Terms of Service

    HAPPLY | GENERAL TERMS OF USE

    Version from 10.03.2023

  • 1. Scope
  • 1.1. These General Terms of Use (hereinafter referred to as "GTU") apply to the internet service provided by Red Jobs GmbH, Franz-Dullnig-Gasse 5, 9020 Klagenfurt am Wörthersee (hereinafter referred to as "Red Jobs") on the website "www.happly.world" and all subdomains and websites belonging to this domain (hereinafter referred to as "HAPPLY.WORLD"). They therefore govern the relationship between users and Red Jobs.
  • 1.2. The use of the internet service HAPPLY.WORLD is subject exclusively to these GTU.
  • 1.3. Any provisions deviating from or supplementing these GTU – in particular the general terms and conditions of users – shall only apply if expressly agreed upon in writing and only in each individual case.
  • 2. Definitions
  • 2.1. GTU: These General Terms of Use as of March 2, 2023
  • 2.2. Red Jobs: Red Jobs GmbH, Franz-Dullnig-Gasse 5, 9020 Klagenfurt am Wörthersee.
  • 2.3. HAPPLY.WORLD: The website "happly.world" and all subdomains and websites belonging to this domain.
  • 2.4. HAPPLY: The internet service offered on HAPPLY.WORLD.
  • 3. Use of the Internet Service
  • 3.1. Red Jobs operates the internet service HAPPLY on HAPPLY.WORLD, which enables companies and job seekers to contact each other and share information. It allows companies to upload job advertisements and provide detailed information about vacant positions and the desired profiles. Furthermore, companies have the opportunity to present themselves and the vacant positions through video.
  • 3.2. To use the internet service HAPPLY.WORLD, prior registration is required, during which data will be collected and used according to the information in the privacy policy.
  • 3.3. By completing the online registration process and creating a user account on HAPPLY.WORLD, a usage agreement is formed between the user and Red Jobs. The subject of the usage agreement is the free use of the internet service HAPPLY.
  • 3.4. Creating a user account is only possible by providing a current valid email address of the user. This email address also serves as the communication medium with Red Jobs.
  • 3.5. 5 The user assures that the data provided during the creation of their user account is correct and complete. The use of pseudonyms is not allowed.
  • 3.6. The contractual language is exclusively German.
  • 4. Fair Information and Communication
  • 4.1. Users commit to:
    • 4.1.1 Comply with all applicable legal regulations and respect the intellectual property rights of those
      providing content on HAPPLY.WORLD.
    • 4.1.2 Not use automated processes (such as robots, spiders, crawlers, scrapers) to gain access to the
      services or to collect data from other users
    • 4.1.3 Not use the internet service in a way that disrupts or prevents its unrestricted use by others, or in a
      way that damages, disables, overloads, or impairs the service.
    • 4.1.4 Not communicate content that contains pornography, depictions of violence, racism, discrimination,
      threats, hate speech, defamatory statements, slander, violations of competition law, sexual
      harassment, or incitement to violence.
    • 4.1.5 Not spread viruses or other malicious code.
  • 4.2. When interacting or communicating with other users via the internet service HAPPLY, users are obliged to use appropriate language and not insult or slander others.
  • 4.3. Users shall not engage in any actions on HAPPLY that infringe the rights of others or are otherwise unlawful.
  • 4.4. The user must refrain from any activity that could impair or excessively burden the operation of the internet service HAPPLY or its underlying technical infrastructure. This includes, in particular:
    • 4.4.1 The use of software, scripts, or databases in connection with the use of the internet service.
    • 4.4.2 The automatic reading, blocking, overwriting, modifying, copying of data and/or other content, unless
      required for the proper use of the internet service.
  • 4.5. 5 Red Jobs is entitled to delete information or communication content shared by users if they violate these GTU or the principles and values of Red Jobs regarding fairness, equality, objectivity, and mutual respect.
  • 5. Duration and Termination
  • The usage agreement is concluded for an indefinite period. Both the user and Red Jobs may terminate the usage agreement at any time with immediate effect by email or by deleting the user account; the user can do so by emailing "office@redjobs.at" and Red Jobs by emailing the last known email address provided by the user.
  • 6. Warranty and Liability
  • 6.1. Any contractual relationships that arise from communication between users are exclusively between the involved users. Red Jobs is neither a representative nor a contracting party.
  • 6.2.Red Jobs only provides an internet service for establishing contact and communication and is therefore not liable for any breach of contractual or pre-contractual obligations related to the initiation or conclusion of an employment contract.
  • 6.3.Red Jobs is subject to the liability privileges of the E-Commerce Act.
  • 6.4.Red Jobs is liable to entrepreneurs to the extent required by law but not for damages caused by mere slight negligence.
  • 6.5.Red Jobs is liable to consumers as follows:

    • 6.5.1 Red Jobs is not liable for damages caused by mere slight negligence.
    • 6.5.2 In cases of negligence and lack of a condition for which Red Jobs has given a guarantee, Red Jobs is
      only liable for the foreseeable damage that the breached obligation or guarantee was intended to
      prevent, and in the case of existing liability insurance, up to the amount of the insurance sum
      applicable to the damage case.
    • 6.5.3 Liability for indirect damages, consequential damages, and lost profits is generally excluded.
    • 6.5.4 The provisions of 6.5.1, 6.5.2, and 6.5.3 do not apply to liability for intentional damage, personal injury,
      or liability under the Product Liability Act.
    • 6.5.5 All claims against Red Jobs for damages in contractual and non-contractual liability are subject to a
      one-year limitation period. The limitation period begins with the knowledge of damage and the injuring
      party.
  • 7. Functionality
  • 7.1. Red Jobs intends to make the internet service HAPPLY available continuously 24 hours a day, seven days a week, with an average availability of 97% per year. Scheduled maintenance windows announced in advance in the usual and reasonable scope will not be considered as system unavailability.
  • 7.2. Red Jobs is not responsible for interruptions or failures of the internet service HAPPLY if and insofar as the interruption or failure is due to force majeure. Force majeure includes any unforeseen and uncontrollable events for Red Jobs, such as natural events, fires, acts or omissions of a government or authority, terrorist acts (including cyber-terrorism). In the event of force majeure, Red Jobs will endeavour to restore the internet service HAPPLY as quickly as possible but is exempt from any service obligations for the duration of the force majeure.
  • 7.3. Furthermore, the internet service HAPPLY will only function fully if users use the latest common technologies, such as the latest browser technologies, on their respective devices.
  • 8. Changes
  • 8.1. 1 Red Jobs will offer the user changes to these GTU no later than two months before the proposed date of their entry into force, indicating the affected provisions. The user's consent is deemed granted if no objection is received by Red Jobs before the proposed date of entry into force. Red Jobs will inform the user of this in the change offer. The change offer will be communicated to the user at the last known email address provided by the user. In addition, Red Jobs will attach a comparison of the affected provisions and the full version of the new GTU to this notification.
  • 8.2. In the event of such a proposed change to the GTU, the user has the right to terminate the contractual relationship with Red Jobs without notice. Red Jobs will inform the user of this in the change offer.
  • 9. Schlussbestimmungen
  • 9.1. Should one or more of the preceding provisions be invalid or unenforceable, the validity of the remaining provisions shall not be affected. In relation to consumers, the invalid or unenforceable provision shall be replaced by the statutory regulation. In relation to entrepreneurs, the invalid or unenforceable provision shall be replaced by the valid and enforceable provision that comes closest to the economic purpose of the invalid or unenforceable provision.
  • 9.2. All legal relationships between Red Jobs on the one hand and users on the other are governed by the laws of the Republic of Austria, excluding all national and international conflict-of-law rules and the UN Sales Convention.
  • 9.3. The exclusive place of jurisdiction for disputes with entrepreneurs is the competent court for 9020 Klagenfurt. For consumers, the exclusive place of jurisdiction is the competent court for 9020 Klagenfurt, provided the consumer has their residence, usual place of abode, or place of employment within this judicial district.