Legal

General Terms and Conditions of JobSwop.io UG (haftungsbeschränkt)

JobSwop.io UG (haftungsbeschränkt) (hereinafter “JobSwop.io”) provides a platform for searching job offers via a website and a mobile application (“App”). The following General Terms and Conditions apply under Section A to users who use the platform as employees to search for a new job, and thereafter under Section B to businesses that use the platform to search for employees.

Section A

§ 1 Subject matter of the contract

A.1.1.

The platform enables the user to search for jobs and research the labor market. In addition, JobSwop.io aims to refill the user’s current position.

A.1.2.

Only adult consumers within the meaning of Section 13 of the German Civil Code (BGB) qualify as users under these terms of use.

§ 2 Conclusion of contract

A.2.1.

The user concludes a contract with JobSwop.io by registering on the platform provided by JobSwop.io.

A.2.2.

Use of the platform is free of charge for the user. Use of the platform is not possible without registration.

§ 3 User profile

A.3.1.

As part of registration, the user creates a user profile. The user may register only once and create only one user profile. The user chooses a publicly visible username and a password for the user profile.

A.3.2.

The user profile is anonymous except for the username. Only the user decides when, to whom, and whether to disclose their identity. To preserve anonymity, the user should choose a username that does not correspond to their real name. Because the username is public, a professional choice is recommended.

A.3.3.

The user is obliged to keep the password chosen during registration confidential. The user must not allow third parties to use their user profile. The user must inform JobSwop.io without delay of any possible or known unauthorized use of their access data.

A.3.4.

Because JobSwop.io not only suggests suitable job offers but also arranges to refill the current position, the user must provide certain—partly personal—data. The user guarantees the accuracy of the data provided. JobSwop.io is entitled to use users’ data for trend analyses and overviews. The respective results are always published anonymously. Beyond that, personal data are not published by JobSwop.io.

§ 4 Description of services

A.4.1.

The platform is used by the user to search for jobs. The user specifies the position currently held and the position sought.

A.4.2.

The user provides JobSwop.io with data about the current position so that a suitable other user can be found for that position. This is what distinguishes JobSwop.io from other job portals and platforms. The data pool from which JobSwop.io finds a suitable position for the user consists of

search requests from businesses seeking new employees, and
the current positions specified by individual users who are seeking a new job.

If the user finds a new job, their previous position will become vacant. These positions, still occupied at present but potentially becoming vacant, increase the number of available job offers.

A.4.3.

The data provided by the user are used by JobSwop.io to match against businesses’ search requests and positions of other users. If JobSwop.io’s analysis shows that the user profile matches positions of other users and/or a paid search request of a business, a “matching” occurs. JobSwop.io then facilitates the job-swap and job offers. JobSwop.io will disclose the user and/or the business accordingly. The user may ignore, save, reject, or contact the other user or the business regarding the specific job-swap or job offer. Contacts with businesses are established only after the business has paid the applicable fee.

A.4.4.

Contact is initiated by users and businesses themselves via an internal messenger function. Neither a user nor a business is obliged to respond to contact requests. Contact requests may be accepted, ignored, or rejected. Any further data transfer, contract negotiations, and conclusion of contracts take place between the user and the business.

A.4.5.

On the platform, JobSwop.io merely facilitates contacts between users or between users and businesses. JobSwop.io is neither involved in contract negotiations nor in contract conclusions. JobSwop.io therefore cannot guarantee that an employment contract will be concluded, nor does JobSwop.io owe such a result. The subject matter is the provision of the platform, not the outcomes achieved on it.

§ 5 Liability of the operator

A.5.1.

JobSwop.io has no influence over content, statements, and interactions within the messenger function between users and businesses. Messages sent via the messenger function are not content of JobSwop.io. Users are obliged to report unlawful or criminal content to JobSwop.io. JobSwop.io assumes no liability for unlawful or criminal content shared by users or businesses via the messenger service.

A.5.2.

JobSwop.io cannot guarantee uninterrupted technical availability of the platform. Within the state of the art, JobSwop.io will endeavor to keep the platform consistently available. However, JobSwop.io is entitled to temporarily shut down the platform for necessary maintenance, improvements, and security measures.

A.5.3.

