General Terms and Conditions of Use
- 1 General
Deviating user regulations shall not apply unless EquiJob has confirmed this in writing. Individual agreements between EquiJob and the users always take precedence.
The business relationship between EquiJob and the users shall be governed by the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
The place of jurisdiction shall be Owingen, given that the user is a merchant or a legal entity under public law or a special fund under public law. The same applies if a user does not have a general place of jurisdiction in Germany or if the place of residence or usual abode is not known at the time the action is filed.
Customers who are consumers have the possibility to use alternative dispute resolution. The following link of the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online service contracts: http://ec.europa.eu/consumers/odr.
Obligation to provide information in accordance with the Consumer Dispute Resolution Act (§ 36 VSBG): EquiJob is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration body.
- 2 Services provided by EquiJob
EquiJob offers its users an independent portal for job placements in the horse industry. EquiJob enables users to acquire information about job offers and to apply via the portal or to register as a company / job provider and conclude a separate advertising contract for the purpose of placing job advertisements.
EquiJob explicitly points out that the respective employer or client (herein after referred to as “PROVIDER”) is exclusively responsible for the content of the job advertisement. EquiJob is also not involved in a possible conclusion of an employment contract, but only provides the technical framework for establishing contact between PROVIDER and job seeker.
EquiJob does not guarantee the constant and universal availability of the website and the portal, as this may be impaired, for example, by disruptions to the services of the public communication networks, the power supply or other circumstances beyond EquiJob’s control. EquiJob also reserves the right to temporarily restrict the service due to maintenance work or further development to the extent necessary. The company does not warrant or make any representations that the information and content provided on the website or the portal is complete, accurate or up to date in all cases.
- 3 Requirements for the use of the website
Any natural or legal person is entitled to use the website and the portal.
Natural persons must be of legal age and have legal capacity if they wish to apply via the portal. Persons under 18 years of age require the consent of their legal representative.
- 4 Registration
Visiting the website is free of charge and possible without registration. However, PROVIDERS must register on the website before they can actively use the platform, i.e. place a job advertisement. Users who are not PROVIDERS must register in order to use the watch list. All other functions of the website, such as job search or sending an application, are possible without prior registration. Registration is free of charge. The placement of job offers by PROVIDERS additionally requires the conclusion of a fee-based advertising contract and the agreement to supplementary General Terms and Conditions.
In order to register, users must enter their e-mail address, a user name and a password and choose whether they are employees or employer. Users who are PROVIDERS may also voluntarily provide further information about their company (e.g. address and telephone number).
Users will receive an email from EquiJob with a link to confirm their registration. A registration that is not completed by first logging on to the website or clicking on the confirmation email link within one week may be deleted by EquiJob. Upon confirmation of the registration by the user, a contract on the use of the website (hereinafter “user contract”) is concluded between EquiJob and the respective user. EquiJob shall confirm the conclusion of the user contract to the user by e-mail and shall send the Terms and Conditions of Use.
Until the registration process has been completed, users may correct their entries directly in the corresponding input fields using the keyboard and mouse functions. Communication between EquiJob and the user takes place via e-mail.
Data requested by EquiJob must be entered correctly. If data changes subsequently, users are obliged to correct the relevant information immediately.
EquiJob may send declarations to users by e-mail, letter or fax to the addresses provided as current contact data in their accounts.
- 5 Contract duration and termination
The user contract between EquiJob and registered users is unlimited. The contract may be terminated by the contracting parties at any time without notice. The termination is effected by deletion of the user account, which users, who are not PROVIDERS, can carry out themselves under the menu item “My Account”. Users who are PROVIDERS can only delete their user account in writing by sending an e-mail to firstname.lastname@example.org, by post or via the contact form provided, stating their user name and customer number.
- 6 Duties of conduct of the user, indemnification from violations
Users may not disclose access data to third parties.
Users have to keep their passwords safe and secret. Every user is obliged to inform EquiJob immediately if there are indications that their user access has been misused. In principle, users are liable for all activities carried out using their user access and indemnify EquiJob against any claims for damages by third parties, unless a user is not responsible for misuse.
