These Terms and Conditions govern the rights and obligations relating to the use of the services offered on the “joblounges.com” website.
Valid from 01 March 2023
1. Introduction
1.1 Scope and application of this General Validity
These General Terms and Conditions (GTC) of Job Lounges. (hereinafter “Job Lounges”) as well as the provisions stipulated by these GTC as binding, in addition to the GTC, in particular the data protection declaration and the fee regulations, regulate the use of the subdomains www.joblounge.ch via the website) offered products Job Lounges (together hereinafter referred to as “Marketplace”) related rights and obligations and the contractual relationship between Job Lounges and Job Lounges members. Furthermore, the interface terms and conditions apply when using the interface.
Confirmation and modification of these Terms and Conditions The member confirms these terms and conditions anew each time it logs in to the marketplace. Job Lounges reserves the right to make changes to these Terms and Conditions at any time and to publish the current version on Job Lounges.
Substantial changes shall also be communicated to the members within a reasonable period of time prior to their entry into force. Job Lounges again points out the possibility of contradiction.
If a member does not object to the application of the new GTC after this information, the amended GTC shall be deemed accepted.
1.2 Marketplace of Job Lounges
For the sake of simplicity, the present GTC refer to the supplier of a product as “service provider,” the purchaser of a service as buyer and the acquisition as “purchase” or “buy.”
1.3 Principles for using the Job Lounges marketplace
1.3.1 Self-responsible use
On the marketplace, the members can conclude contracts with each other or the service providers and the buyers autonomously and independently. Only the service provider and the buyer are obliged and entitled under such contracts. The fulfilment of the contract is the sole responsibility of the service provider and buyer.
1.3.2 Status of Job Lounges
Job Lounges is not a contracting party to contracts concluded between members or service providers and buyers on the marketplace. Job Lounges, its representatives, employees and auxiliaries are in no way responsible for the risks associated with initiating and concluding transactions and are in no way liable for any damages resulting therefrom.
Job Lounges is not obliged to control the behavior of its members or traders in connection with the use of the marketplace. In particular, Job Lounges is entitled, but not obliged, to check in any way the legality or other admissibility of the offers, texts and illustrations published on the marketplace by its members or service providers. This applies in particular to the system for evaluating members or service providers used by the members in their own responsability.
1.3.3 No claim to use
There is no right to registration, membership, use of the marketplace or use of Job Lounges services. In particular, Job Lounges is free to refuse to register at any time, or in accordance with clause No. 2.4 exclude a member, prohibit use or discontinue a service.
1.4 Definitions
1.4.1 Member
With the registration, i.e. with the indication of his requested personal details and his consent to the present GTC, the interested party becomes a “member” of the marketplace. Job Lounges may provide or waive additional information and/or verification. Registration and membership are free of charge.
1.4.2 Service providers
Service means the publication of an independently designed service on the marketplace.
1.4.3 Types of offers on the Job Lounges marketplace
The hiring of a service by the freelancer, indicating a so-called fixed price, constitutes a binding offer for the performance of a service to the person who agrees to pay the fixed amount. The Service can be offered by the Service Provider at a fixed amount.
2. Membership
2.1 Purpose
Membership as a registered user is a prerequisite for the provision of services on the marketplace, for the use of website functions related to Damitz and for the use of password-protected areas of the websites (in particular a personal account). In order to be able to use all functions of the marketplace as a member (in particular offer of services and purchase unlimited), different verification levels are provided or can be demanded (e.g. the entry of activation codes sent by post).
2.2 Description
Registration and membership are free of charge. Membership is personal and non-transferable. Job Lounges – as the marketplace provider – receives 10% commission of the requested amount of a successfully completed service.
a) Fees for service providers
Service providers pay Job Lounges a service fee for the use of the website services, the service fees (for the use of the website services) are paid exclusively by the service provider. If a customer pays a freelancer for a project, Job Lounges service provider account will credit the amount paid or released by the customer and then deduct the service fee of 10% and pay out to Job Lounges.
The service provider hereby irrevocably authorizes to deduct the service fee from the freelancer account and to pay it to Job Lounges on behalf of the freelancer.
b) Withdrawal fees
Service providers pay joblounge a withdrawal fee for transferring payments to their preferred payment method (“withdrawal fee”). The withdrawal fee is paid to Job Lounges for the costs incurred and the management of the withdrawals via the withdrawal method desired by the freelancer and varies depending on the withdrawal method.
