TERMS AND CONDITIONS

PURPOSE AND CONTENT

Jubbr is a predominantly mobile, web-based platform for people whose daily work is to facilitate the enjoyment of others. Jubbr manages employment relationships (work assignments, personnel resources) in the catering, entertainment, hospitality and tourism industries (“Hospitality Sector”).
Jubbr is a “multi-sided platform” that provides an extensive range of functionalities on both the jobber and company sides. The main elements of Jubbr are:

  • Staff planning (availability, shift planning, shift information)
  • Assignment management (check-in, assignment monitoring, alerts)
  • HR management (master data, hourly billing, information centre, traditional and peer-to-peer assessments)
  • Recruiting of jobbers for short-term assignments from the Jubbr network

 

TERMS OF USE

DBy using the Jubbr.com website (“Service”) and any service offered by Jubbr.com, you agree to the following Terms of Use. Jubbr reserves the right to update and change the Terms of Use from time to time without prior notice. Any new functions that extend or enhance the current Service, including the publication of new tools and resources, are subject to the Terms of Use. Your continued use of the Service following such changes shall constitute your acceptance of these changes. You can view the current version of the Terms of Use at any time.

Any breach of any of the terms below will result in a termination of your user account. Although Jubbr prohibits improper conduct and the use of improper content, you hereby understand and accept that Jubbr cannot be held responsible for content published under the Service and that you may be exposed to such content regardless. You agree to use the Service at your own risk.

 

USER ACCOUNT TERMS AND CONDITIONS

  1. You must be a natural person. User accounts belonging to “bots” or other automated methods are not permitted.
  2. To complete the registration process, you must provide your full name, a valid email address and all other information requested.
  3. Your login data may only be used by one person – it is not permitted for login data to be shared by several persons. You can create separate login data for as many people as you want.
  4. You are responsible for the security of your user account and password. Jubbr does not accept any liability for loss or damage resulting from your failure to comply with this obligation.
  5. You are responsible for all content published and all activities occurring under your user account (even if the content has been published by others whose accounts are associated with your own).
  6. If you use a free user account, you are not permitted to use an ad blocker.
  7. You may not use the Service for illegal or unauthorised purposes. Your use of Service may not violate applicable laws in your jurisdiction (including but not limited to copyright laws).

 

API TERMS AND CONDITIONS

Customers can access their user account through an API (Application Program Interface). Any use of the API, including the use of the API by a third party product accessing the API, is subject to the terms of this Agreement, as well as the following specific conditions:

  1. You expressly agree that Jubbr will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from the use of the API or third-party products accessing data via the API. This is not limited to damages caused by loss of profit, loss of goodwill, use or data or other intangible losses (even though Jubbr has indicated the possibility of such damages).
  2. Misuse of or excessively frequent queries to Jubbr via the API may result in a temporary or permanent suspension of access to the API through your user account. Jubbr shall decide at its own discretion what constitutes misuse or excessive use of the API. Jubbr will make reasonable efforts to alert the user to a possible suspension via email.
  3. Jubbr reserves the right to temporarily or permanently change or discontinue your access to the API (or any part thereof) with or without prior notice.

 

CONDITIONS FOR PAYMENT, REFUNDS AND THE UPGRADING AND DOWNGRADING OF USER ACCOUNTS

  1. Each billing period will last for 30 days, beginning with the day the paid-for service is ordered.
  2. Our pay-for services include fees and taxes, which will be billed to you and must be paid by you.
  3. A valid credit card is required for paid-for user accounts. Free user accounts are not required to provide a credit card number.
  4. Upgrading from the free plan to any paid-for plan will end your free time on the Service.
  5. Payment for paid-for services will be due in advance at the beginning of your billing period. No pro-rata refunds or credits will be awarded for partial months or days of service usage; similarly, there will be no refunds for upgrades/downgrades and no credits or refunds for months during which the Service was not used despite an account being open. No exceptions shall be made to the principle of equal treatment.
  6. If you upgrade your plan, the credit card you have specified will be debited by the difference between the higher and lower plan for the period during which this upgrade was made. This new tariff will also be billed automatically starting from the next billing period.
  7. Your plan may be downgraded with effect from the next billing period. This new tariff will also be automatically billed from the next billing period.
  8. Downgrading your services may result in the loss of content, features, or services associated with your user account. Jubbr assumes no liability for such losses.

