Terms of service

1. Introduction

Please read the following terms and conditions (“GTC”) carefully. These GTC govern the use of websites and services (as defined below) offered by hokify GmbH or one of its affiliated companies. These terms and conditions have been in effect since August 25, 2015. If you do not agree to these terms and conditions, the websites operated by hokify GmbH and the services offered there cannot be used. It should once again be clarified that these GTC for the mobile applications hokify App & hokify Job App as well as the websites www.hokify.com, www.hokify.at, www.hokify.com, www.hokify.at and www. hokify.de apply. For the sake of simplicity, the term hokify below includes all products from hokify GmbH.

2. Binding contractual relationship

These GTC (which hokify may change from time to time) form an effective part of the contractual relationship between you and hokify (the “Agreement”). At the same time as you register for the hokify websites or services, you will be asked to declare your consent to the validity of these GTC. If you do not register, you will be asked to agree to the validity of these GTC each time you use hokify services. hokify can change these terms and conditions at any time in the course of an update of the site. hokify will post any changes to the T&Cs on the site. After changes to the terms and conditions have been made, hokify will prompt the user to accept these changes before registering again. If you reject the changes, you will no longer be authorized to use the respective page. The use of the site is at your own risk.

3. Definitions

The following definitions are used in this Agreement as follows:

1. “Employer” is any natural or legal person who uses the site either to make a job offer or to search for suitable applicants.
2. “Employer Materials” includes any brochures, emails, sample job listings, website content, job fair materials, audio media, videos, photographs, logos, trademarks, service marks, domain names, documents, or other materials required for Use have been hired by an employer on this site.
3. “Job Seeker” is any user who uses the Site in any other way as an Employer, particularly to look for a job.
4. “User” includes any natural or legal person using the Site in any way.
5. “hokify Materials” includes any materials, methods, plans or other intellectual property used in the performance of the Services.
6. “hokify Web Site” or the “Site” (collectively, “hokify Web Sites” or the “Sites”) means any website directly or indirectly controlled by hokify that hokify maintains and includes the content of the Sites, text, graphics, the design, programming, the hokify Materials and the Services (as available from time to time).
7. “Theme” includes the color combinations and page layout of the page. “Programming” includes the codes used on the pages, i.e. both those of the customer (HTML, JavaScript, etc.) and the server code used (Active Server Pages, VBScript, Databases, etc.).
8. “Services” include any type of service that hokify offers under the terms of these TOS.
9. “Document” refers to any information posted on the Site (posting), whether it is a job offer or a resume.
10. “Graphics” includes all logos, buttons and other graphic elements on this site, with the exception of the paid advertising banners.
11. “Content” includes all text, graphics, designs and programming used on the Sites.
12. “Text” includes all texts on the pages, regardless of whether they are of an editorial nature or serve to explain the functions or orientation on the respective page.

4. Intellectual Property Rights and Agreed Use of the Sites and Services

4.1 General Terms of Use

The Sites are intended for individuals who are (a) either jobseekers seeking employment or (b) employers seeking suitable candidates for vacancies. The sites may only be used within the framework of the applicable laws and for the purpose for which hokify operates this site. hokify determines the purpose of use relevant to the site.

4.2 Third-party content provided by algorithm calculation

hokify uses a search engine to enrich the job offer. The third-party content generated for users by the search engine algorithms and presented in the hokify apps and on all hokify websites is used and calculated exclusively by algorithms and is unchanged excerpts from third-party content. hokify is not responsible for the content of third parties within the meaning of §14 ECG. It is expressly pointed out that hokify does not identify itself with the external content to which reference is made by means of a link or in any other way, or adopt the offer or other content of the website as its own. Liability for third-party content from websites that are used by the algorithm calculation is expressly excluded. Within the meaning of §14 ECG, hokify excludes any liability resulting from the provision of third-party content. The content is calculated, selected and processed exclusively using algorithms. hokify therefore does not grant any user claims for the correctness, quality or topicality of the third-party content and hokify is not liable for any damage or consequential damage caused by the use or non-use of the third-party content provided.

