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Terms of Use

§ 1 Preliminary provisions
  1. All subsequent provisions relate to the Internet project of Experteer GmbH, Munich, that is operated under different Internet domains belonging to Experteer GmbH (including www.experteer.de, www.experteer.at, www.experteer.ch, www.experteer.com, www.experteer.fr, www.experteer.be, www.experteer.it, www.experteer.co.uk) - hereinafter referred to as "Experteer CAREER".
  2. These provisions define the conditions under which Experteer CAREER is to be used. These Terms of Use apply for all users of Experteer CAREER, even if they use or access Experteer CAREER from outside the Federal Republic of Germany.
  3. By registering with Experteer CAREER, the user bindingly declares to have read and understood these Terms of Use and to agree to them. If he does not agree to them he must refrain from registering. Persons who have not yet turned 18 are not permitted to use this service.
  4. Experteer CAREER is an Internet platform that provides users with different services in relation to searching for jobs and establishing contact. Unless explicitly detailed otherwise, all new offers that extend or improve current services - which includes the offer of new services - are subject to these Terms of Use. The services are offered in a design approved by Experteer CAREER and are subject to availability.
  5. Experteer CAREER reserves the right to change, interrupt, or withdraw all or individual services temporarily or permanently at any time, and to communicate or not communicate this to the user. The user hereby consents that Experteer CAREER is not liable towards him or third parties for changes, interruptions, or the withdrawal of individual or all services.
  6. The Internet services will normally be available 24 hours a day, 7 days a week. Experteer CAREER endeavors to achieve the highest possible availability of the servers and thus the contents and saved messages, but is unable to guarantee this or commit to specific availability percentages.
  7. Experteer CAREER is unable to guarantee successful job placements during the contractual term. Experteer CAREER will only endeavor to provide a job placement service but not its success. Experteer CAREER is therefore not liable in situations where a successful job placement is not achieved during the contractual term.
  8. Every user must release Experteer CAREER from any liability and from all obligations, charges and claims resulting from libel, insult, violation of personal rights, failure to provide services for users, or damage to immaterial assets or other rights. Any costs incurred by the service or its managers, directors, employees, representatives and/or third parties in this regard for appropriate legal defense or action against the third parties will be at the user's expense.
§ 2 Copyrights
  1. Registration in accordance with § 1 (3) does not involve a transfer of property rights or rights of use, licenses or other software rights to the user. All rights to the software used, IDs, titles, brands, and copyrights as well as other commercial rights of Experteer CAREER remain with Experteer CAREER without restriction. All published work results and information are subject to Experteer CAREER's copyright. This only excludes published work results and information created by the user or a third party and taken over by Experteer CAREER without any changes to be published on the Internet.
  2. The user is solely responsible in terms of press law, competition law, and otherwise for the contents he has provided for publication. By registering, the user confirms that he has obtained all rights of use required for placement on the Internet by the owners of copyrights, ancillary copyrights, and other rights to the documents and data he has provided or that he is permitted to freely use them.
§ 3 Data protection
  1. Experteer CAREER is particularly concerned about keeping user data secure and protected. Experteer CAREER undertakes to comply with the legal data protection provisions and the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and the Teleservices Data Protection Act (Teledienstedatenschutzgesetz, TDDSG) in particular.
  2. We herewith notify you in accordance with § 33 (1) BDSG as well as § 4 of the Teleservices Data Protection Directive (Teledienstedatenschutzverordnung, TDSV) that Experteer CAREER saves and electronically processes user data in machine-readable form.
  3. Personal data are collected, saved, processed, and used as part of the contractual provision of services. Personal data are data that contains details on personal or material circumstances of a specific or specifiable user. Such data are saved electronically. Data are also recorded when Internet pages are called up.
  4. Upon request, Experteer CAREER will provide the user with all the information on the data saved relating to the user, free of charge.
  5. Experteer CAREER does not pass on any personal individual data to third parties. An exception is, of course, the publication of the profile in which the user entered data for this purpose and the publication of which the user has agreed to by registering. The user can individually determine at any time to which group of persons his profile is to be displayed in full or anonymously.
  6. The personal settings that a user enters are saved. This ensures that a user's personal settings are available to him again in every new session (whenever he logs in again). Experteer CAREER normally uses cookies for this purpose. The user's browser permanently saves these cookies on his hard disk. To prevent this, the user can change the appropriate browser settings.
  7. If a user accesses the services of Experteer CAREER via a partner site (affiliate), the anonymized data are saved in a cookie. These cookies do not contain personal user data but are only used to maintain the partner program. These cookies are automatically deleted once the user registers. Without registration the cookies are automatically deleted after 30 days.
  8. The user consents to Experteer CAREER using his anonymized user data for the purposes of consulting, advertising, market research, and for improving and designing the service in a demand-oriented manner. In accordance with § 4 (3) of the TDDSG, any user can object to the anonymized user data being transmitted to third parties for the purposes of consulting, advertising, and market research as well as to an anonymized usage profile being created. The right of objection can be exercised by sending an E-mail to info.us@experteer.com.
