General Terms and Conditions (AGB)

These General Terms and Conditions (AGB) apply to all services provided by Chiway Europe GmbH (hereinafter "Provider") via the platform job-market.de to businesses within the meaning of § 14 BGB and consumers within the meaning of § 13 BGB (hereinafter "Users").

The Provider operates the online platform job-market.de for publishing job advertisements and enabling contact between employers and applicants. In addition, supplementary services (e.g. headhunting and applicant training) are offered.

The specific services and the applicable prices are set out in the current service description and price overview on the platform.

The Provider does not become a party to the contracts concluded between employers and applicants and gives no guarantee that a contract will be concluded.

Use of the platform is subject to technical availability.

Registration is required to use certain functions. Persons lacking legal capacity may not create a user account. Minors with limited legal capacity may use the platform and make legally binding declarations in connection with the platform only if the required prior consent of their legal representatives has been given. Statutory exceptions under which consent is not required remain unaffected.

For paid services, the Provider may request suitable proof of the legal representative's consent. If required proof is not provided, the conclusion or continuation of the paid contract may be refused or suspended until the matter is clarified.

The User is obliged to provide correct, complete and up-to-date information during registration, to treat their access data confidentially and to protect it against access by unauthorised third parties.

A transfer of the user account to third parties is only permitted with the prior consent of the Provider.

The Provider makes the technical functions of the platform available to the User. The specific scope of services is set out in the respective service description on the platform.

There is no entitlement to a particular placement success. In particular, the Provider does not owe the conclusion of an employment relationship.

Employers can book paid services (e.g. job advertisements, visibility packages).

All prices stated are net prices plus the statutory value added tax, where applicable.

Payment is made via the payment methods offered on the platform.

Unless otherwise stated for the respective payment method, the fee is due upon conclusion of the contract. For purchase on account, the payment deadline stated on the invoice applies.

In the event of late payment, the Provider is entitled to charge default interest at the statutory rate. For businesses, this amounts to 9 percentage points above the applicable base rate (§ 288 (2) BGB).

Section 13 of these Terms applies exclusively to contract term, renewal and termination.

The Provider offers paid services for consumers (e.g. training, consulting).

All prices are stated inclusive of statutory value added tax.

Payment is made via the payment methods offered on the platform.

Unless otherwise stated for the respective payment method, the fee is due upon conclusion of the contract. For purchase on account, the payment deadline stated on the invoice applies.

In the event of late payment, the Provider is entitled to charge default interest at the statutory rate. For consumers, this amounts to 5 percentage points above the applicable base rate (§ 288 (1) BGB).

Services are provided in accordance with the respective service description.

Consumers have a statutory right of withdrawal. Details are set out in the withdrawal notice. The withdrawal notice is provided to the consumer separately before conclusion of the contract.

For paid services, the right of withdrawal expires upon complete performance of the service if the consumer has expressly agreed before the start of the service that the Provider begins performance before the end of the withdrawal period and has confirmed their knowledge that their right of withdrawal expires upon complete performance of the contract.

For paid digital content not supplied on a tangible medium, the right of withdrawal may expire upon the start of performance of the contract if the statutory requirements for this are met, in particular the consumer's express consent, their confirmation of knowledge and the required confirmation of the contract.

Where required by law, the Provider makes an easily accessible electronic withdrawal function available to consumers during the withdrawal period for distance contracts concluded via an online user interface. The use of other legally permissible means of exercising the right of withdrawal, in particular by email, remains unaffected.

The Provider makes a Jobletter available. Its use is currently free of charge.

There is no entitlement to specific content, a specific sending frequency or the availability of the service.

The Provider may change or discontinue the service at any time.

The User may unsubscribe from the Jobletter at any time.

The Provider reserves the right to offer the service for a fee in the future. Paid use will only take place on the basis of a separate contract.

Users are obliged to use the platform exclusively within the framework of applicable law and these Terms.

Users are in particular obliged:

• not to publish discriminatory, offensive, misleading or illegal content,
• not to infringe the rights of third parties, in particular copyrights, trademark rights or personal rights,
• not to misuse the platform, in particular not to carry out automated access (e.g. bots, scraping) or distribute spam.

For businesses (employers), the following additionally applies:

• job advertisements must be created truthfully and completely,
• applicable employment law provisions, in particular the General Equal Treatment Act (AGG), must be complied with,
• it must be ensured that they are entitled to publish the respective content.

For applicants, the following additionally applies:

• the information provided must be truthful and up to date,
• no illegal or misleading content may be submitted,
• the rights of third parties and data protection provisions must be observed.

The Provider makes an easily accessible electronic reporting procedure available for reporting specific allegedly illegal content. Incoming reports are processed promptly, carefully, objectively and non-arbitrarily in accordance with the applicable statutory provisions. Where required by law, reporting persons and affected users are informed of receipt and the decision.

The Provider may temporarily block access to individual functions or the entire user account or terminate the user account if the User violates statutory provisions, the rights of third parties, these Terms or essential security and conduct rules of the platform.

Violations include in particular the posting or distribution of illegal, harmful, fraudulent, misleading content or content infringing the rights of others, identity misuse, spam and technical attacks on the platform or its users, in particular hacking attempts, the introduction of malware, the circumvention of security measures, unauthorised access, automated abusive queries or other attempts at manipulation or disruption.

Before a suspension or ordinary termination, the User is generally informed and, insofar as the nature and severity of the violation permit, given the opportunity to remedy the situation within a reasonable period. In the case of serious violations, specific security risks, imminent danger, legal obligations or where prior notice would jeopardise the purpose of the measure, the Provider may also provisionally suspend without prior notice or terminate extraordinarily for good cause. The User will be informed of this without delay, unless statutory or official reasons prevent this.

