General Terms and Conditions of Graubünden JOB MATCH
1. General
Note: This English translation was created with the assistance of artificial intelligence. In case of discrepancies or interpretation issues, the original German version of these General Terms and Conditions shall prevail.
a. These general terms and conditions (“GTC”) apply to all subscriptions, services, and other performances (“Services”) provided by Graubünden Job Match, c/o GastroGraubünden, Loëstrasse 161, CH-7000 Chur, (“Provider”) to the customer (“Customer”), in particular in the app and the web app “graubuenden job match” (collectively referred to as the “App”) and on the website graubuenden.jobs.
b. The currently valid price and conditions sheet as well as the overview of offers can be accessed at graubuenden-job-match.
c. In the App, the Customer may purchase certain Services in connection with the facilitation of contacts for the initiation of employment relationships. The Provider acts solely as an intermediary and is not responsible for the successful conclusion, the content, or any other aspect of a potential employment relationship.
d. General terms and conditions of the Customer, in particular general purchasing conditions, shall not apply, even if the Provider does not expressly object to them. Such terms shall only apply if the parties have concluded a deviating written agreement in an individual case.
e. The Provider reserves the right to amend these GTC. In the event of an amendment, the Provider shall send the Customer the new version at least 14 days before it comes into effect, indicating that objections must be raised within 14 days; otherwise, the new GTC will come into force at the time specified in the notification.
f. If the Customer does not object within the period or accepts the amendment of the GTC, the new GTC shall automatically apply. If the Customer objects, the contract shall automatically terminate at the date specified in the notification.
2. Conclusion of Contract
a. The Services and price information offered by the Provider constitute an invitation to the Customer to submit a binding offer to purchase the Services to the Provider (“Offer”). Customer offers are binding for 14 (fourteen) days, unless otherwise agreed.
b. The Provider is free to accept or reject the Customer’s Offer in whole or in part without giving reasons.
c. The Customer’s Offer is accepted by the Provider (i) by granting the Customer access to the App or (ii) by explicitly declaring acceptance of the Offer. In any case, the Provider will send a confirmation of the contract conclusion (“Confirmation”) to the email address provided by the Customer.
d. Upon acceptance as defined above, the contract for the Services between the Customer and the Provider (“Subscription”) comes into effect.
e. Illustrations, performance descriptions, and public statements (e.g., on the website or in marketing materials) do not form part of the contract unless they are explicitly designated as binding. This applies in particular to statements regarding posted jobs or placement rates.
3. Contract Duration and Termination
a. Subscriptions are concluded – unless otherwise agreed – for a minimum contract period of one year (12 months).
b. The Customer and the Provider may ordinarily terminate the Subscription (the contract) by giving one month’s notice to the end of the respective minimum contract period. If the agreed minimum contract period is one month, a notice period of seven days shall apply.
c. If no or no timely termination is declared, the contract is automatically extended by the agreed minimum contract period.
d. Termination for good cause remains unaffected. Good cause exists in particular if the Customer is in qualified default of payment, violates the granted usage right or the Fair Use Policy in accordance with Section 6, or fails to fulfill cooperation obligations despite being requested to do so by the Provider.
4. Prices and Payment
a. All prices are quoted in CHF exclusive of VAT, unless otherwise indicated.
b. Fees for the Provider’s Services are due for payment at the start of the Subscription. After the Customer’s registration, the Provider will issue an invoice for the subscription costs, which must be paid within 20 days.
c. In case the Customer defaults on payment, default interest in accordance with Art. 104 para. 1 of the Swiss Code of Obligations (CO) shall apply. A flat fee of CHF 20.00 will be charged for reminders.
5. Right of Use
a. The Provider grants the Customer a simple, non-transferable, non-sublicensable, and non-exclusive right of use, limited in time to the duration of the Subscription and geographically to Switzerland, for the App in accordance with the provisions of this contract.
b. The right of use includes the Customer’s right to install and use the App on their own devices.
c. The right of use is limited to use within the Customer’s business operations, and any form of distribution, transfer, rental, or licensing of the App to third parties is excluded.
d. The Customer may not modify, decompile, reverse engineer, or otherwise attempt to decrypt or determine the source code of the App.
6. Fair Use Policy and Customer’s Duty to Cooperate
a. The number of job postings per Customer is currently not limited by the Provider. However, the Customer undertakes to publish only job postings in the App that they actually intend to fill promptly.
b. Excessive publication of postings (e.g., duplicates) or postings that are not intended to be filled is not permitted.
c. Any use of the App is subject to Fair Use, meaning use is only permitted within the ordinary, average, and expected needs of the Customer.
d. In the event of a violation of this clause, the Provider reserves the right to terminate the contract for good cause, introduce posting limits, temporarily or permanently deactivate the Customer’s account, or take other measures.
e. To ensure optimal use of the App for all customers and users, the Customer must actively use the App and interact with other users. The Customer therefore undertakes to respond to incoming inquiries from users within a reasonable period (within 48 hours). The Provider reserves the right to deactivate unprocessed or unfilled postings after a period without prior notice.
7. Warranty
a. The Provider makes no warranty that employment relationships will actually be successfully facilitated through the App or that such opportunities will be available in a satisfactory number to the Customer.
b. The Provider does not assume any quality control of any kind and does not verify the information provided by Customers or users for timeliness, accuracy, or completeness. The Provider does not check whether content is unlawful.
c. The Provider does not warrant that the App will be provided without interruption or error. The App is provided on an “as is, where is, with all faults” basis, and any warranty is therefore excluded.
d. The Provider reserves the right to monetize individual Services separately and to make Customers’ postings differently visible and available in this context.
e. The Provider reserves the right to discontinue or expand content or functionalities of the App at any time, as long as the basic functionality remains available.
f. The Provider is entitled to discontinue operation of the App without giving reasons either immediately or after a notice period of three months.
8. Liability and Compensation
a. The Provider is not liable for the conclusion, successful initiation, or content of employment relationships, or for the accuracy, timeliness, and completeness of job postings or user information.
b. The Provider’s liability for damages caused by slight negligence, except for personal injury, is excluded. Liability is also excluded for pure financial losses, loss of profit, damages to third parties, indirect damages, and consequential damages.
c. The Provider’s liability is limited to the amount actually paid by the Customer.
9. General Provisions
a. All legal relationships between the Provider and the Customer are subject exclusively to Swiss law, excluding conflict of law rules and the UN Sales Convention.
b. Place of jurisdiction is the competent court at the Provider’s registered office. Place of performance is the Provider’s registered office.
c. The Customer may not transfer, assign, pass on, grant, or otherwise provide the rights of use under this contract to third parties without the Provider’s written consent.
d. The Customer may only declare a set-off against claims of the Provider if their claims are directly legally connected with such claims, acknowledged by the Provider, or legally established.
e. The Customer is obliged to notify the Provider of any changes to their address.
f. Amendments or additions to this contract require text form. This also applies to a waiver of the requirement of text form. Simple emails are only binding if they are sent by the Provider’s managing director. Other employees of the Provider are not authorized.