 

CANCELLATION AND TERMINATION

  1. You are solely responsible for the proper cancellation of your user account. A request to cancel your user account via email or telephone shall not be deemed to constitute cancellation. You can cancel your user account at any time by clicking on the “Account” link in the Settings menu, which can be reached via the navigation bar at the top of the screen. The menu offers a simple link to cancel your account without giving reasons.
  2. As soon as you cancel your account, all of your content will be removed from the Service immediately. As soon as your user account has been cancelled, this information cannot be restored.
  3. Jubbr has the right, at its sole discretion, to suspend or cancel your user account and to deny any existing or future use of the Service, or any other service provided by Jubbr, for any reason and at any time.

 

CHANGES TO SERVICES AND PRICES

  1. Jubbr reserves the right to temporarily or permanently change or discontinue the Service (or any part thereof) at any time and from time to time, with or without prior notice.
  2. The prices of all services, including but not limited to monthly subscriptions to services, may be modified with a period of 30 days. Such notification may be issued at any time via publication of the amendment on the Jubbr website (www.jubbr.com) or on the Service itself.
  3. Jubbr shall not be liable to you or any third party for any changes, price changes, suspensions or discontinuation of the services.

 

COPYRIGHT AND PROPERTY RIGHTS

  1. All content published on this Service must adhere to the copyright law of Switzerland.
  2. We do not claim any intellectual property rights over material published by you on this Service. Your profile and the materials you upload shall continue to be owned by you. However, if you set your pages to be publicly shared, you agree to allow others to view and share your content.
  3. Jubbr does not undertake a preliminary examination of content; however, Jubbr and its agents have the right (but not the duty) to refuse or remove any content that has been made available through the Service.

 

TRADEMARKS AND BLOCKING OF ACCOUNT NAMES

  1. We reserve the right to recover accounts or units contained therein on behalf of companies or individuals who hold legal claims to or trademarks for these names. User accounts that use trade names and / or logos to deceive others will be permanently blocked.
  2. You may not maintain misleading accounts containing names and units that are not in your legal possession.
  3. User accounts that have been inactive for more than 180 days may be removed without prior notice.

 

APPLICABLE LAW / COURT OF JURISDICTION

  1. This Service is subject to Swiss law.
  2. The exclusive place of jurisdiction is Zurich.

 

GENERAL TERMS AND CONDITIONS

    1. Your use of the Service is at your own risk. The service is provided “as seen”and “as available”.
    2. You understand that Jubbr uses third parties and hosting partners to provide the necessary hardware, software, networks, storage and other technology required to run the Service.
    3. It is prohibited to modify, adapt or hack the Service or to change any other website in order to falsely imply that it is connected with the Service, Jubbr or any other service provided by Jubbr.
    4. You agree not to reproduce, duplicate, copy, sell or otherwise use any parts of the Service, use of the Service or access to the Service without the express written permission of Jubbr.
    5. Jubbr can, but is not obligated to, remove content and user accounts whose content is, according to our sole discretion, unlawful, offensive, threatening, defamatory, pornographic, indecent or otherwise infringing on the intellectual property of a party or these Terms of Use.
    6. Verbal, physical, written or other mistreatment (including the threat of ill-treatment or retaliation) of any Jubbr customer, employee, member, or agent shall result in immediate termination of your user account.
    7. You understand that the technical processing and transmission of the Service, including your content, may occur in an unencrypted manner and involves:
      1. transmission over different networks; and
      2. changes in order to comply with and adapt to the technical requirements of connected networks and devices.
    8. You may not upload, publish, host or transmit unsolicited e-mail, SMS, or “spam”
    9. You may not transmit any worms, viruses or destructive code.
    10. Jubbr does not warrant that
      1. the Service will meet your specific requirements,
      2. the Service will be provided in a continuous, timely, safe or error-free fashion,
      3. the results obtained through the use of the Service will be accurate or reliable,
      4. the quality of any products, services, information or other material you purchase or acquire through this Service will meet your expectations, or that
      5. errors in the Service will be fixed.
    11. You expressly acknowledge and agree that Jubbr shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to loss of profit, loss of goodwill, use or data or other intangible losses (even where Jubbr has indicated the possibility of such damages) that have arisen from:
      1. use of or inability to use the Service;
      2. the cost of procuring replacement goods or services based on goods, data, information or services acquired or obtained through the Service, or messages or transactions received or conducted via the Service;
      3. unauthorised access to or modification of your transmissions or data;
      4. statements or behaviour of a third party within the Service;
      5. any other matter relating to the Service.
    12. Any waiving of rights or provisions by Jubbr in accordance with these Terms and Conditions shall not constitute a general waiver of these rights or provisions. These Terms and Conditions constitute the entire agreement between you and Jubbr. They govern your use of the Service and replace any prior agreements between you and Jubbr (including but not limited to prior versions of the Terms and Conditions).