Nutzungsbedingungen_E

General Terms of Use

.

(1) General

  1. These General Terms of Use shall apply to all legal relationships of Dr. Andreas Degenhardt, Mühlenstrasse 8a, 14167 Berlin, Germany (hereinafter “JOBBELGANGER”), with respect to users of the website www.jobbelganger.com and all subpages (hereinafter “website”) as well as for the software application jobbelganger (hereinafter “app”).
  2. JOBBELGANGER is aimed exclusively at commercial users.
  3. Deviating terms of business of the users do not apply unless JOBBELGANGER has confirmed this in writing. Individual agreements between JOBBELGANGER and the users shall always have priority.
  4. The business relationships between JOBBELGANGER and the users are subject to the law of the Federal Republic of Germany.
  5. The user can retrieve, save and print these General Terms of Use. JOBBELGANGER stores the text of the contract. The text of the contract will not be stored by JOBBELGANGER in a way that it can be retrieved by the users. The contractual language is German.
  6. The place of jurisdiction is Berlin, insofar as the user is a merchant or a legal entity under public law or a special fund under public law. The same applies if a user does not have a general place of jurisdiction in Germany or if the user’s place of residence or habitual abode is unknown at the time the action is filed.

(2) Scope of Services

  1. In addition to information on the website or in the app, JOBBELGANGER offers users the opportunity to conclude contracts for short-term temporary work. For this purpose, users who are looking for a temporary employee (hereinafter “commissioning users”) and users who want to perform temporary work (hereinafter “freelancers”) can register on the website and create accounts. Freelancers can also specify in which area (e.g. sports or hotel/restaurant), at which location, at what times and for what remuneration they offer the work. Commissioning users can search for freelancers who can perform the corresponding work at certain times and conclude a contract with them directly via the website.
  2. JOBBELGANGER explicitly points out that the users concerned are exclusively responsible for their entries. JOBBELGANGER is also not involved in the possible conclusion of a service contract or other contract, but rather only provides the technical opportunity for commissioning users and freelancers to enter into a contract.
  3. JOBBELGANGER does not check the correctness of the information provided in the user profile. JOBBELGANGER also does not check whether the work offered by the freelancers constitutes a self-employed activity or an employment relationship. It is up to the users to check this and to comply with the resulting rights and obligations. The users themselves are responsible for ensuring that they have the necessary permits and authorizations for the work offered and provided.
  4. The information published on the website or in the app is of a general nature.

(3) Prerequisites for the Use of the Website

  1. Any individual or any legal entity is entitled to use the website and the app under the provision prescribed herein.
  2. Individual persons must be of age and legally competent if they wish to register on the website or in the app. Persons who have not yet reached the age of 18 require the consent of their legal representative.

(4) Registration

  1. Visiting the website is free of charge and possible without registration. However, registration is required in order to use the services of JOBBELGANGER.
  2. In order for users to be able to use the services of JOBBELGANGER they must register by means of a double opt-in procedure on the website. Freelancers must provide their email address, their first and last name and a password. Commissioning users must provide their email address, a password, their first and last name and their company name or VAT number. Registration and use of the services of JOBBELGANGER is free of charge.
  3. The users receive an email from JOBBELGANGER with a link to confirm the registration. A registration which a user does not complete within 48 hours by logging into the website for the first time or by clicking on the link in the confirmation email can be deleted by JOBBELGANGER. Upon confirmation of the registration by the user, a contract on the use of the placement platform operated on the website or via the app (hereinafter “contract of use”) is concluded between JOBBELGANGER and the respective user. JOBBELGANGER confirms the conclusion of the contract of use via email and sends the terms of use and the privacy policy to the user.
  4. Up until the registration process is completed, a user can correct their entries directly in the corresponding input fields using the usual keyboard and mouse functions. The communication between JOBBELGANGER and the user takes place via the email address provided by the user.

(5) Setup

  1. After users have confirmed their registration, freelancers must provide their date of birth, telephone number, street and house number as well as a postcode, city and country. In addition, the desired hourly wage, the currency of the wage as well as the radius in which they would like to work and at least one work activity must be provided.
  2. Commissioning users must provide a telephone number, their business name, an email address to which invoices issued by JOBBELGANGER on behalf of freelancers are to be sent as well as the street, house number, postcode, city and country of their head office and, optionally, of their branches (including the email address of the respective branch).