Further statutory rights and claims, in particular for injunctive relief and damages, remain unaffected.

All content and design elements of the platform provided by the Provider itself, in particular texts, graphics, logos, trademarks, database structures, software components, layouts and other protected content, remain the property or within the rights ownership of the Provider or the respective licensors. Use outside the contractually intended platform functions requires the prior consent of the respective rights holder, unless permitted by law.

Users retain the rights to the content they post. However, by posting, the User grants the Provider a simple, free-of-charge, geographically unrestricted right of use valid for the duration of the provision of the respective content, insofar as this is necessary for the operation, storage, technical reproduction, display, making publicly available and contractual distribution of the content via the platform. This right includes the technically necessary editing, in particular formatting, scaling and conversion, without impermissibly altering the meaning of the content.

The User warrants that they hold the rights required for posting and for the use described above and that the content does not infringe the rights of third parties. After deletion of the content or termination of the user account, the right of use ends, unless statutory retention obligations, legitimate interests in preserving evidence or technically unavoidable backup copies prevent this. Content already lawfully stored or shared by other users within the platform function remains unaffected, insofar as this is legally permissible.

The Provider is liable without limitation for intent and gross negligence as well as for injury to life, body or health.

In the event of slightly negligent breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), the Provider is liable only for the foreseeable damage typical for the contract at the time of conclusion of the contract. Otherwise, liability for slight negligence is excluded.

Vis-à-vis businesses, liability under the preceding paragraph is additionally limited in amount to the net remuneration that the business concerned actually paid to the Provider for the service underlying the damaging event in the twelve months prior to the occurrence of the damage or, in the case of a shorter contract term, since the start of the contract. This additional liability cap does not apply insofar as it would, in the individual case, fall unreasonably short of the foreseeable damage typical for the contract at the time of conclusion of the contract.

The above limitations of liability do not apply in the case of intent or gross negligence, injury to life, body or health, fraudulent concealment of a defect, assumption of a guarantee, claims under the Product Liability Act or in other cases of mandatory statutory liability.

The Provider assumes no liability for content posted by Users, in particular not for its accuracy, completeness or legality, unless mandatory statutory liability of the Provider exists.

The Provider is not liable for the conclusion of contracts between Users, in particular between employers and applicants.

Insofar as the liability of the Provider is excluded or limited, this also applies to the personal liability of its legal representatives, employees and vicarious agents.

Insofar as the Provider makes the technical functions of the platform available for job advertisements, applicant profiles and contact between companies and applicants, its role is limited to the provision of these platform functions.

The Provider does not become a party to the employment or other contracts concluded between employers and applicants and to that extent gives no guarantee of placement or hiring success.

For the Provider's own separately offered services, in particular headhunting, consulting or applicant training, the role and performance obligation of the Provider are governed by the respective service description and the agreement made in this regard.

The respective Users are generally responsible for job advertisements, applicant profiles and other user content posted by Users. The statutory obligations of the Provider in dealing with illegal content remain unaffected.

There is no general prior review of all content posted by Users. The Provider remains entitled and, where required by law, obliged to review reported or otherwise known content and to take appropriate measures.

The respective Users are generally responsible for the accuracy, completeness and legality of the content they provide; mandatory statutory obligations and liability of the Provider remain unaffected.

The Provider processes Users' personal data in accordance with the applicable data protection provisions.

Further information on the processing of personal data, the legal bases, recipients, storage periods and the rights of data subjects can be found in the Provider's current privacy policy, available at: https://www.jobmarket-chiway.com/en/privacy

The specific term of a paid contract is set out in the service description or the respective tariff selected upon conclusion of the contract. The right to extraordinary termination for good cause remains unaffected in all cases.

If a fixed initial term has been agreed and the contract is not terminated at the end of this initial term, it is extended after its expiry exclusively for an indefinite period, insofar as automatic renewal has been agreed. The consumer may terminate the extended contractual relationship at any time with a notice period of no more than one month.

Insofar as § 312k BGB applies, the Provider makes a permanently available, directly and easily accessible electronic termination option available on the website in accordance with the statutory requirements and confirms the termination electronically in text form without delay. The use of other legally permissible means of termination remains unaffected.

Unless otherwise agreed in the respective tariff or individual contract, a fixed-term contract is extended after expiry of the agreed initial term by the originally agreed term, but by no more than twelve months, unless it is terminated with a notice period of three months to the end of the respective contract term.

Terminations may be made in text form (e.g. by email), unless a simpler form or a special electronic termination procedure is prescribed by law. Receipt of the termination by the Provider is decisive for compliance with the notice period.

Fees already paid will not be refunded in the event of termination, unless otherwise provided by law or contract.

The Provider is entitled to amend these Terms with effect for the future insofar as this is necessary for objective reasons, in particular due to changes in the legal situation, case law or economic conditions.

The Provider will notify Users of the amendments in text form in good time before they come into effect.

Insofar as the amendments do not concern essential contract content, they are deemed approved if the User does not object to them within 4 weeks of receipt of the notification. In the notification, the Provider will expressly draw the User's attention to the right to object and the consequences of failing to object.

Essential amendments are in particular those affecting the main performance obligations, prices or terms.

Insofar as essential contract components are affected, amendments only become effective if the User expressly agrees to them.

If the User objects to the amendments, the Provider is entitled to terminate the contractual relationship ordinarily.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the state in which a consumer has their habitual residence remain unaffected.

If the User is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contractual relationship is the registered office of the Provider.

Should individual provisions of these Terms be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions remains unaffected.