General Terms and Conditions (GTC) of aduvi GmbH

The following General Terms and Conditions (GTC) contain in Section V of the General Terms and Conditions of Consumer Liability Information and Information in the Electronic Legal System.

    I. Part: General Terms and Conditions for all users of the platform

  1. Scope and Definitions
    1. The following terms and conditions shall apply to the use of the Internet platform https://aduvi.de and other domains that pass on or otherwise refer to the domain, including software and apps, in the relationship between the user and the operator of the internet platform (hereinafter also referred to as "aduvi"). The use of the Internet platforms and the associated services is only permitted if the users fully accept these terms and conditions and have reached the age of 15. The publication of job offers is permitted only to full-time and full-fledged users after registration as a company.
    2. For the purposes of this GTC, a user may have the following roles:
      1. The person who wishes to make a recommendation as a private person is referred to as "Recommendation" below. A recommendation can give a maximum of two recommendations within 24 hours. Commercial or commercial personnel or employment agents may not use aduvi's platforms as a recommendation.
      2. The person who wants to publish a job offer on the internet platforms and has registered and validated as a company is called a job provider. If a job provider publishes a job offer which does not include any employment with him or a job in the company for which he is employed, this job provider undertakes to make this fact clear (personnel mediator, personnel consultant, Recruiters, etc.). Aduvi has a labeling field for the identification of this issue in the preparation of the job offer. If this is not the case, aduvi reserves the right to delete these job offers without prior warning and to permanently block the job provider and terminate without notice. Pending payments and other claims shall remain unaffected and will be due immediately with the blocking of the job provider.
      3. The person to whom a recommendation recommends a job offer is named below.
  2. aduvi services and availability of services
    1. aduvi allows registered recruiters to send job offers from job providers as a recommendation to candidates. Aduvi merely provides the link to the recommendation of the job offer, which the recommendant must send to the candidate in an e-mail he has written. The advisor receives from aduvi for a successful mediation up to 3 bonuses, the respective amount of the job provider determines when he discontinues the job offer. The details of the premiums and the contractual relationship between the recommendation and aduvi can be found in the second part: Supplementary Terms for Recommendations.
    2. Registered job providers can publish job offers at aduvi free of charge and offer a three-part bonus for a successful mediation. A claim of a job provider against aduvi on publication of a job offer does not exist at any time. Aduvi is not entitled to publish job offers due to their content, their form, their origin or other criteria, or to immediately deactivate their publication. In the case of a successful referral, the aduvi bonus will be awarded, and the referendum will also receive a claim against aduvi for payment of the premium in the context of its contractual relationship with aduvi for a successful recommendation. For a successful recommendation, the job provider aduvi also pays a fee. The amount of the fee depends on the respective offer, which is displayed to the job provider when creating the job offer. The details of the contractual relationship between the job provider and aduvi can be found in the III. Part: Complementary terms for job providers.
    3. Candidates will be provided with the necessary contact details as well as the job offerings preferred by the job provider. A direct application via aduvi is not possible.
    4. A claim from job providers against aduvi on a mediation of published job offers exists at no time. There is also no claim of a candidate that applications lead to a job.
    5. aduvi endeavors to keep the service available within the scope of the technical and operational possibilities. However, technical limitations (such as power interruption, hardware and software errors, technical problems in the data lines) may result in temporary restrictions or interruptions to the services of aduvi. There is therefore no claim of a user for a permanent availability of the internet platforms or the service.
  3. Registration on the platform
    1. A validated registry is required for each user who:
      • would like to make a recommendation,
      • want to publish a job offer on the internet platforms or
      • as a candidate wants to actively change the status of received recommendations.

      Candidates must register as a private individual. For this purpose, only a valid e-mail address and a personal password are to be entered and transmitted in the registration form. The specified e-mail address must then be confirmed and validated via validation e-mail. The user may voluntarily supplement additional personal data in the user area. If the user is entitled to a premium, aduvi can only pay it out after the user has completed his full address in the user area. Users who want to publish a job offer (job provider) must register as a company, specifying the company data and a contact person.

