General Terms and Conditions of talentefinder GmbH

April 2019

General part

1. Offer from talentefinder
  1. talentefinder GmbH, Erkelenzdamm 59-61, 10999 Berlin (hereinafter "talentefinder") offers a platform for the mediation of private or professional acquaintances. On the platform, companies (including the public sector hereinafter "companies") can create profiles and job advertisements, approach students and be approached by students. The platform is aimed specifically at participants of specific events or trade fairs.

  2. The use of the platform is subject to the following general terms and conditions of use of talentefinder. The inclusion of the customer's GTC is expressly objected to, unless talentefinder has expressly agreed to the inclusion of third party GTC.

  3. The offer on the part of the participants is aimed exclusively at consumers within the meaning of § 13 BGB. Use by commercial employment agencies is expressly excluded.

  4. The offer for companies is aimed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), including legal entities under public law.

2. Registration and use of the "talentefinder" platform
  1. talentefinder offers access to the talentefinder platform ("Platform") on the website "talentefinder.de". Companies can post profiles and job advertisements there and view and contact profiles of participants, participants can create a profile or contact a company.

  2. On the company side, any natural person aged 16 or over is entitled to use the services offered by talentefinder; on the participant side, only consumers aged 16 or over are entitled to use the services.

  3. By registering on the "talentefinder" platform, the user (participant or company) creates an account with talentefinder subject to these General Terms and Conditions. During registration, it must be stated whether one is registering as a participant or as a company.

  4. The user name may not correspond to the name of an actual living or deceased person or show similarities to such a name, with the exception of the user's own name. Furthermore, the user name may not contain any sexual, sexist, xenophobic, inflammatory or other references that are deemed inappropriate in the reasonable discretion of talentefinder. The change of an inappropriate user name by talentefinder is at its sole discretion.

  5. By clicking the button "Register Now", the user submits to talentefinder an offer to conclude a contract of use for the platform. talentefinder is free to accept or reject the offer. The confirmation of receipt of the registration or the confirmation of the email address provided does not constitute acceptance of the offer. The offer can be conclusively accepted by activating the account for the use of the website.

  6. The user may terminate his account at any time. In the event of termination, the publication of already paid advertisements will be discontinued and all content of the user on the platform will be removed. With regard to further storage, we refer to the data protection declaration. A refund for job advertisements already paid for will not be made in the event of termination without good cause. The termination of the contract is otherwise governed by clause 13.

  7. talentefinder always endeavours to ensure that the platform is available as constantly as possible during the events, but does not guarantee any specific availability. Availability depends on a variety of factors over which talentefinder itself has no influence. Nevertheless, talentefinder will endeavour to carry out maintenance and servicing work outside the statistically measured peak usage times. In certain cases, unannounced maintenance and servicing work may be necessary, e.g. in the event of hacking, malware, critical software errors etc.

3. Rules of conduct
  1. Every user must always behave in a friendly manner both towards other users and towards talentefinder.

  2. talentefinder is entitled to remove individual profiles and job advertisements or to block individual users insofar as the user behaves in a hostile, aggressive, xenophobic, sexist, insulting, discriminatory or otherwise inappropriate manner towards other users or if there is a suspicion that the job advertisement or application profile has been created improperly.

  3. Contents of the platform may not be reproduced or reproduced on other websites or incorporated into such without consent.

4. Liability
  1. talentefinder shall only be liable for damage resulting from injury to life or physical integrity and for damage caused intentionally or by gross negligence.

  2. In the event of slight negligence, talentefinder shall only be liable in the event of a breach of material contractual obligations which ensure the proper performance of the contract and the breach of which impairs the actual purpose of the contract and on the observance of which the user relies. Liability for slight negligence is limited to ordinary and foreseeable damage. This shall not affect the liability of talentefinder under the Product Liability Act and the Telecommunications Act.

  3. This limitation of liability applies to all freelance and salaried employees of talentefinder.

5. miscellaneous
  1. talentefinder is entitled to amend the Terms and Conditions without stating reasons, provided that this does not disadvantage the user contrary to good faith. Amendments shall be announced by publication on https://www.talentefinder.de/en/data-protection and transmission to the users by e-mail. Changes in content are permissible if there is a need for new regulations due to extensions to the content of the product, in particular if new functions are made available to the users or if there is a need for adjustment due to changes in the law or jurisdiction, in particular if individual provisions of these terms of use are or should become invalid. If the user does not object to the application of the new terms and conditions within two weeks of notification and the opportunity to take note of them to talentefinder, the amended terms and conditions shall be deemed to have been accepted. talentefinder shall point out the possibilities of objection, the deadline and the legal consequences, in particular of a failure to object, in the notification of the amendments. In the event of an objection within the time limit, talentefinder shall be entitled to terminate the contract with 7 days' notice. Until termination of the contract, the previously applicable terms and conditions shall continue to apply.

