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Terms and conditions for use of the www.top-jobs-europe.com website

top-jobs-europe Consulting GmbH

§ 1. General

The job exchange available on the www.top-jobs-europe.de website ("Job Exchange") is a service provided by top-jobs-europe Consulting GmbH, Ernst-Heinkel-Ring 22-28, 85662 Hohenbrunn ("TJE"). These terms and conditions for use apply to all use of the Job Exchange or of the www.top-jobs-europe.de website with all subsidiary sites, areas and functions ("Website"). If the user is not fully and unconditionally in agreement with these conditions for use or the requirements set out there, or if he/she is unable to meet the requirements set down there, he/she is not permitted to use the website.

TJE currently operates a job exchange in the form of an online platform where businesses and agencies can link up with candidates.

Registered candidates can save a candidate profile and job request on the website, making themselves available for searches by businesses with vacancies.

Registered businesses/ entrepreneurs are offered the opportunity to publish job advertisements on the website and to contact prospective candidates. The following terms and conditions for use apply to the placement of job advertisements.

Unregistered users can search the website for job advertisements from businesses and can apply for these. In addition, the submitted candidate profiles can be viewed by registered applicants.

Definitions:

Candidates: Candidates are jobseekers who have registered to use the site.

Employers: Employers are all registered businesses.

Registered users:Registered users include both (registered) candidates and (registered) employers.

Non-registered users: Non-registered users are all website users (in other words jobseekers and businesses) that have not registered.

Users: Users are all candidates, employers and non-registered users of the website.

§ 2. Registration/ login

(1) There is no need to register when simply searching for jobs or candidate profiles. On the other hand, more advanced website functions (e.g. saving a candidate profile or placing a job advertisement) are only available after prior registration.

(2) Candidates who wish to register must specify their e-mail address and a self-selected password (mandatory fields, candidates). Other information can be stored on an optional basis. It is possible to use the platform and, in particular, to set a candidate profile, after clicking "Login".

(3) Employers who wish to register must indicate the company in question, its address, the contact within the company, the telephone number and the e-mail address, user name and password (mandatory fields for employers). Clicking the "Login" button transfers the information to TJE. THE will send the access data to the employer by e-mail.

(4) The completion of the mandatory fields as part of the registration process and clicking the “Login” button gives rise to a contract of use between the registered user and TJE. The content of the contract of use with the candidate depends on the provisions of these terms and conditions (excluding Article 4), in particular Article 3. The content of the user contract with the employer depends on the provisions of these terms and conditions (excluding Article 3), in particular Article 4.

(5) When registering, both candidates and employers are obliged to supply truthful information and to update the information stored immediately in the event of any changes (e.g. relocation). If the registered candidate or employer fails to fulfil these obligations, TJE shall be entitled to terminate the contract (see Article 6 paragraph 2).

(6) TJE reserves the right to refuse users access or registration rights if they have previously breached these conditions for use, in particular after termination in accordance with Article 6 paragraph 2.

§ 3. Contents of the contract of use with the registered candidate

TJE provides the candidate with a jobseeking platform. Here the candidate can search for job offers from registered employers and submit applications for these. He can set up a candidate profile that will enable him to present himself and to be found by employers looking to fill a vacancy. Employers cannot contact the candidate directly. This is only possible by means of prior brokering by TJE, whereby the candidate must agree to be contacted by the registered employer.

§ 4. Contents of the contract of use with the registered employer

TJE provides the employer with a platform for finding suitable Candidates. The employer can publish its job advertisements there and/or search for suitable applicants. If the employer wishes to contact a candidate, this is only possible through prior brokering by TJE. TJE cannot guarantee successful contact, as the candidate must agree to the establishment of contact, but may decline such contact without giving a reason.