Information provided by users is not checked by EquiJob. However, if EquiJob becomes aware that a user has violated these Terms and Conditions of Use or any statutory provisions, illegal content will be removed immediately or access to this content will be blocked.
EquiJob points out the following:
When publishing documents and other information or objects affected by the rights of third parties, the user guarantees that he/she has the necessary rights to do so, such as the rights of use for a photo.
The user assures that his/her personal data and qualifications correspond to the truth.
The user guarantees that he/she is a real interested party or job applicant and that he/she does not use the website or the portal for any purpose other than a serious application or job search. Users shall ensure that their use of this website complies with these Terms and Conditions of Use.
Users may not use the website to
- engage in any activity that is directly or indirectly unlawful, harmful, immoral, threatening, harassing, disingenuous, or otherwise unlawful,
- offends the privacy of others, is hateful or racist, sexually ethical or otherwise invasive,
- carry out activities that violate or may violate the rights of third parties,
- disclose or transmit content to third parties to which the user has no rights,
- enter any unobjective, irrelevant, misleading, and intentionally untrue or false information into the system,
- deliberately carry out activities that lead to system malfunctions.
Furthermore, the user undertakes to refrain from
- impersonating any other person or entity,
- intentionally providing false information when applying online.
Every user is obliged, except where he/she is not at fault, to indemnify, hold harmless and defend EquiJob at his/her own expense against all claims, actions or lawsuits of third parties against EquiJob or its legal representatives or vicarious agents, as well as against all associated obligations, damages, settlements, penalties, fines, costs or expenses (including but not limited to attorneys’ fees and other reasonable negotiation costs) incurred by EquiJob or its legal representatives or agents as a result of or in connection with a breach by the user of these Terms and Conditions of Use or of any applicable laws, regulations or requirements in connection with the use of the Website. In such a case, EquiJob shall inform the user in writing of such claims, actions or lawsuits. The user shall participate as far as possible in the defence against all claims.
- 7 Contract duration and termination
EquiJob may take the following measures if there are concrete indications that a user is violating legal regulations, the rights of third parties or these Terms and Conditions of Use, or if EquiJob has any other legitimate interest, in particular for the protection of other users:
- warning (formal warning) of users,
- temporary, partial or permanent suspension of the user.
EquiJob may exclude a user from active use of the portal (final block) even if the user provided false contact data when registering, in particular a false or invalid e-mail address, if he/she significantly damages a PROVIDER or EquiJob or if there is another important reason.
As soon as a user has been temporarily or permanently blocked, he/she may no longer use the portal with other user accesses and may not re-register. A locked account cannot be restored, there is no right to recovery.
EquiJob reserves the right to take legal action in any case.
- 8 System integrity and website disruption
Users may not use any mechanisms, software or other scripts when using the job portal that may interfere with the functioning of the website, in particular those that enable automated page views to be generated.
Users shall not take any action that may impose an unreasonable or excessive load on the infrastructure.
Users may not block, overwrite or modify any content generated by EquiJob or otherwise interfere with the website.
- 9 EquiJob’s liability
EquiJob may be held liable for material defects and defects of title without limitation if the cause of the damage is based on intent or gross negligence. EquiJob is liable for slightly negligent breaches of material obligations (if their breach threatens the achievement of the purpose of the contract) and for the breach of cardinal obligations (if their fulfilment is essential for the proper performance of the contract and if the user regularly relies on their compliance), but in each case only for foreseeable damage typical of the contract. EquiJob shall not be liable for slightly negligent breaches of other obligations.
The limitations of liability of the preceding paragraph shall not apply in the event of injury to life, body or health.
If EquiJob’s liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.
- 10 Privacy
The collection, processing and use of users’ personal data by EquiJob takes place in compliance with applicable data protection regulations and in accordance with our Privacy Statement.
- 11 Amendment of the Terms and Conditions of Use
EquiJob reserves the right to amend these General Terms and Conditions of Use at any time and without stating reasons. The amended conditions will be sent to the users by e-mail at the latest two weeks before they come into effect. If a user does not object to the validity of the new Terms and Conditions of Use within four weeks after receiving the e-mail, the amended terms shall be deemed accepted. EquiJob will separately inform the user of the significance of this deadline in the e-mail containing the amended terms and conditions.
Date: 22nd May 2018