License and Terms and Conditions CAREER of Experteer GmbH
- § 1 Applicability and object of the terms and conditions
- The following terms and conditions below apply to the software and all related services offered by Experteer GmbH, Munich (“Experteer”) to job applicants at various internet domains (including www.experteer.co.uk, www.experteer.com, www.experteer.de, www.experteer.at, www.experteer.ch, www.experteer.it, www.experteer.fr) (“Experteer Software”).
- These conditions shall define the terms under which the Experteer software and all related services may be used. These general conditions and licensing terms (“T&C”) shall apply exclusively to all uses of the Experteer Software and all related services, even if the software or services are used or accessed from outside the territory of the Federal Republic of Germany.
- Differing licensing terms or general terms and conditions of business of the users shall not form part of the contract even if Experteer does not explicitly reject them or carries out the contractual service for the users without reservation even in the knowledge of contradictory or different conditions used by the users.
- By registering with Experteer and thus obtaining the right to use the Experteer software, the user is making a binding declaration that he has read and understood these licensing terms and general conditions and has agreed on the application of these T&C to his contract. Users who do not agree to the application of the T&C shall not register on the Experteer internet domains and shall therefore be forbidden from using the Experteer software. Persons under the age of 18 are also not authorised to use the Experteer software.
- Unless explicitly stated otherwise, all new releases, updates and other new services which extend or improve the current version of the Experteer software are subject to these T&C. The Experteer software will always be provided in the latest version approved by Experteer and is always subject to availability.
- § 2 Experteer Software / Availability
- Experteer is an internet-based career service which provides users with software for searching and communicating on the Experteer platform. Experteer Career makes it easier to search for job adverts published by companies and to locate users by recruiters (headhunters and HR managers/corporate recruiters). In addition, Experteer Career and provides software-based tools for publishing content (e.g., CVs). However, it is pointed out that Experteer’s services do not include finding jobs. In this respect, Experteer explicitly draws attention to the liability regulations in section 11.
- Experteer offers internet users the option of using the internet platform made available at the internet domains and different career and communication services. Each user has access to a free Basic EXPERTEER membership which offers the option of partial use of the content of the Experteer software. The use of the entire content of the Experteer software with all features is only possible to users who register for a Premium membership, for which a fee is payable (cf. section 6).
- With full registration, users are given the non-transferable, non-exclusive right to use and make their own copy of the Experteer software provided by the Experteer internet portal only for their own purposes in accordance with these T&C. Each other use of the Experteer software requires explicit, separate, prior written consent from Experteer. This particularly applies to the reproduction, transfer, distribution or making available in any way, whether in return for payment or free of charge , of the Experteer software or copies of the Experteer software, or parts thereof, to third parties, even if this is on computers belonging to the user.
- Experteer reserves all rights to change, interrupt or discontinue in any way all or individual features of the software either temporarily or permanently with or without rendering a notice to the user. The user declares he is in agreement that Experteer is not liable to him or third parties with respect to changes, interruptions or the discontinuation of individual or all services.
- Experteer will make every reasonable effort to make the software features available 24 hours a day, 7 days a week and to guarantee the maximum possible server availability. However, it is explicitly stated that Experteer cannot guarantee 100 % availability.
- § 3 Copyright and other protective rights
- All Experteer content is protected by copyright. Copying of content, especially user profiles or e-mail addresses, and publishing it elsewhere shall be forbidden without the prior written consent from Experteer.
- Registration in accordance with section 1, para. 4, in no way constitutes a transfer of title or usage rights, licences or other rights to the user. All rights to codes, titles, brands, trademarks, copyrights and other commercial rights held by Experteer remain with Experteer without restriction, except the right to use the Experteer software. All working results and information published are subject to Experteer’s copyright. This does not apply to work results and information published which was created by the user or a third party and adopted unchanged by Experteer for publication on the internet or linked to by Experteer with a hyperlink.
- Only the user is responsible for the content determined and made available for publication by him in terms of infringement of press, competition rights and other rights. By registering, the user confirms that he has obtained licenses from the owners of copyright, service protection and other rights required or possesses all necessary rights for publication of the documents, information and data made available by him on the internet.
- § 4 Data protection
- Experteer is particularly concerned about keeping user data secure and protected. Experteer undertakes to comply with the legal data protection provisions and the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and the Teleservices Data Protection Act (Telemediengesetz, TMG) in particular.