  9. The user explicitly consents to receiving E-mail newsletters. These newsletters are an integral part of the service and regularly inform the user about current, labor market-relevant topics and news concerning Experteer CAREER. In addition, member-specific messages are sent. The newsletter can be cancelled at any time via the link at the end of the respective newsletter.
  10. By registering, the user declares his consent for his data to be used in accordance with the provisions above.
  11. You are entitled to view the personal data we have saved in relation to you at any time and free of charge. This information is provided in writing. Please send the written request for information together with a copy of your driver’s license to Experteer GmbH, Lenbachplatz 3, D-80333 München, Germany.
  12. The "Public directory of procedures in accordance with § 4e of the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG)" can be called up here .
§ 4 Conclusion of the contract
  1. The user confirms vis-à-vis Experteer CAREER that he has reached the age of 18.
  2. Experteer CAREER is entitled to check the user's personal data based on suitable official documents. The user therefore promises to send to Experteer CAREER copies of official documents - the driver’s license, in particular - upon request.
  3. The contract is deemed to be concluded as soon as the user has successfully registered with Experteer CAREER.
§ 5 Costs
  1. Entering and changing a profile is free of charge. The user can also receive an unlimited quantity of responses to this advertisement for free and have limited access to the job database.
  2. If the user wishes to use the job database in full and without any restrictions or if the user wishes to respond to incoming messages, he will only be able to do so as a paying user (premium membership).
  3. The fees for the chargeable user status can be viewed here .
  4. If the user wishes to use a chargeable service, he will be made aware of the obligation to pay beforehand. The costs for the chargeable service and the form of payment will be explained.
  5. Objections to the costs debited or costs invoiced must be raised in writing by the user to Experteer CAREER no later than 14 days after the costs under dispute have been debited or the invoice under dispute has been received, and reasons for the objections must be provided. If the user does not raise any justified objections within this 14-day period, the costs debited or invoiced will be deemed to be accepted.
§ 6 Payment terms
  1. Payment of the charge mentioned in § 5 (3) must be made to Experteer CAREER in advance and without any deductions. The amount will be automatically debited from the user's account or transferred by the user. The payment interval upon conclusion of a premium membership depends on the term selected and may be 30 days or a multiple thereof.
  2. By registering and providing the relevant bank or credit card details, the user provides Experteer CAREER with a direct debit authorization or with an authorization to debit the user's credit card.
§ 7 Obligations of the users
  1. The content of the profile is the sole responsibility of the user.
  2. It is not permitted to store in the profiles any content of a sexual or pornographic nature, content that violates accepted moral standards, or any politically radical or other illegal content.
  3. It is not permitted to create profiles for third parties.
  4. It is not permitted to use profiles to commercially advertise for personal purposes or for third parties. This particularly applies to advertisements for other Internet offers or advertisements for chargeable service numbers.
  5. It is not permitted to create profiles in order to use the resulting E-mail responses for the purpose of collecting E-mail addresses for commercial use.
  6. The user has no legal claim to publication of his contents.
  7. Photos that are sent to Experteer CAREER in order to be published as part of the profile must be up-to-date and allow identification of the relevant user. The entire face must be visible. Experteer CAREER is not liable in any case for the violation of any existing third-party copyrights to the photos.
  8. The content of responses to profiles is the sole responsibility of the user.
  9. All users must treat as confidential E-mails and other messages or other data they receive in connection with using Experteer CAREER and they must not make these available to third parties without the originator's consent. The same applies for names, telephone and fax numbers, postal and E-mail addresses and/or other users' URLs. It is also not permitted to forward any non-user data.
  10. It is not permitted to store in responses any content of a sexual or pornographic nature, content that violates accepted moral standards, or any politically radical or other illegal content. It is also not permitted to threaten or disturb others, to violate the rights of others (including personal rights), or to promise or demand cash or cash-equivalent services.
  11. It is not permitted to use responses to commercially advertise for personal purposes or for third parties. This particularly applies to advertisements for other Internet offers or advertisements for chargeable service numbers.
  12. Experteer CAREER checks profiles in accordance with the options available for compliance with these usage terms. However, Experteer CAREER does not accept co-responsibility for the content of the profiles.
§ 8 Dissolution of the contract, termination
  1. The user is entitled to withdraw from the contract concluded at any time. The user is not entitled, however, to receive a refund for the fee paid to Experteer CAREER.
  2. If a user violates these Terms of Use, Experteer CAREER is entitled to block access or delete the corresponding entry in full at any time. If case of doubt, Experteer CAREER is entitled to make the final decision on the permissibility of the usage in question.
  3. If a user's access is blocked as a result of a contract violation, Experteer CAREER retains any unused credit on a pro-rata basis in accordance with the previous usage period plus a lump-sum processing fee of EUR 25 for preventing the contract violation.
