General Terms and Conditions (GTC)
1. Preliminary remarks
1.1 SH2O GmbH operates a community platform under the domain www.jobstage.io ("Platform"), which enables students to get to know potential future employers within the framework of virtual job challenges.
1.3 The General Terms and Conditions ("GTC") for the use of the jobstage platform govern the use of the platform and the associated services, which include in particular participation in virtual challenges.
1.4 These GTC apply to both the companies offering a virtual challenge (hereinafter the "Companies") and the private individuals participating in a virtual challenge ("Participants", together with Companies the "Users"). Insofar as necessary, a distinction is made below between the Company and Participant accordingly.
1.5 jobstage does not recognize any GTC of the user that contradict or deviate from these GTC, unless their validity is expressly agreed to in writing. These GTC shall also apply if jobstage unconditionally provides the service to the company in the knowledge of terms and conditions of the user that conflict with or deviate from these GTC.
2.1 The use of the platform and services of jobstage requires prior registration and the creation of a corresponding account on the part of the user. Registration is free of charge for users, i.e. without payment of a registration or ongoing fee, with the exception of the fee to be paid by the company for setting the virtual challenge. Depending on whether the user is a company or a participant, different (personal) data must be provided. The exact scope of the query can be found in section 2.4 of the GTC and in the data protection declaration. jobstage is not obliged to pay out any prizes, e.g. for the Early Bird registration or possible challenge prizes, to registered users if the virtual challenge has not been successfully completed.
2.2 Registration is open to all natural or legal persons who (in the case of natural persons) have reached the age of 18. The registration of a legal person may only be carried out by a natural person authorized to represent the company, who must be named.
2.3 When registering, each user must specify a password of his or her own choice and agree to these GTC and the data protection provisions by placing a check mark. Users are obligated to keep the selected password secret. jobstage points out that claims can be asserted against the connection owner in case of non-compliance. With regard to companies, the password can only be passed on to another person within the company, whose data must also be provided during the registration process. The users commit themselves to inform jobstage immediately in case of suspicion of unauthorized use of the user account and to change the password immediately.
2.4 During the registration process, the following (personal) data is required from the participants: First name, last name, address, age (with regard to section 2.2), e-mail address and information on the current professional status (university, course of study, specialization in studies, acquired skills, special knowledge) is required.
Companies must record the company together with the complete company name, company identification, as well as the address, surname, first name, e-mail address, function and information on the power of representation of the person registering the company. In addition, companies have the possibility to enter in the company profile whether and which positions are to be filled in principle.
2.5 Any data provided during registration must be truthful. Users are also obliged to continuously check that all data provided is up to date.
2.6 The General Terms and Conditions used as a basis for registration will be sent to the user at the e-mail address provided by the user after registration has been completed and the user will be welcomed at jobstage.
2.7 Each user may only register once and may only have a single account. Should jobstage determine that a user has several accounts, jobstage will delete all accounts except for a single account after consultation with the affected user. Jobstage also reserves the right to permanently delete the affected user.
2.8 There is no entitlement to a registration.
2.9 jobstage reserves the right to refuse registration requests or to delete profiles and to block users' access to the website and profiles. A blocking can be considered, for example, if (i) other participants are discriminated against in a legally relevant way or (ii) mobbed, (iii) hate postings are published or (iv) other participants are insulted in a criminally relevant way. The same also applies if a participant leaves the team several times during a virtual challenge without an objective reason. The user will be informed of the planned deletion of the user profile by e-mail or in writing at least one week before the planned deletion. If the user profile is blocked, the user will be informed of the reason for the block by e-mail at the time of the block.
2.10 It is prohibited to advertise on the platform for own or third-party services of any kind without the approval of jobstage, with the exception of the presentation of the companies within the scope of the offer of virtual challenges.
2.11 Within the scope of these GTC, the companies grant jobstage the right to use the name of the company in the context of advertising, e.g. on the platform, at trade fairs or on social media, such as Twitter, LinkedIn or Facebook, for the jobstage offer.
3. Contract of use
3.1 The contract on the use of the platform between jobstage and the participant is concluded by the registration on the platform and the acceptance of these GTC.
3.2 The registration does not convey any right to participate in virtual challenges.
4. Virtual Challenges
4.1 As described in section 1.1 above, jobstage offers virtual challenges that enable participants to get to know potential future employers. jobstage does not guarantee, however, that every participant will come into contact with the company. There is no claim to this. Companies are given the opportunity to get to know the participants in the course of the virtual challenge and to check whether they are suitable for a position with the company. If this is the case, the companies have the option of contacting the participants via the stored e-mail address after the virtual challenge has ended.
4.2 Participation of (i) employees of jobstage or (ii) the companies or companies affiliated with them in the virtual challenges is excluded.
4.3 Virtual challenges are tasks which are set by the company itself or which are released by the company on the suggestion of jobstage. They are processed by a team consisting of a maximum of three participants ("Team") within the time period specified in section 4.3.
4.4 The topic selected by the company, which is the subject of the virtual challenge, must (i) not violate any legal regulations in terms of topic, e.g. must not have any discriminatory content as its subject and (ii) must be able to be processed within the time frame specified in Clause 4.5. The virtual challenge will only be published after approval by jobstage.
