Terms of Use

1. Scope of application

1.1 The following General Terms and Conditions (hereinafter "GTC") apply to the range of services operated by Jobversal GbR. Dülkenstrasse 9, 51143 Cologne, (hereinafter "Jobversal"), which is provided under the domain www. jobversal.de, www.jobversal.com (hereinafter "Platform") and in the Jobversal applicant management system (hereinafter "Tool"; Platform and Tool hereinafter jointly "Software").

1.2 The data protection declaration (available at: https://www. jobversal.de/datenschutz) also applies.

1.3 The version of the GTC valid at the time of conclusion of the contract shall apply.

 

2. Subject matter of the contract

2.1 Jobversal offers entrepreneurs, legal entities and partnerships who have registered in accordance with section 3 the opportunity to post job applications (hereinafter "job applications") on the platform and in the tool and to search for applicants there (hereinafter "companies") within the framework of the provisions of these GTC. Jobversal also offers natural persons who are not acting for the purpose of their commercial or self-employed professional activity, so-called consumers, (hereinafter "users") the opportunity to post and publish applications (hereinafter "applications") on the platform within the scope of the provisions of these GTC. In addition, Jobversal offers companies and registered users the possibility of automatically matching open job applications and posted applications on the platform.

2.2 The use of the platform and the tool for companies is explained in more detail in section B of these GTC and is subject to a fee (see provision in section B).

2.3 Jobversal itself does not offer any application positions or applications, but makes the platform available to users and companies and acts as an intermediary between users and companies. Jobversal is neither involved in the recruitment process of the job vacancies or applications nor in the implementation of the application process. Jobversal does not become a party to the contract of employment that may be concluded between the company and the user. Jobversal also has no influence on the selection of users by the company. Users therefore have no claim against Jobversal to the conclusion of an employment contract or participation in an application process with a company. Furthermore, the content published on the platform or in the tool by users and companies is generally not checked by Jobversal and does not represent any information or opinions of Jobversal.

 

3. Registration and its requirements, conclusion of the contract of use

3.1 The full use of the platform, also within the scope of the licence agreement pursuant to clause 13, requires registration and the creation of a user account (hereinafter "Account").

3.2 Registration as a company is only possible using the electronic form provided on the platform (hereinafter "registration form"). To register, the Company must complete the registration form in full, stating its full name, a valid e-mail address and creating a password, and submit it by clicking on the button ["Register now for free"]. Before submitting the registration form, the company may check all the data previously entered by it once again and, if necessary, correct it by entering other data or delete the data entered in the respective input field.

3.3.Registration is only possible if a. the Company consents to the application of these GTC; and b. has agreed to the privacy policy. The registration form can therefore only be sent if the company has declared the aforementioned consent by placing a tick in the box provided for this purpose in each case.

3.4 Registration as a company is only reserved for entrepreneurs, legal entities and partnerships and may only be undertaken by a person authorised to represent the company, who must be named as part of the registration process.

3.5 Each company may only register once. One account must be created per company. An account is not transferable.

3.6 After submitting the registration form, the company will receive an automatic e-mail from Jobversal with a confirmation link (hereinafter "registration confirmation"). With the registration confirmation, the company also receives further information in text form, if applicable. The registration confirmation represents Jobversal's legally binding offer to conclude a contract of use in accordance with these GTC. The company can accept this offer by clicking on the confirmation link and logging onto the platform for the first time. This concludes the contract of use (hereinafter "contract of use") between the company and Jobversal.

3.7 In order to use the software, the company must complete further information on the platform after being requested to do so; this information can be found in detail in the respective input forms.

3.8 The company is obliged to provide truthful and complete information on the information requested during registration and in other respects within the scope of registration and use of the software. Changes to the contact data (in particular the e-mail address used during registration) as well as the company's other data must be communicated to Jobversal immediately and without being requested to do so. The notification can be made by updating the corresponding details in the account. If this is not possible, the updated details can be sent to Jobversal by e-mail to unternehmen@jobversal.de.

3.9 Jobversal reserves the right to demand further information from the company or information that deviates from the provisions of this section 2.3 during registration or use of the platform as well as evidence for the purpose of verifying the information provided by a company, insofar as this is required for legal reasons. The same applies if there are justified doubts about the completeness or correctness of the information provided by the company.

3.10. There is no entitlement to the conclusion of a user contract. Jobversal reserves the right to refuse registration without giving reasons.

