreement as understandable as possible, some sections still sound like a normal treaty. There are good reasons for this: This agreement is indeed a legally binding contract between you and Gronda GmbH and is concluded when you register with us by clicking on “Register Now”, “Register Now” or similar or when you use one of our services. So please read them carefully.
1. Who can use the services?
Children under 16 years of age may neither register as a member nor use the Services.
By using the Services, you acknowledge the following:
- You are able to conclude a legally binding contract with Gronda GmbH.
- You register as a member with your real name.
- You have reached the minimum age of 16 years (if the law requires a higher age to make our services available to you without parental consent, the corresponding higher age applies).
- You have not been prohibited from using the Services by EU or any other relevant jurisdiction.
- You have not already been prohibited from using our services.
- You will abide by this Agreement and all applicable local, state, national and international laws, rules and regulations.
If you use the Services on behalf of a company or other legal entity, you represent that you are authorized to license and agree to the Agreement on behalf of that company or legal entity.
2. Your account
As a member, you create an account. You are responsible for all activities that happen in your Gronda account. Therefore it is important that you secure your account. For example, you should choose a secure password that you do not use for any other account.
By using the Services, you not only agree to use your common sense but also the following:
- You don’t create more than one account for yourself.
- If we have disabled your account, you will not create a new one unless you have our written consent.
- You do not buy, sell, lend or rent access to your Gronda account, stories, your personal URL or a contact to another member without our written consent.
- You don’t give your password to anyone else.
- You are not accessing or accessing the Services using unauthorized third-party applications or clients.
If you suspect that a stranger has access to your account, contact us directly and report the abuse.
With respect to the relationship between you and other parties (including your employer), your account is yours. However, if specific services have been purchased for your use by another party (for example, a recruitment license purchased from your employer), the party paying for those services has the right to control access to those services and your use of such paid services, but has no rights in connection with your personal account.
You agree that we may send you communications and messages in the following manner: (1) within the Service or (2) to the contact address provided by you (e.g. e-mail address, mobile phone number, postal address). You agree to keep your contact details up to date.
Please check your settings to control and limit the messages you receive from us.
Our services allow you to share messages and information in a variety of ways, such as through your profile or stories. Information and content that you share or post may be viewed by other members, visitors or third parties (including outside the Services). We respect your choices about who can see what content or information, such as the content of your messages or the visibility of your profile to search engines. By default, we do not notify your network or the public about job search activities. So if you apply for a job through our services or state that you are interested in a job, we only share this fact with the job advertiser.
We are under no obligation to publish any information or content on our Services and may remove it at our sole discretion with or without prior notice.
5. Rights we grant you
Gronda GmbH grants you a personal, worldwide, non-transferable, non-exclusive, revocable and non-sublicensable license to access and use the Services. This License applies solely to use of the Services in a manner consistent with this Agreement and our Usage Guidelines.
Furthermore, for our mobile apps: Any software we provide can be downloaded automatically. You may also install upgrades, updates or other new features. You may be able to customize these automatic downloads in the device settings.
These rights are limited as follows:
- You may not copy, modify, distribute, sell or rent any part of our services. Also, you may not reverse engineer the Software or attempt to extract its source code, unless such restrictions are prohibited by law or with our written consent.
- We reserve the right to restrict your use of the Services, including the number of contacts and the ability to contact other Members.
- We reserve the right to restrict, suspend or close your account if we believe that you are in violation of this Agreement or the law or are abusing the Services (e.g. by violating any rules of conduct).
- We do not undertake to store or continue to display any information and content published by you. We are not a storage service, therefore you agree that we are not obliged to provide you with a copy of content or information and to keep it unless this is defined by applicable law or our data protection provisions.
6. rights you grant us
Many of our services allow you to create, publish, transmit and store content and information. In doing so, you retain all your original ownership rights to the contents. But you grant us a non-exclusive license to use this content: The worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process any information and content you provide through our services from third parties without your further consent or notification or remuneration to you or to third parties. These rights are limited as follows:
- You may terminate this license for specific Content by deleting such Content from the Services or closing your account, taking into account that (a) other persons may have copied, shared or stored the Content shared on the Services, and (b) we have a reasonable time to remove such Content from backup and other systems.
- We obtain your permission if we want to give others the right to publish your content outside our services. However, if you share a post (such as a story) “publicly,” we enable a feature that allows other members to embed that public post into third-party services, and we enable this public content to be found via search engine services.
- Although we may edit your content and make formatting changes (such as translating, resizing, changing layout or file type, or removing metadata), we do not change the meaning of your posts.
- Since you own your content and information and we only have non-exclusive rights to it, you can make it available to others at any time.
You agree to provide only content and information that does not violate the law or the rights (including intellectual property rights) of others. You also agree that your profile information is true. We reserve the right to delete any content and information (i) that we believe violates this Agreement or our policies, or (ii) if necessary to comply with our legal obligations. However, you remain solely responsible for the content you create, publish, transmit or store through the Services.
The Services may include advertising. In return that Gronda GmbH allows you access to the services and their use, you agree that we, Gronda GmbH. and our external partners may place advertising within the scope of the services, including personalized advertising, which is based on the information you provide us or which we collect about you.