4.3 Provided hokify Materials

All hokify materials contained on the pages (all third-party content that is not shown, see point 4.2.) and all other rights that exist in connection with the operation of the pages are exclusively owned by hokify or its licensors and are owned by the European and US American authors – and trademark protected. Except for those limited licenses granted to you under these Terms, hokify retains rights to or for the benefit of its licensors. You may not reproduce, modify, display, sell or otherwise exploit the content of hokify Materials in any commercial manner. In particular, these restrictions include (a) copying and adapting the HTML code used to generate a web page from this site; (b) using or attempting to use any program, manual or automatic software, tool, device, script robot or other aid, device, mechanism or other process (including but not limited to a browser, spider, robot, avatar or intelligent agent) to access any website navigate to, browse or connect to any of the services offered on any website; Exceptions to this are those search engines and search aids that hokify offers in general or on the hokify website or that are generally available from third-party providers (such as Internet Explorer, Firefox, Safari, etc.) and (c) collecting, copying or reproducing any information available on any hokify site without hokify’s prior written permission. The use of the content of the site on any other website or network computer for any other purpose is prohibited.
“hokify” as well as “hokify” and the hokify and hokify design logo, and other names or logos are service marks or trademarks of hokify or its licensors. Also all product and service names, design marks and slogans are service marks and trademarks of hokify or its licensors. Furthermore, the “look” and the “feel” as well as the “ambiance” of the pages (including the color combinations used, button shapes, the layout, the design and all other graphic elements) are also owned by hokify’s right or the right of the respective licensor to the brand , service mark or copyright. Also the codes,

In the event of authorized reproduction of the content of the Sites or the hokify Materials, all copyright, trademarks, service marks and other proprietary notices must be retained. All other products and service marks contained on the website are trademarks of their respective owners.

4.4 hokify’s Intellectual Property Rights

All hokify Materials contained on the Sites and all other rights related to the operation of the Sites are owned solely by hokify or its licensors and are protected by European and US copyright and trademark laws. Except for those limited licenses granted to you under these Terms, hokify retains rights to or for the benefit of its licensors. You may not reproduce, modify, display, sell or otherwise exploit the content of hokify Materials in any commercial manner. In particular, these restrictions include (a) copying and adapting the HTML code used to generate a web page from this site; (b) using or attempting to use any program, manual or automatic software, tool, device, script robot or other aid, device, mechanism or other process (including but not limited to a browser, spider, robot, avatar or intelligent agent) to access any website navigate to, browse or connect to any of the services offered on any website; excluding those search engines and search aids that hokify generally offers or on the hokify website or that are generally available from third-party providers (such as Internet Explorer, Firefox, Safari, etc.) and (c) collecting, copying or duplicating information, available on a hokify site, without prior written permission from hokify. The use of the content of the site on any other website or network computer for any other purpose is prohibited.
“hokify,” the hokify design logo, and other names or logos are service marks or trademarks of hokify or its licensors. Also all product and service names, design marks and slogans are service marks and trademarks of hokify or its licensors. Furthermore, the “look” and the “feel” as well as the “ambiance” of the pages (including the color combinations used, button shapes, the layout, the design and all other graphic elements) are also owned by hokify’s right or the right of the respective licensor to the brand , service mark, or copyright code hokify uses to construct or display site content is also protected by hokify’s copyright.

In the event of authorized reproduction of the content of the Sites or the hokify Materials, all copyright, trademarks, service marks and other proprietary notices must be retained. All other products and service marks contained on the website are trademarks of their respective owners.

4.5 Job Seeker License to Use

hokify hereby grants job seekers a limited, terminable and non-exclusive right to personally use the Job Opportunity Search Sites. This entitles you to view and download a single copy of the materials on the site for your personal, non-commercial use only. You are solely responsible for the documents you have posted and their content and you are aware of any consequences of posting these documents or their content. The user has no legal right to use the site.

hokify may block your access to the site if this is necessary to protect hokify’s interests or the protection of other users, if (a) hokify has previously set a reasonable deadline and this has expired without result, or (b) there is good cause , whereby such a violation is given in particular in the event of a breach of Section 16 of these General Terms and Conditions. In addition, hokify can terminate access at any time with one month’s notice.

Users with a non-European citizenship are obliged to send a valid work permit.

4.6 Employer License to Use

hokify hereby grants Employers a limited, terminable and non-exclusive right to personally use the Sites to search for suitable applicants for possible employment. This entitles you to view and download a single copy of the materials on the site; however, this may only be used insofar as this is directly related to the search for suitable candidates. In addition, hokify grants you a limited, terminable and non-exclusive right to make personal use of the hokify Materials and Services. You may not sell, transfer or assign the Services provided to you, or any rights to any Services, to any third party without our prior written consent.
hokify may block your access to the site if this is necessary to protect hokify’s interests or the protection of other users, if (a) hokify has previously set a reasonable deadline and this has expired without result, or (b) there is good cause , whereby such a violation is given in particular in the event of a breach of Section 16 of these General Terms and Conditions. In addition, hokify can terminate access at any time with one month’s notice.

