By accessing www.jobberbee.de (hereinafter the “website") and your subsequent registration, a contract is therefore concluded between the users and JobberBee with the following terms:
- By registering on the website you enter into a licence agreement with JobberBee and agree to the following regulations. If you do not agree with these regulations, you cannot use JobberBee as a registered member.
- The licence agreement is concluded for an indefinite period and may be cancelled from both sides at any time without notice.
- The use of the service by persons who are under the age of 16 years is not allowed. If over 16 years of age but not yet 18, then using the site is only permitted with the consent of a parent or guardian.
- Consumer means persons within the meaning of section 13 of the BGB (German civil code), that is: natural persons who enter into the relevant transaction for a purpose that cannot be attributed to their commercial or independent professional activity. In other cases, customers are considered business owners, according to section 14 of the German civil code.
- The terms and conditions also apply to other users of the website and its offers, if they are applicable. Thus, for example, the code of conduct is applicable.
- Registering a standard membership (JobberBee Free) is free of charge. In addition, as a registered member you may take the opportunity to avail of the chargeable services. Individuals/consumers can switch from a JobberBee Free-membership to a JobberBee Professional-membership. Companies can choose between two payable member accounts (JobberBee Professional and JobberBee Ultimate). The precise scope of the account types and the costs are substantiated on the site.
- If members opt for a paid membership account, special conditions are applicable, which are referred to separately and are available at www.jobberbee.de/terms_and_conditions.
- Furthermore, for certain applications (e.g. offers from third parties), additional or special conditions are also applicable. In this case JobberBee will specifically point out these additional conditions.
- The use of certain applications on JobberBee may be limited to certain users and made subject to additional conditions. You will be notified of any limitations before their application.
- These Terms and Conditions shall apply from the beginning of the current usage.
3. Scope of services
- The JobberBee package includes the website, including the individual sub-sectors within the site (e.g. messaging system, search capabilities, network, etc.). This also includes mobile access to the website through a mobile application (mobile use).
- JobberBee serves as a platform for contractors (job seekers) to find paid employment (jobs), as well as for clients, to facilitate the search for contractors. For this, JobberBee provides a portal giving database access that can be searched by the users according to predefined criteria. The client may place job offers in the database. The contractor shall only indirectly provide their job requests in the database, entering their skills and locations in their profile and blocked appointments in their calendar. The jobs are automatically assigned on the basis of the registered profiles and calendar data and offered to the most suitable contractor without obligation.
- Users also have the ability to search for jobs and potential contractors, using this to get in touch with the person, aiming to conclude a contract. In the context of a social-media platform, the exchange of messages between all users is enabled via the portal.
- JobberBee constantly strives to further develop the site, to maintain it, and to provide services. It is continuously expanded and adapted, based on various factors such as the user's requirements, market requirements and the technical and economic situation after appropriate consideration. Therefore, the offer includes the site at its current stage of development. However, users have no right to demand that the offer remains unchanged in its content and scope, or provides certain functions. Also, there is no obligation that the site is always accessible and available and working correctly.
- JobberBee also reserves the right to make the site or parts of it unavailable. Before the site is adjusted or features are changed, which may lead to loss of user data, JobberBee is hereupon supposed to (usually via email) give the user the opportunity to secure their own data within a reasonable time (usually 2 weeks).
- Registered users receive emails from JobberBee about job offers that suit the individual, according to their user profile. Users consent to receiving these e-mails whereby this service can be cancelled in user preferences.
4. Employment contracts between users, legal advice
- JobberBee provides the contacts platform exclusively for its users. This means that JobberBee acts neither as an employment agency, nor as a partner for one of the contractual relationships arising from the platform.
- JobberBee shall neither be liable for claims arising from the contractual relationship between the users (i.e. between client and contractor), nor for the user’s information in their respective posts (e.g., profile data, applications, jobs, news).
- JobberBee also provides no legal advice on labour relations. The content that is readily available and provided on the website with a legal reference therefore serves for informational purposes only.
5. Third party services
- JobberBee reserves the right to cooperate with third party services (e.g. individual applications, advertising, etc.).
- As far as third party offers are concerned, JobberBee is neither counterparty nor vicarious agent. The third party’s terms and conditions are applicable. An obligation on the part of JobberBee does therefore not exist in this context.
6. Users obligations
- When registering on the website you are required to complete the requisite fields in the registration form honestly and correctly. Successful registration is only possible upon full completion of the mandatory fields and when a valid e-mail address is provided.
- The user can set up how many of their details are visible to other users. The username is always displayed and is also visible for other users and is findable, for example, using the search function.
- As far as you provide your own contributions and/or profile data (i.e. job offers or applications along with appropriate content, such as text contributions, images, logos, videos) on JobberBee, you ensure that the content does not violate applicable law, or infringe the good morals or rights of other parties. Specifically, you agree that you have the right to place links and content used in your content and posts. There is no fee for the texts, images, photos, videos or any other content that is made available for you.
- The content submitted by you must be thematically appropriate and provide the reader with an informative added value. Articles and images may not use pure advertising language, nor include pure advertising messages, which are not related to job search. In particular, the content may not violate current laws or good morals. JobberBee reserves the right to remove any content that does not meet these requirements, without consulting the users.
