Status: April 2024
Previous version: January 2022
1 Registration
In order to use all Workeer functions, you must register.
You can register as an applicant, employer or initiative.
Only natural persons in their capacity as consumers within the meaning of Section 13 BGB may register as applicants. In the case of consumers, registration is only permitted if you are resident and ordinarily resident in Germany. As employers, registration is reserved for entrepreneurs within the meaning of Section 14 BGB.
By registering, companies and initiatives grant Workeer the right to use their logos as a reference.
2 Conclusion of contract
After entering your data, you submit a binding offer to conclude a contract for the use of Workeer by clicking the “Register” button. The offer can only be submitted if you have accepted these terms of use in advance by activating the relevant checkbox and have thus included them in your offer. You can view and correct your data at any time before submitting your offer. If your offer is accepted, you will receive a welcome e-mail from us to the e-mail address you have provided.
3 Scope of application
Registration with Workeer and the use of the areas and functionalities accessible via your user account are governed exclusively by these Terms of Use. Deviating or supplementary terms and conditions of you are not recognized, unless expressly agreed otherwise.
4 Our services
Workeer is a job platform on which international & refugee talents within Germany are brought together with employers who have a positive attitude towards them and with initiatives that support these talents.
Any employment relationship is exclusively between the applicant and the employer in question. We have no influence on the establishment and content of the employment relationship.
The content of the profiles of applicants, employers and initiatives as well as the job offers do not originate from us, but from the respective user. We do not check this content before publication. If you feel that your rights have been infringed by content or if you have any other concerns about this content, please contact us at kontakt@workeer.de. We will investigate the matter and respond appropriately.
On Workeer, we may publish information on the topic of work for international & refugee talent in Germany. This is to be understood as general, initial information, not as comprehensive, binding advice in individual cases. In particular, we do not provide legal advice on residence, employment, social, tax or other legal issues. If you require advice in this regard, we recommend that you consult a lawyer.
Workeer represents and warrants that it will comply with all applicable laws, including the GDPR, in the provision of its services.
5 Your obligations
You will only use Workeer:
as an applicant: to search for suitable employment or initiative for yourself;
as an employer: to search for suitable applicants as employees for yourself; or
as an initiative: for the presentation of your own initiative and its offer to support applicants and/or companies;
use.
Any other use of Workeer for commercial or other purposes is prohibited.
You alone are responsible for the content you post on Workeer. You will only provide truthful information. You will not post any illegal or immoral content on Workeer. In particular, you will not disseminate any offensive, discriminatory, xenophobic, violence trivializing or glorifying, pornographic or sexually offensive or inciting content via Workeer. You will ensure that the intended use of the content posted by you through Workeer does not infringe the rights of third parties.
You will not make your access data accessible to third parties and protect it appropriately against unauthorized access by third parties.
6 Granting of rights
“Intellectual property” within the meaning of this contract includes all current and future trademark rights, copyrights and related property rights, design and patent rights, registered designs and comparable property rights.
Unless otherwise agreed, all Intellectual Property of the parties or their licensors shall remain the sole property of the respective party or its licensors. Unless otherwise agreed, neither party shall grant the other party any rights of use or exploitation of its Intellectual Property or that of its licensors.
During the term of the contract, you have the simple, non-exclusive, non-transferable right - without the right to grant further rights of use - to use the functionalities of Workeer within the Federal Republic of Germany in accordance with the contract for the purposes specified in section 5.
During the term of the contract, we have the simple, non-exclusive right to use all content posted by you on Workeer worldwide for the purpose of providing Workeer or its functionalities to you and to allow our vicarious agents to use them accordingly.
Unless otherwise agreed, Workeer may, during the term of paid memberships, use the company's logo to advertise the job advertisements posted on external channels.
7 Remuneration
The use of Workeer for applicants and initiatives is free of charge.
Employers have the opportunity to create a profile free of charge, which is publicly visible and can be contacted by applicants.
In addition, there are several fee-based offers for employers. The amount of remuneration for these individual services is based on Workeer's price list in the version valid at the time the order is placed. All prices are net prices in EUR plus the applicable statutory VAT.
8 Term, termination
The use of the platform is concluded for an indefinite period. It may be terminated by either party at any time without stating reasons. Termination of use may be effected by written notice of termination or by deleting the profile independently.
If a paid service has been used, there are various memberships that are associated with a variety of services that can be found in the price list. These memberships are automatically renewed at the end of the selected service period. They can be canceled at any time up to the end of the completed service period. They can be canceled via My Account -> Memberships -> Cancel.
The obligation to pay for the booked service period in full remains unaffected by termination or deletion of the profile.
9 Limitation of liability
(a) We shall be liable without limitation for damages in accordance with the statutory provisions in the event of (i) breaches of statutory provisions, including data protection obligations (ii) fraudulent concealment of defects; (iii) willful or grossly negligent breaches of duty; (iv) damages resulting from injury to life, limb or health; and (v) damages caused by delay in the costs of legal action (Section 288 (6) BGB).
(b) We shall also be liable for damages outside the cases regulated in Section 9 (a) in the event of a culpable breach of material contractual obligations (cardinal obligations). In this case, however, our liability shall be limited to compensation for foreseeable, typically occurring damage. Essential contractual obligations in the above sense are obligations whose fulfillment makes the proper execution of the contract possible in the first place or whose breach makes the proper execution of the contract impossible and on whose fulfillment you may regularly rely.
(c) In addition to clauses 9 (a) and (b), any liability on our part arising from or in connection with the contractual relationship with you - regardless of the legal grounds - is excluded.
(d) The above limitations and exclusions of liability shall not apply to liability under the Product Liability Act. Any strict liability agreed with us (e.g. guarantee) shall be governed exclusively by the relevant agreements.
(e) The above limitations and exclusions of liability shall apply accordingly in favor of our legal representatives and vicarious agents if they are directly liable to you.
10 Online dispute resolution, consumer arbitration board
The European Commission has set up a platform for online dispute resolution, which you can access at: https://webgate.ec.europa.eu/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
11 Contract text, contract language
The contract text is stored by us after conclusion of the contract. However, it is not accessible to you in this respect. We therefore recommend that you download and save these terms of use when you register. The contract is concluded in German.
12 Applicable law, place of jurisdiction
The law of the Federal Republic of Germany shall apply. In business transactions with merchants, legal entities under public law or special funds under public law, the exclusive place of jurisdiction for all disputes arising from these GTC shall be the registered office of Workeer.
Severability clause
Should parts of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic intent of the parties.
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