The withdrawal fee for each withdrawal method is listed under Fees and Schedules on the website and will be revised from time to time.
1.c) Buyer Commission
Buyer figures when paying for the service a small commission of 2.5% of the purchase amount.
2.3 Minimum conditions for membership
2.3.1 Capacity to act
Membership is open only to natural or legal persons with unlimited capacity to act. Minors (persons under 18 years of age) are excluded from membership.
2.3.2 Personal information
The information to be entered during registration must be complete and correct at all times.In principle, it must contain the following: complete first and last name, date of birth, address of the current main residence, telephone number (no value-added service number such as 0900 number), valid e-mail address.
When registering a company or a commercial member account, the name of the contact person and, in addition, the complete company must be indicated (incl. VAT and commercial register no. If available). In the event of changes, the member is obliged to keep them immediately in the personal user account, so that the information is complete and correct at all times.
Job Lounges can provide or waive additional information and/or verification for specific functions at any time. The user name to be chosen by the member must not be obscene, degrading or otherwise offensive. In addition, the user name may not contain a reference to an e-mail or internet address or infringe the rights of third parties.
2.4 Commencement and termination of membership
2.4.1 Start
The membership begins with the sending of an e-mail confirmation by Job Lounges after registration and approval of these GTC.
2.4.2 Termination by the Member
The termination of the membership is possible at any time, if all the following conditions are fulfilled, by a termination by e-mail: The account balance of the member is balanced, i.e. there is no balance in favour of Job Lounges.
The member currently does not offer any service on Job Lounges.
The member is not involved as a customer in an ongoing service.
If one of the conditions is not met, the termination is invalid. Job Lounges Customer Service confirms the termination by sending an email and closing the corresponding account. Any evaluations submitted and received by a member will continue to appear on Job Lounges even after their termination.
2.4.3 Termination by Job Lounges
Job Lounges is entitled to exclude a member at any time (i.e. to terminate the membership), to prohibit use or to discontinue a service for factual reasons, in particular in the event of disregard of the General Terms and Conditions, without the respective member having any claims against Job Lounges.
Job Lounges is entitled to temporarily suspend or definitively exclude a member if it appears likely that another member (such as family members or housemates) who has already been blocked or excluded will conduct business through that account, or if there is reasonable suspicion that the member has violated the rights of third parties.
Cost of success plus any reminder fees and sales compensation are still owed in the event of an exclusion.
Any evaluations made and received by a member shall also appear on the marketplace after the termination of membership. Excluded members have no right to register as a member again without the prior consent of Job Lounges, whether under their own name or under a foreign name. Contraventions against this provision will be invoiced with CHF 100.-.
3. General membership obligations
3.1 Confidentiality of access data
The member is obliged to keep the personal password and the activation code received by Job Lounges secret at any time and never disclose or make available to third parties.
3.2 Technical interventions
The use of mechanisms, software or other scripts that could interfere with the proper operation of the website is prohibited. Members may not take any action that could result in an unreasonable or excessive burden on Job Lounges’s infrastructure. Members are prohibited from blocking, overwriting or modifying content generated by Job Lounges or otherwise interfering with Job Lounges websites.
3.3 Intellectual property rights of third parties (intellectual property)
Offers, texts and pictorial representations which a member publishes on the marketplace in any kind and form (offer descriptions, ratings, entries within the framework of the “questions and answers function,” etc.) or communicates in any other way via the marketplace shall not infringe any intellectual property rights of third parties. The member may only use and publish images and texts on the Job Lounges website, which he has created himself or whose use the rights holder has agreed to; this applies in particular to text and image material which is publicly available on another website.
3.4 Third Party Personal Rights
Offers, texts and pictorial representations that a member publishes on the marketplace in any form or form (offer descriptions, ratings, entries in the context of the “Questions and Answers” function, etc.) or communicates in any other way via the marketplace shall not infringe any third party’s personal rights; in particular they may not be insulting, indecently, slanderous, bothering, offensively, denigrating, slighting, call-damaging among other things.
3.5 No advertising
Offers, texts and pictorial representations of a member on the marketplace in some kind and form (Offer descriptions, reviews, entries in the context of the “Questions and Answers” function, text for end emails, message to buyers, etc.) published or otherwise communicated via the marketplace, may not contain any form of advertisement for products which this member does not offer itself currently or in the immediate future via the marketplace.
3.6 Links and web addresses
The offers and content (including images) published on the marketplace must not contain any URL links or web addresses.
