Please read this page carefully. If you do not accept the “Terms of Use” stated here, do not use the Web Site and the services.

1.0 TERMS OF USE

This page states the "Terms of Use" under which you may use KELZEN.COM.

By using KELZEN.COM, you are indicating your agreement to these Terms of Use, including the KELZEN Privacy Statement.

The terms “we” and “KELZEN.COM” as used herein refer to Mag.(FH) Sandra Wiesinger, 9500 Villach, Austria, running kelzen.com, companycheck.org, companycheck.net in following called “web pages”

The terms "you" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

The “Terms of Use” are also valid even when using the web site outside Austria.

1.1 MODIFICATION OF “TERMS OF USE”

By using KELZEN.COM you are indicating your acceptance to be bound by the provisions of these Terms of Use. KELZEN.COM may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding to you.

2.0 DESCRIPTION OF SERVICE

2.1 WEBPAGE CONTENT

KELZEN.COM is an on-line service to submit and search employer reviews to share information about working conditions.

In particular employer information reviews from employees or former employees of the reviewed employer are published.

Any user may obtain this and any other information which is directly available on these pages free of charge (apart from paying for services that allow/provide a connection and line to the internet and further provisions). He also may upload reviews/ratings/comments/statements/ recommendations concerning his own employment, especially ratings of employers (in the following also as “reports”).

2.2 GUIDELINES HOW TO DEAL WITH POSTED INFORMATION

Reviews and related content that are published on these web pages, originate from third parties. It has to be taken into consideration, that reports solely represent the opinion of the respective third party/user. Such reviews are “snapshots”. If some time has passed since the posting/transmit/upload of a review it also has to be borne in mind that things might have changed (tremendously). The greater the number of reviews that are available for a employer, the more objective, reliable and expressive the overall report will tend to be.

The content of a review highly depends on the position of a reviewer, his/her direct superior or his/her immediate teams. It should be taken into consideration that every reviewer may think of work conditions such as good management, career opportunities and good infrastructure, in a very different way. Concerning diverse countries it has to be taken into account that foreign employers will often have different standards to those of others, such as European employers.

2.3 DATA PROTECTION (ANONYMITY)

KELZEN.COM ensures every user that all information will be anonymous (you can use a nickname of your choice), except where it is the users intention not be anonymous.

Please click here to see our privacy policy

3.0 USER CONDUCT

3.1 REGISTRATION

Basically every user can search for information free of charge and without any registration.

Participation on reviewing employers is also free of charge. However, registration is necessary and personal data submitted must be truthful and unambiguous.

3.2 ELIGIBILITY

Users must be 18 years of age or older to visit or use KELZEN.COM. By visiting KELZEN.COM or accepting these “Terms of Use”, you represent and warrant to KELZEN.COM that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these “Terms of Use”. You also represent and warrant to KELZEN.COM that you will use KELZEN.COM in a manner consistent with any and all applicable laws and regulations.

When it is necessary to provide personal data any user is assuring that it is accurate, true, current and complete. It is not necessary to give personal data on these web pages for being able to use them, except for maintaining an account with “MyKelzen”.

Any user is fully responsible for all activities that happen under his account and/or password. Any user agrees to promptly notify KELZEN.COM in case of unauthorized use of his account and/or password. KELZEN.COM is not liable for damages which result from non-compliance with this section.

Any user shall not transmit, upload, post or otherwise make available via these web pages any texts (in the following “content”) that:

·          is intentionally or grossly negligent untrue

·          is threatening, offensive, defamatory, obscene, vulgar, sexually explicit or otherwise objectionable

·          is racial, discriminating, harassing, harmful, invasive of another’s privacy

·          is anti-constitutional, incitement of the masses

·          is relevant under any applicable criminal law

·          is exploitation of a minor

·          violates/infringes proprietary rights such as for example copyright, patent and trademark, contains links or similar entities,

·          contains viruses, worms, Trojan horses or other data arrangements which are capable of limiting, destroying, disrupting or otherwise negatively influencing or changing the normal/intended functionality of software and any equipment permanently or temporarily connected to the internet

Should any user violates these or the following terms of service KELZEN.COM is entitled to delete, modify or add content without prior or later notice. Illegal content will be deleted immediately.

