General Terms of Use for the Access and Use of Matchoo

 

Status: 04.04.2022

 

These General Terms and Conditions of Use for Access and Use of Matchoo ("Terms and Conditions of Use") apply in their version valid at the time of conclusion of the contract to the access and use of the online database Matchoo by you as a user ("User", "you" or "your"). Matchoo is an online database which is offered by Matchoo GmbH, Alter Wall 32, 20457 Hamburg, Germany ("Matchoo GmbH", "we" or "us") under the URL www.matchoo.eu and which enables job seekers and employers to contact each other ("Matchoo"). Both parties are hereinafter also referred to individually as the "Party" and collectively as the "Parties".

 

1. Definitions

 

  1. An Employer is, in the context of these Terms of Use, an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) who enters his own content, in particular a job application, in his profile on Matchoo in order to find a worker for the professional activity he offers.

  2. A job seeker is a consumer in the sense of § 13 BGB who enters his own content, in particular his CV, in his profile on Matchoo in order to find a professional activity. 

  3. Matchoo is the platform of Matchoo GmbH, Alter Wall 32, 20457 Hamburg, Deutschland, available at www.matchoo.eu, which contains an online database enabling job seekers and employers to contact each other.

  4. Matchoo Service is the enabling of access to the Matchoo platform and the use of the products and services contained therein. The Matchoo Service includes both paid and free products and services.

  5. User means the holder of a User Account. This may be registered in the role of either the job seeker or the employer.

  6. User data means all content of the user which the user transmits to Matchoo GmbH in connection with the use of Matchoo and the Matchoo service. User Data includes, in particular, contact details and, in the case of the job seeker, the CV and, in the case of the employer, the job advertisement. Furthermore, the user data also includes the access and registration data.

  7. Entrepreneur in the sense of § 14 BGB (German Civil Code) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

  8. A consumer within the meaning of § 13 BGB is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity.

 

2. Subject matter of the contract

 

  1. Matchoo GmbH provides the user with the use of the Matchoo service during the contract period exclusively on the basis of these terms of use. Terms and conditions of the user do not apply. You can access, save and print the currently valid terms of use on the website at any time.

  2. Matchoo is accessible via the website at www.matchoo.eu ("Website").

  3. Matchoo is provided in German and English. All other translations of Matchoo are for the convenience of the users only and there is no claim to availability. The contractual language is exclusively German and English. Translations of these terms of use into other languages are for the user's information only. In the event of any inconsistency between the language versions of these Terms of Use, the German version shall prevail.

  4. The object of this contract with Matchoo GmbH is expressly not the successful placement of a job, i.e. the conclusion of a contract between the job seeker and the employer. Matchoo GmbH merely provides a platform on which the job seeker and the employer have the opportunity to present themselves and to make contact.

 

3. Matchoo Service

 

  1. The use of the Matchoo service requires a registration which is regulated in point 4. Registration is free of charge for the user. The user account is not transferable.

  2. The use of the Matchoo service in the role of employer is exclusively reserved for entrepreneurs in the sense of § 14 BGB. By registering for Matchoo in the role of employer the user confirms to act in the exercise of his commercial and self-employed professional activity. Matchoo GmbH reserves the right to request information (e.g. VAT ID) during the registration process to prove this entrepreneurial status.

  3. After activating the user account, the user gets access to Matchoo and its free services.  In addition, the user can create a profile on Matchoo. For this purpose, the user enters different contents of his own (also referred to as "user data") into his profile ("user profile"), depending on his role as job seeker or employer. The user is obliged to provide only truthful information in his user profile and to keep it up to date at all times. Matchoo GmbH does not check user data uploaded to Matchoo for accuracy or completeness. Matchoo GmbH cannot be held responsible for false information in the user profiles and is also not responsible if incorrect matches result due to false information in the user profiles. This applies in particular to information regarding the availability of job seekers. Should a jobseeker, contrary to the information given in his user profile, not be available for a job application which is placed with an employer by Matchoo GmbH, or should the jobseeker no longer be available after the placement of the user profile, Matchoo GmbH cannot be held responsible for this. Notwithstanding this, Matchoo GmbH endeavours to keep the online database up to date, including by means of random checks.

  4. After the creation of the user profile, Matchoo GmbH offers the user in his role as employer various service packages for which a fee is charged, which are presented in detail on the website under the heading "Services and Prices".  Depending on the service package booked, the employer is allocated a certain number of matches at certain conditions. Use of the matches beyond the scope of the booked service packages is not permitted.