§ 5. Individual content

(1) Registered users can publish and display individual content, in particular text content, in their user profiles. However, it is strictly forbidden to publish, display or send content within the context of the website that breaches or facilitates or promotes the breach of current laws. In particular, it is strictly forbidden

(2) The employer hereby authorises TJE to use brands or trademarks insofar as these are affected by the publication of the job advertisement. The employer offers an assurance of its authority to issue approval.

(3) If content is provided in the user profile that, in the opinion of TJE, breaches the aforementioned prohibition and if this comes to the attention of TJE, TJE is entitled

(a) to decline to publish the relevant content if TJE becomes aware of the breach in advance,

(b) to eliminate the breach by completely deleting the relevant content,

(c) to temporarily or permanently block registration or access without prior notice,

(d) to terminate the concluded contract with immediate effect and

(e) to inform the responsible authorities, in particular the police and state attorney within the legally appropriate framework and to transfer all the necessary data insofar as TJE is entitled or obliged to do so. TJE reserves the right to examine content prior to publication.

(4) If, in the opinion of the user, content is illegal or, in particular, breaches the user's rights, the user is requested to inform TJE immediately by e-mail, supplying the relevant contact data. In the event of complaints, TJE shall examine the content in question after receiving the data required for the identification and examination of the required data and, if necessary, shall remove it from the website or block access to this content. TJE shall not accept further liability for third party content, in particular in relation to compensation claims.

§ 6. Period of use/termination

(1) Candidates or employers can terminate the contractual relationship immediately at any time without offering reasons (e.g. by deleting the user profile).

(2) TTJE and candidates or employers can also terminate the contract at any time for cause. Candidates or employers can also terminate the contract at any time for cause. Due cause for TJE applies in particular in the event of a breach of the provisions of Article 2 Paragraph 5 (untruthful information), Article 5 Paragraph 1 (inadmissible content), Article 8 Paragraph 1 (disclosure of login details), Article 8 Paragraph 2 (inadmissible usage), Article 9 Paragraph 4 (inadmissible measures) or Article 10 Paragraph 1 (faulty allocation of rights) of these conditions for use and in cases where TJE has a well-founded suspicion that the user data entered is incorrect or relates to a third party.

(3) TJE offers no guarantee that the website and all current functions will be provided in this form. TJE reserves the right to adjust or alter the website and its functions as a whole or on a partial basis. TJE shall inform the registered users or key changes in advance.

§ 7. Usage charges

(1) Candidates can use the website free-of-charge. The website can also be used by the employer free-of charge. Charges are associated with the placement of job advertisements and are based on the current price list. In the event that a candidate brokered through the website is appointed, a bounty fee will be agreed. This will be regulated in a separate contract.

(2) TJE expressly reserves the right to offer already existing areas or functions on the basis of usage charges. TJE shall inform the registered users accordingly in good time.

§ 8. Duties of the registered user

(1) Users are obliged to treat their access data as strictly confidential and to prevent third parties from accessing it. If there is a suspicion or certainty that a third party has had access to the access data, TJE must be informed immediately by e-mail. If the access data of another user is revealed, it is forbidden, even with the permission of the other user, to log in with this access data instead of one's own.

Users shall be liable for all damages incurred by TJE through the misuse of its access data until this is reported.

(2) The website is only available for proper use. Other uses are forbidden, for example:

(3) In the event that a vacancy is filled, employers are obliged to adjust or delete the corresponding job advertisement on the website.

(4) TJE shall try to optimise its websites in line with the latest technological standards. Because of this wish to stay at the cutting edge of technology, top-jobs-europe.de only supports browsers that are no more than eighteen months old. The user is responsible for ensuring that the current system requirements are met at the time the website, its areas and functions are used.

Changes to the website may necessitate the adjustment of the system requirements so that the range of services can continue to be used. It is a matter for users to carry out the necessary measures at their own cost and expense (in particular software updates). The purchase, installation and use of the relevant software and other programmes or programme components (e.g. plug-ins) are the responsibility and risk of the user.

