ToS immojob.ch (Status: August 1, 2020)
The company Casasoft AG, registered in the Commercial Register of the Canton of Thurgau and based in Bottighofen (hereinafter referred to as the operator), operates the job platform immojob.ch. The aim of immojob.ch is the operation of a job platform, including the placement of job offers and enquiries.
The following general terms and conditions (in the following also called AGB) of the internet portal
immojob.ch (hereinafter also referred to as website) regulates the rights and obligations between you as (user) and Casasoft AG as (operator) of the immojob.ch internet portal with regard to any use, e.g. as advertiser, enquirer etc., of the website immojob.ch as well as all services and benefits offered via immojob.ch, regardless of the person providing the service.
Services or offers of third parties or linked websites may be subject to other applicable terms and conditions.
The contents and services on immojob.ch are provided under the explicit condition that the user and advertiser explicitly agrees to the present general terms and conditions and follow them at any time.
In case of suspicion of non-compliance with these GTC, the operator reserves the right to stop the use of the website and the services made available at any time. The legal prosecution of illegal or improper use of the website immojob.ch is expressly reserved.
2. Services of the operator
Via the job portal immojob.ch, the operator offers users the possibility to place and request job offers as well as to use or access other online offers.
The possibility of access to immojob.ch via the internet as well as the necessary hard- and software are not part of the service offer of the operator and are solely the responsibility of the user.
The operator reserves the right to change the content as well as the form of the services accessible on immojob.ch at any time and even to remove certain services completely from the offer. The operator can adapt the equipment to technical requirements and change the offer at any time and without prior notice. By using the immojob.ch website, the user agrees to these changes.
The operator is free to commission third parties to provide their services or to assign rights to third parties at any time.
Obligation of the operator
The operator undertakes to provide the services carefully and professionally. The operator makes every effort to ensure that the website immojob.ch is accessible at all times. However, the user expressly confirms that he/she is aware and accepts that the website may be temporarily unavailable due to maintenance work, technical faults, manipulation by third parties or for other reasons, and that the operator offers no guarantee or warranty whatsoever regarding the availability of the website and the content published on it.
Within the framework of the available means and possibilities, the operator endeavours to ensure that only the publication of current and error-free data on the website is permitted and published.
The information about the jobs published on immojob.ch is provided by users/advertisers. The operator is therefore not able to verify this information. The operator can therefore also not give any guarantee or warranty regarding the topicality, correctness or completeness of this data. Consequently, the user himself/herself must carry out all necessary checks on the content of the ads/advertisements and other information published on the website, either by contacting the advertisers concerned or by carrying out other checks.
Use for private purposes only
The information on this website is provided to the user for private use only. No data from this website may be used, exploited or distributed for commercial purposes, either electronically, on paper or in any other media, without the prior written consent of the operator.
3. Registration and access to immojob.ch
The insertion of job offers on immojob.ch is only possible by means of web software provided by the operator. In principle, the insertion of job offers is reserved for legal persons. Job offers can only be placed by qualified companies from the Swiss real estate industry. The operator reserves the right to prohibit companies from placing job advertisements if they do not meet the operator’s requirements. The Operator may reject applications for insertion without giving reasons. The Operator is free to adjust the requirement criteria on an ongoing basis and to exclude existing companies if they no longer meet the requirement criteria.
Users (job seekers) can use all services that are available on the website without registration.
The user alone is responsible for the content of his registration and the personal information sent to immojob.ch and undertakes to transmit the information requested by immojob.ch at the time of registration completely and truthfully and to report any changes in the personal information immediately.
The user is responsible for the careful and protected storage of his access data (user name/password). The operator is not liable for misuse of the access data or for damages resulting from unauthorized access by third parties. User undertakes to inform Operator without delay of any unauthorised use of his or her access data and of any misuse of the website that is detected.
4. publication of advertisements on the website
Advertisers can place jobs free of charge.
The operator can declare certain placements to be subject to a charge or limit the number of free advertisements. For certain placements, the operator offers subscriptions which are available to advertisers / users as paid advertisement spaces. For paid subscriptions, the operator can set a rotation limit or reduce the number of insertions as required. The number of advertisements published on the website cannot be guaranteed by the operator.