 

4. Secrecy of access data

4.1 The company is obliged to keep the login data, passwords, etc. secret and not to pass on its access data to unauthorised third parties and to log out after each session. Declarations and actions made or committed after a login with the password and the e-mail address of the company can be attributed to the company even if it has no knowledge of them. Attribution occurs in particular if the company intentionally or negligently provides third parties with access to the password or the account. The company must inform Jobversal immediately as soon as it becomes aware that unauthorised third parties have access to and are aware of the access data.

4.2 In the event of a justified suspicion that access data has become known to unauthorised third parties, Jobversal is entitled but not obliged, for security reasons, to independently change the access data without prior notice or to block the use of the account at its own discretion. Jobversal will inform the company of this immediately and provide new access data upon request within a reasonable period of time. The company has no claim to the original access data being restored.

 

5. Account use, sanctions and account blocking

5.1 Jobversal is entitled to irretrievably delete content that violates the GTC, that violates the applicable rules of politeness, etiquette, objectivity and respectful interaction or that is otherwise offensive and/or improper. In this respect, the company has no claim to reinstatement of already deleted content.

5.2 If the company violates the General Terms and Conditions or legal regulations, Jobversal may

a. Modify or delete the contents of the company

b. Warn company

c. Delete or temporarily deactivate application posts

d. Restrict the use of the platform for, in particular, temporarily or permanently exclude a company from access to the platform or individual functions.

e. Terminate the contract of use without notice

f. Restrict the account for a limited period of time or block it permanently

g. Issue a prohibition to the company to register again under its or another name after the deletion of its account.

Jobversal may impose these sanctions without prior notice and without consulting the company, even against its express will. Jobversal will inform the company of the relevant sanctions by e-mail.

5.3 Jobversal may definitively exclude a company from using the platform (definitive blocking) if it in particular

a. provided incorrect data or failed to update the data as required

b. transfers his account without authorisation or

c. significantly harms other users/companies or Jobversal, in particular misuses Jobversal services.

A permanent ban is also possible if there is another important reason.

5.4 Once a company has been suspended, there is no right to have the suspended account restored. Once a company has been suspended, it is not allowed to register with another account.

 

6. Granting of rights of use

6.1 The company grants Jobversal the simple, spatially and temporally unlimited, worldwide, transferable and sub-licensable right of use to all content (e.g. logos, images, videos, texts) posted by it on the platform (hereinafter "content"). This includes in particular the right to reproduce, use, operate, copy, publicly present or display, distribute, modify, translate and create derivative versions as well as the right to edit. Jobversal is in particular entitled to technically edit, prepare and adapt the content in such a way that it can also be displayed on mobile reception devices or in software applications of third parties.

6.2 The granting of the rights of use ends if the company deletes its content or account; unless the content has been shared with other users/companies and these have not deleted the content.

6.3 The company guarantees that it is the owner of the transferred rights and that it is possible for it to effectively grant the rights referred to in clause 6.1. The Company also guarantees that the content created or uploaded by it does not infringe any third-party rights, in particular trademark, competition, copyright, property or personal rights.

 

7. Availability of the platform

Jobversal offers the platform subject to availability. Jobversal endeavours to keep the platform accessible at all times. Due to maintenance work, further development or disruptions, the possibilities of use may be restricted or temporarily interrupted. This may also result in data loss under certain circumstances.

 

8. Term and termination of the contract of use

8.1 The contract of use is concluded for an indefinite period.

8.2 Jobversal or the Company may terminate the licence agreement, subject to the following sentence, with 14 days' notice to the end of the month. However, if the user has concluded a licence agreement in accordance with clause 13 prior to termination, the termination shall not take effect until the licence agreement has been fully executed, cancelled, terminated or otherwise terminated. An e-mail to kuendigung@jobversal.de, written notification to Jobversal or deletion of the user account on the platform shall suffice for the declaration of termination. In the event of termination, the account shall be maintained for as long as is necessary for the execution of the licence agreement.

8.3 The right to terminate for good cause remains unaffected.

 

9. Limitations of liability of Jobversal

9.1 Subject to the further provisions of this clause 9, Jobversal shall only be liable if and insofar as Jobversal, its legal representatives, executives, employees or other vicarious agents are guilty of intent or gross negligence. However, in the event of default on the part of Jobversal or the impossibility of service provision for which Jobversal is responsible, as well as in the event of a breach of essential contractual obligations (so-called cardinal obligations), Jobversal is liable for any culpable conduct on its part or that of its legal representatives, executives, employees or other vicarious agents. Essential contractual obligations are defined in the abstract as obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the company may regularly rely.