(5) Registered users shall ensure that they continuously secure the information and content provided on the website to prevent loss of data.

§ 9. Usage rights

(1) By placing a candidate profile or job advertisement on the website, the registered user assigns TJE the geographically and temporally unlimited non-exclusive right to use this content on and in connection with the website (including the advertising of the website and other commercial activities by TJE with reference to the website). In particular, this encompasses the right to save and process the content (in particular to transfer it to other file formats) to change, copy, transfer, publish, distribute, send and execute it and to provide it for downloading and/or to make it available with technical equipment. In particular, permission also entails the right on TJE's part

(a) to keep the content available via WEB and WAP and to use the necessary transmission channels for this purpose, in particular to feed them into digital data networks (e.g. Internet);

(b) subsequent to data transmission to reproduce or publish content via data networks under the terms of (a) at the user's location in full or (c) in part;

to transfer the content via data networks (including mobile phone) for the purposes of permanent storage (downloading).

Granting permission does not entail the right on TJE's part to transfer the content to third parties free-of-charge, provided this does not take place in connection with the use of the website.

(2) TJE is entitled to assign all or part of the rights permitted according to Paragraph 1 to one or more business associated with TJE under the terms of Article 15 German Company Law or other third parties that TJE uses to provide and bill the services associated with the website.

(3) The user recognises that both the website and the content displayed and retrievable there belonging to TJE, other registered users or other third parties are protected by rights designed to protect intellectual property (commercial rights) – in particular copyrights. The user is not entitled to use content belonging to TJE, registered users or other third parties published or displayed on the website, in particular to copy, save, edit and/or sell such content unless this is with the express prior written permission of TJE.

(4) Without prior written permission of TJE, the user is not permitted

(a) to incorporate the website or parts thereof (in particular content such as photos) in its own Internet services or those of third parties by way of linking or framing or to display it in some other way, or

(b) to copy the website or parts thereof (in particular content such as photos) or to reproduce its programming, specifically by way of "reverse engineering",

(c) to offer Internet services, whether at a charge or free-of-charge, that relate to the website and that create the mistaken impression that the user enjoys advantages or that the service is provided with the approval of or in collaboration with TJE.

§ 10. Waiver/ liability on the part of the user

(1) Users are solely responsible and liable for the information supplied or loaded on the website under their user name. Insofar as content is uploaded or integrated in the website in some other way as part of the website, the user offers a particular assurance that this shall not breach any third party rights. The user offers further assurance that it is the owner of all rights assigned to TJE according to Article 9 Paragraph 1 and that the user is fully entitled to assign these rights.

(2) In the event of a culpable breach of these conditions for use on the part of the user, in particular the specific duties in relation to the pursuit of third party claims set down in Article 5 Paragraph 1, Article 8 Paragraph 2 and Article 9, the user is obliged to indemnify TJE against all such claims by third parties and all further damages, costs and expenditure incurred in this context (including legal costs and court costs arising in defending such a claim).

§ 11. Scope of services

(1) TJE shall provide the latest version of its services on the basis of these conditions for use. Because TJE is always trying to improve its scope of services, changes, additions and adjustments to the offer may arise that impair the provision of services.

(2) For regulatory, technical or commercial reasons, TJE also reserves the right to discontinue the service in full or in part at a later date.

§ 12. Warranty/liability

(1) TJE cannot guarantee that the website will be available at all times without disruption or that it will always operate without error or malfunction. Technical circumstances beyond the control of TJE may lead to the unavailability of the Internet or website or to functional impairment. This also applies in the case of maintenance measures and updates. The user declares his agreement with such measures, which shall be implemented outside of normal business hours where possible, and with the reasonable impairment associated with such disruptions. Such temporary unavailability of the website shall not be considered a defect.