(6) Account

  1. After completing registration and setup, users can manage their data in an account. Freelancers can create a binding booking offer to conclude a contract with a commissioning user. Commissioning users can submit as many search requests as they choose. In doing so, the information marked as mandatory must be provided. Finally, each user can indicate that they do not want to commission certain users or that they do not want to be commissioned by certain users.
  2. The following data must be stored in the account of the commissioning user in order for bookings to be made via JOBBELGANGER:
    • Master data: street, house number, postcode, city and country of the place of business, telephone number, email address, email address for receiving the invoices of the freelancers, responsible administrator
    • The registration number of the commercial register number can be provided
    • Locations: address and email address of branches, business name
  3. The following information must be stored in the freelancer’s account:
    • Personal data: street, house number, postcode, city and country of business or residence, telephone number, hourly wage, currency, working radius
    • Offered work activities
    • Qualifications
    • The billing information required by the state or federal government such as VAT number, tax number and bank details, if JOBBELGANGER is to create and send invoices
    • The calendar must contain the time period in which the freelancer can be booked. The commissioning user can also book the freelancer for a shorter period of time that lies within the period specified in the calendar. The period of time specified by the freelancer and the time booked by the commissioning user must not be less than the minimum booking time (at least 60 minutes in the sports sector and at least 180 minutes in the hotel and restaurant sector)
  4. By entering the appointment into the calendar and clicking on “Save“, the name of the freelancer, their offered work activity, the total remuneration calculated from the hourly wage, as well as the freelancers ratings become visible and bookable as a binding booking offer for those commissioning users who are looking for the offered activity. Up until the upload of the aforementioned details, the freelancer can correct their entries directly in the corresponding input fields at any time using the usual keyboard and mouse functions. Communication between the freelancer and the commissioning user placing takes place via the provided email addresses. Up until a booking is made by another user, the offer can be revoked or changed at any time.
  5. In their account, the freelancer must provide information on their qualification. Via the account, the freelancer can also instruct JOBBELGANGER to create invoices for the services provided by the freelancer and booked via www.jobbelganger.com and to send these invoices in the name of the freelancer to the commissioning user.
  6. The data requested by JOBBELGANGER must be provided correctly. If the provided data changes subsequently, the user is obliged to correct the information immediately.

(7) Direct Commissioning of the Freelancer

  1. The booking offer of a freelancer (in accordance with clause (6) sec. 4.) is an offer to conclude a service contract with the commissioning user which can be revoked at any time up until it is accepted by the commissioning user.
  2. The commissioning user can search for freelancers by specifying the assignment time, the location and the work activity. If a freelancer has posted a corresponding booking offer, the booking offer will be shown to the commissioning user.
  3. The commissioning user placing the order can accept the freelancer’s offer by clicking the “Book” button. The users will then receive a confirmation of the booking by email or push notification.
  4. The contract concluded between the users is governed by the statutory provisions, unless the users agree otherwise.
  5. If the commissioning user is behind schedule with the acceptance of the services, the freelancer can demand the agreed upon remuneration for the services not performed as a result of the tardiness, without being obliged to provide subsequent services. However, the freelancer must allow for the offsetting of the value of what they save as a result of the failure to provide the service or that which they acquire through other use of their services or those that they willfully neglect to acquire.
  6. If the freelancer has commissioned JOBBELGANGER to create an invoice for their account, an invoice will be sent in the name of the freelancer to the email address of the commissioning user. The due date of the remuneration is based on the legal provisions.
  7. The freelancer’s work activity in the field of sports is insured free of charge via JOBBELGANGER’s business liability insurance in accordance with the insurance conditions liability-insurance, which can be accessed here.

(8) Availability

  • JOBBELGANGER does not guarantee the constant and comprehensive availability of the website and the portal, as this may be impaired, for example, by disruptions to the service of the public communication networks, the power supply or other circumstances beyond JOBBELGANGER’s control. JOBBELGANGER also reserves the right to temporarily restrict the service through maintenance work or further development, insofar as this is necessary for proper improved operation.

(9) Ratings

  1. Users are obliged to rate each other. The rating is to be made in the user account. The rating should be completed within 48 hours.
  2. A rating will be published on the website when either both the commissioning user and the freelancer have submitted their ratings with regard to the completed activity or, if only one user has submitted a rating, at the latest 10 days after submission of this rating.
  3. If JOBBELGANGER becomes aware that no business contact has taken place between the rated user and the user who has posted the rating and/or the user who has posted the rating places false information about the user concerned in the rating and/or insults the user in the rating, JOBBELGANGER can delete the rating.