3.7 Use of content
The information that can be viewed in an offer about a service provider or other information that Job Lounges transmits in connection with any offers may only be used in connection with the corresponding offer; in particular, use for advertising purposes is prohibited. Furthermore, it is not permitted to use this information for sending newsletters or to pass it on to third parties.
3.8 No contract concluded outside the marketplace
Texts and pictorial representations that a member publishes on the marketplace in any form or form (offer, classified advertisement, valuation, within the framework of the “questions and answers function,” etc.) may not target or directly or indirectly request the conclusion of contracts outside the marketplace.
3.9 Truthful use of the evaluation system
The user is obliged to provide truthful information in the evaluations provided by him. The evaluations must be factual and must not contain any personal insults. It is not allowed to include advertising in a review (e.g. indication of a www address, etc.). Any unfair influence on one’s own or on other evaluation profiles or assessments as well as any misuse of the evaluation system are prohibited. It is also not permitted to provide personal user information in an evaluation. It is also not permitted to make misleading assessments or to manipulate the evaluation system for your own benefit. Job Lounges is entitled at any time and without inquiry, but not obliged to intervene exceptionally in the autonomous evaluation system and to delete and/or correct evaluations.
3.10 Prohibition of circumvention of the fee structure
It is forbidden to take actions that serve to circumvent the fee structure of Job Lounges.
4. Marketplace operation at Job Lounge
4.1 Inadmissible offers
Job Lounges is authorized to prohibit the provision of certain services on the marketplace at any time at its sole discretion and without giving reasons.
4.2 Published content, offers and bids; Categories
Job Lounges is authorized to delete individual offers, bids, text and images on the website at any time without any query and without stating reasons. This applies in particular to offers that have been placed in an incorrect marketplace category, obviously not serious bids and text or image material that could infringe the rights of third parties. No claims against Job Lounges can be derived from corresponding deletions. Job Lounges also has the right to rename, split, merge, cancel or reinstate offer categories at any time without prior notice and justification, and to move or delete current offers to another category accordingly.
4.3 Violations of the GTC by a member
Job Lounges is authorized to warn a member if there is credible, concrete evidence that this member has violated these Terms and Conditions. Job Lounges is, in particular, entitled to warn a member if there are credible, concrete indications that the member will wantonly comply with his contractual obligations towards injured another member. The right to exclude a member from membership remains reserved (see: Membership/Termination by Job Lounges)
4.4 Changes in the duration of the offer
Job Lounges is entitled, but not obliged, to extend or shorten the term of services, insofar as this appears necessary for the proper execution of the offer (see a
5. Obligations of the service provider
5.1 Power over the offered service
The seller may only offer services in respect of which he is entitled to dispose. This means, by name, without being limited to the fact that the Member is fully and unencumbered capable of transferring ownership and ownership to the Buyer and entitled to do so; that he is entitled to perform a service and that he is authorised to transfer a right.
5.2 No offering of prohibited services
It is forbidden to offer services whose offer, sale, purchase, supply or use could violate legal regulations or morality. Regardless of the entry of a service on the list, Job Lounges reserves the right at any time to delete offers and to guide the competent authorities or injured third parties.
5.3 Truthful and complete information about the Service
The service provider is obliged to provide truthful, non-misleading and non-unfair information about the service offered and to provide complete information about the details of the payment and delivery.
All defects of the product or packaging must be stated The service provider is obliged to publish its offer in a correct product category on the marketplace.
6. Relationship between service provider and customer
6.1 General information
Job Lounges does not guarantee that members will act according to the principles of good faith when trading via the marketplace. Job Lounges in particular does not guarantee that members will fulfil their existing contractual obligations with each other.
6.2 Offer History
6.2.1 Liability of the offer
As long as there is no bid, the service provider is entitled to delete his offer and thus withdraw. As soon as a bid is made, the service provider is bound to the offer.
6.2.2 Binding nature of the bid
By placing a bid, the bidder declares the purchase of the offered service under the conditions specified by the service provider or individually agreed with the service provider. The amendment or withdrawal of a bid is not permitted.
6.2.3 Conclusion of contract
With the purchase of a service, a binding contract between the service provider and the customer is concluded without further ado.
6.2.4 Content of the contract
a) Conditions of the service provider
The content of the concluded contract is determined by the description of its service provided by the service provider and by the conditions established by it, as they were apparent at the time of purchase on the offer website, as well as by possible agreements between the parties before the conclusion of the contract.