    2. The user may not leave his access to third parties for use. The user is obliged to keep his access data secret and to protect him from access by third parties.
    3. The user must complete all the fields marked as mandatory fields correctly and truthfully. It is not permitted to specify a non-existent e-mail address or an e-mail address that belongs to a third party. If, after the registration, the specified data change, the user himself is obliged to correct the information in his user area immediately until the user account is deleted. Multiple registration is not permitted.
    4. The registration is confirmed by the user by e-mail. There is no legal claim to registration at any time.
    5. aduvi reserves the right to refuse registration without giving reasons. In this case, all information of the user registered with aduvi will be deleted within ten working days.
    6. aduvi reserves the right to delete incomplete or non-validated registrations after two months.
    7. If the password is lost or if a third party is aware of the password, the user is obligated to immediately change the password and notify aduvi by e-mail or in writing.
  4. Obligations of the user and responsibility for third party content
    1. All users, for the purpose of ensuring proper operation and operation of the Platform and the Service, will be required to comply with the Code of Conduct, and their non-compliance may result in disadvantages, especially in the case of termination and damages claims of aduvi. These behavioral needs are listed below.
    2. In particular, a user is obligated not to use the services and services of aduvi in in a manner which is misuse of law or in a manner which is unethical, and to respect the laws and the rights of third parties. This includes the following obligations when setting up your own content as well as when communicating with other users (eg by sending a recommendation):
      • The user ensures that by means of contents stored by him under his user account or disseminated from his user account, he does not violate the statutory provisions on the protection of minors, the general personality right as well as competition law or other protective rights, in particular trade names, Design, design and patent rights of third parties.
      • Before any publication or dissemination of a content, the user shall ensure that he is entitled to the necessary rights to the content (eg in the case of texts of a job offer).
      • The user shall prohibit the storage and dissemination of illegal content and data, in particular with pornographic, moral, discriminatory, racist, right-wing or religious-sensitive or other nuising content.
      • The user forbids the spread of viruses, Trojans and other malicious files as well as the sending of junk or spam e-mails as well as of chain letters.
      • The User shall not use any action that is likely to affect the smooth operation of the Internet platform, in particular, the excessive burden on aduvi's systems.
      • The user is prohibited from using any mechanisms, software or scripts associated with the use of aduvi, as well as blocking, overwriting, modifying, copying, in particular, copying by " Robot / Crawler " search engine technologies. Recommendations by e-mail may not be automated, but must always be sent personally by the user.
    3. The user alone is responsible for compliance with the required legal obligations of a user's own content (eg, job offer, texts in referral mails). Aduvi does not assume any responsibility for the correctness, completeness, reliability, timeliness and usability of the content (eg, job offers) and therefore does not assume any responsibility or guarantee for the contents of users.
    4. Candidates are required to maintain their respective status in their user account, eg. The status must be " I want to apply " And 'I've applied for' Are marked.
  5. Rights to the content and prohibited use of the platforms
    1. The content available on the aduvi platforms is protected by copyright or other proprietary rights (trademark, company, copyright, design, design and patent rights) and is owned by aduvi and / or other third parties, Respective content. The compilation of the content on the platform as such may be protected as a database or database i. S. d.§§4   Abs. 2, 87a Abs. 1 UrhG. You may only use these contents in accordance with these terms and conditions as well as in the scope specified on the Internet platform.
    2. Without the consent of aduvi it is in particular not permitted to refer to the contents of the platforms of aduvi (in particular the job offers) which are visible on registration by means of links, deeplinks or Framed Links and / or job offers completely or even partially Commercial purposes and / or make them publicly available on other websites or apps and / or in print products.
    3. Mandatory legal rights (including the duplication of the contents for private and other own use according to § 53 UrhG) remain unaffected.
  6. Blocking of a user account, rights of aduvi and exemption of claims
    1. aduvi reserves the right to review contents of users. There is no obligation to review content by aduvi.
    2. In the event of a breach of these terms, aduvi shall be entitled to temporarily suspend and / or delete and / or delete and / or temporarily or permanently terminate the user from the offer and / or terminate it without notice. The same applies if aduvi is informed by a third party that a user, in breach of the obligations contained in these terms and conditions, reserves or disseminates content, provided that the assertion of an infringement is not manifestly incorrect.
    3. Aduvi shall also be entitled to block the user account, even if no obligation is compulsory, provided and as long as there are indications for an existing or threatened misuse of the user account by third parties.
    4. The user has to replace aduvi the damage resulting from a breach of duty, unless he is not responsible for it.
    5. In the event of any third party's liability for possible breaches of the law, resulting from the User's breach of these General Terms and Conditions, the user undertakes to indemnify aduvi from any liability and to compensate aduvi for all costs (including adequate legal defense) Infringement of rights. The user undertakes to assist aduvi in the defense of such claims and to make available, without undue delay, truthfully and completely, all information necessary for the examination of the claims and for a defense.
  7. Term and Termination
    1. The user account runs indefinitely from the time of the validated registration.
    2. The user can terminate his user account by a corresponding written statement against aduvi without observing a deadline. Upon request, aduvi will block access to the user and delete all user data within a period of two months. A claim for transfer of the created contents is excluded.
    3. aduvi is entitled to terminate the user account of a user with a period of two weeks at the end of the month.
    4. If an important reason is found, aduvi shall be entitled to immediately block the access of the user without observing a deadline.
  8. Disclaimer
    1. Claims for damages against the user against aduvi are excluded, unless otherwise specified in the following. The foregoing exclusion of liability also applies to the legal representatives and vicarious agents of aduvi, if the user asserts claims against them.
    2. Excluded from the foregoing exclusion of liability are claims for damages resulting from a violation of life, body, health and claims for damages resulting from the violation of essential contractual obligations. Significant contractual obligations are obligations, the fulfillment of which allows the proper execution of the contract at all and which the customer may trust to comply with. Liability for damage caused by deliberate (including malicious) or grossly negligent breach of duty by aduvi, its legal representatives or vicarious agents, as well as the liability under the Product Liability Act and the liability for the absence or the loss of an assured liability Property or non-compliance.
    3. By way of derogation from the above regulations, aduvi shall be liable for damages caused by the use of services (including the retrieval of free content) provided free of charge on the internet platform, insofar as the damage is caused by the contractual use of the free content and / Or services and only in case of intent (including malicious intent) and gross negligence of aduvi, its legal representatives or vicarious agents. Exceptions to the foregoing exclusion of liability are also claims for damages resulting from injury to life, body, health and liability under the Product Liability Act and the liability for the absence or the abolition of an assured property or in case of non-warranty.
  9. Change of the platform and the GTC as well as termination of the services
    1. aduvi reserves the right to change these terms and conditions within existing contractual conditions with effect for the future, especially in the following cases:
      • If aduvi wants to improve, expand or alter the offer and the services.
      • If legislation or jurisprudence make a change imperative.
    2. Such changes will be notified to a user at least 30 calendar days prior to the scheduled entry into force of the changes. If a user does not object within 30 days of receipt of the notification and the use of the services continues even after the expiry of the period of opposition, the changes from the expiration date are deemed to be effective. In the event of a contradiction, the contract with the existing GTC will be continued. In the change notice, aduvi will point out the user's right of objection and the consequences.
    3. aduvi shall be entitled to terminate its service with an announcement period of two weeks at the end of the month. In the event of termination of its service, aduvi shall be entitled, but not obliged, to delete the content created by users.
  10. Law and jurisdiction
    1. The contractual relationship between aduvi and the user shall be governed by the law of the Federal Republic of Germany. Exceptions to this choice are the mandatory consumer protection regulations of the country in which the user is habitually resident.
    2. If the user is a merchant in the sense of § 1 HGB and a contract is concluded for the business of the user or if the user is a legal person of public law or a public-law special fund, Against the user and for user's actions against aduvi the seat of aduvi. Aduvi is also entitled to levy lawsuits against the user at the seat of the user. The right of the parties to seek interim relief in another court is not affected by the above-mentioned agreement.
  11. Final provisions
    1. An a failure to exercise or enforce a right which is granted under the terms of the General Terms and Conditions or to which the aduvi is entitled under the applicable legal provisions shall not be construed as a formal waiver of the rights of aduvi; Continue to
    2. Should individual clauses of these General Terms and Conditions be or become invalid in whole or in part, this does not affect the validity of the remaining clauses.
  12. II. Part: Supplementary General Terms and Conditions for Recommendations