(2) TJE shall not accept liability for the loss or deletion of data. Attention is expressly drawn to the registered user's duty to back up data in accordance with Article 8 Paragraph 5

(3) TJE shall only be liable to the user for compensation – whatever the legal grounds – in cases of intent, gross negligence and minor negligent breach of major contractual obligations by TJE itself, its legal representatives or agents. Major contractual obligations are obligations the fulfilment of which permits the orderly implementation of the contract and upon compliance with which the contracting partner may regularly rely. In the case of minor breaches of key contractual obligations, liability shall be restricted to compensation for foreseeable damages typical of a contract of this kind. There shall be no further liability for the provider. This applies in particular to immediate damages. The aforementioned liability restrictions do not apply to culpably caused damages arising from fatalities, physical injuries or damage to health or to liability in accordance with the product liability act.

(4) TJE accepts no liability for the correctness, completeness and legality of the content published by registered users as part of the website. This information is not examined by TJE.

(5) If an employer has commissioned TJE to use the so-called "job crawler" to search for job advertisements from the employer's homepage and to place these on the TJE website, TJE shall not be responsible for possible damages caused through the use of the job crawler. In addition, paragraph 3 shall also apply.

(6) Damages incurred by the user arising from a contract of employment brokered through TJE shall not be covered by the scope of the contract and are therefore not subject to the warranty.

§ 13. Third party content

(1) Third party content may be incorporated as part of the service (e.g. banners, links or microsites). TJE does not claim ownership of this content or of such content as may be reached through links. TJE offers no warranty and accepts no liability for such content.

(2) Insofar as third party services are offered within the context of the website (e.g. through advertising), the use of these services shall constitute a contract between the user and the third party. TJE has no influence over these services or their provision. Paragraph 1(2) shall apply accordingly.

§ 14. Data protection

The data requested by TJE will be gathered, stored, processed and deleted in accordance with TJE's data protection guidelines and the relevant data protection laws.

§ 15. Revocation advice

Right of revocation

In the capacity of consumers, candidates can withdraw their declaration of agreement in writing (e.g. letter, fax or e-mail) within two weeks without providing any grounds. The period begins with receipt of this advice but not before the conclusion of the contract and also not before the fulfilment of the informational obligations according to Article 246 (2) in conjunction with Article 1 Paragraph 1 and 2 Introductory Law to the German Civil Code. The dispatch of the revocation before the revocation dealmine shall be deemed sufficient to meet the deadline. The revocation is to be sent to: top-jobs-europe Consulting GmbH, Albrecht-Dürer-Str. 1a, 82008 Unterhaching, Fax: +49 (0)89 610002-25, E-mail: contact@top-jobs-europe.de

Right of revocation

In the event of an effective revocation, the services and products already received are to be returned and any use made of them should be indicated. If the candidate can only return the services or products received to TJE in full or in part in a poorer state, it must compensate TJE appropriately. The candidate must fulfil payment obligations within 30 days. The period begins for the candidate with the date of dispatching the revocation and for TJE with the receipt of the revocation. The right of revocation shall lapse prematurely if TJE has begun providing the service with express agreement prior to the end of the revocation deadline or if the candidate has arranged this himself.

-- End of the revocation advice --

§ 16. Final provisions

(1) TJE reserves the right to adjust these conditions for use from time to time. TJE shall announce the changes made. These changes shall be deemed to be approved if

(a) these changes are expressly approved (e.g. in the framework of a dialog on the website or

(b) these changes are not countermanded within 4 weeks of receipt of the change announcement by e-mail, whereby TJE will expressly refer to the consequences of failure to register an objection. TJE also reserves the right to deliver the service under a different designation (in particular a different name).

(2) TJE is entitled to transfer the service in full or in part to a third party, who will then offer users the service or parts thereof. Insofar as the service is transferred in its entirety, the third party taking over the service shall take the place of TJE in the contract agreed between the user and TJE. Users will be permitted to terminate the contract in good time, thus preventing the transfer of their contractual relationships.

(3) German law shall apply