The Service Provider is obliged to grant the Buyer ownership and the unencumbered ownership of the goods by third parties in exchange for payment of the purchase price. Exclusions of liability in this respect are not permitted. Inadmissible and therefore not contractual content is an overwhelming of job lounge provisions fees by the service provider to the buyer. The purchase price is always inclusive of VAT.
b) Service description
The service description is the content of the contract, i.e. the service provider assures that his service has the described characteristics.
If certain information is not intended to constitute an assurance, the service provider must clearly and unambiguously state this.
6.2.5 Contract processing
a) General
Both contracting parties are obliged to fulfil their obligations under the sales contract in full and on time. Unlike in the EU countries, there is (yet) no right of withdrawal by the consumer in Switzerland.
The execution of the contract is a matter for the parties; the performance (execution) of the business depends on the respective contractual conditions. This applies in particular to the maturity of the individual contractual services (i.e. for the time from which the actual service is required and can also be executed by court). If the offer does not contain any rules and the parties have not agreed otherwise, the following points (b) -e) shall apply:
b) Communication
Each party shall inform the other within 2 calendar days from the conclusion of the contract of the information required by the other party in order to fulfil the contract.
If one party lacks information about the other party which is necessary for the performance of the contract, it is equally obliged within 2 days from the conclusion of the contract to inquire at least twice in this regard.
If these requests are unsuccessful, the requesting party is entitled to withdraw from the contract after 7 calendar days from the conclusion of the contract.
6.2.6 Withdrawal
If a member fails to perform his due performance despite being asked to do so, his contractual partner is entitled to withdraw from the contract and, in turn, to reclaim any services already rendered. This does not apply if the contractual partner himself has thwarted the provision.
7. Mobile devices
Job Lounges can allow its members to access Job Lounges website offers and content, as well as bid submission or contract conclusion by mobile devices. However, Job Lounges reserves the right to exclude certain contents, services and functionalities which are only available on the Job Lounges websites display.
Job Lounges has the right to technically edit, edit and adapt member offers and content so that they can also be displayed on mobile devices.
Members are aware that the presentation of offers on the mobile terminal may differ from that on the website. Nevertheless, the members remain bound to their bid submission or conclusion of a contract by means of mobile devices in the same way as if they had made the bid or concluded the contract via the website.
8. Disclaimers Job Lounge
8.1 General
Job Lounges is only liable for direct damages caused by a deliberate or grossly negligent own act of Job Lounges. Job Lounges’s liability for direct damage in the event of slight fault – regardless of the legal reason – is expressly excluded subject to mandatory statutory provisions. Job Lounges’s liability for indirect damages or for consequential damages – regardless of the legal reason – is completely and expressly excluded.
8.2 Technical faults, maintenance
Job Lounges is not liable for technical problems due to which offers or purchases are not accepted or processed late or incorrectly. In particular, Job Lounges does not guarantee the conformity of the system time with an officially defined time.
The Job Lounges website may be temporarily unavailable or limited due to maintenance or other reasons, without the user or the member having any claims against Job Lounges.
8.3 Content and offers
Job Lounges is not obliged to review the offers, reviews, and other information published by the members on the marketplace and in particular does not assume any responsibility for:
The truthful and otherwise correct design of offers the quality, safety, legality or availability of services/products offered the ability, authority and will of the individual member to offer, purchase, supply, Payment or other performance of the contract.
8.4 Members and third parties
Job Lounges is not liable in particular for damages caused to members or third parties by the behaviour of other members or third parties in connection with the use or abuse of the marketplace.
8.5 Linked websites
Job Lounges assumes no liability for the topicality, correctness, legality, completeness or quality of the content of websites that can be reached via links on the Job Lounges websites and excludes any liability in this context.
9. Exemption
If other members, users or third parties assert claims against Job Lounges for violation of their rights through offers or content published by a member or for the other use of the Job Lounges websites by members or users, thus, this member or user of Job Lounges indemnifies all claims and also covers the costs of legal defense of Job Lounges (including court and attorney fees).
10. Severability Clause
Should individual provisions of these GTC be void and/or invalid in whole or in part, the validity and/or validity of the remaining provisions or parts of such provisions shall remain unaffected.
The invalid and/or invalid provisions are replaced by those that come closest to the sense and purpose of the invalid and/or invalid provisions in a legally effective manner. The same applies to any gaps in the regulation.
11. Applicable law and jurisdiction
All disputes between Job Lounges and a member (current or former) are subject to Swiss law. Place of jurisdiction is Gontenschwil, Switzerland, subject to other statutory provisions.