HAYS TRAINING PLATFORM TERMS OF USE
WHO WE ARE AND HOW TO CONACT US
This digital platform (the "Platform"), the related services (such as online training courses, and any of the other services or functionality described in the Privacy Policy and the content we provide to you through it (the "Service") is operated by Hays AG, Willy-Brandt-Platz 1-3, 68161 Mannheim ("we", "us", "our").
By using the Platform, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use the Platform. We recommend that you print a copy of these terms for future reference.
If you think the Platform or the Services are faulty or wish to contact us for any other reason, please email our customer service team at Hayslearning@hays.at.
YOUR PRIVACY
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data and how to exercise them. This information is provided in the Privacy Policy and it is important that you read that information.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Platform or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. Every time you wish to use the Platform, please check these terms to ensure you understand the terms that apply at that time.
CHANGES TO THE PLATFORM
From time to time we may update the Platform to reflect changes to the Service, our users' needs, our business priorities, to enhance functionality, or to address security issues. We will try to give you reasonable notice of any major changes.
We do not guarantee that the Platform or Services will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Platform and the Service subject to reasonable notice which will not exceed 30 days notice.
You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
ACCOUNT OR LOG-IN DETAILS
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at Hayslearning@hays.at.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES
The Platform or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
USE RESTRICTIONS
General Use Restrictions
You must:
- not use the Platform or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example by hacking into or inserting malicious code, such as viruses or harmful data, into the Platform, any Service or any operating system;
- not use the Platform or any Service to bully, insult, intimidate or humiliate any person;
- not use the Platform or any Service to transmit or publish any unsolicited or unauthorised advertising or promotional material;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Platform or any Service, including by the submission of any content or material (to the extent that such use is not licensed by these terms);
- not transmit or submit to the Service any content or material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform or any Service, or which does not comply with our content standards;
- not use the Platform or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Content Standards
These Content Standards apply to any and all content and material which you contribute to any Service ("Contribution"), and to any interactive Services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in our discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
- be accurate (where it states facts);
- be genuinely held (where it states opinions); and
- comply with the law applicable in Germany and in any country from which it is posted.
A Contribution must not:
- be defamatory of any person;
- be obscene, offensive, hateful or inflammatory;
- bully, insult, intimidate or humiliate;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be in contempt of court;
- be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- impersonate any person, or misrepresent your identity or affiliation with any person;
- give the impression that the Contribution emanates from [NAME OF COMPANY], if this is not the case;
- advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
- contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
- contain any advertising or promote any services or web links to other sites. If you wish to complain about content uploaded by other users, please contact us at Hayslearning@hays.at.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Platform and the Services throughout the world belong to us (or our licensors) and the rights in the Platform and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Platform or the Services other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are not liable for business losses. The Platform is for domestic and private use only. If you use the Platform for any commercial, business or resale purpose we will have no liability to you.
Limitations to the Platform and the Services. The Platform and the Service are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from any action on the basis of information obtained from the Platform or the Service. Although we make reasonable efforts to update the information provided by the Platform and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the Platform. We recommend that you back up any content and data used in connection with the Platform, to protect yourself in case of problems with the Platform or the Service.
Check that the Platform and the Services are suitable for you. The Platform and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Platform and the Service (as described on the relevant app store site) meet your requirements.
We are not responsible for events outside our control.. If our provision of the Service or support for the Platform or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us.
We are not responsible for viruses and you must not introduce them. We do not guarantee that the Platform and Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Platform and Services. You should use your own virus protection software.
LIABILITY
We shall be liable for deliberate acts and gross negligence as well as for the infringement of essential contractual obligations, the performance of which facilitates the proper implementation of the Contract and upon the adherence to which you may regularly rely (hereinafter: “Cardinal Obligation”).
In cases of a slightly negligent infringement of a Cardinal Obligation, the liability of us is limited to an amount of 500.000 EUR, per event of damage unless twice the value of the assignment (total at the commencement of the instruction) exceeds 500.000 EUR. In this case, we are liable up to the amount of twice the assignment value. In cases of the slightly negligent infringement of contractual obligations which are not Cardinal Obligations, we are not liable.
To the extent that the liability of us is limited or excluded, this shall also apply to the liability of employees, representatives or vicarious agents of us.
The above limitations and exclusions of liability are not applicable to injury to life, body, health, fraudulent concealment of defects, liability under the Product Liability Act and upon the assumption of a guarantee or a procurement risk.
RULES ABOUT LINKING TO THE PLATFORM
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Platform in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the Content Standards set out above.
If you wish to link to or make any use of content on the Platform other than that set out above, please contact us at Hayslearning@hays.at.
UNSER RECHT ZUR ÜBERTRAGUNG DIESER VEREINBARUNG AUF EINEN ANDEREN
Mit Akzeptanz dieser Bedingungen geben Sie uns das Recht, unsere Rechte und Pflichten gemäß diesen Bedingungen auf einen anderen zu übertragen. Wir werden Sie immer schriftlich informieren, wenn dies geschieht, und wir werden sicherstellen, dass die Übertragung Ihre Rechte aus dem Vertrag nicht beeinträchtigt.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. By acceptance of this TERMS OF USE, you are giving this right to us. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by German law and you can bring legal proceedings in respect of the Platform and the Service in the German courts. |
