These User Terms and Conditions ('User Terms and Conditions') apply in the relationship between PairToShare S.Y. GmbH, Hauptstraße 14, 10827 Berlin, registered with the Commercial Register of the Charlottenburg Local Court under HRB 238635 B, represented by Managing Director Svenja Christen, ('P2S') vis-à-vis users ('user') who register as individuals on the web portal operated by P2S under ('website') and use the free services offered there ('service'). The service connects users with each other and users with potential employers who have concluded a contract with P2C ('companies') in the context of job advertisements for so-called tandem jobs - after successful registration. P2S provides a web portal and supports the application process, among other things by evaluating user interests and information for the purpose of the job search as well as a matching function.
For this purpose, certain data entered by users during the registration and application process will be visible to P2C or other users and companies and evaluated accordingly. Details can be found in these user terms and conditions and the privacy policy.
If and to the extent that companies use specific services of P2S as 'companies', the respective agreement between P2S and the respective company shall apply in addition to these Userside GTC.
In order to use the full Service, it is necessary to conclude a framework agreement on the use of the Service in accordance with the provisions of these User Terms and Conditions (hereinafter referred to as the 'Agreement'). For this purpose, each User must first correctly and completely enter the data requested via the registration form provided on the website. The Contract is then concluded by P2S activating the respective User for the Service. The activation and the conclusion of the contract will be confirmed to the User by e-mail. The user will be provided with a user account.
The use of the Service is subject to certain conditions of use set forth in Section 3. The contracts of use offered are therefore merely non-binding offers to use the service. No registration is required for the rest of the website use. The offers of the User to conclude a contract are binding for the User. P2S is not obliged to accept the offer of a User to conclude a contract. The respective service descriptions on the website are part of the contract. The data provided by the User and the text of the contract are stored and can be accessed by the User via his/her user account. In addition, the text of the contract will be sent to the User by e-mail after the conclusion of the contract.
The user can correct his/her entries continuously within the framework of the conclusion of the contract using the keyboard and mouse functions or adjust them within the user's account. User accounts are not transferable and may not be used by unauthorized third parties. P2S is entitled to obtain the information necessary to verify the identity and details of the User or to carry out the measures that may be necessary for this purpose. The User undertakes to inform P2S immediately of the loss of the access data to the User account and to inform P2S of any misuse of the User account via the Service (if available) or by e-mail.
The use of the Service requires, in addition to the conclusion of the Contract, that the person acting on behalf of the User, who may legally represent the Customer, properly registers on the Website, providing complete and correct data. To use the service, a (stable) connection to the Internet and appropriately equipped end devices are required.
Third-party offers (such as a link to social media offers) are also integrated within the Service, whereby the User is responsible for informing him/herself about the requirements applicable to these third-party offers and for complying with any additional provisions. Furthermore, for application processes in which the User participates, separate requirements and additional provisions may be incorporated by the companies and apply. P2S has basically no influence on these offers of companies or third party providers. Mandatory legal obligations of P2S remain unaffected.
P2S shall endeavor to ensure the permanent and continuous availability and error-free functionality of the Service. P2S may limit the accessibility and operation of the Service due to technical reasons, provided that the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disturbances of the network, the software or stored data, the interoperability of the services or data protection require this. P2S will perform maintenance on the Service, which maintenance will occur during low-use periods. If maintenance work is planned, P2S will inform about it and announce it by means of suitable measures.
The User shall protect the User account from access by third parties. In particular, the User shall not disclose the access data (especially passwords) to third parties and shall keep them protected from access by third parties. Passwords should be changed at regular intervals. If there is reason to suspect that third parties have gained knowledge of the password or have otherwise gained access to the User's account, the User shall notify P2S thereof without undue delay and shall change the password without undue delay.
The User may not misuse the Service; in particular, the User may not
In the event of culpable violations by users arising from the contractual relationship with P2S, users shall be liable to P2S for all damages, costs and other expenses and shall indemnify P2S from any claims and third party claims arising as a result thereof.
User is responsible for all data, content or information ('User Content') entered by User or by authorized third parties within the Service.
Insofar as P2S enables the User to publish User Content within the scope of the Service (e.g. by means of the application profile), the User is obligated not to publish and/or allow to be published any User Content which is capable of violating the rights and/or honor of third parties, of insulting or disparaging persons or groups of persons, or of otherwise violating applicable law. Such user content, in particular pornographic content, content glorifying violence, right-wing, left-wing or ideologically based extremist content or content that offends common decency, is not permitted. In the event of a violation, P2S is entitled to block the access of the affected User to the Service temporarily or, in the case of significant violations, also permanently, as well as to remove the corresponding User Content.
For the purpose of using the Service, User grants P2S the non-exclusive, transferable, spatially unlimited right, limited in time to the term of this Agreement, to use such User Content within the Service or for its further development and, in particular, to load such User Content for display on the screen into the main memory of the end devices used for this purpose in accordance with this Agreement and to make the resulting reproductions of the User Interface. P2S hereby accepts the granting of these rights.
The legal provisions apply to the liability of P2S.
This contract has an indefinite term. Each party is entitled to terminate the contract at any time with immediate effect at least in text form (e-mail is sufficient).
Notwithstanding an ordinary termination, this contract may be terminated by the parties for cause at any time without notice. Good cause entitling P2S to terminate the contract prematurely shall be deemed to exist in particular if Users have deliberately provided false information about themselves, in the event of misuse or harmful use of the Service or in the event of a material breach of contractual or legal obligations by Users.
Cancellation must be made in writing (e-mail is sufficient) or via the options provided within the Service.
Information on the handling of personal data when visiting the website and using the service is contained in the privacy policy
The European Commission has set up an online platform for the out-of-court resolution of consumer disputes, which can be found at http://ec.europa.eu/consumers/odr/ .
P2S will not participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so. The e-mail address of P2S is: user_info@pairtoshare.com
P2S reserves the right to change these Userside Terms and Conditions in accordance with the law.
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the respective consumer has his or her habitual residence.
The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.