9.2 Except in the case of intent or gross negligence on the part of Jobversal, its legal representatives, executives, employees or other vicarious agents, the liability of Jobversal is limited to the amount of damage typically foreseeable at the time the contract was concluded.

9.3 The exclusions and limitations of liability regulated in the above clauses 9.1 and 9.2 do not apply in the event of the assumption of express guarantees, in the event of claims due to the lack of warranted characteristics and for damages from injury to life, limb or health and in the event of mandatory statutory regulations. Furthermore, the limitations of liability regulated in clause 9.2 do not apply in the event of default on the part of Jobversal for claims to interest on arrears, to the lump sum for default pursuant to Section 288 (5) of the German Civil Code (Bürgerliches Gesetzbuch - BGB) and to compensation for the damage caused by default, which is justified in the costs of legal action.

9.4 Claims under the Product Liability Act shall remain unaffected by the provisions of this clause 9.

 

10. Exemption

The company shall indemnify Jobversal against all claims of third parties, in particular claims due to copyright and personal rights violations, which should be raised against Jobversal in connection with the exercise of the contractual rights, upon first request. The company is also obliged to defend against unfounded claims by third parties with regard to the aforementioned rights. The company must inform Jobversal immediately of any impairments of the contractual rights that become known to it. Jobversal is entitled to take suitable measures itself to defend against claims by third parties or to pursue its rights. The company must coordinate its own measures with Jobversal in advance. The indemnification also includes reimbursement of the costs incurred or incurred by Jobversal as a result of legal prosecution/defence. Further claims for damages by Jobversal remain unaffected by this.

Insofar as Jobversal itself is responsible for the infringement, claims against the company are excluded.

 

11. Additional conditions for job seekers

When you register on the Platform, you will be asked to create an account and provide Jobversal with certain information, including but not limited to a valid email address (your "Information"). All profiles you submit must be accurate.

You are solely responsible for the form, content and accuracy of your CVs on the Platform or for any material you include therein.

Jobversal reserves the right to offer you third-party services and products. These are based on the preferences you indicate when registering or at any time thereafter, or on your declaration of consent to receive offers from Jobversal or third-party providers.

You have no ownership rights to your account. If you cancel your Jobversal account or your Jobversal account is terminated, all of your Jobversal account information including profile, resumes, cover letters, saved jobs and questionnaires will be marked as deleted and may be deleted from Jobversal's database and removed from the public area of the platform. The information may still be available for a certain period of time due to delays in the propagation of this deletion action on Jobversal's web servers.

Jobversal reserves the right to delete your account and all your information if it has been inactive for an extended period of time.

11.1 User content and submitted data

All information, data, text, software, music, sound, photographs, graphics, videos, advertisements, messages and other materials submitted, published or displayed by you or through the Platform ("User Content") are the sole responsibility of the creator of such User Content. Jobversal does not claim ownership or control of any User Content.

You or a third party licensee remain the owner of all patents, trademarks and copyrights in User Content that you publish or display on or through the Platform. You are responsible for the appropriate protection of those rights.

Jobversal does not guarantee the truthfulness, accuracy or reliability of User Content, work derived from User Content or other communications posted by users. Jobversal also does not endorse any opinions expressed by users.

The following is a partial list of unacceptable User Content for use on the Platform. The list below is for illustrative purposes only and is not the complete list of all prohibited User Content.

Contents that:

  • Are implicitly or explicitly offensive, such as User Content that engages in, advocates or promotes racism, bigotry, discrimination, hatred or physical harm against any group or individual.
  • Harass, incite harassment or advocate harassment of any group or individual.
  • Associated with the transmission of ""junk mail", "chain letters" or unsolicited "mass mailings", "spamming" or "phishing".
  • Promote or advocate false or misleading information or illegal activities or abusive, threatening, obscene, defamatory or offensive conduct.
  • Promote or advocate illegal or unauthorised copying of another's copyrighted work, such as offering or making available pirated computer programs or links to them, offering or making available information that enables circumvention of manufacturer-installed copy protection devices, offering or making available pirated music or other media, or links to pirated music or other media files.
  • Contain restricted or password-protected pages, or hidden pages or images.
  • Present or link to pornographic, immoral or sexually explicit material in any form.
  • Offers, or links to, material that exploits persons under the age of 18 in a sexual, violent or otherwise exploitative manner, or solicits personal information about persons under the age of 18; or
  • Instructive information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating another person's privacy, offering or creating computer viruses, or media piracy; and
  • Request passwords or personal identification information from other users.
  • Any profile you create must describe you as an individual person. Examples of inappropriate and unacceptable profiles include, but are not limited to, profiles that appear to depict an animal, a place, an inanimate object, a fictional character or a true individual other than yourself.

