General Terms and Conditions for the Internet Platform actupool.com
§ 1 Subject of the contract
(1) Actuarial Media Center GmbH (hereinafter 'AMC'), Hohenstaufenring 47-51, 50674 Cologne, Tel: +49 221 912554-0, email: firstname.lastname@example.org operates the portal actupool.com.
(2) The following General Terms and Conditions ("GTC") apply to all contracts between AMC and users of actupool.com who use the services offered in connection with the website. AMC therefore understands "Users" to mean in particular jobseekers and employers. Jobseekers (= consumers within the meaning of § 13 BGB) are users who use actupool.com to obtain information about job offers, apply for specific job offers or seek other information about jobs and careers. Employers are AMC companies and institutions (= entrepreneurs under § 14 BGB) who commission AMC with the creation or publication of job advertisements including company presentations and/or their publication.
(3) Any terms and conditions of the users that are contrary to or deviate from our GTC shall not become part of the contract unless AMC expressly agrees to their validity in writing (§ 126 BGB).
(4) The contractual language is German.
§ 2 Description of the services
(1) actupool.com is an international online employment exchange for bringing together employers and jobseekers. The contracts concluded through the website confer duties and rights only on the users involved, so that the fulfilment of the contract is their exclusive responsibility. AMC, its representatives, employees and other auxiliary persons do not become party to the contracts concluded between the users.
(2) The services offered by actupool.com are divided into the following areas:
• Job offers incl. company presentation
• Information in the fields of career/application/job advertisement
(3) In the job advertisements section, employers shall provide specific information about a vacancy to be filled and the related possibility of concluding an employment contract. Jobseekers can view the job advertisement on actupool.com or are redirected through a link to an existing website of the potential employer with or without an online application management system. They can then apply either through actupool.com or directly to the potential employer. Jobseekers can search for a specific job using a search mask with detailed selection options.
(4) The information sections provide additional information on personnel matters and careers and also information on job advertisements for employers.
§ 3 Remuneration for services
(1) actupool.com offers free and paid services. Only those services from actupool.com for employers which are expressly identified as paid are chargeable, i.e. involving a payment duty. This includes in particular the placement of job advertisements.
(2) All payments of the remuneration payable to AMC are at all times due immediately. The remuneration for the placement of advertisements is to be paid within the period stated on the invoice.
§ 4 Storage of the offer text/correction note
(1) The wording of the user agreement is stored by AMC. The user has no access to the wording of the agreement through the Internet, but can access the data stored in his user account.
(2) The deposited data can be printed out by the user immediately before the registration process is completed. In addition, the user receives a registration confirmation with all relevant data by email.
(3) The user can correct his entries at any time before sending the registration on the platform by clicking on the back button of his browser or corresponding buttons on the platform or by clicking on the actupool logo to return to the start page, cancel the registration process and, if necessary, start again.
§ 5 Basis of the cooperation
(1) The AMC endeavours to continuously optimise the response to job advertisements from employers and to increase the quantity and quality of downloadable searches.
(2) If actupool.com has received the user's email address in connection with the user's order, AMC is entitled to send the user information about the ordered and similar services or activities of AMC by email, provided the user has not objected to this use. The user can object to the use of this information at any time in the further course without specific formalities and free of charge by email to AMC with effect for the future. AMC shall provide information on the right of objection in each email.
(3) The user undertakes to provide AMC in good time with all information and documents necessary for the provision of the services, in particular those necessary and appropriate for the publication of job advertisements including the company presentation and the use of actupool.com (e.g. delivery of advertisement texts and layouts in digital form). The user is required to inform AMC immediately if one of the service elements ordered by him is no longer up to date. In addition, the user is required to fulfil the duties of cooperation towards jobseekers or employers described in these GTC. If these requirements are not fulfilled in time, any deadlines for the provision of services for AMC are extended accordingly by the period of the delays for which the user is responsible.
(4) The employer shall ensure the smooth receipt of emails from AMC or actupool.com and shall set up AMC as a "trusted server" in this context. This is to avoid that online applications sent to the employer through the application form from actupool.com being filtered by the user's own spam filter. The same applies to any contractual communication.
(5) AMC reserves the right not to execute orders placed by the user or to remove services already published on the Internet if the contents to be published breach statutory provisions, official prohibitions, rights of third parties or good faith or infringe morality or these GTC ("prohibited content").
The same applies if, on behalf of the user, links to service elements are set which lead directly or indirectly to pages with illegal content. Any payment duty of the user remains unaffected by this.
As far as claims are asserted against AMC due to inadmissible contents or other breaches of rights for which the user is responsible, the user shall indemnify AMC on first request. The indemnification also includes the necessary legal costs of AMC.
(6) The following apply in particular to the published contents:
• if a self-employed or freelance activity is advertised, it must be clearly marked as such in the text;
• the content must relate to a vacant position or activity; mere advertising is not permitted; advertising for participation in an illegal structural distribution is also not permitted (§ 16 UWG)
• the provisions of the General Equal Treatment Act (AGG) must be observed.
Even if the above conditions are met, no content that is not relevant to the job search may be published in addition to content related to the position or activity, such as contests, non career-related events, pure advertising campaigns, etc.
If these requirements are not met, the content shall be considered to be inadmissible content with the consequences of § 5 para. 5.
(7) AMC accepts no responsibility for data material, advertising copy or related storage media supplied on actupool.com and in particular is not required to retain them or return them to the user unless there is a legal duty for AMC to retain the documents.