- We herewith notify you in accordance with § 33 (1) BDSG that Experteer saves and electronically processes user data in machine-readable form. Personal data is collected, saved, processed and used as part of the contractual provision of services. Personal data is data that contains details on personal or material circumstances of a specific or specifiable user. User-uploaded application documents (e.g., cover letter, resume) are stored for 1-year. All such data is saved electronically. Data is also recorded when Internet pages are called up.
- The user is solely responsible for ensuring the confidentiality of his or her log in or access information (email address and password).
- Upon request, Experteer will provide the user with all the information on the data saved relating to the user, free of charge.
- Experteer does not pass on any personal individual data to third parties. An exception is, of course, the publication of the profile in which the user entered data for this purpose and the publication of which the user has agreed to by creating his profile. Also included in this exception are user-initiated forwarding of application documents to the contacted recruiter (headhunter and/or HR managers/corporate recruiters). The user can individually determine at any time to which group of persons his profile is to be displayed in full or anonymously, and whether to forward application documents. Experteer is not responsible for the confidentiality of user data and application documents which users provide/forward to recruiters (headhunters and/or HR managers/corporate recruiters).
- The personal settings entered by a user will be saved. This guarantees that all users get the same settings for each new session (i.e. each time they log on again). Experteer uses so called cookies for this. A cookie is a piece of data stored on the user's computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We may use session ID cookies and persistent cookies to enhance our service to you. For the session ID cookie, once you close your browser, the cookie simply terminates. A persistent cookie is a small text file stored on your hard drive for an extended period of time. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our site. Persistent cookies can be removed by following Internet browser help file directions.
- If a user accesses the services of Experteer via a partner site (affiliate), the anonymised data is saved in a cookie. These cookies do not contain personal user data but are only used to maintain the partner program.
- The user consents to Experteer using his anonymised user data for the purposes of consulting, advertising, market research and for improving and designing the service in a demand-oriented manner. In accordance with § 15 Abs. 3 TMG, any user can object to the pseudonymous user data being transmitted to third parties for the purposes of consulting, advertising and market research as well as to an anonymised usage profile being created. The right of objection can be exercised by sending an E-mail to firstname.lastname@example.org.
- The user gives their express consent to receive e-mail newsletters. These newsletters are an integral part of the service and regularly inform the user about current, labor-market relevant topics and news regarding Experteer and offers from its partners. In addition, member-specific messages are sent. A newsletter may be canceled at any time by using the link supplied at the end of each newsletter or in the user’s account under "My Account" / "e-mails from Experteer".
- By registering, the user declares his consent for his data to be used in accordance with the provisions above.
- You are entitled to view the personal data we have saved in relation to you at any time and free of charge. This information is provided in writing. Please send the written request for information together with a copy of your identification card to Experteer GmbH, Lenbachplatz 3, D-80333 München, Germany.
- The "Public directory of procedures in accordance with § 4e of the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG)" can be called up here.
- § 5 Conclusion of contract
- The user confirms to Experteer that he is 18 or above.
- Experteer has the right to check the user’s personal details using suitable official documents. The user therefore undertakes to send Experteer copies of official documents – in particular his personal ID – if requested to do so by Experteer.
- The contract comes into existence when the user has successfully registered with Experteer. By registering, the user is also giving his consent to the application of these T&C to his contract with Experteer.
- § 6 Costs
- The submission as well as the alteration of a profile is free of charge. The user may, also free of charge, keep an unlimited number of contact requests on his profile and use the Experteer software with certain restrictions.
- If the user wishes to use the entire content of the Experteer Software, i.e. with all the features and no restrictions, or respond to incoming messages, then he is only able do this by purchasing an appropriate license regarding the use of the entire content of the Experteer software (“Premium membership”).
- The current fees for purchasing such licence can be viewed online here.
- If the user wishes to buy such software license, he is made aware of the incoming fees. The charges due for the licence and the payment method will also be explained.
- Objections to the amount charged or debited must be claimed in writing to Experteer by the user within 14 days of debiting of the objected costs or of receipt of the objected invoice. If the user does not claim objection within this 14-day period, the amount debited or invoiced is deemed to be approved. Objections to the amount charged is irrelevant of the cancellation policy as stated in §15. Objections also do not affect the concluded renewal agreement as stated in §9.
- § 7 Terms of Payment
- The licence fees due and payable must be paid to Experteer in advance and without deduction. The fees will be automatically debited from the user’s account or shall be transferred by the user. If concluding a Premium membership the payment interval is based on the term individually agreed upon and the payment period is 30 days.