4.5 Participants have a total of four hours for the virtual challenge. The Challenge begins when the time specified by the company in the description of the Virtual Challenge begins. The teams must all participate in the Challenge at the same time. In any case, a Virtual Challenge will only take place if a minimum number of participants of twelve is reached over the entire acquisition of the Virtual Challenge. Voting within the team in the virtual challenge takes place via a video call. In order to participate, the participant is therefore required to use a PC or mobile device with a camera function and to allow access to the image. The video team vote will not be stored by jobstage in any form.
4.6 The virtual challenges carried out are permanently available on the platform. This includes the title and the task of the virtual challenge, but not the actual online participants who took part in the virtual challenge and/or their results.
5. Services provided by jobstage
5.1 jobstage is obligated to process the user contract according to these GTC.
5.2 jobstage undertakes to regularly inform the registered users when new virtual challenges are carried out and to actively promote them. In doing so, jobstage will evaluate all information provided by the participants to jobstage.
5.3 Participants will be informed by jobstage to an appropriate extent via their email address stated in their profile in accordance with the data protection regulations. After initial registration, the legal basis for the mailing is § 7 para. 3 UWG. The consent can be revoked at any time with effect for the future. In every e-mail you receive from us, there is a link provided for this purpose. Alternatively, you can also send your revocation at any time by e-mail to email@example.com. Upon revocation, the contract of use within the meaning of section 3 of these GTCs shall also end at the same time.
5.4 jobstage stores the registration data of the profiles. Optionally, additional data may be entered, for example a profile picture.
5.5 jobstage makes the platform available for use in the respective function and form. jobstage always strives for a high availability of the platform so that the functions are available to all users at all times. A certain minimum availability is not owed and/or guaranteed. Temporary interruptions of operation due to the usual maintenance work, system-immanent disturbances at providers or at network operators as well as due to other technical reasons or in case of force majeure are possible. Therefore, there is no claim to uninterrupted, complete or trouble-free accessibility or usability of the platform at any time.
5.6 jobstage does not guarantee that the maximum selected number of teams will be reached.
6. Rights to the results of the virtual challenge
6.1 The results of the virtual challenge, in particular the industrial property rights and copyrights, are jointly owned by the respective team. In the case of copyright, there is usually joint authorship. This grants the participating companies a free, simple, geographically unlimited and sublicensable right of use to the results. Insofar as the company wishes to be granted an exclusive, exclusive right of use to the results produced, it shall have the option, in accordance with the statutory provisions, to have this granted to it against payment of an appropriate fee.
6.2 Insofar as these are works protected by copyright, the right of use shall include in particular the duplication, distribution, public reproduction and making available to the public of the results in all known types of use, including the right to edit and further develop the results and the use of the resulting results to the aforementioned extent.
6.3 The users shall ensure in each case that the results achieved do not violate the property rights of third parties. For jobstage's liability, please refer to section 8.3.
The general privacy conditions can be found in the privacy declaration.
8.1 For claims based on damages caused by us, our legal representatives or vicarious agents, jobstage shall always be liable without limitation
in case of injury to life, body or health,
in case of intentional or grossly negligent breach of duty,
in case of guarantee promises, as far as agreed, or
as far as the scope of application of the Product Liability Act ("ProdHaftG") is opened.
8.2 In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims based on slight negligence are excluded.
8.3 jobstage is not liable (i) for the violation of the (protective) rights of third parties or (ii) for the legality of the contents uploaded by the participants, (iii) for the contents of external websites linked to the platform or (iv) for the fact that companies contact the participants not only once, as provided for in the GTC, but several times after the Challenge. Corresponding claims are to be asserted between the participant and the company.
8.4 The participant agrees to indemnify jobstage upon first request from all claims of third parties that these third parties assert against jobstage if and to the extent that the participant has violated an obligation contained in these GTC, in particular section 8.3. In this case, the participant will bear the costs of legal defense incurred by jobstage to a reasonable amount.
8.5 jobstage is not liable in connection with Clause 5.5 for the non-availability of the system or disruption of the system or individual functions, in case of publication or deletion of data.
9. Changes of the GTC
9.1 jobstage is entitled to change its GTC with an appropriate period of notice (see para. 2) if a change is (i) necessary and (ii) does not unreasonably disadvantage the user.
9.2 jobstage shall notify the customer of any changes to the GTC in text form in the internal area four weeks before they take effect. If the user does not agree with the changes, he can object to them. The objection can be submitted by email. jobstage will inform the user about the existence of this right of objection in the notification of change and that the changes will be considered as approved if the customer does not object to them within four weeks after receipt of the notification of change.
10. Final provisions
10.1 These GTC are exclusively subject to German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
10.2 In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10.3 The exclusive place of jurisdiction for legal disputes between the Seller and merchants, legal entities under public law or special funds under public law arising from contracts shall be the Seller's place of business.
10.4 Should any provisions of these GTC be or become invalid or unenforceable in whole or in part, or should these GTC contain one or more gaps, the validity of the remaining provisions shall remain unaffected. In place of the invalid, unenforceable or missing provisions, such provision shall be deemed to be agreed as the parties would have made in accordance with the economic purpose pursued by them with this contract had they considered the relevant point.
10.5 If you have any questions about the GTC, please always feel free to contact us at firstname.lastname@example.org.