  5. The user in his role as job seeker has the possibility to purchase the CV entered in the user profile as a compiled document (pdf).

  6. The presentation of products and services on Matchoo does not constitute a legally binding offer but an invitation to order (invitatio ad offerendum). The user can select the desired products and services during the ordering process. Input errors can be corrected by the user by going back to the previous page via the browser. The user can also cancel the ordering process completely by closing the browser window. The user will be informed again about the content of the respective chargeable service, the prices and the terms of payment before concluding a chargeable contractual relationship. By pressing the "Buy" button, the user declares that he/she wishes to conclude a contract for the chargeable products and services selected by him/her. The contractual relationship arises with the acceptance of the purchase offer by a confirmation email from Matchoo GmbH or by the provision of the products and services on the website. 

 

If you are a consumer, you have a statutory right of withdrawal in accordance with clause 20.

 

The contractual terms and conditions with details of the ordered products and/or services including our terms and conditions of use will be sent to you by e-mail with the acceptance of the contractual offer or with the notification of this. Matchoo GmbH does not store the terms of contract.

  1. The user profiles are added to the online database. The CVs of the jobseekers contained in the online database are compared with the employers' job applications and automatically checked for compatibility by means of an algorithm ("matching"). Based on the automated matching, the user profiles of the job seekers are assigned to the matching job application of the employers ("match"). The jobseeker is shown the matches in his or her user profile ("job suggestion") and is notified of this by us by e-mail. This service is free of charge for the jobseeker.

  2. The job proposal contains a description of the advertised position, but not the contact details of the employer. If the job seeker does not agree to the disclosure of his/her user data to the employer, he/she must object to the disclosure within the period stated in the notification of the job proposal. The user can set in his privacy settings by deselecting certain fields which personal data we are allowed to pass on to the respective employer. Matchoo GmbH will then not pass on this data to the respective employer, but will not check whether this deselected personal data is contained elsewhere, e.g. in the uploaded documents.

  3. For the employer, the receipt of matches constitutes a remunerated service. The type and scope of the service to be provided depends on the service package booked by the employer. As soon as the jobseeker's data is forwarded to the employer, the jobseeker will receive the employer's contact details for the advertised vacancy. The employer is not entitled to pass on the matches received to third parties and may only use them for its own professional purposes. Third parties within the meaning of this user agreement are also affiliated companies of the employer within the meaning of § 15 AktG. After receiving the matches, the employer must contact the jobseeker within two working days.

  4. For the Matchoo services offered free of charge there is no claim to an uninterrupted availability or to a specific response time behaviour, even if Matchoo GmbH endeavours to make Matchoo as uninterrupted as possible. There is no guarantee that access to and use of the free Matchoo services offered will not be interrupted or impaired by maintenance work, further developments or otherwise by disruptions, which may also lead to loss of data. For paid Matchoo services Matchoo GmbH guarantees an availability of 98.5% on an annual average. Not included in the calculation of availability are regular maintenance works of Matchoo, which will be communicated to the user in time. 

 

4. Registration 

 

  1. The user must provide Matchoo GmbH in the registration application with the information Matchoo GmbH requires to open a user account ("registration"). The registration for Matchoo is free of charge for the user. 

  2. The information submitted by the user for registration must be complete and correct. This includes for example name, current address, valid e-mail address, company name if applicable and VAT identification number ("registration data"). The user is obliged to correct the information in the user account immediately if the data provided changes after registration. The registration of a legal entity can only be carried out by an authorised natural person. 

  3. The acceptance of the registration application is effected by a confirmation email from Matchoo GmbH and the activation of the user account. After activation of the user account the user is entitled to use the Matchoo service according to these terms of use.

  4. Matchoo GmbH is entitled to refuse the opening of a user account if there is sufficient suspicion that the user will violate these terms of use or applicable laws. Matchoo GmbH is also entitled to withdraw the user's authorisation to use the Matchoo service and to block access to the user account if there is sufficient suspicion that the user has violated these terms of use or applicable laws. The user can avert these measures if he removes the suspicion by presenting suitable evidence at his own expense.

  5. All logins are individualised and may only be used by the respective authorised user. The user is obliged to keep the login and password secret and to protect them from unauthorised access by third parties. In case of suspicion of misuse by a third party the user will inform Matchoo GmbH immediately. As soon as Matchoo GmbH becomes aware of the unauthorised use, Matchoo GmbH will block the access of the unauthorised user. 