- With the conclusion of a Premium membership, and by entering appropriate bank or credit card details, the user is granting Experteer permission to direct debit the charges from the bank or credit card account for the fees of the agreed term and any extension thereof.
- § 8 Obligations of the user
- The user is solely responsible for the content of his profile.
- The user is not permitted to put or make available in any way any sexual, pornographic, immoral, politically radical or other illegal content on the profiles. He is also not permitted to create profiles for third parties.
- The user is not permitted to put or make available in any way any sexual, pornographic, immoral, politically radical or other illegal content on the profiles. He is also not permitted to create profiles for third parties.
- It is not permitted to create profiles for the purpose of collecting e-mail addresses from responses and using them for commercial purposes.
- The user has no legal title to claim the publication of his content.
- Photos which have been provided to Experteer for publication within a profile must be up-to-date and allow identification of the relevant user. The face must be recognisable as a whole. Experteer’s liability for the infringement of any copyright held on the image material by third parties shall be excluded.
- Within Experteer the relevant user is solely responsible for the communication between users and its contents. The user’s statements and actions shall not be assigned to Experteer in any way.
- All users are obliged to treat e-mails and other messages or other user data received in connection with the use of the Experteer software and the internet portal provided by Experteer confidential and shall not make them accessible or available to third parties without the consent of their originator. The same applies to the names, telephone and fax numbers, residential and e-mail addresses and/or URLs of other users. Forwarding any data from non-users is also prohibited.
- The user shall not put or make available in any way any sexual, pornographic, immoral, politically radical or other illegal content on responses. It is also not permitted to threaten, harass or infringe the rights (including personal rights) of others or to promise or demand money or services in lieu of money.
- Putting or making available in any way any commercial advertising for his own purposes or for third parties in responses is not permitted. This applies in particular to advertising other internet services or chargeable service telephone numbers.
- Any misuse or exploitation of the Experteer websites or databases is prohibited. In particular, collecting and storing data from the databases and the full, partial, or extracted use of the data on the Internet for commercial address exploitation or as the basis or resource for the compilation or expansion of members, addresses or other directories as well as reading the databases on the Internet for the above purposes and for purposes related to other commercial use is prohibited.
- The user is prohibited from using mechanisms, software or scripts in connection with the use of the Experteer websites and databases as well as blocking, overwriting, modifying, and copying, particularly copying from “robot/crawler” search engine technology, of Experteer websites and databases. However, the user may use the interfaces or software provided him by the services offered on the Experteer website.
- The user must refrain from any action that could negatively impact the Experteer functionality and infrastructure, particularly causing system overload.
- § 9 Term, termination
- 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’.
- If a user breaches these T&C, Experteer may block his access or delete the respective entry in its entirety and terminate the licence contract with immediate effect. Experteer will consider the seriousness of the offense and your legitimate interests in its decision and determine, among other things, whether the misconduct or violation was committed with intent or negligence.
- If a user’s access is blocked because of a breach of the contract, the unused credit is kept by Experteer in proportion to the period of use thus far, plus an administration fee of £ 25.
- After the end of the contract, all data relating to the user shall be deleted in the Experteer software and the Experteer internet portals.
- § 10 Guarantee
- In the case of a defect, Experteer shall be entitled to either remove the defect or to offer alternative solutions (subsequent fulfilment). While subsequent fulfilment attempts by Experteer are ongoing or have not completely failed, user’s claims regarding reduction of the agreed payment or cancellation of the contract shall be excluded. Once the attempts to subsequent fulfilment have finally failed, the user may reduce payments or cancel the contract insofar as the relevant defect lasts. Cancellation of the contract is not an option if the defect is insignificant. The user must provide sufficient support for subsequent fulfilment attempts by Experteer.
- The guarantee is excluded if the user cannot reproduce the error or prove it based on computer readouts.
- With respect to the data used, Experteer is only responsible for checking that the data used is free of viruses using conventional virus software. Any further-reaching liability for freedom from viruses is excluded.
- The user is not entitled to any claims from this guarantee if the cause of the defect relates to the fact that the user has failed to comply with own obligations or has modified the Experteer software or had it modified.
- If the user is a company within the meaning of Section 14, BGB (German Civil Code), previously mentioned rights can only be asserted within one year of the Experteer software made available to it.
- § 11 Limitations of liability
- Irrespective of the legal basis, Experteer’s liability is limited to damage caused by intention or gross negligence. However, this limitation on liability does not apply for any injury or harm to life, body or health, to the breach of major obligations and to claims arising under the Product Liability Act.