(8) AMC is entitled to engage vicarious agents.
(9) With regard to the actupool.com platform, it is prohibited to use mechanisms, software or other scripts that could interfere with the proper operation of the website or otherwise disrupt AMC's Internet presence. It is also prohibited to take measures which could lead to an unreasonable or excessive load on actupool.com's infrastructure.
(10) For service elements that are switched or used on pages that are not operated by AMC, further restrictions and requirements may apply in addition to these GTC.
We would like to point out that certain legal requirements and prohibitions for job advertisements may also exist in other countries. These must be observed.
(11) AMC shall at all times endeavour to ensure uninterrupted availability of the actupool.com website and error-free transmission of all data exchanged through the website. However, due to the nature of the Internet this cannot be guaranteed. Unforeseeable system failures are possible, as are necessary maintenance work, repairs or the introduction of new services. AMC considers the legitimate interests of the users. In the event of data loss, AMC does not assume any liability, except in cases of gross negligence or intent on the part of the company. § 8 (Liability) remains unaffected by the above provisions.
§ 6 Copyrights/industrial property rights
(1) The granting of the opportunity to use the actupool.com website does not imply any transfer of ownership or rights of use, licences or other rights to the user. All rights to the portal used, to trademarks, titles, brand names as well as copyrights and other industrial property rights remain with AMC without restriction.
(2) With the placing of the order for the publication of job advertisements AMC shall receive the exclusive database rights, if any, to the data published by AMC with regard to the user's job advertisements.
(3) The user bears the exclusive responsibility under press, competition and other laws for the content he provides for publication. Reference is made to § 5 para. 5.
(4) By placing an order, the user confirms that he has acquired or can freely dispose of all rights of use for the documents and data provided by him and required for posting on the portal. Reference is made to § 5 para. 5.
§ 7 Warranty and defects
(1) AMC warrants that the services commissioned by the user, which are to be provided by AMC and published in the portal, are implemented according to the usual technical standards. AMC does not owe successful conclusion of employment contracts with potential jobseekers or the actual finding of potential new jobseekers. Reference is made to § 2 para. 2. 1 of these GTC.
(2) For consumers within the meaning of § 13 BGB the legal warranty regulations apply.
Entrepreneurs within the meaning of §§ 14 BGB must notify us in writing of obvious defects within the meaning of the law without delay, at the latest seven days after the service elements have been placed on the portal. In this case AMC shall initially provide a warranty for defects by repair. Only if this fails twice, can the user demand a reduction of the price or a right of withdrawal for individual service elements. On request of AMC the user is required to declare within a reasonable period of time whether he still insists on delivery due to the delay in delivery.
(3) All warranty claims of the user are subject to a limitation period of one year from the statutory start of the limitation period.
§ 8 Liability
(1) AMC is only liable for damages caused by minor negligence to the extent that they are based on the breach of essential contractual obligations (cardinal duties), damages from injury to life, body or health or claims according to the product liability law or derive from a guarantee of quality assumed by AMC. Cardinal duties are duties the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner are entitled to rely.
(2) The liability of AMC for simple negligence under this provision is limited to typically foreseeable damage. This shall also apply to damages caused by delay, which are based on minor negligence.
(3) The provisions of the above paragraphs also apply appropriately to any limitation of compensation for futile expenditure (§ 284 BGB).
(4) The above limitations of liability also apply in favour of the vicarious agents and legal representatives of AMC.
§ Article 9 Confidentiality
It is the user's responsibility to exercise the greatest possible care when using IDs, passwords, user names or other security devices provided in connection with the services and to take all measures to ensure the confidential and secure handling of the data and to prevent its disclosure to third parties. The user is required to inform AMC immediately about a possible or already known unauthorised use of his access data.
§ 10 Warning and court decision
If the user has been warned about content published on actupool.com or has already issued a cease and desist declaration with regard to certain advertisements (content) or if a corresponding injunction, judgement or other court decision or official order has been served, the user is required to inform AMC immediately in writing. In addition, the user is required to indemnify AMC from any claim by third parties on first demand and to compensate AMC for any damage. Reference is made to § 5 para. 5.
§ 11 Image rights/image representations
If the actupool.com platform contains images outside the area made available to the user or other third parties for publication, the rights to the respective image are held by AMC. The use of the images without the express consent of AMC is prohibited.
§ 12 Cancellation policy/right of cancellation for consumers
In the cases provided for by law, a user who is a consumer within the meaning of § 13 BGB has a right of cancellation. The user can find the cancellation instruction as well as information about the consequences of the cancellation under the link "Right of cancellation" on www.actupool.com.
§ Article 13 Data protection
§ 14 Online dispute resolution for consumers
(1) As a consumer within the meaning of § 13 BGB, in the event of problems with contracts concluded online, you can access the online dispute resolution portal of the European Commission: http://ec.europa.eu/consumers/odr/.
(2) AMC is neither willing nor required to participate in dispute resolution proceedings before a consumer dispute resolution body.
§ Article 15 Final provisions
(2) The contract and its interpretation are subject to the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international private law and its choice of law clauses.
(3) If the user is a merchant within the meaning of § 1 para. 1 of the Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Cologne shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question.
(4) Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the rest of the contract shall not be affected. The invalid or unenforceable provision shall be replaced by the statutory provisions. The same shall apply appropriately in the event that the contract proves to be incomplete.