Terms and Conditions
1. Contractual Partner and Instructions for Use
The customer's contractual partner is friends & you GmbH, Kaiserliche Postdirekton, Französische Straße 12, D-10117 Berlin (hereinafter: Provider). The web-based databases and portals operated by friends & you are publicly available and are run under customer-specific names (hereinafter: Portal).
The Provider points out that the current version of the Provider's General Terms and Conditions (GTC) is permanently available on the internet. It is also possible at any time to print the GTC using the standard browser functions or to copy them to your own hard drive or other storage medium. The customer is hereby expressly requested to review, print, and copy these GTC.
Note on the Use of Gender-Neutral Formulations To improve the readability of the Portal, the additional use of the feminine form has been omitted. We would therefore like to point out that the exclusive use of the masculine form is explicitly intended to be gender-neutral.
The provider grants the use of the portal exclusively on the basis of the following terms of use.
2. Scope of Application
2.1. These terms and conditions apply exclusively to contracts between the customer and the provider, unless expressly agreed otherwise. If the customer's terms and conditions deviate from these, in whole or in part, they shall not become part of the contract, even if they have not been expressly rejected. This does not apply if the provider has expressly agreed to the customer's deviating terms and conditions in writing. For contracts that are not concluded for a specific period or for contracts that are not inherently limited to a specific period (projects), termination is possible with one month's notice. Termination must be in writing and must comply with the notice period. Otherwise, the statutory provisions apply.
2.2. The provider reserves the right to establish separate terms and conditions for specific areas of this website, which can be viewed by the user in those areas. 3. Scope of Services 3.1. The scope of services is defined by the offer or the description of services on the provider's website. Furthermore, the provider is entitled at any time to refuse to provide services whose content infringes the rights of third parties or violates accepted standards of morality, or where a third party reports potential infringements of their rights. 3.2. The provider does not review content posted on its website by third parties. 3.3. The provider is entitled to discontinue the website's services for the user, in whole or in part, at any time without prior notice. The user is not entitled to any compensation for damages as a result. 3.4. Access to the website is generally possible at any time of day or night. Due to overload of the access nodes during peak times or necessary maintenance work in the event of system malfunctions, short-term outages of the website, individual services, or the access nodes may occur. No claims for damages by the user against the provider arise from this.
4. Registration / User Account
4.1 Use of the non-public areas of the websites requires registration. During registration, the user chooses a username and a personal password. By registering, the user acknowledges these Terms and Conditions and the website's Privacy Policy as binding. By clicking the "Register" button, the user opens a member account with the provider.
4.2 There is no entitlement to registration and use of the provider's websites.
4.3 The user is obligated to keep confidential the password that grants access to the non-public part of the website. The user is entitled to change their assigned password. He is responsible for any authorized or unauthorized use of his registration and is obligated to report any unauthorized use of the portal and to change his password. The provider reserves the right to take the necessary measures if the provider becomes aware of any potential misuse of a password. 4.4 The provider has the right to remove the user's content from the website: a. in the event that the data entered for login and registration cannot be authenticated; b. in the event of suspected or false information provided during registration; c. in the event of suspected or apparent misuse of the websites; d. in the event of damage to or impairment of the functionality of the websites; and e. in the event of other serious violations of the general terms of use. The user must be notified immediately of the removal of the content, stating the reasons, and requested to explain and, if necessary, prove its legality. If the user does not comply with this request within two business days, the provider is entitled to delete the data or the posted content and to terminate the user's registration and access authorization. 4.5 Each user is entitled to withdraw their registration at any time with effect for the future. 4.6 The user agrees that all essential communications concerning the user relationship with the provider's websites will be sent by email, unless another form is legally required. 4.7 Information on concluding the free user agreement for applicants. The conclusion of the free user agreement is governed by the following: The user agreement is concluded when the user completes the registration process on the provider's website and thereby submits an offer to conclude a free user agreement by clicking the "Register" button. The provider can accept this offer by setting up a user account. Before clicking the "Log in" button, the user can correct or cancel their entries at any time using standard keyboard and mouse input. Furthermore, the user can return to the previous page by using the browser's "Back" button. The text of the Terms of Use is not stored by the provider and cannot be accessed by the user. The Terms of Use are available exclusively in German. 5. Use of the Websites 5.1 The websites may only be used for lawful purposes. 5.2 The user is prohibited from entering incomplete, false, or misleading information. Actions that violate or intend to violate system or network security (e.g., gaining unauthorized access or introducing a virus) are prohibited and will be prosecuted under civil and criminal law. 5.3 The user agrees not to violate applicable law by publishing content, uploading photos, videos, and other files, or setting hyperlinks, and in particular to refrain from violating criminal law, copyright, trademark and other intellectual property rights, personal rights, and other rights of third parties. The provider reserves the right, even if there is no obligation to review the content, to reject materials submitted by the user for publication on the website if they violate applicable law. 5.4 In the event of a violation, the user agrees to remedy the violation immediately and to compensate the provider for all resulting damages. In particular, the user is obligated to indemnify the provider against any third-party claims arising in any way from the publication of the user's content. The provider undertakes to ensure that the user is informed of such claims or legal proceedings and will support the user in conducting the proceedings without incurring costs. 5.5 The user is obligated to immediately notify the provider of any recognizable defects, damage, or malfunctions of the website and to take all measures that enable the determination of the defects or damage and their causes, or that facilitate and expedite the rectification of the malfunction. 5.6 The portal offers you the easy option of forwarding your job postings to the Federal Employment Agency's job portal. Please also note the terms of use applicable to the job portal. 6. Rights of Use 6.1 The provider holds a simple right of use to the compilation of the content on this website as well as to the software code belonging to this site. The exclusive right to use the website's content and the associated software code, including database rights, belongs to friends & you GmbH, Kaiserliche Postdirektion, Französische Straße 12, D-110117 Berlin, as the provider's technical service provider. The user's rights are limited to posting and retrieving information within the scope of its intended use. 6.2. Unless expressly stated otherwise in the Terms of Use, the provider grants the user no other rights of use. This includes, in particular, all current and future websites of the provider, as well as related documentation and user manuals. It is expressly pointed out that the use of robots on all friends & you websites is prohibited. 6.3 When posting content in public or non-public areas of this website, the user grants the provider and affiliated companies, free of charge, the sublicensable and non-exclusive rights necessary for the regular worldwide operation of the service, limited to the duration of registration, to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, translate the content, and incorporate it into other works. 6.4 The user further warrants that, in the event of the existence of third-party rights to the posted content, these third parties have fully and effectively waived all existing rights and transferred the right to transfer the aforementioned license to the provider. The user thereby simultaneously grants every user permission for the non-commercial use and reproduction of this content.