  2. The law of the Federal Republic of Germany shall apply to the exclusion of the conflict-of-law rules of private international law which refer to the application of other legal systems, as well as the UN Convention on Contracts for the International Sale of Goods. To the extent required by law, the mandatory consumer protection law of the customer's country of domicile shall apply in addition.

  3. Should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.

  4. If the entrepreneur is a merchant, a special fund under public law or a legal entity under public law, the place of jurisdiction shall be Munich.

  5. The Commission of the European Union provides an internet platform for online dispute resolution (so-called ODR platform). The ODR platform serves as a possibility for the out-of-court settlement of disputes regarding contractual obligations from online purchase contracts or contracts between consumers and entrepreneurs with residence/registered office in the European Union. The platform can be accessed by clicking on the following link: http://ec.europa.eu/consumers/odr

    According to the VSBG (Consumer Dispute Resolution Act), cross-border and non-cross-border disputes regarding contractual obligations arising from sales contracts or service contracts between a trader domiciled in the European Union and a consumer domiciled in the European Union may be brought before a consumer arbitration board in order to achieve an out-of-court settlement of the dispute. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board with regard to disputes arising from contracts with our customers.

Special regulations for participants

6. Usage options
  1. Registered participants have the possibility to set up their own profile on the website. The profile, which should be as complete as possible, is necessary in order to use the active sourcing services (matching and chat). To contact companies, both on the platform (messaging system) or by direct communication. Registration is a prerequisite for matching and contacting via the platform.

  2. The profile can be edited at any time, profiles are activated immediately.

  3. The use is generally free of charge for participants.

  4. The data entered by the user in the profile may be viewed as part of the profile by the participating and registered companies and the respective event organiser. This is necessary so that all participants have the opportunity to use the job event effectively for themselves, in particular to present themselves, find matches and arrange professional dates. talentefinder is entitled to analyse and evaluate the data and (where necessary in anonymised form) to make the results of this analysis and evaluation available to the participating entrepreneurs and the event organiser.

7. Right of withdrawal

In the event that the customer or user is a consumer, he/she is entitled to the following right of withdrawal:

Cancellation policy

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must send us

talentefinder GmbH
Erkelenzdamm 59-61
10247 Berlin
E-mail: support@talentefinder.de

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Consequences of revocation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

The user's right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at the express request of the user before he has exercised his right of withdrawal.

If you wish to revoke the contract, please complete and return this form:

To
talentefinder GmbH
Erkelenzdamm 59-61, 10999 Berlin
E-mail: support@talentefinder.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)Ordered on (*)/received on (*)


Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in the case of notification on paper)
Date

(*) Delete as applicable.

8. Contract term and termination
  1. The contract concluded between talentefinder and users shall be valid for an indefinite period of time, unless the parties have expressly agreed otherwise upon conclusion of the contract.

  2. The parties may terminate the contract and thus the existing account at any time without notice.

  3. In the event of termination, talentefinder will immediately delete any profile and related stored data of the participants. The participant must therefore back up his/her data prior to termination.

  4. The participant may terminate the contract by sending an e-mail to support@talentefinder.de. The e-mail must contain the user name of the account and come from the e-mail address stored in the user's account.

  5. The participant may also terminate the contract via the official website by selecting the account options provided for this purpose.

Special contractual conditions for companies

9. Usage options
  1. Registered companies have the possibility on the website to:Set up their own profile independently

    1. Set up your own profile independently

      1. Company name

      2. Logo

      3. Industry

      4. Number of employees

      5. Brief description of the company

      6. Annual turnover

      7. Entry opportunities

      8. Who we are looking for

      9. Benefits

    2. Publish job advertisements independently (basic, premium functions may be subject to separate remuneration).

      1. Job title

      2. Entry type

      3. Entry point

      4. Entry date

      5. What we offer

      6. What are our tasks

      7. What a candidate brings to the table

      8. Link to the job advertisement

  2. The profile can be edited at any time,

  3. The company is obliged to provide a complete imprint and a privacy policy (at least linking) in its company profile,

  4. Profiles are activated immediately.

  5. By entering the company name and logo in the profile, the company and logo will also be featured on the main page of talentefinder in the stream of participating companies.

  6. Registration free of charge

  7. Illegal content can be deleted immediately by the platform

  8. The booking of future premium functions is concluded in the individual case by sending the advertisement with the button "Book with costs".

10. Rules for job advertisements
  1. Only offers for employment, no self-employment or freelance work, no advertising for structural sales.

  2. No job offers that depend on advance payments or financial self-investment by participants; No pyramid schemes.

  3. Websites linked to must comply with legal requirements (imprint, data protection).

  4. The provisions of the General Equal Treatment Act must be observed.

  5. The company itself clarifies the rights to all elements of the job advertisement, release from liability due to copyright and trademark infringements.

  6. Global Jobwall

    Companies can post job advertisements on the talentefinder website on the Global Jobwall for a fee (premium function). This means that the job is visible to all participants on the Global Jobwall and participants can contact the advertising company directly regarding the advertised job. Direct contact is not made possible via the talentefinder website and therefore participants and companies are responsible for this themselves.