    The following terms and conditions of the II. part of the General Terms and Conditions shall only apply to recommendors i. S. v. Number 1.2.1 of these General Terms and Conditions.

  13. Legal position of the beneficiary
    1. The recommender assures aduvi that he does not engage in commercial or commercial employment or employment, but uses the platform and the service of aduvi as a private individual.
    2. The employer is aware of the fact that he does not undertake any employment or employment relationship which is subject to social insurance by submitting a recommendation with aduvi and is himself responsible for adequate insurance cover for old-age, care and sickness insurance.
    3. The adviser is obligated to tax the premiums earned independently and duly.
  14. Conclusion of the contract and technical steps leading to the conclusion of the contract between Empfehler and aduvi
    1. The services on the platforms are not binding offers from aduvi to recommends.
    2. As soon as an adviser sends a registration on the aduvi platforms with the requested data to aduvi, he makes a binding offer to aduvi to use the platform in accordance with these terms and conditions.
    3. By submitting the validation e-mail, aduvi accepts the offerer's recommendation to use the platform under these terms and conditions on the condition that the recommender confirms his registration by clicking on the link in the validation e-mail.
    4. If the reviewer confirms his registration by clicking on the link in the validation e-mail, a free-of-charge agreement on the use of the platform between aduvi and the recommender is reached.
  15. The entitlement to premium and disbursement after a successful recommendation
    1. In the case of a successful recommendation, the recommendation has a claim on the premiums stated in the respective job offers against aduvi. The contract on the payment of the premium with aduvi is thus not with the job provider but with aduvi to state.
    2. A successful recommendation is divided into the sections described below, whereby on reaching a section a respective premium claim is made by the referer aduvi:
      • A claim for payment of the first part of a bonus arises when the recommended candidate is invited by the job provider for the interview and appears in person or participates in the selection process in the manner specified by the job provider.
      • A claim for payment of the second part of the premium arises if the recommended candidate takes up his job with the job provider or a company managed or affiliated with it. For the occurrence of the success, it is irrelevant whether the candidate accepts the job advertised by the job provider or another job at the job provider or the company supervised or associated by the job provider, and whether an employment contract is present.
      • A claim for payment of the third part of the bonus arises if the candidate is employed in an uncritical contract relationship beyond the sixth month after the date of commencement of employment with the job provider or a company managed or affiliated with it.

