World 4 Talents
Michael Weidenauer e.K
(hereinafter referred to as platform operator)
Part 1 – General provisions
1. Scope of application
1.1 These terms and conditions of use apply to the user relationship between the platform operator and the companies (“providers”) who search the platform for suitable candidates (“users”) to fill vacant positions, as well as to the user relationship between the platform operator and the candidates (“users”), which is concluded via the platform by means of the registration at the above-mentioned URL.
1.3 In the scope of these terms and conditions the following definitions shall apply:
– The ” platform operator” is Michael Weidenauer e.K.
– The ” platform ” is the “World 4 Talents”.
– The ” Providers” are all companies that search for suitable candidates to fill vacant positions on the platform.
– The ”Users” are registered private persons who appear on the platform as candidates for vacant positions.
2. Scope of services
2.1 The platform offers registered users the opportunity to post their own candidate profile with a CV on the platform at no cost in order to present themselves to the providers. In this respect, the users in particular have the possibility to enter their own personal details (e.g. contact information, job title, place of residence) as well as to submit documents (e.g. CVs and examination certificates) online.
The users cannot directly apply for a vacant position, they also have no possibility to get in direct contact with the providers through the platform. The platform offers registered providers the opportunity to view the profiles of users and to search for suitable candidates to fill vacant positions. The providers can directly contact suitable users inside and outside the platform. Specific job offers can only be posted outside the platform.
2.2 At no time does the platform operator become a contractual partner of any contracts concluded between the users and the providers. These contracts are concluded exclusively between the provider and the user.
2.3 The availability of the platform is at 95% of the annual average. This does not include any necessary regular maintenance work nor any periods in which the availability is limited due to events for which the platform operator is not responsible (e.g. force majeure, actions of third parties, technical problems or changes in the legal situation).
Part 2 – Contract between the platform operator and the suppliers
3. Subject matter of the contract
3.1 The platform operator offers the providers on the platform the possibility to search for suitable candidates to fill vacant positions.
3.3 At no time does the platform operator become a contractual partner of a possible contract concluded between the user and the provider, therefore the platform operator is not obliged to provide any instructions from these legal relationships. A possible contract is concluded exclusively between the provider and the user.
4. Registration on the platform
4.1 Providers can create an account on the platform. By registering, a user contract is concluded between the provider and the platform operator.
4.2 The registration as a provider is exclusively reserved for adult natural or legal persons acting in their entrepreneurial capacity. However, consumers are not entitled to register as providers. The platform operator reserves the right to verify the entrepreneurial status by requesting adequate evidence.
4.3 After the registration, the provider can create a provider profile and may search for suitable user profiles for vacant positions in order to get in contact with them.
4.4 In order for the Provider to be able to use the platform entirely as described above, a paid package has to be purchased from the platform operator in addition to the registration of a profile. The scope of services and further information can be found in the descriptions of the packages on the platform.
4.5 In the event of default of payment by the provider, the platform operator is entitled to block the profile or to terminate it for cause. An extraordinary termination shall be considered particularly in the event of a repeated (not necessarily consecutive) default of payment. In the event of a blockage, the contract period continues to continue as usual. The amount owed shall bear interest in accordance with the statutory provisions of the German Civil Code (BGB).
5. Contract period and termination
Unless otherwise agreed, the contract of use between the provider and the platform operator will be concluded for an indefinite period. The contract of use can be terminated by either party at any time and without prior notice.
6. Rights and obligations of the provider
6.1 The provider has to ensure that all contents posted or made available by him are in accordance with the applicable law (especially data and competitive law, copyright etc.) and that no conflicting third party rights exist. In particular, the provider has to be fully entitled to publish any photographic material as well as other data and documents provided by him. Furthermore, the provider has to ensure that the user profile search and user approach are legitimate.
6.2 Any contents that violate the applicable law are not permitted. The platform operator is entitled to delete such contents without prior notice.
6.3 In case of a violation against the obligations of this clause, the platform operator is entitled to terminate the contract without prior notice (extraordinary termination) or to block the account or to delete individual contents. The respective sanctions are at the discretion of the platform operator, but the platform operator shall take into account both the nature and the severity of the violation.
7. Copyrights and rights of use of the advertising material
The provider grants the platform operator – unless otherwise agreed – a simple, transferable, spatially and temporally unlimited right of use to the videos, images, texts and other content provided by the provider. The platform operator may use the content in question or parts thereof within the scope of its own advertising measures. In particular, he/she may place images, texts or videos or any parts thereof in advertising banners on third-party websites, in forums and/or in social media (e.g. Facebook or Instagram). The provider shall ensure that the content provided is free of third-party rights and complies with the statutory provisions.
Part 3 – Legal relationship between the platform operator and the user
8. Registration and performance object
8.1 The user can register an account on the platform free-of-charge. For this purpose, users shall enter the required mandatory information both completely and accurately in the online registration form. The subsequent activation of the user account establishes a free user relationship between the user and the platform operator.
8.2 The object of the user relationship consists exclusively of the provision and the maintenance of the platform contents and its functions. Any possible contracts concerning the performance of individual contractual services against payment shall be concluded exclusively between the user and the provider.