Any user understands that any content originating from him is his sole responsibility.

3.3. ADDITIONAL SPECIAL ELIGIBILITY

Any effort to disrupt, destroy, limit or otherwise negatively influence or modify the intended functionality of these web pages is forbidden. It is particularly forbidden to bypass security functions or to modify equipment permanently or temporarily connected to the internet or software in order to disrupt, modify or negatively influence these web pages.

Furthermore the user consents to:

·          describe employers as accurately as possible, in particular to add all parts of the name and further information necessary for identification, especially concerning corporate groups.

·          only rate an employer if he has been employed by the employer

·          not review/comment in case the user is owner of the respective organization/company or connected to it in any other similar way, for example if he is a relative of the mentioned group.

·          not give false or misleading ratings or false statements concerning present people which could have an effect on the decision of other people willing to get employed under the rated company.

·          give negative as well as positive reviews within the framework of freedom of speech mainly for the purpose of informing other people who are willing be employed at the respective company.

·          not openly promote or make masked/subliminal advertising for products, services and/or other companies/firms or make any form of solicitation

·          rate, comment and report pursuant to the best of one’s knowledge

·          not name other people

·          not add links to other web pages unless expressly agreed with KELZEN.COM

·          not collect/assemble and /or publish other users` personal data and further information/content

·          to send spam and/or any sort of commercial content - it is expressly prohibited and legal action will be taken.

3.4 RIGHT OF USE

By uploading, posting or transmitting content the user transfers free of charge a right of use to KELZEN.COM, particularly the right to reproduce, distribute, modify and publicly make available. The user guarantees that he is the owner/holder of any proprietary right necessary to do so. Any user shall not transmit, upload, post or otherwise make available via these web pages any content that he does not have the right to make available under any applicable law or any contractual relationship.

By uploading, posting or transmitting content the user gives his consent to being moved to different categories for useful arrangement. He also agrees that content may be monitored and/or partly modified, added and/or deleted. KELZEN.COM is not obliged to publish content uploaded, posted, transmitted or otherwise made available by any user, except if stipulated by law or court decision.

4.0 LIABILITY

KELZEN.COM does not guarantee/warrant for completeness, updating, correctness or further quality of available content. This content is only presented for your convenience, even though it has been assembled in (to) best knowledge.

Any user has to be aware of the fact that content is subject to changes at any time. Consequently any user should get in touch with authorities and further institutions which may be able to guarantee the information. This applies in particular to necessities concerning changes in management or ownership structure.

KELZEN.COM also draws attention to the fact that publishing of user content, for example reviews, on these web pages does not represent a statement or recommendation/rating of KELZEN.COM. In particular viewing of such content by any user or the publishing itself does not represent any advice or consultation. By using these web pages and content any user is consenting to use it at his own risk. This is particularly valid for your decisions and/or recommendations to work for a specific employers based on information published at one of KELZEN.COM.

KELZEN.COM does not guarantee/warrant for correctness, completeness, updating or further quality of reviews and related content originating from users. Published content is neither monitored nor approved by KELZEN.COM; the relevant content/communication is public communication. KELZEN.COM is not liable for content/damage resulting from such content.

KELZEN.COM does not guarantee for content which results from wrong allocation of companies, places, cities, countries etc.

In case of wrong allocation please contact us immediately at:

KELZEN.COM reserves the right to modify, add and/or delete provided content originating from KELZEN.COM pages without prior or any notice at all, for any or no reason. Furthermore KELZEN.COM does not guarantee uninterrupted availability of any content and these web pages. Any content and these web pages are provided on “as they are” terms. KELZEN.COM is not liable for any modification, suspension or termination of any service available on these web pages.

