Status: January 2022
To the updated version: April 2024
1 Registration
To be able to use all Workeer functions, you must register.
You can register as an applicant, employer or initiative.
Only natural persons may register as applicants in their capacity as consumers within the meaning of Section 13 of the German Civil Code (BGB). 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 make us a binding offer to conclude a contract for the use of Workeer by clicking on 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 will not be recognized, unless expressly agreed otherwise.
4 Our services
Workeer is a job platform that brings together international & refugee talents within Germany 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 by 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.
5 Your duties
You become a Workeer exclusively
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 shall 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 available to third parties and will 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 of the 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 it 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 option of creating a profile free of charge, which is publicly visible and can be contacted by applicants.
In addition, there are several fee-based services for employers. The amount of remuneration for these individual services is based on the Workeer 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 fee-based service has been used, a distinction must be made between two types of service.
a) Memberships that are associated with a large number 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 terminated 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) fraudulent concealment of defects; (ii) willful or grossly negligent breaches of duty; (iii) damages resulting from injury to life, body or health; and (iv) damages caused by delay in the costs of legal action (§ 288 para. 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 Choice of Law
The contract is governed by German law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
11 Severability Clause
The contract remains binding in its other parts even if individual provisions are legally invalid. In place of the invalid provisions, the statutory regulations apply, if available. However, if this would cause unreasonable hardship for one party, the entire contract becomes invalid.
12 Online Dispute Resolution, Consumer Arbitration
The European Commission has established 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.
13 Contract Text, Contract Language
The contract text will be stored by us after the conclusion of the contract. However, it is generally not accessible to you. We therefore recommend downloading and saving these terms and conditions during registration. The contract is concluded in German.
- Please choose which cookies you want to consent to.