      A Claimant's claim for payment of a premium exists only if the recommended candidate opens the referral link, there the status „ Or " application planned " The job provider points to this recommendation on aduvi, specifying the e-mail address that the recommendant uses as the "e-mail address of the candidate" In the preparation of the recommendation on the internet platform.

    3. The premiums will be paid by aduvi to the recommendation at the latest 30 working days after the due date and reimbursement of the premium by the job provider to aduvi.
  16. III. Part: Complementary terms for job providers

    The following terms and conditions of the III   part of the GTC only apply to job providers i. S. v. Number 1.2.2 of these General Terms and Conditions.

  17. Conclusion of the contract and technical steps leading to the conclusion of the contract between the entrepreneur and aduvi
    1. The services on the platforms are not binding offers from aduvi to job providers.
    2. As soon as a job provider sends a registration to aduvi on the aduvi platforms, giving the requested data to aduvi, he makes a binding offer to aduvi to use the platform in accordance with these terms.
    3. By sending the validation e-mail, aduvi accepts the job provider's offer to use the platform in accordance with these terms and conditions, provided that the job provider can register his registration by clicking on the link in the validation e- Mail confirmed.
    4. BIf the job provider confirms his registration by clicking on the link in the validation e-mail, a contract is concluded on the use of the platform between aduvi and the job provider.
  18. aduvi's claim on premiums and charges for recommendations and disbursements
    1. In the case of a successful recommendation, aduvi has a claim for the premiums awarded by the job provider in the respective job offers for the respective sections plus a fee for aduvi. The amount of bonuses awarded in the respective section can be determined by the job provider himself. The contract on disbursement of the premiums indicated by the job provider comes between the job provider and aduvi.
    2. A successful recommendation is divided into the following sections, whereby a separate claim of aduvi against the job provider on payment of the respective premium plus the fee arises when one section is reached:
      • A claim for payment of the first part of a premium plus the fee arises when the recommended candidate is invited by the job provider for the interview and appears in person or participates in the selection process in the manner specified by the job provider.
      • A claim for payment of the second part of the premium plus the fee arises if the recommended candidate takes up his job with the job provider or a company managed by or associated with it. For the occurrence of the success, it is irrelevant whether the candidate accepts the job advertised by the job provider or another job at the job provider or the company supervised or affiliated by the job provider, and whether an employment contract exists.
      • A claim for payment of the third part of the premium plus the fee will be due and payable if the candidate is employed in an uncritical contract relationship beyond the sixth month after the date of commencement of employment with the job provider or a company managed or affiliated with it.
      • If a contract or other performance agreement is concluded for a job offer with multiple candidates advertised at aduvi, this is considered a success event for which the respective premiums and fees on the part of the job provider have to be paid to aduvi.

      The premiums and fees will be payable by aduvi to the job provider after the invoice has been invoiced and payable within a period of 14 days to the user account of aduvi indicated in the invoice.