 

5. Duties of the user

 

  1. The user is responsible for ensuring that his access to Matchoo and use of the Matchoo service is in accordance with the relevant laws in the applicable jurisdiction.

  2. The user is obliged to,

  1. Establish and maintain the necessary data backup precautions during the entire contract period, unless Matchoo GmbH is legally obliged to backup data. This essentially refers to the careful and conscientious handling of logins and passwords;

  2. To cooperate in the investigation of attacks by third parties on Matchoo, as far as this cooperation is required by the user;

  3. To ensure that the Matchoo Service meets the User's requirements in terms of capacity, reliability and security.

  1. The user undertakes to refrain from all actions which endanger and disturb the functioning of Matchoo and not to access data to which he is not entitled to access. Furthermore he has to take care that his information transmitted to Matchoo and posted data are not afflicted with viruses or worms, trojans or other contaminated or harmful components. 

 

6. User content

 

  1. The user is solely responsible for the content of his profiles. The user assures that the given data is true. Matchoo GmbH cannot be held responsible for the content of the user profiles.

  2. Matchoo GmbH receives a non-exclusive right of use for an indefinite period of time to the content uploaded or otherwise posted by the user to Matchoo for use for any purpose in connection with Matchoo, in particular to make it available (against payment or free of charge), to view it or to download it for other users of Matchoo. In all other respects all rights to the content remain with the original rights holder.

 

7. Liability

 

  1. Matchoo GmbH is liable according to the legal regulations in case of injury to life, body and health of a person, in case of malice, gross negligence or intent as well as according to the regulations of the product liability law or other mandatory regulations which cannot be excluded. 

  2. Matchoo GmbH is only liable for slight negligence in connection with paid Matchoo services in case of breach of essential contractual obligations. Material contractual obligations are those whose fulfilment characterises the contract and on which the customer may rely. The liability in case of breach of such an essential contractual obligation is, however, limited to the damage typical for the contract which Matchoo GmbH had to expect at the time of conclusion of the contract due to the circumstances known at that time.

  3. In all other respects any liability of Matchoo GmbH is excluded.

  4. The foregoing limitations of liability apply mutatis mutandis also in favour of vicarious agents, employees and organs of Matchoo GmbH.

 

8. Warranty

 

  1. As far as the services and performances on Matchoo are provided free of charge by Matchoo GmbH, Matchoo GmbH does not guarantee that the free services and performances of Matchoo meet the requirements of the users and that they are uninterruptedly available and/or free of errors. Access to Matchoo and the use of the free services contained therein may be affected by maintenance work, downtime, maintenance activities, further developments, updates and upgrades or malfunctions. Matchoo GmbH will use reasonable efforts to ensure that Matchoo and the Matchoo Services are as user-friendly as possible. However, technical disruptions may result in temporary limitations and interruptions.

  2. In all other respects a warranty by Matchoo GmbH for material defects and defects of title is governed by the legal provisions applicable in each individual case.

 

9. Indemnification

 

The user will indemnify Matchoo GmbH against all claims, costs and disadvantages which third parties assert against Matchoo GmbH due to the infringement of their rights by user content or due to infringements of rights resulting from the use of the Matchoo service by the user, provided that the user is responsible for these. In addition the user is obliged to bear all costs arising from the infringement of rights, in particular the costs for a reasonable legal defence of Matchoo GmbH including court and lawyer's fees incurred.

 

10. Contract period and termination

 

  1. The contract period of these terms of use starts with the date of registration according to clause 4 and ends with a termination by the user or Matchoo GmbH.

  2. The user has the right to terminate the contract for services provided free of charge with immediate effect at any time. Matchoo GmbH may terminate these terms of use at any time and without giving reasons with a notice period of three (3) months.

  3. Each party has the right to terminate the contract for good cause without notice with immediate effect. Good cause shall be deemed to exist in particular if the user repeatedly or seriously violates these terms of use. 

  4. Any termination must be made in writing, whereby e-mail shall comply with the written form.  

  5. When the termination becomes effective Matchoo and the Matchoo services will no longer be accessible for the user and all registrations and authorisations of the user will end at the same time. The user data will be deleted by Matchoo GmbH as far as there are no legal retention periods which prevent deletion. The user remains responsible for all fees and expenses incurred up to the date of termination.

