Terms and conditions
1. Applicability
1.1. These General Terms and Conditions (GTC) apply to the platforms of Jobtero, provided by Jobtero GmbH, headquartered in 39040 Kastelruth (BZ), South Tyrol – Italy, registered in the Bozen Commercial Register, number 03143890212, REA BZ – 235815, VAT No. IT03143890212, and the customer. The services to be provided are the provision and placement of job advertisements and are subject to the provisions of this contract.
1.2. The application of any conflicting general terms and conditions is rejected unless their application is explicitly set out in writing.
1.3. The subject of the contract is the content of job advertisements with the specified/selected information within a selected radius and for a duration of 15 days, which are invoiced prior to publication by ordering individual or bundled advertisements. The GTC in the version applicable at the time the contract is concluded shall apply. The use of the platforms is at the user’s own responsibility.
1.4. These GTC (which Jobtero may change at any time in the course of an update) have been valid since August 18, 2024. If you do not agree with the GTC, you cannot use Jobtero’s paid services.
2. Conclusion of the Contract
2.1. Upon accepting your registration for Jobtero’s paid services, you will be asked to confirm your agreement to these GTC. By the customer placing one or more job advertisements through the platforms and clicking the respective order button, they submit a binding offer to conclude a contract. Jobtero reviews the offer and automatically processes the payment using the customer’s specified payment method. Once the payment is confirmed, Jobtero begins with the execution of the contract, and the customer receives an order confirmation and an invoice. After clicking the order button, the customer expressly waives their right of withdrawal under EU regulations for the selected service and confirms being aware of this waiver.
2.2. Jobtero reserves the right to reject orders or job advertisements due to their content, origin, or technical format.
2.3. The customer is responsible for the security of their password and for all activities conducted through their user account. Upon registration, the customer is required to provide all necessary information completely and truthfully. In the event of unauthorized access or suspicion of unauthorized access to the registered user account, the customer is obligated to inform Jobtero immediately.
2.4. The customer’s rights under the contract are neither transferable nor assignable. The contract may only be assumed by third parties if Jobtero grants its written consent after review.
2.5. Upon concluding the contract, the customer commits to providing Jobtero with all necessary documents and information in a timely manner to enable Jobtero to fulfil its contractually agreed services; otherwise, Jobtero is released from its contractual obligations. The customer’s obligation to cooperate is derived from the respective individual order confirmation.
2.6. By concluding the contract, the customer confirms that they will only use the platforms within the framework of applicable laws and for the purpose for which Jobtero is operated. Jobtero determines the intended use of the platforms. The customer also confirms that they have the necessary rights to use and publish the content or job advertisement provided.
2.7. Jobtero is obligated to keep all confidential information received in the course of providing its services secret. This obligation remains in effect even after the conclusion of the contract.
2.8. The customer assures that they have reached the legal minimum age for the conclusion of legally binding contracts in his country. If the customer is younger, they require the supervision and consent of a parent, legal guardian, or other responsible adult.
3. Use of the Platforms and Services
3.1. All content on the platforms, all other rights associated with the operation or software of the platforms or Jobtero, are the exclusive property of Jobtero and are protected by European copyright and trademark law. Except for the limited licenses granted to you under these GTC, Jobtero remains the rights holder. You may not reproduce, modify, display, sell, or otherwise commercially exploit the content, brand, or name of the Jobtero platforms.
3.2. The customer grants Jobtero the necessary, non-exclusive right to use the customer’s performance rights to the extent that this is necessary and expedient for the fulfilment of the contract.
3.3. Both parties declare that they will strive to ensure the smooth operation of their respective internet platforms and systems. Neither party is liable for any operational interruptions. In particular, operational interruptions may occur due to maintenance work and disruptions.
3.4. Further information on the use of the platforms and services can be found in the terms of use.
4. Reporting System and Complaint Procedure
4.1. Jobtero has an electronic complaint management system to review allegedly illegal content.
4.2. All content created by the user (e.g. advertisements, profiles, connections, etc.) can be reported to Jobtero using the reporting system. A user account is required to report content. When reporting content, the type of report must be selected from a list of possible complaints and confirmed. The report is then processed by Jobtero. Jobtero may respond to the creator of the complaint depending on the type and severity of the abusive report.
4.3. After reviewing the complaint, Jobtero reserves the right to take measures deemed appropriate. In particular, user accounts may be temporarily suspended, content removed, or registered user profiles permanently terminated.
4.4. Whether the processing of reports is suspended and for how long depends on various factors, such as the type and severity of abusive reports.
4.5. Complaints must be submitted within five days of the online publication. The customer has the right to the immediate rectification of the reported defects and the extension of the publication period of a job advertisement. If the defects are severe, the customer has the right to withdraw from the contract.
5. Liability and Warranty
5.1. Jobtero is liable for damages, regardless of the reason, only in cases of intent or gross negligence. In other cases, Jobtero is only liable for violation of contract. In all other cases, Jobtero’s liability is excluded.
5.2. Users are solely responsible for the documents they publish and their content. Jobtero acts only as a platform for the online dissemination and publication of the information provided by users and is not obligated to pre-screen the information uploaded by users or the communication occurring between users.
5.3. Jobtero is not involved in the communication between users and therefore has no control over the accuracy, completeness, or timeliness of profiles and user content.
5.4. If a user should determine that content potentially violates these GTC, Jobtero may take further measures to determine the violation and, if necessary, remove the content, demand its removal, or suspend the user account.
5.5. Liability for indirect damages, loss of profit, or data loss is excluded to the extent legally permissible.
5.6. The customer indemnifies Jobtero against all claims for damages, lawsuits, or demands from third parties caused by the customer and holds Jobtero harmless. In particular, the user indemnifies Jobtero from liability if the relevant damages arise:
a. from the customer’s use of the platforms;
b. from the documents and multimedia content uploaded by the customer to the platforms;
c. from the customer’s use of Jobtero’s services or
d. from a violation of a provision of these GTC or the contract by the customer.
6. Data Protection
6.1. All user information is used exclusively in accordance with the provisions of Jobtero’s data protection regulations. As part of these data protection rules, Jobtero may collect certain user information and contact the user at regular intervals.
6.2. Further information on the processing of personal data is contained in the data protection rules. When processing personal data, Jobtero complies with all the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
7. Termination and Suspension of User Accounts
7.1. The contract shall apply upon conclusion and automatically ends at the expiration of the agreed period.
7.2. Jobtero reserves the right to suspend or delete user accounts in the event of violations of these GTC.
8. Final Provisions
8.1. Should any clause of these GTC be invalid, the validity of the remaining clauses remain unaffected.
8.2. The law of Italy applies, excluding the UN Convention on Contracts for the International Sale of Goods, international private law, and its choice of law clauses.
8.3. The exclusive court of jurisdiction is Bozen (BZ – South Tyrol – Italy).
8.4. These general terms and conditions are written in German. In the event of any discrepancies with the respective translations, the German version shall prevail.
8.5. The legal relationships arising from the free use of the Jobtero platforms are further explained and defined in our terms of use. Jobtero is committed to its own data protection regulations.
8.6. For questions regarding these GTC, please visit the help pages or contact us via the support.
The GTC shall apply from August 18, 2024.