    3. The job provider has the obligation to display the status of a successful recommendation by a corresponding function in the user account immediately after reaching a recommendation section.
    4. Job providers can freely determine the amount of bonuses for the individual sections of a successful referral, with the minimum premium per successful segment being one euro. The amount of the fees depends on the respective offer for the job provider.
  19. Transfer of usage rights
    1. Job providers who publish a job offer at aduvi will grant free-of-charge to aduvi the right to make this job offer publicly available on the internet platforms as well as on other platforms or other media free of charge for advertisements on this job offer.
    2. As far as job providers take back the content you have uploaded from the internet platform, the aduvi will be extinguished as a right of use and exploitation to publish the job offer for recommendations on the Internet platforms. However, aduvi is entitled to refer to this job offer for advertising purposes on the Internet or in other media. The job provider is also entitled to terminate the granting of the usage rights for advertising purposes by registered letter with a period of six months in writing, unless a shorter notice period is absolutely necessary in the individual case, eg. Because infringements of rights result from the granting of the rights of use or the use by aduvi.
    3. aduvi shall in all cases retain the right to keep copies produced for backup and / or verification purposes.
  20. Set-off and right of retention for job providers
    1. Job providers can offset against aduvi's claims only with such counterclaims, which are undisputed, legally binding or decision-ripe.
    2. A job provider is entitled to exercise a right of retention only insofar as the counterclaim to which it bases the right of retention is undisputed, legally binding or decision-ruling and is based on the same contractual relationship.
  21. IV. Part: Supplementary General Terms and Conditions for Candidates

    The following terms and conditions of the IV   part of the General Terms and Conditions apply only to candidates i. S. v. Number 1.2.3 of these General Terms and Conditions.

  22. Legal position of the candidate
    1. The candidate is obliged to update the status of the received recommendations on the internet platform truthfully.
    2. If a candidate receives several recommendations for the same job offer, the candidate is allowed to set the status ''I want to apply'' or ''Application planned'' with at most one of these recommendations.
    3. The candidate is obligated to notify the job provider in his application that he is applying on the basis of a recommendation on aduvi. It is also obligated to specify the e-mail address that the recommendation provider has specified as ''e-mail address of the candidate'' on the Internet platform when this recommendation was drawn up. In this recommendation the candidate must have the status ''I would like to apply'' or ''Application planned''.
  23. Contract and technical steps leading to the conclusion of the contract between candidates and aduvi
    1. The services on the platforms are not binding offers from aduvi to candidates.
    2. Contract conclusion by registration:
      1. As soon as a candidate submits a registration to the aduvi platform by submitting the requested data to aduvi, he makes a binding offer to aduvi to use the platform in accordance with these terms and conditions.
      2. By submitting the validation e-mail, aduvi accepts the offer of the candidate to use the platform under these terms and conditions, provided that the candidate confirms his registration by clicking on the link in the validation e-mail.
      3. If the candidate confirms his registration by clicking on the link in the validation e-mail, a free contract for the use of the platform between aduvi and the candidate is obtained.
    3. Conclusion of contract by confirming a recommendation:
      1. As soon as a candidate opens a referral link and confirms with ''I wish to apply'', he makes a binding offer to aduvi to use the platform in accordance with these terms and conditions.
      2. By submitting the contact details, the application details and, where applicable, an external link to the job offer to which the recommendation relates, aduvi accepts the offer of the candidate to use the platform under these terms and conditions and a free contract is concluded The use of the platform between aduvi and the candidate.
  24. V. Part: Consumer information and information in electronic law

  25. Contract Language:

    The contract language is German. These General Terms and Conditions were translated into English, but only the German terms and conditions are valid.

  26. Conclusion of the contract and technical steps leading to the conclusion of the contract:
    1. The regulations for the conclusion of the contract between the recommendors and aduvi can be found in the II. Part: Supplementary General Terms and Conditions for Recommendations, there in section 13.
    2. The rules for the contract between the job provider and aduvi can be found in the III. Part: Complementary terms for job providers, see point 15.
    3. The regulations for the conclusion of the contract between the candidate and aduvi can be found in the IV. Part: Supplementary General Terms and Conditions for Candidates, under section 20.
  27. Correction of input errors before sending the registration:

    The user can check his own details before final registration. Input errors can then be corrected before the final dispatch by a corresponding correction of the data in the registration form.

  28. Storage of the contract text:

    These terms and conditions are stored in the respective user area of the user after conclusion of the contract. The user can also view his contract data via his user area at any time and print it out using the printing function of his printer.

  29. Details concerning payment:

    Payment of the premiums to the recommendation is made by the payment options offered on the internal platform.

  30. Details regarding the delivery:
    • The open job offers for placement are displayed to all users under https://aduvi.de/jobOffers.
    • The pronounced recommendations with their status are displayed to the users in your user area.
    • The advertised job offers of a job provider and the recommendations with their status are displayed to the job providers in their user area.
    • The recommendations received with their status will display the candidate in your user area.
  31. Main features of the goods or services:

    The essential characteristics of the services can be found in aduvi's offerings on the aduvi platforms as well as in these terms and conditions.

  32. Identity and address of aduvi:

    Our identity as well as our address are:

    aduvi GmbH, represented by business CEO Markus Röhler, Bavariafilmplatz 7, 82031 Grünwald

Version: 22.04.2016