 

11. Data processing 

 

  1. The servers of Matchoo GmbH are secured according to the state of the art. However, the user is aware of the fact that there is nevertheless a risk that transmitted data can be read out in the transmission path. This applies not only to the exchange of information via e-mail leaving the system but also to the integrated messaging system and all other transmissions of user data. The confidentiality of the data transmitted in the context of the use of Matchoo is therefore not guaranteed.

  2. Matchoo GmbH is entitled to use, store, copy, modify, analyse, provide or otherwise exploit all user data, except personal data, during the contract period for the purpose of providing the service itself or through third parties. Insofar as personal data is processed Matchoo GmbH will observe the statutory provisions on data protection. In this case the details about the collected data and their respective processing result from the privacy policy of Matchoo GmbH.

  3. Matchoo GmbH is entitled to use all user data brought in and generated by the user in connection with the Matchoo service, except personal data, in anonymous form for machine learning and product improvement as well as marketing purposes, e.g. for the creation of statistics and presentations.

 

12. Prices and payment processing

 

  1. When using Matchoo services against payment the user commits himself to pay the prices fixed at the time of the conclusion of the contract. Unless otherwise agreed, payment is due immediately after conclusion of the contract.

  2. Payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1015 CW Amsterdam, The Netherlands ("Mollie"). The individual payment methods offered via Mollie will be communicated to the User on the Website. For the processing of payments, Mollie may use other payment services, for which special payment conditions may apply, to which the User will be informed separately. Further information on Mollie is available at http://mollie.com/de/. 

 

13. Communication, advertising emails and reference list

 

  1. Matchoo GmbH is entitled to send the user legal declarations with reference to his user relationship with binding effect for the user to the e-mail address deposited in his user account by e-mail and to deposit them on his user profile on Matchoo, if he informs the user about this by e-mail.

  2. Matchoo GmbH uses the e-mail address given during the registration process to inform by e-mail about its own or similar products and to conduct customer satisfaction surveys by e-mail after the use of the Matchoo service. If the user does not wish to receive advertising information by e-mail, he can object to the use of his contact data for advertising purposes at any time with effect for the future without incurring any costs other than the transmission costs according to the basic tariff. The user can send his objection by e-mail to info@matchoo.eu or by post to Matchoo GmbH, Alter Wall 32, 20457 Hamburg, Deutschland.

  3. Matchoo GmbH is entitled to include the user (in the role of employer) by name and with his company logo in its reference list and to present this list to third parties and to publish it for advertising purposes. The employer can object to this use at any time with effect for the future. The employer can send his objection by e-mail to info@matchoo.eu or by post to Matchoo GmbH, Alter Wall 32, 20457 Hamburg, Deutschland. The employer has no right to demand that Matchoo GmbH recalls or changes advertising that has already been published at the time of the objection.

 

14. Support

 

  1. Matchoo GmbH answers questions of the user concerning the use of Matchoo and accepts reports of any malfunctions within the framework of user support at info@matchoo.eu.  

  2. Notifications of malfunctions must contain a detailed description of the respective malfunction in order to ensure that the malfunction can be rectified as efficiently as possible.

 

15. Reporting of improper use or use in breach of contract, reporting of copyright infringements

 

Should the user become aware of any illegal, abusive, non-contractual or other unauthorised use of Matchoo, he can contact Matchoo GmbH, Alter Wall 32, 20457 Hamburg, Deutschland by post or by e-mail to info@matchoo.eu and report this unauthorised use. The same applies to the reporting of copyright infringements. We will then examine the report and, if necessary, take appropriate steps.





16. Confidentiality

 

  1. The parties are obliged to maintain secrecy about all information to be treated as confidential which comes to their knowledge within the framework of the contractual relationship or to use such information vis-à-vis third parties only with the prior consent of the respective other party. Confidential information in this context is information that has been expressly designated as confidential and information whose confidentiality can be inferred from the circumstances of the transfer ("Confidential Information").

  2. Information is not Confidential Information within the meaning of Clause 16.1 if it is

  1. was previously known to the other party without the information being subject to a confidentiality agreement

  2. ii. the Confidential Information was previously in the public domain; or

  3. is disclosed to the other party by a third party without breach of a confidentiality agreement.

  1. If Confidential Information is requested from a Party by an Authority, the other Party shall be promptly notified of the transmission of the Confidential Information to the Authority.

  2. The obligations of this Clause 16 shall survive the termination of the Agreement until an exceptional circumstance under Clause 16 b. applies.