8.3 Before submitting the registration, the user can correct the data at any time by means of the mouse and keyboard functions. In order to conclude the contract, English is the available language.
9. Duties of the user
9.2 The user is furthermore obliged to use the platform only for its intended purpose and to observe all contractual and statutory provisions when using the platform. Any use beyond the purpose of the user relationship is not permitted.
In particular, the following actions are prohibited for the user:
– to register on the platform several times under different identities;
– to spread false or misleading claims on the platform;
– to use the platform for advertising or other commercial purposes;
– to threaten, insult, harass or otherwise violate the rights of other users;
– to violate these General Terms and Conditions or the applicable law (e.g. the copyright and trademark law) when using the platform;
– to send chain letters or spam messages;
– to publish pornographic, racist, violent, inciting, right-wing extremist, anticonstitutional or any other contents violating the applicable law or the morality on the platform.
9.3 In the event of a violation of these terms and conditions, the platform operator is entitled to temporarily block the user account, to send electronic messages or to terminate the user relationship for exceptional reasons. The sanctions depend on the nature, the severity and the duration or the number of the violation(s) and are determined by the platform operator at his personal judgement. In case of a blockage of the user account or of the sending of electronic messages, the duration of the user relationship remains unaffected.
10. The filing of documents
The filing of documents by the users is a function that is provided free of charge. The platform operator will not carry out any backups of the data stored in this manner. It is the sole responsibility of the user to provide backup copies and to take appropriate security measures. In the event of a loss, the platform operator shall not be liable for any backup; the provisions under the header “Liability and Indemnification” shall remain unaffected.
11. Termination of the user contract
The platform operator and the user are entitled to terminate the user contract without prior notice at any time. Any contracts between the user and the provider remain unaffected by this termination.
Part 4 – Liability and Indemnification
12. Liability and Indemnification
12.1 The platform operator is not liable for the contents provided by the providers or any third parties, unless there is a case of mandatory legal or contractual liability (see below). The same applies to disruptions, delays, errors and/or other impediments of performance which are due to the incorrectness or the incompatibility of the software or of the hardware of the providers or of the users. Moreover, the platform operator is not liable for the access and the availability of the internet. This availability may be limited, especially temporarily, due to maintenance work or for other reasons. Any liability regarding the consequences of a limited availability – no matter what kind and for what reason – is excluded.
12.2 The platform operator is not involved in the contractual relationship “provider – user” in any way. This contract and the resulting performance obligations result exclusively between the provider and the user.
12.3 As an exception to the exclusions of the liability specified in these terms and conditions, the liability of the platform operator for the following listed circumstances (including tortious claims) is regulated as follows:
12.3.1.The platform operator is fully liable in case of deliberate or negligent acts, in case of intentional or gross violation of the life, the physical body or of health or in case of mandatory legal regulations or in case of the acceptance of a guarantee.
12.3.2 In the event of a negligent violation of an important contractual obligation, the platform operator shall be liable in each case for an amount limited to the typical contractual damage that was foreseeable upon the conclusion of the contract, unless a case of unlimited liability exists. Essential contractual obligations are those obligations whose fulfilment is essential for the correct implementation of the contract and on whose compliance one party may regularly rely.
12.3.3. Otherwise, the liability of the platform operator is excluded.
12.3.4.The above mentioned liability regulations also apply with regard to the platform operator’s liability for his assistants and his legal representatives.
12.4 If the platform operator is held liable due to the illegal or contract-violating behaviour of the provider / user, the provider / user shall indemnify the platform operator from all claims of any third party. This includes the legal defense costs (especially court and attorney’s fees) in their legal amount. Sentences 1 and 2 do not apply if the provider / user is not responsible for the violation of the law. Irrespective of this, however, the provider is obliged to inform the platform operator immediately of any impending third-party claims.
Part 5 – Data protection and final provisions
13. Data protection
The platform operator treats the personal data of users and providers confidentially and in accordance with the statutory data protection regulations. These data will not be passed on without the explicit consent of the person concerned or only within the framework of the necessary processing of the contract. Further details can be found in the platform operator’s data protection declaration.
14. Final provisions
14.1 The law of the Federal Republic of Germany shall apply to the contracts between the platform operator and the provider / user, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this legal option does not result in a consumer being deprived of any mandatory consumer protection standards.
14.2 If the contractual partner is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationships between the platform operator and its contractual partner is the above-mentioned registered office of the platform operator.
14.3 The platform operator is entitled to modify these terms and conditions of use for objectively justified reasons (e.g. changes in jurisdiction, legal situation, market conditions) and within a reasonable period of time. Existing customers will be notified by e-mail at least two weeks before the changes take effect. If the existing customer does not object within the deadline specified in the change notification, his consent to the change is considered as granted. In the event of an objection, the platform operator shall be entitled to terminate the contract extraordinarily with regard to the effective date of the change. The notification of the intended change to these Terms and Conditions of Use will indicate the deadline and the consequences of the objection or the failure to object.
15. Legally required information concerning the Online Dispute Resolution for the consumer
Under the following link, the EU Commission provides a platform for the Online Dispute Resolution on the Internet: https://ec.europa.eu/consumers/odr
Status: February 2020