License and Terms and Conditions CAREER of Experteer GmbH
- § 1 Preliminary provisions
- All subsequent provisions relate to the Internet project of Experteer GmbH, Munich, that is operated under different Internet domains belonging to Experteer GmbH (including www.experteer.de, www.experteer.at, www.experteer.ch, www.experteer.com, www.experteer.fr, www.experteer.be, www.experteer.it, www.experteer.co.uk) - hereinafter referred to as "Experteer CAREER".
- Experteer CAREER reserves the right to change, interrupt, or withdraw all or individual services temporarily or permanently at any time, and to communicate or not communicate this to the user. The user hereby consents that Experteer CAREER is not liable towards him or third parties for changes, interruptions, or the withdrawal of individual or all services.
- The Internet services will normally be available 24 hours a day, 7 days a week. Experteer CAREER endeavors to achieve the highest possible availability of the servers and thus the contents and saved messages, but is unable to guarantee this or commit to specific availability percentages.
- Experteer CAREER is unable to guarantee successful job placements during the contractual term. Experteer CAREER will only endeavor to provide a job placement service but not its success. Experteer CAREER is therefore not liable in situations where a successful job placement is not achieved during the contractual term.
- Every user must release Experteer CAREER from any liability and from all obligations, charges and claims resulting from libel, insult, violation of personal rights, failure to provide services for users, or damage to immaterial assets or other rights. Any costs incurred by the service or its managers, directors, employees, representatives and/or third parties in this regard for appropriate legal defense or action against the third parties will be at the user's expense.
- § 2 Copyrights
- Registration in accordance with § 1 (3) does not involve a transfer of property rights or rights of use, licenses or other software rights to the user. All rights to the software used, IDs, titles, brands, and copyrights as well as other commercial rights of Experteer CAREER remain with Experteer CAREER without restriction. All published work results and information are subject to Experteer CAREER's copyright. This only excludes published work results and information created by the user or a third party and taken over by Experteer CAREER without any changes to be published on the Internet.
- The user is solely responsible in terms of press law, competition law, and otherwise for the contents he has provided for publication. By registering, the user confirms that he has obtained all rights of use required for placement on the Internet by the owners of copyrights, ancillary copyrights, and other rights to the documents and data he has provided or that he is permitted to freely use them.
- § 3 Conclusion of the contract
- The user confirms vis-à-vis Experteer CAREER that he has reached the age of 18.
- Experteer CAREER is entitled to check the user's personal data based on suitable official documents. The user therefore promises to send to Experteer CAREER copies of official documents - the driver’s license, in particular - upon request.
- The contract is deemed to be concluded as soon as the user has successfully registered with Experteer CAREER.
- § 4 Costs
- Entering and changing a profile is free of charge. The user can also receive an unlimited quantity of responses to this advertisement for free and have limited access to the job database.
- If the user wishes to use the job database in full and without any restrictions or if the user wishes to respond to incoming messages, he will only be able to do so as a paying user (premium membership).
- The fees for the chargeable user status can be viewed here.
- If the user wishes to use a chargeable service, he will be made aware of the obligation to pay beforehand. The costs for the chargeable service and the form of payment will be explained.
- Objections to the costs debited or costs invoiced must be raised in writing by the user to Experteer CAREER no later than 14 days after the costs under dispute have been debited or the invoice under dispute has been received, and reasons for the objections must be provided. If the user does not raise any justified objections within this 14-day period, the costs debited or invoiced will be deemed to be accepted.
- § 5 Payment terms
- Payment of the charge mentioned in § 4 (3) must be made to Experteer CAREER in advance and without any deductions. The amount will be automatically debited from the user's account or transferred by the user. The payment interval upon conclusion of a premium membership depends on the term selected and may be 30 days or a multiple thereof.
- By registering and providing the relevant bank or credit card details, the user provides Experteer CAREER with a direct debit authorization or with an authorization to debit the user's credit card.
- § 6 Obligations of the users
- The content of the profile is the sole responsibility of the user.
- It is not permitted to store in the profiles any content of a sexual or pornographic nature, content that violates accepted moral standards, or any politically radical or other illegal content.
- It is not permitted to create profiles for third parties.
- It is not permitted to use profiles to commercially advertise for personal purposes or for third parties. This particularly applies to advertisements for other Internet offers or advertisements for chargeable service numbers.
- It is not permitted to create profiles in order to use the resulting e-mail responses for the purpose of collecting e-mail addresses for commercial use.
- The user has no legal claim to publication of his contents.
- Photos that are sent to Experteer CAREER in order to be published as part of the profile must be up-to-date and allow identification of the relevant user. The entire face must be visible. Experteer CAREER is not liable in any case for the violation of any existing third-party copyrights to the photos.
- The content of responses to profiles is the sole responsibility of the user.
- All users must treat as confidential e-mails and other messages or other data they receive in connection with using Experteer CAREER and they must not make these available to third parties without the originator's consent. The same applies for names, telephone and fax numbers, postal and e-mail addresses and/or other users' URLs. It is also not permitted to forward any non-user data.