4.7 Employer Materials

The Employer guarantees that all materials posted by the Employer on the Site for the provision of the Services do not violate any law or regulation or the property rights of third parties, and in particular do not infringe any copyright, trademark or privacy rights or contain obscenity or defamatory material. Employer grants hokify, as part of the service relationship, a non-exclusive, worldwide, royalty-free right to use Employer Materials and the hyperlink to Employer’s website.

4.8 Other Rules of Use

User represents that (a) he is at least 13 years of age or older, and (b) he will not use (or plan to use, encourage or assist others to use) the Site for any purpose other than those set forth in these Terms of Use are prohibited or violate applicable law.

4.9 User Submissions

hokify welcomes suggestions from users regarding the services offered and the site. However, hokify will not accept any creative ideas, suggestions, inventions, or other materials (“User Input”) that hokify has not expressly commissioned. Therefore, we ask you not to send any user input to hokify on your own initiative. The acceptance of a user input that has nevertheless taken place does not constitute a declaration that hokify wishes to enter into a contractual relationship with the user. If you still want to make suggestions, we ask you to formulate your user input specifically. If, contrary to this notice, you should nevertheless submit user input to hokify, be aware that the user input, insofar as these are not protected by copyright, trademark law, ancillary copyright law or in a comparable way, become the property of hokify. hokify is not obliged to keep the user input. User input and all content contained therein does not obligate hokify to secrecy. hokify is also not responsible for any use or publication of user input by third parties.

5.Third Party Providers

hokify may use third parties, in particular sub-contractors and consultants (“Third Party Providers”) to provide services. hokify will conduct all contract and billing negotiations independently and autonomously with the third-party providers.

6.Disclaimer.

6.1 Fault

Users are solely responsible for the documents they post and their content. hokify acts exclusively as a platform for the online dissemination and publication of the information posted by the user and is not obliged to check the information posted by the user and the communication taking place between the users in advance. hokify is also not responsible for any monitoring tools that a user may have set. If a user should determine that a document may violate these GTC, hokify may take further measures to determine a violation and, if necessary, remove the document or request its removal. hokify shall not be held responsible for such violations by the user. However, hokify may take any necessary and appropriate countermeasures regarding this posted information.

6.2 No acknowledgment by hokify of user information

Nothing published on the Site about a user or about a third party is provided by hokify either with regard to its website, its products, its services, with regard to any employment, the stated experiences, work or hiring practices or in any other way constitutes an acknowledgment or guarantee.

6.3 No Guarantees by hokify

(a) hokify does not guarantee the content of the site. In particular, hokify does not guarantee that the rights of third parties will not be violated. In particular, hokify does not guarantee the accuracy, freedom from errors, functionality, completeness or timeliness of the site.

(b) Subject to the foregoing:

1. hokify does not guarantee that the site will function error-free and that the server used is free of computer viruses or other harmful programs. If the use of the site should lead directly or indirectly to damage to your computer or software, hokify is not liable for any repair costs
2. hokify does not warrant the accuracy, legality, completeness, timeliness, or reliability of any information posted by a user or any other form of communication in which a user is engaged.
3. hokify does not guarantee the content of the pages, especially not for faulty links, inaccuracies or incorrect information.
4. hokify does not guarantee that the service provided by hokify will timely and successfully meet the recruitment goals aimed at by the user. hokify does not guarantee that the service offered will result in the hiring of a suitable candidate or in filling a vacant position. hokify is not responsible for any business decision made by the user regarding hiring a candidate and/or any salary decisions.

6.4 Limitation of Liability

hokify and its vicarious agents are not liable for slight negligence – for whatever legal reason. The above limitation of liability does not apply in the event of a breach of an obligation that the user can regularly rely on being observed (“cardinal obligation”), or in cases in which a guarantee has been assumed or due to injury to life, limb or health. In these cases, liability is limited to the damage that was foreseeable at the time the contract was concluded. In all other cases, (a) liability is limited to the consideration paid by the user or (b) if no fee was paid to €150, unless the user can prove in each case that the damage actually incurred was significantly higher.

6.5 Identity of User

Because online identity verification is difficult to perform, hokify cannot and will not verify or verify a user’s identity as claimed. Since hokify is not involved in the communication between the users and cannot monitor the behavior of the users, but the users act independently, hokify is not liable for any resulting damage.

7. Cancellation Payments

If an employer terminates a contract with hokify, for which these GTC are part of the contract, hokify can demand all payments due for services provided up to that point as well as twenty percent (20%) of the outstanding payment.