In case of a change of tariff, which is announced by publication on the website, the advertiser/user has the right to terminate the contract within 30 days after publication of the new tariff. If the contract is not terminated, the new rate will apply. The Operator may terminate the insertion contract without prior notice and without notice in the event of payment arrears, proceedings under debt enforcement or bankruptcy law against the User/Inserter and violations of these GTC. In addition, Operator reserves the right to terminate this contract in writing at any time without stating a reason with a notice period of one (1) month.
Data collection / Data backup
Within the framework of the publication of advertisements/advertisements, an online entry is carried out; this is considered completed as soon as the electronic order is received by the operator. With this, the user/advertiser has also given the “OK to print”. Operator informs about the receipt of the order by an automatically generated order confirmation.
Operator’s obligations associated with the publication of advertisements only become effective upon receipt of full payment for these advertisements.
Operator is not obliged to make backup copies of the data transmitted. The backup of the transmitted data is the sole responsibility of the user/advertiser. At Operator’s request, the User/Inserter must retransmit the relevant data.
The basic insertion of job offers is free of charge, further services with costs are marked as such. The scope, costs, terms of payment, scope and duration of paid services are indicated on the website. Relevant are those at the time the contract is concluded.
The net price published on the website for the respective offer shall be deemed a fixed price for the agreed publication period. The statutory value added tax, which is calculated according to the applicable rate, is not included in the price and will be charged additionally.
Payments for the services offered can be made using the specified payment methods. The fee is due at the time of the order by the advertiser and is to be paid immediately, unless otherwise specified
Invoices are issued at the beginning of each month/year (depending on the type of settlement) and are payable within 30 days of receipt without discount. Reminder fees will be charged on invoices that are not paid within this period. These reminder fees will be charged to the advertiser.
The operator reserves the right to change rates at any time.
Content of the advertisement
The placement of the ads/advertisements on the website corresponds to the selected product and the information collected. The User alone is responsible for the design and content of the advertisements/advertisements that he/she forwards to the Operator for publication on the Website, in particular with regard to the reliability, accuracy and completeness of the information provided. The Operator reserves the right to refuse requests to publish advertisements without giving reasons.
5. obligations of the user/advertiser
The operator allows the user/advertiser access to the website and use of the services offered on the website under the following conditions:
- The User/Inserter undertakes to publish only content, including advertisements/advertisements, on the Website to which he/she holds all rights and permissions required for such publication.
- Only jobs that are actually available may be offered and published. Jobs that are no longer available must be deactivated.
- The personal data of users must be treated confidentially by advertisers. Personal data not required must be deleted immediately. Advertisers/users must comply with the Federal Data Protection Act (DSG) and take into account the central points of the Basic Data Protection Regulation (DSGVO) of the European Union (EU).
- It is not permitted to pass on any rights of use or joint use by third parties, whether for payment or free of charge, in connection with one’s own account
- Multiple publication of an identical job offer is not permitted
- The user/advertiser undertakes not to change the external appearance of the website, either in whole or in part, and not to impair the function of the website or to attempt to impair the function, regardless of the manner in which this is done, in particular by introducing data containing computer viruses, worms, Trojans, etc. Furthermore, the user/advertiser undertakes to use the services of the website only as intended, i.e. in particular that the availability of the website for other users is not impaired.
- The user/advertiser undertakes not to collect data published on the website with systems such as robots, “spiders” or in any other way. The user/advertiser undertakes not to copy, publish or reproduce content published on the website, regardless of the form and media used, in particular the Internet. Any reproduction of content in any medium, especially with a view to making such content publicly available on another website, is only permitted with the prior written consent of the Operator.
- Furthermore, User/Insert undertakes not to misuse the services offered by Operator and not to carry out any illegal activities via the website or in connection with the website or the services provided by Operator.
User/advertiser undertakes to publish only content on the website that is permitted under Swiss law and not to publish or attempt to publish content that is:
- could endanger the personal rights, honour or intellectual property rights of third parties or other rights or legal relationships
- are unfair or immoral;
- contain in particular violent or obscene content which incites others to racism or violence or which is contrary to conventions or morality;
- could be considered unfair;
- or are of a political nature.
