Effective April 1, 2020,
these provisions apply to users/job seekers.
HOGASTJOB.COM is an online job portal of HOGAST Einkaufsgenossenschaft f.d. Hotel- und Gastgewerbe reg.Gen.m.b.H. and its participating member companies (hereinafter referred to as "HOGAST").
2. Contract conclusion
2.1 The contractual authorization to use the services offered via HOGASTJOB.COM comes into effect between HOGAST and the user when the access password is sent. The use of HOGASTJOB.COM is free of charge for the user. The user has no legal claim to the use of HOGASTJOB.COM. HOGAST reserves the right to change or discontinue the HOGASTJOB.COM web pages, including the services offered on them, at any time.
2.2 The User is entitled to terminate the contract of use with HOGAST at any time by independently deleting the User's profile or by sending a written notice to email@example.com. The User may also terminate the contract of use by sending a written notice to HOGAST.
3. General obligations of the users
3.1 The User undertakes to use the services of HOGASTJOB.COM lawfully. He assures not to disseminate any contents relevant under criminal law within the scope of use and not to violate any other rights of third parties (in particular industrial property rights and competition rights). In particular, the dissemination of content that is harmful to minors, pornographic, extremist and racist content, virus attacks as well as the misuse of the services of HOGASTJOB.COM for an intervention in the security measures of a third-party network, host or account (e.g. cracking, hacking) is prohibited. In particular, the aforementioned actions entitle HOGAST to immediately terminate the contractual relationship without notice and to block or delete all content of the affected user.
3.2 After issuing the password, the user must ensure its secrecy and proper use. 3.3 The user agrees that all communications concerning the user relationship of the services as well as new service offers of hogastjob.com may be sent to him by email, unless another form is prescribed by law.
4. Rights of use
By posting content on HOGASTJOB.COM, the user grants HOGAST the right to collect, process and use such content for the purpose of providing the services of HOGASTJOB.COM for the duration of the user's registration or for the duration of any service relationship arising therefrom.
5.1 The user is responsible for all content that he posts on HOGASTJOB.COM, e.g. texts, photos, graphics, files, links, etc. The user is also responsible for the content of the HOGASTJOB.COM website. He undertakes to comply with the legal provisions, in particular not to infringe any trademark rights, copyrights, personal rights or other rights of third parties.
5.2 The User shall protect his HOGASTJOB.COM access against unauthorized use by third parties and keep his password secret. The user shall indemnify HOGAST against all damages incurred by HOGAST due to unauthorized use of the HOGASTJOB access or other damaging actions by the user or third parties, insofar as the user is at fault.
5.3 HOGAST shall only be liable for third-party content (1) if HOGAST has knowledge of the unlawful acts or the content and, in the case of claims for damages, hogast is also aware of the facts or circumstances from which the unlawful act or content becomes apparent, or (2) if HOGAST has not acted expeditiously to remove the content or to block access to it as soon as hogast has gained such knowledge.
5.4 HOGAST is entitled to remove illegal content (e.g. content that violates legal or official prohibitions or offends common decency) from HOGASTJOB.COM without prior warning to the user. The user will be informed of such a measure without delay. This shall not give rise to any claim for reimbursement on the part of the user.
5.5 If HOGAST becomes aware of an unlawful act by the User or if hogast is informed of an alleged unlawful act by a third party, hogast will disclose the personal data to the law enforcement and regulatory authorities within the scope of the statutory provisions. Should a review of the legality of the transmission or the action complained of be required by hogast beforehand on the basis of legal provisions, HOGAST will comply with this.
HOGAST expressly distances itself from the content of all websites to which direct or indirect references (so-called "links") exist from the HOGASTJOB.COM website and accepts no responsibility or liability for them. The providers of the respective pages are responsible for the content of these pages. The same applies to all contents of pages that are displayed within HOGASTJOB.COM in so-called "frames" or "layers".
7.1 HOGAST merely provides the user with access to the HOGASTJOB.COM web pages. HOGAST does not guarantee that the content of HOGASTJOB.COM is complete, up-to-date and correct.
7.2 HOGAST endeavors to ensure that the HOGASTJOB.COM website is always available, but cannot guarantee this. The user is aware that, given the state of the art, it is not possible to create a program that is completely free of errors and that it is possible that content on HOGASTJOB.COM may not always be available.
7.3 HOGAST shall be liable in accordance with the statutory provisions for damage resulting from the non-availability or temporarily restricted performance of the services of HOGASTJOB.COM and for all other damage in the event of claims under the Product Liability Act, in cases of fraudulent concealment of a defect, the assumption of a guarantee or in the event of damage resulting from injury to life, limb or health, as well as in the event of damage resulting from an intentional or grossly negligent breach of duty by hogast.
7.4 In the event of a breach of material contractual obligations by HOGAST due to simple negligence, liability shall be limited to the damage typically foreseeable at the time of conclusion of the contract. HOGAST shall not be liable for any breach of non-essential contractual obligations based on simple negligence.
7.5 The User shall indemnify HOGAST as well as its representatives and vicarious agents against any claims by third parties based on unlawful use of HOGASTJOB.COM. The user shall inform HOGAST immediately of any claims by third parties based on unlawful use of HOGASTJOB.COM.
8. Final provisions
8.2 All legal relations between HOGAST and the User shall be governed exclusively by Austrian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
8.3 If the user is a merchant, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Salzburg/Austria. hogast is, however, also entitled to sue the user at his general place of jurisdiction.
8.4 In the event that individual provisions of the contract are invalid, the remaining provisions shall remain in full force and effect. In place of the ineffective provisions, such a provision shall apply without further ado which, within the scope of what is legally possible, comes closest to what was economically intended according to the meaning and purpose of the ineffective clause.
Photo reference sources:
The right to use the image material lies with the listed hotels and catering establishments. The operator of the website assumes no liability for this. In the news blog, the operator uses images from Shutterstock.com, istockphoto.com and https://pixabay.com.