8. Links to other websites

hokify creates links to other websites. These links are provided for informational purposes only and do not constitute an endorsement by hokify of the content contained therein. hokify is not responsible for the content of any linked third-party website and does not guarantee the accuracy of any material made available there. Visiting these websites is your own responsibility.

9. Exclusive application of the hokify terms and conditions

Any deviating terms provided by the user shall be deemed rejected by hokify unless hokify expressly accepts such new or amended terms in writing.

10. Releases of Liability

User shall indemnify and hold harmless hokify (and any subsidiary, affiliated company, officer, officer, employee or agent) against any claims for damages, suits or claims of third parties for which it is responsible. In particular, the user releases hokify from liability if the damage in question (a) results from the use of the site by the user; (b) from the documents posted by the user on the site; (c) resulting from User’s use of the Services; or (d) User’s breach of any provision of these GTC or the Agreement. hokify shall notify the user of any such claims,

11. Privacy Policy

The privacy policy can be found on the Privacy Policy and Rights page.

12. Posting of Advertisements

hokify is entitled to have advertisements published on the platform by the employer on its own website and within the framework of cooperation on the platforms of hokify’s cooperation partners. Furthermore, hokify is entitled to have the advertisements published in any freely selectable print medium or by third parties. hokify has the right to prohibit certain publications in justified cases. At the request of the company, hokify can make changes to the advertisements published on hokify during the publication period, provided this is technically and in terms of content reasonable. Changes that affect the identity of the advertisement are not permitted, in particular the title of the job advertisement, so that in the event of a change the original,

13. Term for Slot & Quota Solutions

13.1 Term for Slot Solutions

The start of the term for slot solutions is the day on which the first advertisements are published on hokify. Therefore, the contract applies from this day for the agreed term. However, the contract period begins no later than 6 months after the conclusion of the contract.

13.2 Term for Quota Solutions

In the case of contingent solutions, the term is defined by the use of the contingent, in addition to the maximum contract term. Therefore, the term of the contract ends as soon as all quotas have been used. The maximum contract term is limited to 12 months after conclusion of the contract. Products not called up within the specified period of time lose their validity automatically and without any further action on the part of the contracting parties.

14. Questions and Comments

Questions regarding the use of the site should be directed to the contact under the heading “Feedback”. Comments addressed to hokify should be directed to the contact address provided on the page.

15. General

The contact address of hokify is given on the page. hokify does not warrant that (a) the content is appropriate for the user’s intended use, (b) can be used outside of Austria and Germany, or (c) is available for download. Access to information on the Sites may be prohibited by law for certain individuals or in some countries, and therefore such individuals have no right to access the Site. Access to the site outside of Austria and Germany is at your own risk and the user is responsible for the compatibility of this use with the relevant law. The contractual relationship existing between the parties is subject to Austrian law to the exclusion of the UN Convention on the International Sale and Sale of Goods (“CISG”), as well as for consumer contracts primarily those provisions of the country of the consumer’s habitual residence, of which an agreement to the detriment of the consumer may not be deviated from (intervention norms). The place of jurisdiction for all disputes in connection with these General Terms and Conditions is Vienna, provided the other contractual partner is an employer. If one of these provisions of this contract should be declared invalid by a court of law, this shall not affect the validity of all other provisions of this contract, but remain binding. All provisions of this Agreement will remain in effect in the event of termination, except for those provisions governing access to and use of the Site. In the event of termination, the right to use the site shall cease to exist with immediate effect.

User may not assign or transfer the Agreement or any of its obligations under this Agreement without hokify’s prior written consent. This Agreement constitutes the sole contractual basis for the contractual relationship between the User and hokify, unless hokify expressly states otherwise in a statement (“Legal Notice”) or in materials on the Site.

16. Rules for posting information, for service and for safety

The following regulations apply to the use of the site and/or the use of services. This listing does not constitute an exhaustive presentation of the usage rules.