 

17. Changes 

 

  1. Matchoo GmbH reserves the right, taking into account the legitimate interests of the user, to change services and performances provided free of charge, to make them available against payment and to discontinue the provision of services and performances provided free of charge. 

  2. Matchoo GmbH further reserves the right to change these terms of use at any time with effect for the future. The changes and amendments will be communicated to the user by e-mail or via his user profile before they take effect. If the user does not object to such changes within six (6) weeks after receipt of the notification, the changes are deemed to be agreed. The user will be informed separately of the right to object and the legal consequences of silence in the event of an amendment to the terms of use. In the case of an objection the contractual relationship will be continued according to the previous conditions. In case of an objection Matchoo GmbH is entitled to terminate the contractual relationship with a notice period of one (1) month.

  3. Services and performances offered against payment can be adapted to changed legal or technical conditions at any time with effect also within the existing contractual relationship, provided that the fulfilment of the purpose of the contract concluded with the user is not or not significantly impaired and the basic functionalities of the respective services and performances are maintained.

 

18. Applicable law, mandatory consumer protection provisions, place of jurisdiction

 

  1. The law of the Federal Republic of Germany shall apply to these Terms of Use and to all legal relationships in connection therewith, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

  2. For consumers, this choice of law only applies if 

  1. you have your habitual residence in Germany, or

  2. ii.Your habitual residence is in a state that is not a member of the European Union.

  1. In the event that you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, without prejudice to mandatory provisions of the state in which you have your habitual residence.

  2. To the extent permitted by law, the exclusive place of jurisdiction is Hamburg, Germany.

 

19. Severability clause, online dispute resolution and alternative dispute resolution

 

  1. If any provision of these Terms of Use is or becomes invalid, the validity of the remaining provisions shall not be affected. In this case, the invalid provision shall be replaced by a permissible agreement that comes as close as possible to the economic purpose of the original, invalid provision. The same applies to any loopholes.

  2. Amendments and supplements to these Terms of Use must be made in writing. The written form requirement is not met by e-mail.

  3. The European Commission provides a platform for online dispute resolution (OS). This dispute resolution platform is intended to serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations of online sales contracts and online service contracts. The platform can be accessed at http://ec.europa.eu/consumers/odr/. 

  4. We are not obliged or willing to participate in a dispute resolution procedure in accordance with the Consumer Dispute Resolution Act (VSBG).

 

20. Right of withdrawal

 

  1. If you are a consumer, you are entitled to a right of revocation in accordance with the statutory provisions. The prerequisites and legal consequences of revocation are set out in the following revocation instructions:

  1. Cancellation policy

If you are a consumer, you have the right to revoke this contract within fourteen days without stating any reasons. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

 

The withdrawal period is 14 (fourteen) days from the day of the conclusion of the contract.

 

To exercise your right of withdrawal, you must send us,

 

Matchoo GmbH, 

Alter Wall 32, 

20457 Hamburg, 

Deutschland 

E-mail: info@matchoo.eu 

www.matchoo.eu  

Telephone: + 49 (0) 40 / 80 90 31 90 94

Telefax: + 49 (0) 40 / 80 90 31 91 50

 

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed model cancellation form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

  1. Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will fees be charged due to this repayment. 

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

 

End of the cancellation policy

 

  1. Pursuant to Section 312 g (2) of the German Civil Code (BGB), the right of revocation does not apply, inter alia, to the delivery of goods that are not prefabricated and for whose manufacturer an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. It expires prematurely for goods if these are inseparably mixed with other goods after delivery due to their nature.

  2. The right of withdrawal shall also expire in the case of a contract for the provision of services if the trader has provided the service in full and has only begun to provide the service after the consumer has given his express consent to this and at the same time confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract by the trader.

  3. The right of withdrawal shall also expire in the case of a contract for the supply of digital content not on a tangible medium if the trader has started performance of the contract after the consumer has given his express consent for the trader to start performance of the contract before the expiry of the withdrawal period and has confirmed his knowledge that by giving his consent he loses his right of withdrawal upon the start of performance of the contract.

  4. Model withdrawal form

 

If you wish to cancel the contract, please fill in this form and return it to us.

 

Matchoo GmbH, 

Alter Wall 32, 

20457 Hamburg

Deutschland

E-mail: info@matchoo.eu 

 

I/we (*) hereby revoke the contract concluded by me/us (*).



Concluded on: 

Your name: 

Your address:

Your signature (only in case of notification on paper):

Date:

(*) Please delete where inapplicable.