 

12 Exclusion of foreign GTC, language, applicable law, place of jurisdiction, place of performance

12.1 The validity of general contractual or business conditions of the company is expressly excluded. This also applies if Jobversal has not expressly objected to the company's conditions and/or provides services without objection.

12.2 Registration and all contractual agreements between the company and Jobversal are made exclusively in German. The contractual language is German.

12.3 These GTC and the contract of use regulated therein shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

12.4 If the user is a merchant within the meaning of commercial law, a legal entity under public law or a special fund under public law, then the registered office of Jobversal is the exclusive place of jurisdiction for all legal disputes arising from or in connection with the GTC. Otherwise, the statutory places of jurisdiction shall apply.

12.5 The place of performance for entrepreneurs within the meaning of Section 14 (1) of the German Civil Code (BGB) is the registered office of Jobversal.

 

13 Amendment of these GTC

Amendments to these GTC must be made in text form. There are no ancillary agreements.

 

14 Subject Matter of the Licence Agreement

The use of the platform with its complete functionality and the tool requires a separate licence agreement (hereinafter "Licence Agreement"). The subject matter of this licence agreement is the provision of the software for use in accordance with the scope presented on the platform, together with the corresponding granting of rights of use to the software as well as the provision of storage space for the data generated by the company through use of the software and/or the data required for use of the software (hereinafter "application data") by Jobversal against payment of the agreed fee.

 

15 Conclusion of Contract, Delivery of the Software

15.1 The Company chooses one of the licence offers presented on the Platform in type and scope (hereinafter "Licence").

15.2 The presentation of the offers on the Platform does not constitute a legally binding offer, but only a non-binding invitation to the Company to make a corresponding offer. The company makes a binding contractual offer by successfully completing the booking procedure provided on the platform after logging into the account. Jobversal accepts the offer in text form.

15.3 The respective licence for the use of the Software shall be automatically activated for the Company in the Account.

 

16. Granting of rights

16.1 Upon conclusion of the licence agreement, Jobversal grants the company the simple, non-exclusive, non-transferable, non-sublicensable right, limited in time and scope to the respective licence, to use the software for the contractual purpose assumed in accordance with the following provisions.

16.2 There shall be no physical transfer of the Software to the Company. The company may only use the software for its own business activities by its own personnel.

16.3 The Company is not entitled to process the software, in particular to modify, translate, reverse engineer, decompile, disassemble or redesign it, unless this is permitted by law.

16.4 Jobversal remains the owner of all rights to the software.

16.5 The company is not entitled to provide the software or access to the software to third parties without Jobversal's permission. In particular, it is not permitted to sell, lend, rent or otherwise sub-license the software or access to the software or to publicly reproduce or make the software accessible. Dependent use by the company's employees or other third parties subject to the company's right to issue instructions within the scope of the intended use is permitted.

 

17 Remuneration, terms of payment, prohibition of set-off

17.1 The current prices stated on the Jobversal platform shall apply. All prices are quoted in euros and are exclusive of VAT.

17.2 Payment of the remuneration shall be made in advance using the payment methods offered on the Jobversal platform. Jobversal reserves the right to exclude certain payment methods. All claims become due on receipt of the invoice and are payable without deduction. The costs for money transfers shall be borne by the company.

17.3 Offsetting by the Company is excluded unless the Company's counterclaim is undisputed or has been legally established.

 

18. Rights and obligations of the company

19. Insofar as the company is not expressly granted rights under the licence agreement, all rights to the software, in particular the copyright, the rights to or in inventions as well as technical property rights shall be the exclusive property of Jobversal.

19.1 Before sending data and information to Jobversal and its servers, the Company will check them for viruses and use state-of-the-art virus protection programs.

 

20. Term of contract, termination of tenancy

20.1 The contractual relationship shall commence upon acceptance of the offer by Jobversal. The term of the licence agreement corresponds to the details of the respective licence on the platform. 20.2 The Licence Agreement shall not be automatically renewed. 20.3 The right of each party to extraordinary termination for good cause remains unaffected.

 

Status: October 2022