We are always interested in feedback from our users. However, if you voluntarily send us feedback or suggestions, you should know that we can use your ideas for nothing in return.
7. The contents of others
Many contents of our services are created by users, partner companies or other third parties. Whether the Content is posted publicly or privately, it is the sole responsibility of the person or organization that submitted it. Even if Gronda GmbH reserves the right to check all content displayed within the scope of the services and to delete any content that violates this agreement, our guidelines or the legal regulations, we do not necessarily check all content. Therefore, by using the Services, you may be exposed to content or information that is false, incomplete, delayed, misleading, unlawful, offensive or otherwise harmful.
With this agreement, we make it clear that we do not want any misuse of the services. However, as we do not check all content, we cannot guarantee that the content of the services always complies with this agreement or our guidelines and we are not responsible for such use.
8. Data security
We use the information and data provided by you and other members to provide recommendations on contacts, content, and features that may be useful to you. For example, we use data and information about you to recommend jobs or recruiters. With an up-to-date and correct profile, you support us in making these recommendations relevant and accurate.
9. Respecting the rights of others
Gronda respects the rights of others. And so should you. Therefore, you may not use the Services in such a way or enable others to use them in such a way that they:
- violate or infringe the public, data protection, copyright, trademark or other intellectual property rights of others.
- mobbing, harassing or harassing others.
- slander others.
- harass our members with spam or unwanted contacts.
You must also respect the rights of Gronda GmbH. This agreement does not give you any right to do (or allow others to do) what follows:
- to use the trademarks, logos, designs, photos, videos or other materials used in the context of our services by Gronda or partner companies;
- copy, archive, download, distribute or otherwise use any portion of the Services or the content of the Services as an owner, except as permitted by this Agreement.
- to use the Services, tools or content made available through the Services for commercial purposes without our consent.
to use the trademarks, logos, designs, photos, videos or other materials of Gronda or partner companies.
to use the Services for commercial purposes without our consent.
10. Protection of copyrights
We respect the copyright. We will, therefore, take reasonable steps to remove material from our services that violates third-party rights as soon as we become aware of it. If Gronda realizes that a user repeatedly violates copyrights, we take appropriate measures within our possibilities to close the account of this user.
You can easily report potential copyright infringement. If you believe that the content of the Services infringes any copyright or other proprietary rights of use that you have, please contact us using our contact information.
If you send us a notice of copyright infringement, the following applies:
- It must contain a handwritten or electronic signature of a person authorized to act on behalf of the copyright owner. The copyrighted work that is allegedly infringed must be identified.
- Identify the material that is allegedly infringing or the subject of the alleged copyright infringement and that is to be removed or access to which is to be disabled. Sufficient information must also be provided so that we can locate the material.
- Your contact details including address, phone number and email address must be included.
- You must make a personal statement that in good faith you believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law.
- You must state that the information contained in the notification is accurate and affirm under penalty of perjury that you are authorized to act on behalf of the copyright owner. You must state that the information contained in the notification is accurate.
We strive to make the services safe for all users. However, we cannot guarantee that. That’s where you come in. By using the Services, you agree that:
- you do not create a false identity on Gronda, misrepresent your identity or create an account for anyone but yourself (a natural person).
- you do not use the Services for illegal purposes or for purposes prohibited by this Agreement.
- you do not use robots, spiders, crawlers, scrapers or other automated procedures or interfaces to access our services or collect other users’ data.
- you do not use any robots, spiders, crawlers, scrapers or other automated procedures or interfaces to access our services or collect other users’ data.
- you will not use or develop any external apps that interact with our services or other users’ content or information without our prior written permission.
- you will not use the Services in any way that disrupts, interrupts, interferes with or prevents the unrestricted use of the Services by other users, or in any way that damages, disables, overburdens or impairs the operation of the Services.
- you does not use or attempt to use other users’ accounts, usernames or passwords without their permission.
- you do not give the impression that you are affiliated with or recommended by us without our express permission
- you will not ask other users for their credentials.
- you will not post content that contains pornography, violence, threats, hate messages or calls to violence.
- you will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- you are not attempting to bypass content filtering procedures or to access areas or features of the Services without authorization.
- you do not scan, scan or examine our services or other systems or networks for vulnerabilities.
- you will not call upon or solicit actions that violate these terms.
Your security when using our services is also important to us. Therefore, do not use our services in a way that violates traffic rules or safety laws. For example, please never use the app while driving. And don’t endanger yourself or anyone else trying to share.
12. Data charges
All mobile phone charges resulting from the use of our services are your responsibility. This also applies to SMS and data charges. If you do not know how much these fees are, you should check with your provider before using the services.
13. Change and termination of services
We are constantly improving and supplementing our services. This means that we may add or remove features, products or functions or completely suspend or terminate the services. We may take any of these measures at any time. If we do, we will try to inform you in advance, but this will not always be possible.
Although we hope that you will stay with Gronda forever, you can terminate this agreement at any time and for any reason by deleting your account. The deletion of you can be done by a simple notification to us via the various contact options.