16.1 Rules for Posting Information

1. The user is prohibited from posting documents that contain (i) URLs or links to other websites; (ii) copyrighted material (unless the user owns the copyright or the copyright owner has given permission to use the material); (iii) trade secrets (unless the user owns those trade secrets or the trade secret holder has given permission to use the material); (iv) any other material that infringes any intellectual property or other right of any third party; (v) keywords or “white text” keywords (especially words that are incorporated into the text in a way that is hidden from the user); (vi) statements that are discriminatory, sexually suggestive, Obscene, abusive, defamatory, threatening, harassing or abusive content; or (vii) contain statements likely to offend any person or entity.
2. The user is prohibited from using a document to (i) impersonate another person (living or deceased); (ii) disseminate any false, incorrect or misleading information, opinion or communication (commercial or otherwise) or chain letters; or (iii) disseminate advertisements or solicitation (including but not limited to automated emails, pyramid schemes or other memberships). However, hokify has the right to allow and place certain offers on the site at its discretion in return for a guarantee of upfront payment, commission or periodic payments. If hokify deems these offers misleading or insufficient, hokify may remove these offers altogether to protect its users.
3. User’s documents must be sufficiently meaningful and detailed to adequately describe the job posting and requirements of the user. This also applies when the user is looking for a position. In this case, the user must present his or her qualifications in a sufficiently meaningful and detailed manner. The user is prohibited from asking other users to request further information (e.g. with the appeal that further more detailed information be given on request). The posting of documents from third parties, the use of which is subject to a fee or which impairs the retrieval of information already posted in CVs, is prohibited.
4. The information posted on a resume must contain accurate information about a living individual who is themselves seeking permanent employment, part-time employment, or freelance work.
5. The user is prohibited from posting sensitive information in accordance with the Austrian Data Protection Act with regard to his racial and ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health or sex life (“special categories of personal data”). hokify shall not be liable should a user nevertheless provide such information.
6. hokify is not obliged to systematically search the documents posted, but can monitor them through spot checks. Those documents that violate the regulations for posting information can be removed by hokify at its due discretion.
7. With the login, the job seeker agrees to make all entered data publicly available and to be able to be found by employers.

16.2 Code of Conduct

1. Users should only contact each other when looking for a job or a suitable applicant for a position (e.g. to apply for a vacancy or to hold further discussions with potential candidates). Any communication that is also intended to advertise a user’s business is prohibited.
2. Sending unsolicited emails with commercial content is prohibited.
3. Password protection. The user is responsible for the confidentiality of his data and his password. The user is responsible for any – authorized or unauthorized – use. Even if third parties use a user’s password in an unauthorized manner, access for this user can be blocked to protect other users. In the event of unauthorized use of the password and user profile by third parties, the user is obliged to inform hokify immediately.
4. Please report any such misconduct to the contact under the “Feedback” section.
5. The user may neither delete nor change the information posted by another user.
6. If hokify becomes aware that a user: (i) has deceived hokify about its business practices and/or about the services it offers or (ii) impersonates itself as an employer without justification and false information about its alleged business areas or about to be contracted out by it places, hokify can terminate the contractual relationship without notice.

16.3 Safety Rules

1. In particular, users must not jeopardize the security of the site by: (i) the user gaining access to data that is not authorized for him or registering for a user profile to which he is not authorized to access; (ii) the user checks, scans or tests the networks or systems used to operate the site for their vulnerabilities and security gaps or attempts to circumvent security or authentication measures; (iii) the user disrupts or attempts to disrupt the network used or the connection to another user, in particular if the user implements a virus, impairs the network used with a large amount of data or a large number of e-mails sent (“overloading” , “flooding”, “mailbombing” or “crashing”); (iv) User sends unsolicited e-mails, including but not limited to advertising products or services, or (v) User forges TCP/IP packet headers or any part of the header information in e-mails.
2. Violation of these safety regulations may result in civil and/or criminal penalties. hokify will investigate the facts that constitute a breach of security regulations and will use law enforcement authorities to prosecute any breaches and enforce civil claims.

17. Copyright

17.1 hokify respects the intellectual property of third parties

hokify will take action against claimed copyright infringement or intellectual property infringement. hokify will promptly investigate alleged infringement and take appropriate countermeasures under the Digital Millennium Copyright Act (“DMCA”) or other equally applicable intellectual property or e-commerce laws. Upon notice pursuant to DMCA or other applicable intellectual property or e-commerce laws, hokify will promptly remove, disable direct access to, or prevent any linking to, the material that is the subject of the alleged infringing activity.

17.2 Notification of Copyright Infringement

A report of any copyright infringement must be sent in writing to info(at)hokify.com, which contains the exact contact details. Please note that in the event of unjustified suspicion of copyright infringement of your copyrights, you may be liable yourself.

17.3 Forwarding counter-notifications to hokify

If hokify should block access to a user’s profile due to a violation report, hokify will make reasonable attempts to contact the user or the administrator of the site. If the data subject believes that the materials they are using should not be infringing, they may also contact hokify at info(at)hokify.com and submit a written counter-notification. Please also note that in the event of an unjustified suspicion of a copyright infringement of your copyrights, you may be liable yourself (in particular for court and legal fees incurred). If you are unsure whether a behavior could constitute a copyright infringement,