  4. Any incorrect details in the profile made on purpose or with the intent of fraud may lead to civil law action. This causes the contract to be dissolved without delay without any reimbursement of the fee paid to Experteer CAREER.
  5. Following termination of the contract, Experteer CAREER will delete all data pertaining to the user.
§ 9 Liability limitations
  1. Experteer CAREER does not accept liability for damages resulting from the use of its Internet platform, interested parties, users or third parties.
  2. Experteer CAREER does also not accept any liability if its Internet platform is disrupted, functionally impaired or destroyed due to force majeure, strike, lockout, operational disruptions or external structural damage.
  3. Experteer CAREER excludes any warranty for the functionality of the Internet platform and makes no assurances regarding the correctness, suitability, reliability, punctuality or accuracy of the information placed thereon. This particularly applies for the salary details and salary ranges detailed.
  4. Experteer CAREER is not liable in situations where unauthorized third parties obtain knowledge of personal user data (e.g. unauthorized access by "hackers" to the Experteer CAREER database).
  5. Experteer CAREER is also not liable in situations where third parties misuse details and information made available to them by the users themselves.
  6. Experteer CAREER does not accept responsibility for any delay, deletion, incorrect transfer or storage failure of communication between users or in connection with personally designed areas.
§ 10 Experteer Benchmark
  1. We try to provide a salary benchmark against the job advertisements on the Website as a guide to the level of salary in that industry segment. We calculate this salary benchmark using our own models which provide indicative results based on the target salaries of market leaders in the relevant industry segment.
  2. The user declares his consent to applying the amended Terms of Use to contracts that were concluded before the amendment if Experteer CAREER notifies the user that the Terms of Use have been amended and if the user does not object to the amendment within a period of two weeks starting from the day following the notification of the amendment.
  3. The salary benchmark does not state the actual remuneration paid for the position on offer or reflect the actual salaries offered or normally paid by any company offering that position.
§ 11 Amendments to the Terms of Use
  1. Experteer CAREER reserves the right to redesign the Terms of Use.
  2. The user declares his consent to applying the amended Terms of Use to contracts that were concluded before the amendment, if Experteer CAREER notifies the user that the Terms of Use have been amended and if the user does not object to the amendment within a period of two weeks, starting from the day following the notification of the amendment.
  3. In addition to the reference to making available the amended text, the amendment notice must also include the reference to the opportunity to object and the period of objection, as well as the significance or consequences of not objecting. The amendment notice can be sent by E-mail to the E-mail address provided by the user.
§ 12 Other provisions
  1. All content of Experteer CAREER is protected by copyright. It is not permitted to copy or otherwise publish content which includes, in particular, user profiles and E-mail addresses, unless Experteer CAREER has authorized this in writing.
  2. Experteer CAREER is not liable for damage to computer systems or personal annoyances or damage to users of Experteer CAREER that is attributable to viewing and using Experteer CAREER, responding to a profile, a fault of Experteer CAREER's Internet or hosting provider or to calling up external links (includes advertising banners).
  3. Experteer CAREER may exclude users from further using individual or all offers of Experteer CAREER or rejecting individual profiles without notice and without having to provide a reason.
  4. If an excluded user continues to use Experteer CAREER's Internet offer - e.g. by assuming a different identity - Experteer CAREER reserves the right to take legal action.
  5. The operation of Experteer CAREER is at the sole discretion of Experteer CAREER. Experteer CAREER is entitled but not obligated to check the content of any text and any photo entered in relation to the guidelines underlying these provisions and, if necessary, to amend or delete it.
  6. Experteer CAREER reserves the right to claim for compensation regarding any violation of these terms of use, e.g., due to loss of image. The minimum compensation amount in this case is EUR 500. This is without prejudice to any other claims for compensation.
  7. The contractual relations between the Parties are subject to German law.
  8. The sole place of jurisdiction is Munich, Federal Republic of Germany.
§ 13 Severability

Should individual provisions of these terms of use be or become invalid this will not affect the validity of the remaining provisions of these terms of use. The invalid or incomplete provision will be replaced by or extended to include a provision that most closely approximates to the commercially desired result.

§ 14 Revocation instruction

Right of revocation

You can revoke your declaration of intent to conclude the contract without stating reasons in writing (e.g. letter, fax, E-mail) within 2 weeks. The period commences at the earliest on receipt of this instruction. Sending the revocation within the time limit is sufficient to ensure that the time limit of the revocation is met. Direct the revocation to:

Experteer GmbH
Lenbachplatz 3
D-80333 München
Germany

Telefax number: +49 (0)89 - 5527938-11
E-mail address: info.us@experteer.com

Consequences of revocation

In the case of an effective revocation, the goods and services received by both sides must be returned and, where applicable, benefits derived must be surrendered (e.g. interest). If you are unable to return the goods and services received in full or in part or only in a deteriorated condition, you must compensate us for lost value if necessary.

Special notes

Your right of revocation expires prematurely if your contractual partner has started providing this service with your explicit permission before the end of the revocation period or you have arranged for the service yourself (e.g. by means of downloads).

End of the revocation instruction

Munich, 11.11.2008