- It is not permitted to store in responses any content of a sexual or pornographic nature, content that violates accepted moral standards, or any politically radical or other illegal content. It is also not permitted to threaten or disturb others, to violate the rights of others (including personal rights), or to promise or demand cash or cash-equivalent services.
- It is not permitted to use responses to commercially advertise for personal purposes or for third parties. This particularly applies to advertisements for other Internet offers or advertisements for chargeable service numbers.
- Experteer CAREER checks profiles in accordance with the options available for compliance with these usage terms. However, Experteer CAREER does not accept co-responsibility for the content of the profiles.
- § 7 Dissolution of the contract, termination
- The user is entitled to withdraw from the contract concluded at any time. The user is not entitled, however, to receive a refund for the fee paid to Experteer CAREER.
- If a user's access is blocked as a result of a contract violation, Experteer CAREER retains any unused credit on a pro-rata basis in accordance with the previous usage period plus a lump-sum processing fee of EUR 25 for preventing the contract violation.
- Any incorrect details in the profile made on purpose or with the intent of fraud may lead to civil law action. This causes the contract to be dissolved without delay without any reimbursement of the fee paid to Experteer CAREER.
- Following termination of the contract, Experteer CAREER will delete all data pertaining to the user.
- § 8 Liability limitations
- Termination of the current term can be completed at any time before the renewal of a new term in the premium user’s account, under ‘My Account’ through the link ‘To change your membership status, please click here’.
- Experteer CAREER does also not accept any liability if its Internet platform is disrupted, functionally impaired or destroyed due to force majeure, strike, lockout, operational disruptions or external structural damage.
- Experteer CAREER excludes any warranty for the functionality of the Internet platform and makes no assurances regarding the correctness, suitability, reliability, punctuality or accuracy of the information placed thereon. This particularly applies for the salary details and salary ranges detailed.
- Experteer CAREER is not liable in situations where unauthorized third parties obtain knowledge of personal user data (e.g. unauthorized access by "hackers" to the Experteer CAREER database).
- Experteer CAREER is also not liable in situations where third parties misuse details and information made available to them by the users themselves.
- Experteer CAREER does not accept responsibility for any delay, deletion, incorrect transfer or storage failure of communication between users or in connection with personally designed areas.
- § 9 Experteer Benchmark
- We try to provide a salary benchmark against the job advertisements on the Website as a guide to the level of salary in that industry segment. We calculate this salary benchmark using our own models which provide indicative results based on the target salaries of market leaders in the relevant industry segment.
- The salary benchmark does not state the actual remuneration paid for the position on offer or reflect the actual salaries offered or normally paid by any company offering that position.
- In addition to the reference to making available the amended text, the amendment notice must also include the reference to the opportunity to object and the period of objection, as well as the significance or consequences of not objecting. The amendment notice can be sent by e-mail to the e-mail address provided by the user.
- § 11 Other provisions
- All content of Experteer CAREER is protected by copyright. It is not permitted to copy or otherwise publish content which includes, in particular, user profiles and e-mail addresses, unless Experteer CAREER has authorized this in writing.
- Experteer CAREER is not liable for damage to computer systems or personal annoyances or damage to users of Experteer CAREER that is attributable to viewing and using Experteer CAREER, responding to a profile, a fault of Experteer CAREER's Internet or hosting provider or to calling up external links (includes advertising banners).
- Experteer CAREER may exclude users from further using individual or all offers of Experteer CAREER or rejecting individual profiles without notice and without having to provide a reason.
- If an excluded user continues to use Experteer CAREER's Internet offer - e.g. by assuming a different identity - Experteer CAREER reserves the right to take legal action.
- The operation of Experteer CAREER is at the sole discretion of Experteer CAREER. Experteer CAREER is entitled but not obligated to check the content of any text and any photo entered in relation to the guidelines underlying these provisions and, if necessary, to amend or delete it.
- The contractual relations between the Parties are subject to German law.
- The sole place of jurisdiction is Munich, Federal Republic of Germany.
- § 12 Severability
§ 13 Notification of cancellation / Right of cancellation
You have the right to cancel this contract within fourteen days, without citing a reason.
This period of fourteen days starts from the day when the contract was first created.
To exercise your right of cancellation, you must send us a clear cancellation notice (by mail, fax or e-mail) to inform us that you wish to terminate this contract.
You may use the cancellation form template attached; however, this is not mandatory.
Cancellation must be sent to:
work Lenbachplatz 3
+49 (0)89 - 55 27 93 - 101
E-mail address: firstname.lastname@example.org
Sending the cancellation off in time shall be deemed to be complying with the cancellation period.
The right of cancellation does not apply to renewals of membership per § 8.
Consequences of cancellation:
In the event of effective cancellation, we will proceed with returning any payments we received from you, latest in fourteen days from the time we get your cancellation of contract. For this repayment we shall use the same payment method you made use of in the original transaction; no extra charges shall be incurred.
End of revocation notice
Munich, May 22, 2018