6. intellectual property
Content of immojob.ch
With the exception of the contents of the users/advertisers, all contents of the website, in particular the data, graphics, videos, images and other information as well as the software required for the operation of the website, other works, services, know-how, technology, trademarks, designs, companies, innovations in connection with the website – whether or not they can be registered – are the sole property of the operator or its partners.
Rights, in particular intellectual property rights, – existing or future – which refer to the contents of immojob.ch, as well as the performances and services of immojob.ch remain the property of the operator or its partners.
Contents of the users/advertisers
The user/advertiser remains in possession of his intellectual property rights to the transmitted content. By publishing the contents on the website, the user/advertiser accepts the following conditions:
- He agrees that other users of the website may view and use these contents during the entire time that the contents are available on the website.
- The user/advertiser grants the operator a free, worldwide and irrevocable licence to his content, which allows the operator to use, copy, modify and distribute the content on the website immojob.ch, other websites or in other media. This licence, which the advertiser grants to the operator, is valid at least for the entire period during which its contents are available on the website.
- The operator reserves the right to name the user/advertiser as a reference on immojob.ch and the websites of partners as well as all other advertising media. The operator also reserves the right to create a link between the user/advertiser’s website and immojob.ch or the operator or other partners. The user/advertiser expressly agrees to this.
- The user/advertiser also undertakes to respect the rights of third parties (in particular by using links to the contents of third parties).
7. Liability and guarantee
Disclaimer of liability of the operator
The operator does not guarantee that the uninterrupted operation and/or continuity of the publications can be guaranteed at all times. With the exception of fraudulent misrepresentation or wilful breach of duty, the Operator cannot be held liable for any malfunction, unavailability or reduction in performance of the Website, nor for any failures caused by third parties, reductions in transmission performance or access to the Website, misuse of the password or even for the loss or alteration of data.
Liability of the users/advertisers
The operator cannot be held liable for the content or the truthfulness of the information contained in the advertisements provided by the user/advertiser. The User/Inserter guarantees the Operator protection against any action by third parties with regard to the content of his advertisements. The User/Insert undertakes to pay damages to Operator for all convictions, including lawyers’ fees, which Operator may be subject to at the instigation of third parties with regard to the content of the published advertisements. Operator will do its best to keep the publication of the advertisements operational.
In any case, and also in relation to other users/advertisers, the user/advertiser is liable for all damages resulting from the malfunctioning of the system due to the intervention of the user/advertiser to update the website data. It is emphasised that the Operator will in no case intervene in any transaction between the User/Inserter and the recipients of the advertisements.
Note on external links
This website contains links to third party websites (“external links”). These websites are subject to the liability of the respective operators. When the external links were first set up, the provider checked the external content for possible legal violations. At that time no legal violations were apparent. The provider has no influence on the current and future design and content of the linked sites. The inclusion of external links does not mean that the provider adopts the content behind the reference or link as its own. The provider cannot reasonably be expected to constantly monitor these external links without concrete evidence of legal violations. However, such external links will be deleted immediately if violations of the law become known.
8. Data protection
When collecting, storing and using personal data, the operator adheres to the applicable data protection regulations. A detailed data protection declaration is available under Data protection.
The operator endeavours to protect the website at all times against unauthorised access and use by third parties by means of suitable measures. However, absolute protection cannot be guaranteed. The operator declines all liability for the consequences of misuse of personal information that occurs despite the measures taken.
Users/advertisers are responsible for securing the user content they publish or store on the platform. Any liability on our part for loss of data is explicitly excluded.
9. Final provisions
These General Terms and Conditions are subject to Swiss law.
Should any provision of these General Terms and Conditions be or become invalid, the remaining provisions shall remain unaffected. In this case, the parties to the contract undertake to replace the invalid provision by a provision that comes as close as possible to the economic purpose of the invalid provision.
In the event of contradictions between different language versions of these GTC, only the German text shall be authoritative.
Change of the terms and conditions
The operator reserves the right to change these general terms and conditions at any time. The version published on the Internet shall apply. The changes come into force as soon as they are published on the website.
Court of jurisdiction
The place of jurisdiction is the respective headquarters of the operator, currently Bottighofen/TG. However, Operator is also entitled to assert its rights at the domicile or registered office of the user/advertiser or before any other competent authority.
Bottighofen, 1 August 2020