- Where Experteer is liable as a result of simple negligence, the compensation claim shall be limited to such damage as must typically be expected and to a total compensation claim of £ 5000.
- Claims for consequential damage, especially damage to hardware, software, or damage incurred due to data loss of the user or lost profit shall be completely excluded.
- If and to the extent Experteer’s liability is excluded or limited, such exclusion shall also apply to the personal liability of Experteer’s employees, job holders, workers, representatives and agents.
- It is agreed that the current state of technology cannot rule out errors in the program, even if great care is taken, and that uninterrupted, error-free operation and the complete removal of program errors cannot be guaranteed.
- Experteer excludes any guarantee for the software and the functionality of the internet platform and makes no undertakings with respect to the correctness, suitability, reliability, punctuality or precision of the information contained therein.
- If its internet platform and/or the functionality of the Experteer software is hampered, interrupted or destroyed as a result of force majeure, strike, lockout, operational disruption or structural damage emanating from outside Experteer’s liability shall be excluded.
- Experteer’s liability for unauthorised, non-purposeful obtainment of knowledge of personal user data by third parties (e.g. through unauthorised access by ‘hackers’ into the Experteer software database) or information provided by the user himself to third parties, e.g. by giving out his password, which is then abused by third parties, shall be excluded.
- Experteer’s liability for any delay, deletion, accidental transfer or memory failure in the communication between users or in conjunction with areas designed personally shall be excluded.
- Experteer also draws attention to the fact that it explicitly shall not be liable for any content provided by internet users or users of the internet platform provided by Experteer.
- Experteer shall not be liable for any damages to computer systems, or offences or damages to users of Experteer caused in line with communication with other Experteer users or by accessing external links.
- § 12 Salary benchmark and third party information
- The salary benchmark and the salary information provided merely represents an average value at the relevant level with market leaders. For each company, the actual salary can be up to 15 % lower or higher (in individual cases, greater discrepancies can also apply). The specific salary to be given depends on factors such as skill at salary negotiation, employee performance and professional experience. The size and location of the company also plays a role. We explicitly point out that a salary benchmark quoted by Experteer does not represent a statement on the actual salary for the position offered by the specific company. They are rather target salaries by market leaders in the relevant sectors of industry. They should provide users with a guide when assessing open positions, evaluating their own career milestones and as an aid during salary negotiations. They are explicitly not salary levels offered by the specific company or conventionally paid.
- Experteer’s liability for the content of the job adverts and information provided by the company on the internet and to which there are links from Experteer shall be excluded.
- § 13 Changes to the General Terms and Conditions of Business
- Experteer reserves the right to redesign, amend or change the T&C.
- Experteer will inform the user in a timely manner of changes to the T&C. If the user does not object to the change within a period of two weeks, starting on the day following the day the notification of the change has been received, then the amended T&C are approved by the user.. If the user does not agree to the change, Experteer reserves the right to terminate the agreement at the end of the agreed term and the user can no longer use the Experteer software and/or the Experteer Internet portal after the effective date of termination.
- The notice of the amendment must include information on the publication of the modified text and information on the option of objecting and the notice period, plus the significance and/or consequences of failure to object. In particular, this notice may be send to the e-mail address given by the user.
- § 14 Other terms
- Experteer may exclude users from further use of individual or all features of the Experteer software and/or the Experteer internet portals or reject individual profiles without observing a notice period or quoting reasons.
- However, if an excluded user uses the Experteer internet service, e.g. using a different identity or attempts to conclude a licence contract with Experteer in this way, Experteer reserves all rights to take any legal action.
- The operation of Experteer is solely at the discretion of Experteer. Experteer is entitled but not obliged to check that the content of any text or any image entered meets the guidelines set out in these terms and, if necessary, to modify it or delete it.
- Experteer reserves the right to assert claims for compensation as a result of breaches of these T&C and other legal offences.
- The contractual relationship between Experteer and the relevant user shall be governed by German law under the exclusion of UN law on the sale of goods, with the condition that Experteer’s proprietary rights are protected by the local applicable law around the world.
- To the extent legally permissible, the exclusive venue for all disputes arising from this contract shall be Munich, Federal Republic of Germany.
- Should single provisions of this contract be or prove to be invalid, the binding force and effectiveness of the other provisions of this contract shall remain unaffected.
§ 15 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: email@example.com
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 § 9.
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, June 13, 2014