(10) Duties of Conduct of the User, Exemption from Violations

  1. The user may not pass on the access data to third parties. The user must keep the password safe and secret. Every user is obliged to inform JOBBELGANGER immediately if there are indications that their user account has been misused. Each user is fundamentally liable for all activities carried out through their user account and indemnifies JOBBELGANGER from any claims for damages by third parties, unless the user is not responsible for the misuse.
  2. In general, the information provided by the users is not checked by JOBBELGANGER. However, if JOBBELGANGER becomes aware that a user is violating these terms of use or legal regulations, the illegal content will be removed immediately or access to it will be blocked.
  3. When making documents and other information or objects affected by the rights of third parties available, the user guarantees that they have the necessary rights to do so, such as the necessary rights of use for a photograph.
  4. The user ensures that the information provided is true and correct.
  5. The user guarantees that they are a genuine commissioning user or freelancer and that they are not using the website for any purpose other than a serious and accurate search for fill-in work. The user ensures that their use complies with these terms of use.
  6. The user may not use the website to
    • engage in activities that are directly or indirectly unlawful, harmful, immoral, threatening, harassing, disingenuous,
    • invade another person’s privacy,
    • express themselves in a hateful or racial, sexual, unethical or otherwise harmful manner,
    • engage in any activity that infringes on or may infringe on the rights of others,
    • transmit to third parties any content to which the user has no rights,
    • enter into the system information that is improper, irrelevant, misleading and intentionally untrue and false,
    • intentionally carry out activities that deliberately lead to system malfunctions.
  7. Furthermore, the user undertakes to refrain from,
    • impersonating any other person or entity,
    • intentionally providing false information.
  8. Users may not use any mechanisms, software or other scripts in connection with the use of the website that may interfere with the functioning of the website and/or the app, in particular those that enable automated page views to be generated.
  9. Users shall not take any action that may place an unreasonable or excessive load on the infrastructure of the website and/or the app.
  10. Users may not block, overwrite or modify content generated by JOBBELGANGER or interfere with the website in any other way.
  11. Each user shall, except in the case that they are not at fault, at their own expense, indemnify, hold harmless and defend JOBBELGANGER from and against any and all claims, actions or suits brought by third parties against JOBBELGANGER or its legal representatives or agents, as well as any and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, but not limited to, attorneys’ fees and other negotiation costs within a reasonable amount) incurred by JOBBELGANGER or its legal representatives or agents, arising out of or in connection with any breach by the user of these Terms of Use or any applicable laws, regulations or requirements in connection with the use of the website. In such an event, JOBBELGANGER will notify the user in writing of any such claim, action or proceeding. The user is to participate to the fullest extent possible in the defense of any such claim.

(11) Term of Contract and Termination

  • The contract of use between JOBBELGANGER and registered users for the free use of the website is of unlimited duration. The contract may be terminated by the contracting parties at any time without notice. Termination is effected by deleting the user account which the user carries out themselves under the menu item “Personal Data” (freelancers) or “Master Data” (companies).

(12) Blocking and Extraordinary Termination

  1. JOBBELGANGER may take the following measures if there are concrete indications that a user has violated legal provisions, third party rights or these Terms of Use, or if JOBBELGANGER has another justified interest, in particular to protect other users:
    • Warning of users
    • Temporary, partial or permanent blocking of users
    • Extraordinary termination of concluded user contracts
  2. As soon as a user has been temporarily or permanently blocked, they may no longer use the website or the app, even with other user accounts, and may not register again. A blocked account cannot be restored; there is no entitlement to restoration.

(13) Liability of JOBBELGANGER

  1. Apart from liability for material defects and defects of title, JOBBELGANGER shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. JOBBELGANGER is also liable for a slightly negligent breach of essential obligations (obligations whose breach jeopardizes the fulfillment of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the users regularly rely), but in each case only for the foreseeable damage typical for the contract. JOBBELGANGER shall not be liable for the slightly negligent breach of other obligations.
  2. The limitations of liability of the preceding paragraph do not apply in the case of injury to life, body and health.
  3. If the liability of JOBBELGANGER is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.

(14) Data Protection

  • The collection, processing and use of users’ personal data by JOBBELGANGER is carried out in compliance with the applicable data protection regulations and in accordance with our data protection policy.

(15) Note

  • The German version of these terms and conditions and their legal bases are the only current and valid version of this document. Thus, the translated version is provided for your convenience solely to facilitate the reading and understanding of the German version. Accordingly, the translated version is not legally binding and cannot replace the German version. In case of doubt, the German language legal agreements and conditions always take precedence.

 

Last updated: September 30, 2023

 

 

 

..