    1. Publication on the Global Jobwall will be for at least one month from the date of publication.

      1. The company can remove the advertised position from the Global Jobwall before the end of the first month, e.g. in case of a successful filling of the position, but is still obliged to pay the price for a full month.

      2. After the expiry of the month, the contract on the respective publication of the job advertisement on the Global Jobwall shall be extended by a further month in each case.

      3. At the end of the first month after the publication of the respective job advertisement, the contract for the respective publication of the job advertisement on the Global Jobwall can be terminated for the first time. Thereafter, the contract for the respective job advertisement on the Global Jobwall may be terminated without notice at any time.

      4. If a job advertisement is published on the Global Jobwall during the current month, this month will be invoiced on a pro rata basis. The same applies to cancellation during the current month, with the exception of the first month of publication.

      5. The invoiced amounts are due for payment within a period of 14 days by way of the selected payment method (see clause 12.).

      6. talentefinder reserves the right to remove job advertisements from the Global Jobwall that violate the law or are racist, sexist or discriminatory in any other way. In such cases, the respective company shall not be entitled to a refund of the amounts already paid or shall continue to be obliged to pay any amounts owed.

11. Confidentiality
  1. "Confidential Information" means all information exchanged between the Parties under this Agreement, whether orally or in writing, which is designated as confidential or which is to be regarded as confidential due to the circumstances of the transmission, in particular the provisions of this Agreement. This applies in particular to any key economic figures of talentefinder, usage statistics and evaluations as well as other information on the technical implementation of the portal and its economic success. Not deemed to be confidential information is such information which was already demonstrably known to the other party prior to the communication without being subject to a confidentiality agreement, which becomes publicly known during the term of the contract without a breach of contract by the parties, which was independently developed during the term of the contract by employees of the parties who did not have access to the confidential information, which is disclosed by the communicating party to third parties without a confidentiality provision or which is required to be made public by virtue of an enforceable order or other ruling of a court, authority or other governmental organisation. In the latter case, however, the addressee of the decision undertakes to inform the other party thereof without delay and to provide it with appropriate support in the context of a legal challenge to such a decision. In principle, all technical information is part of the confidential information, unless it is distributed under an open source licence.

  2. The receiving party undertakes to treat all confidential information as strictly confidential and not to use it or make it available to third parties except for the purpose of fulfilling the contract. The receiving party may only disclose the information to its management, employees and consultants to the extent that they are also subject to confidentiality under these provisions and to the extent that they are concerned with the matters of this contract. The Receiving Party shall take all reasonable steps to prevent any unauthorised use of the Confidential Information and shall promptly notify the Providing Party of any suspected unauthorised use or disclosure.

  3. talentefinder shall be entitled to name companies as reference customers using the logo on the website of talentefinder and in its other self-presentation for as long as the contractual relationship (the registration) exists.

12. Payments

As soon as premium functions are offered by talentefinder, the GTC will be updated with regard to the payment options.

13. Data inspection

The data posted by the company in the profile may be viewed as part of the profile by the participating and registered users and the respective event organiser. This is necessary so that all participants have the opportunity to use the job event effectively for themselves, in particular to present themselves, find matches and arrange professional dates. talentefinder is entitled to analyse and evaluate the data and (where necessary in anonymised form) to make the results of this analysis and evaluation available to the company itself or the event organiser.

14. Contract term and termination
  1. The contract concluded between talentefinder and the company shall be valid for an indefinite period of time, unless the parties have expressly agreed otherwise upon conclusion of the contract.

  2. The parties may terminate the registration with two months' notice. The ordinary termination on the part of talentefinder is excluded if there are ongoing bookings subject to a fee by the company beyond the termination period.

  3. The company can terminate the contract by sending an e-mail to support@talentefinder.de. The e-mail must contain the user name of the account and the e-mail address stored in the company's account.

  4. The Company may also terminate the contract via the official website by selecting the account options provided for this purpose.

  5. The right of both parties to extraordinary termination remains unaffected by this.

  6. In the event of an ordinary termination of the contract by the user or an extraordinary termination by talentefinder due to the fault of the user, talentefinder shall not be obliged to return or refund any advertisements or services already booked. In this respect, talentefinder's claim to remuneration shall remain valid if the remuneration has not yet been paid in full.

  7. The right to extraordinary termination by talentefinder exists in particular:

    1. if the user deliberately violates these general terms and conditions of use despite receipt of a reminder to this effect from talentefinder;

    2. if there are special circumstances in which talentefinder cannot reasonably be expected to adhere to the contract, in particular in the event of the commission of criminal offences under the Criminal Code (StGB) or the commercial use of the game, in which case a reminder is not required.

  8. Instead of termination for good cause, talentefinder may block the company's account for a period of up to one month. No payments are due for the duration of the blocking.