- Also, the JobberBee messaging system may not be used to harass other users or send them advertising (so-called spamming). This also applies for the recommendation function that can be used to invite others to join JobberBee.
- Users are solely responsible for the content of their advertisements and contributions and any content provided. This is especially true for possible copyright infringements and trademark rights.
- The credentials and contents of the user accounts (name, profile pictures, texts and videos) may not be offensive or defamatory to others as well as not correspond to other people (e.g. celebrities) or companies, if you do not represent those persons or businesses.
- JobberBee wants to avoid so-called "fake profiles" and duplicate registrations. As individuals, you may therefore only be registered with one account on JobberBee at any time.
- In order to smoothly receive emails from JobberBee you need to make sure that emails with the sender "@ jobberbee.de" are removed from your spam filter.
- Submitting your email address when registering enables JobberBee to identify and contact you. JobberBee is entitled to send you messages regarding technical issues, the operation and functionality of the site. We therefore request that you keep your email address up to date. As far as you are not reachable using your email address and any non-availability is at your responsibility (outdated address, mailbox inaccessible etc.), then the resulting disadvantages are at your expense, i.e. the email is regarded as delivered.
- It is forbidden to sell or transfer your account to a third party.
7. Rights of JobberBee
- You allow JobberBee to edit, delete or block your user account, contributions and features at any time without requiring a legal reason.
- JobberBee also reserves the right to offer you payable services and contents. In this case JobberBee will inform you in advance about the prices and conditions.
8. Users content, granting of rights
- JobberBee must be granted users’ rights to host their content, in order to operate the website. Therefore, by creating and transmitting content including media content on the website, you grant JobberBee the simple, temporally and spatially unlimited and royalty-free right to use the content created within the site. In particular, this right includes the right to make content on the site or, where appropriate, other media (e.g. emails from JobberBee to other users) publicly available (worldwide) and to copy / distribute it. You also waive your right to being credited by name. This is only for JobberBee’s operation. Your content will not be passed to third parties who are not connected with the website’s operation. Also, this does not limit the use of your content outside of JobberBee.
- This right is retained even after termination of the Licence Agreement. This regulation is required by JobberBee due to pure organisational and technical reasons. As user content, e.g. reviews, features or job assignment messages are retained even after deleting an account. The contents will not be used for any other purposes on JobberBee and are grouped with the deactivated, anonymous user accounts. By being granted these rights JobberBee makes the user’s content our own but not in the sense of liability standards. The granting of rights only serves to facilitate the management and use of information while operating the JobberBee platform.
9. Termination of the contractual relationship
- JobberBee exercises house rules on its website. This means that JobberBee can ban you or exclude you temporarily or permanently from using the site for violations of these conditions, the TOC for paid content, laws and/or other rules published on the website.
- You may cancel your membership at any time. Cancellation is possible via the account settings and by deleting your account.
- If you do not use your membership or any other service for more than a year, JobberBee reserves the right to terminate the contractual relationship and delete your data and your registration without prior notice.
- Prior to the termination of their membership, users have the option to save their uploaded content (e.g. to secure employment references) themselves. However, this is solely the user’s responsibility. JobberBee does not provide an archiving facility.
10. Liability under Telecommunication laws
You acknowledge that JobberBee assumes no responsibility for content that JobberBee has not created itself or for content that JobberBee has no awareness of.
11. Limitations of Liability
- JobberBee is liable with the exception of injury to life, body and health and the violation of essential contractual obligations (cardinal obligations) only for damage caused by wilful misconduct or gross negligence. This particularly applies to consequential damages, such as profit losses.
- The limitations of liability of these conditions apply, mutatis mutandis, for the benefit of JobberBee’s employees and agents.
- Liability claims for urgent national law shall not be affected.
12. Indemnifications against liability
- In the case that JobberBee has to answer for your actions or your content posted on the platform (e.g. due to a user using copyrighted pictures), JobberBee and its agents are free from all claims and the necessary expenses incurred in connection with the defence of claims, which third parties could assert and present infringements against JobberBee because of your offense.
- Necessary expenses include, in particular, court and legal costs for the statutory amount.
- You are also obliged to inform JobberBee truthfully, promptly and fully about infringements and inform of any circumstances that serve to defend third party claims and to let us have all necessary materials for this purpose.
13. Participation in competitions
As far as competitions can be carried out on the JobberBee website, the terms and conditions set out therein are applicable.
- You have the right to object to the amendments or changes. In case of contradiction JobberBee reserves the right to terminate the contractual relationship that exists between JobberBee and you with immediate effect.
- The amendments shall be deemed as accepted and binding if you have not objected to the changes within 14 days.
16. Governing Law, Jurisdiction, Final provisions
- The laws of the Federal Republic of Germany are applicable to the contractual relationship between you and JobberBee, provided no mandatory rules oppose.
- If the user is a merchant, a legal entity under public law or a special case under public law, the jurisdiction of the JobberBee’s office is the jurisdiction for all disputes arising from this contractual relationship.
- The contract language is German.
- Should one or more of the provisions of this contract be or become invalid, the validity of the remaining provisions shall not be affected. The parties are obliged to replace the invalid provision by a valid provision that can best achieve the intentions of the contract.
Effective: Mai 2018