KELZEN.COM expressly reserves the right to block, modify, add and/or delete parts/content of pages, pages or the websites and/or to cease publishing temporarily or permanently.

Any user has to ensure that his IT-System/PC and further data processing units provide the necessary features for using these web pages. These web pages have been optimized for Mozilla Firefox and Internet Explorer version 05 and up to the current version.

Moreover KELZEN.COM does neither guarantee nor warrant for these web pages being free of viruses, worms, Trojan horses or other data arrangements/codes which could have a destructive, vitiating, disruptive or other/further not intended/negative influence. Any user is solely responsible for any damage resulting from downloading or viewing data available on these web pages. Any user has to make sure he sufficiently protects relevant IT-System/PC and further data processing units.

To the extent to which possible KELZEN.COM excludes any liability concerning damages – except concerning intentional causation of damages - , that result from usage or non-usage of these web pages and any content, especially information. This does not apply to personal injury. Furthermore in several jurisdictions the exclusion/limitation of liability might be limited by law. In that case KELZEN.COM limits its liability to the farthest possible extent.

KELZEN.COM limits its liability at least to grossly negligent and intentional/premeditative causation of damages. Concerning such damages KELZEN.COM shall only be liable for direct and predictable damages, particularly excluding any liability for loss of profits and goodwill.

Less liability, exclusion of liability and statute of limitations in national law and international agreements is reserved.

5.0 TRADEMARKS, INTELLECTUAL PROPERTY, COPYRIGHTS

Any content published on these web pages (for example software, products, Trademarks such as logos etc., information, reports, pictures and graphics) is protected by national, and international laws and international agreements. Any kind of copying/duplication, distribution and further, in particular commercial use, making available to the public, modification, adding and/or deletion is prohibited, including the integration of any content on external web pages for example via/through interlinks, deep links or frames.

Any user may apply for the right to use content originating from KELZEN.COM:

Only a single copy of content for your personal, non-commercial use is allowed, provided that the source is identifiable, for example via reference. In case you suspect a violation of your industrial and further proprietary rights via/through any content available on these web pages please contact us as soon as possible:  

We will try to produce relief as fast as possible. It does neither meet our expressed nor presumptive interest authorizing a lawyer for a dissuasion/reminder with costs.

6.0 INDEMNIFICATION

Any user commits himself to indemnify KELZEN.COM, its partners and employees from any claims/demands even on first/immediate demand, including appropriate and respectively legally determined costs that originate from illegal, not as specified, abusive or/and incorrect use of these web pages and any content, especially upload, transmission, posting or making available of content or data. Any user supports KELZEN.COM concerning defense of such claims/demands, particularly by providing all necessary information/material for doing so. Any user is obligated to pay damages which result in enforcement of such claims/demands through third parties.

7.0 GOVERNING LAW AND FORUM

These “Terms of Use” and the relationship between any user and KELZEN.COM established through use of these web pages shall be governed by the laws of Austria, Europe. This does not apply in case of a conflict with Austrian or internationally compelling laws for consumer protection or international agreements.

Any user and KELZEN.COM agree to submit to the exclusive jurisdiction of the courts located within the county of Austria in case the user is a trader, does not have a general forum in Austria, has changed his place of residence or place of main presence to another country than Austria after conclusion of contract or whose place of residence or place of main presence is unknown at the moment of filing of action. This also applies to passive lawsuits. This does not apply in case international agreements, Austrian or internationally compelling laws for consumer protection provide something different.

8.0 FURTHER NOTICE

In the event that part of these “Terms of Use” do not correspond to valid laws, the other parts stay untouched in their validity and invalid parts shall be replaced by such which comply with valid laws. The section titles are only provided for your convenience and do not have any legal effect. This translation is also only provided for your convenience. In case of doubt the Austrian conditions shall be applicable.