Gronda GmbH can also terminate this agreement with you if you do not comply with this agreement, our guidelines or the legal regulations or if there are reasons beyond our control. And although we will try to tell you this in advance, we cannot guarantee it. Our right to terminate this Agreement means that we may stop providing you with Services or introduce new or additional restrictions on use of the Service. For example, we may deactivate your account because you have been inactive for a long time, or reclaim your username at any time for any reason.
Regardless of who terminates this Agreement, the following shall continue to apply to both parties:
- sections 6, 9, 11 and 13 to 22 of this agreement.
- We are allowed to use and disclose your feedback
- Members and/or visitors have the right to share content and information that you have shared through our services with other people if copied or shared prior to termination.
14. Liability release
As far as legally permissible, you agree to indemnify, defend and hold Gronda GmbH, and those with whom Gronda cooperates to provide the Services, harmless from any complaints, actions, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) arising in connection with (a) your access to or use of the Services, (b) your content and (c) a violation by you of these Terms.
We make every effort to offer the services trouble-free. But we can’t promise it’ll always work.
The Services are provided “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties, conditions or other provisions of (i) merchantability, satisfactory quality, fitness for a particular purpose, title, uninterrupted use, non-infringement or (ii) merchantability. Furthermore Gronda GmbH tries to ensure a good user experience, but we neither guarantee nor do we guarantee that (a) the services are always secure, error-free or available on time, (b) the services always function without delays, faults or errors, or (c) contents or information that you receive within the scope of the services are current or correct..
if the laws of the country in which you live that do not allow the exclusions of liability contained in this clause do not apply, these exclusions will not apply.
Gronda GmbH assumes no responsibility or liability for content that you, another user or a third party create, publish, transmit and store as part of the services. You are aware and agree that you may be exposed to content that is offensive, unlawful, misleading or otherwise inappropriate; Gronda GmbH assumes no responsibility in this regard.
Our responsibility to remove content if we are required to do so by the laws of the country in which you live is neither excluded nor limited by these terms and conditions.
16. Limitation of liability
Gronda GmbH and those with whom Gronda cooperates to provide the services are not liable for indirect, accidental, special or consequential damages or for punitive or multiple damages or for lost profits or revenues, no matter whether these were incurred directly or indirectly, or for data loss, loss of use, (a) your use or inability to use the Services; (b) your access or inability to access the Services; (c) the conduct or content of other users or third parties within the Services; or (d) unauthorized access or use or modification of your Content. In no case, the total liability of Gronda GmbH for all claims regarding the services exceeds an amount of 500 EUR or the amount that you have paid Gronda GmbH in the last 12 months for chargeable services, whichever is lower.
if the laws of the country in which you live that do not allow the limitation of liability contained in this clause apply, this limitation will not apply.
17. Settlement of disputes
If you have a request, let’s talk about it. Contact us and get in touch with us first, and we will do our best to resolve the matter.
Some of our services may include additional provisions that contain dispute resolution provisions that apply only to the service in question or your country of residence.
18. Exclusive place of jurisdiction
As far as this agreement allows the parties to bring proceedings before a court, you and Gronda GmbH agree that all claims and legal disputes (no matter whether contractual or otherwise), which arise from the agreement or the use of the services or are connected with it, are exclusively negotiated at the registered office of Gronda, unless this is prohibited by the laws of the country in which you have your residence. You and Gronda GmbH agree to the exclusive jurisdiction of these courts.
19. Choice of law
This Agreement and any claims and disputes arising out of or in connection with this Agreement or its subject matter (whether contractual or otherwise) shall be governed by the laws of Austria. The courts of some countries may not apply the laws of Austria in respect of certain disputes relating to this Agreement. If you reside in one of these countries, the laws of your home country may apply to these disputes.
20. Severability clause
If any provision of this agreement is unenforceable, it shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of the remaining agreement.
21. Additional determinations for certain services
Given the breadth of our services, we sometimes need to write additional regulations for certain services. For example, if you purchase our fee-based services for your business, you agree to the additional terms for those fee-based services and agree to pay us the applicable fees and taxes. Failure to pay these fees will terminate your chargeable services. These additional terms, which are presented to you before you access the respective services, become part of your contract with us as soon as you accept them. If any part of the Additional Terms conflicts with this Agreement, the Additional Terms shall govern.
23. Concluding conditions
This contract constitutes the entire agreement between you and Gronda GmbH and supersedes all previous agreements. This Agreement does not create or confer any rights on any third party beneficiaries. You confirm that Gronda can transfer this contract to a party who buys us without your permission. If we do not enforce any part of these terms, this shall not constitute a waiver. We reserve all rights not expressly granted to you. You are not entitled to transfer your rights or obligations under these terms and conditions without our consent.
Gronda welcomes comments, questions, comments and suggestions. You can email us at firstname.lastname@example.org for feedback or support.
The company responsible for services is called Gronda GmbH and is based in Weisstraße 9, 6112 Wattens, Austria. Its company register number is FN 454074g. Managing Director: Valentin Schütz. VAT ID: ATU71131036.