6.5 The user has the option to provide feedback and comments on this website. These become the intellectual property of the provider and may be used.
6.6 Copyrights, trademarks, and other rights of third parties that are accessed via links or otherwise through the provider remain fully with the respective rights holder and are protected accordingly.
7. Data Protection
7.1 The user is hereby informed, in accordance with Section 33 Paragraph 1 of the German Federal Data Protection Act (BDSG), that the provider collects, processes, and uses the personal data and information provided by the user during registration on this website for the provision and content design of the services offered by the provider on its website. Furthermore, unless the user objects, the provider will use certain personal data (name only, title if applicable, address, occupation, academic degree, year of birth) to inform the user about new offers from the provider. If the user has subscribed to a mailing list, this will also be done via email. 7.2 Personal data will only be transferred to third parties in the context of providing the services, i.e., to employers and recruitment consultants, if the user has explicitly disclosed this data to third parties. 7.3 Personal data will not be transferred to third parties for the purposes of consulting, advertising, and market research unless the user has given their express written consent. 7.4 For purely technical reasons, the provider uses cookies (small files that your web browser places on your hardware to collect information about user behavior). The data obtained is used only in anonymized form. The user can configure their browser to reject cookies. However, this may result in a reduced level of service. If the browser settings allow this, the user will be notified about the use of cookies before they are sent to their computer. 7.5 Further details regarding data protection are provided in a separate privacy policy on the website, in accordance with the current EU General Data Protection Regulation (GDPR). 8. Liability 8.1. The provider is generally only liable in cases of intent and gross negligence. The provider is also liable for negligent breaches of obligations if these result in injury to life, body, or health, or if a guarantee or claims under the Product Liability Act are affected. Furthermore, the provider is also liable for negligent breaches of obligations whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the contractual purpose, and on whose compliance the user regularly relies. In the latter case, however, the provider is not liable for unforeseeable damages that are not typical for this type of contract. The provider is not liable for slight negligence in the breach of other obligations. The aforementioned limitations of liability also apply to the provider's vicarious agents. 8.2 The user is liable for all disadvantages incurred by the provider due to misuse or unlawful use of the website or due to the user's culpable failure to fulfill their contractual obligations. 9. Fees, Contract Duration, Termination Use of the portal is free of charge for applicants. Use of the employer account is free of charge. 10. Warranty 10.1 Within the scope of its technical and legal capabilities, the provider warrants that the website functions without errors. The provider does not guarantee that the website and its server are free of computer viruses or other harmful mechanisms. 10.2 If additional services, hardware, or data become necessary for the use of the website or its content, the provider is not responsible for any resulting costs. 10.3 The provider does not guarantee the merchantability and suitability of the offerings on its website for specific purposes, nor that they are free from third-party rights. The provider also does not guarantee the accuracy, completeness, or timeliness of the website's content, to which the provider merely facilitates access, nor that information posted by third parties is free from third-party rights. The user who posts this content on the website is solely responsible for its content, in particular its accuracy and legal admissibility. Sections 7 et seq. of the German Telemedia Act (TMG) do not apply. The Telemedia Act remains unaffected.
10.4 The user acknowledges that answering all questions relevant to the General Equal Treatment Act (AGG) has no influence whatsoever on the hiring criteria of the companies issuing the tenders.
11. Applicable Law
The contractual relationship between the customer and the provider is governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance of the contract is the provider's registered office. If the customer is a merchant or has no general place of jurisdiction in the Federal Republic of Germany, the provider's registered office shall be the agreed place of jurisdiction for all potential pecuniary disputes arising from this contractual relationship, unless an exclusive place of jurisdiction is established for the action. In case of linguistic ambiguities regarding translations of the website and the General Terms and Conditions, or in case of other doubts and problems of interpretation, the German text version shall be ultimately binding.