JobSwop.io is liable only for intent and gross negligence. Liability for simple negligence exists only in the event of a breach of a contractual duty essential to the performance of the contract and in cases of injury to life, limb, or health.

§ 6 Duties of the user

A.6.1.

The user is obliged to observe applicable law and third-party rights when using the platform.

A.6.2.

The user shall refrain from

providing false information in their user profile;
making insulting, defamatory, glorifying-violence, or sexually explicit statements;
harassing other users, in particular by sending chain letters.

A.6.3.

A user profile may be created only by a consumer within the meaning of Section 13 BGB. Businesses must create a business profile. Businesses are prohibited from creating user profiles.

§ 7 Termination of the contract

A.7.1.

The user may terminate the contractual relationship at any time. The app provides a button for this purpose.

A.7.2.

JobSwop.io may, for good cause—particularly in the event of violations of the user duties set out in § 6—terminate the contractual relationship with the user at any time without notice. The user will be informed in text form.

A.7.3.

In the event of termination, JobSwop.io will delete the user profile. If JobSwop.io terminates for good cause, JobSwop.io may also block the user’s future access to the platform.

Section B

§ 1 Subject matter of the contract

The platform enables businesses within the meaning of Section 14 BGB to search for new employees.

§ 2 Conclusion of contract

B.2.1.

The business concludes a contract with JobSwop.io by registering on the platform provided by JobSwop.io.

B.2.2.

Registration on the platform is initially free of charge for the business. Costs arise only when a contact request is made to a candidate. Use of the platform is not possible without registration.

§ 3 Business profile

B.3.1.

As part of registration, the business creates a business profile. The business must state its company name as the username. It selects a password during registration.

B.3.2.

The business is obliged to keep the password chosen during registration confidential. It must inform JobSwop.io without delay of any possible or known unauthorized use of its access data.

§ 4 Description of services

B.4.1.

The platform is used by the business to search for positions.

B.4.2.

JobSwop.io facilitates job-swap and job offers. The business does not place a job advertisement but creates a search request, selecting the position to be filled. JobSwop.io matches available user data with the sought position. If JobSwop.io’s analysis shows that a user profile matches a business’s job offer, a “matching” occurs. JobSwop.io then informs the business that a suitable user has been found.

B.4.3.

Enabling contact via the internal messenger function is subject to a fee for the business. The business decides which suggested profile(s) to unlock for contact. The price for enabling contact depends on the intended maximum annual salary for the position to be filled and is communicated to the business in advance.

B.4.4.

Contact is initiated by the business itself. A user is not obliged to respond to contact requests from businesses. Contact requests may be accepted, ignored, or rejected by the user. Any further data transfer, contract negotiations, and conclusion of contracts take place between the user and the business.

B.4.5.

On the platform, JobSwop.io merely facilitates contacts between businesses and users. JobSwop.io is neither involved in contract negotiations nor in contract conclusions. JobSwop.io therefore cannot guarantee that an employment contract will be concluded with a user, nor does JobSwop.io owe such a result. The subject matter is the provision of the platform and the facilitation of contact with a user matching the business’s search request.

§ 5 Fees

B.5.1.

The fees incurred when enabling a contact are communicated before enablement. They are based on the maximum annual remuneration offered by the business. Fees are due immediately in advance.

B.5.2.

Payments are possible exclusively via the offered payment service providers and by invoice.

§ 6 Liability of the operator

B.6.1.

JobSwop.io has no influence over content, statements, and interactions within the messenger function between users and businesses. Messages sent via the messenger function are not content of JobSwop.io. JobSwop.io assumes no liability for unlawful or criminal content shared by users via the messenger service.

B.6.2.

B.6.3.

§ 7 Duties of the business

B.7.1.

The business is obliged to observe applicable law and third-party rights when using the platform.

B.7.2.

The business shall refrain from

providing false information in its business profile;
making insulting, defamatory, glorifying-violence, or sexually explicit statements;
harassing other users, in particular by sending chain letters.

§ 8 Termination of the contract

B.8.1.

For good cause—particularly in the event of violations of the contractual duties set out in § 7—JobSwop.io may terminate the contractual relationship at any time without notice. The business will be informed in text form.

B.8.2.

In the event of termination, JobSwop.io will delete the profile. If JobSwop.io terminates for good cause, JobSwop.io may also block the business’s future access to the platform.