As of: October 2024

Jobcluster Deutschland GmbH
Fuldaer Straße 13
36124 Eichenzell
Germany
(hereinafter referred to as “jcd”)

provides the One-Click-Recruiter at jobcluster.jcd.de for use by companies to conveniently publish their job postings (hereinafter “OCR”). jcd grants the right to use the OCR platform in accordance with the following provisions.

 

1. Scope of Application

These Terms of Use apply to all users (hereinafter “User”) of the OCR.

The currently valid Terms of Use can be accessed and printed on the platform at any time.

 

2. Conclusion of Contract

The contractual right to use the OCR is established between jcd and the User upon commencement of use.

The subject matter of the usage agreement is the use of the OCR for placing job postings through the OCR. Use of the OCR is only possible on the basis of a free registration, the paid commissioning of individual recruiting services, and the conclusion of a corresponding OCR usage agreement.

The User has no legal entitlement to the generally free use of the platform.

The language of the contract is exclusively German.

 

3. User Accounts

Use of the OCR requires the creation of a user account at jobcluster.jcd.de, consisting of a username and a password (“Login Credentials”). Creating a user account is only possible by providing a current email address of the User. This email address also serves as the means of communication with jcd. Creating a user account is free of charge.

The User is obligated to handle the login credentials with care. In particular, the User is prohibited from disclosing the login credentials to third parties and/or granting third parties access to the profile by circumventing the login credentials.

The User warrants that the data used when creating their profile (“Profile Data”) is accurate and complete.

 

4. Use of the OCR

The User has the ability to create, manage, and publish job postings.

jcd is entitled at any time to block or delete individual content, for example if there is a suspicion that it violates applicable law or third-party rights. The User has no right to the maintenance of individual platform functionalities.

jcd strives to operate the OCR without disruptions. This is naturally limited to services within jcd’s sphere of influence. jcd reserves the right to restrict access to the platform, in whole or in part, temporarily or permanently, due to maintenance work, capacity concerns, and other events beyond its control.

 

5. User Obligations

The User undertakes not to upload any content to the platform that, by its content, form, or design, or in any other way, violates applicable law or public morals. In particular, the User undertakes to comply with applicable law (e.g. criminal law, competition law, and youth protection law) when uploading content, and not to infringe any third-party rights (e.g. rights to a name, trademarks, copyrights, image rights, and data protection rights).

The distribution of content that constitutes, concerns, or contains the following is not permitted:

• Racism
• Glorification of violence and extremism of any kind
• Calls to and incitement of criminal offences and violations of law, threats to life, body, or property
• Incitement against individuals or companies
• Statements that violate personal rights, defamation, insults, and slander against Users and third parties
• Violations of fair competition law
• Content that infringes copyright or other intellectual property rights
• Sexual harassment of Users and third parties
• Pornography
• Offensive, sexist, obscene, vulgar, abhorrent, or disgusting material and expressions
• Advertising for services or goods of the User or third parties

This also applies even if the respective content does not violate applicable law, third-party rights, or public morals.

Furthermore, it is not permitted to publish job advertisements that do not correspond to a position that is actually to be filled.

It is also a violation of personal rights, and therefore impermissible, to disclose the anonymity of other Users or to share information obtained from other Users through private messages, emails, or chats that is not intended for the public. Users may not include in their posts or otherwise disclose information that could reveal the identity of another User or that the User received from other Users exclusively through private messages, emails, or chats.

 

6. Copyrights

The platform contains data and information of all kinds that are protected by trademark and/or copyright. It is therefore not permitted to download, reproduce, or distribute the platform or individual parts thereof. However, technically necessary reproduction for browsing or reading purposes, as well as permanent reproduction for personal use, is permitted.

 

7. Downloads

Downloads are at the User’s own risk. We accept no liability for damages arising without our fault from the downloading, installation, storage, or use of software or content from our website.

 

8. Content

jcd may publish advertising content – in part fully automatically – on behalf of third parties without being able to fully verify their legal permissibility. jcd does not adopt such content as its own. As an advertising customer, the User is responsible for the unrestricted legal permissibility of the advertisement as a whole and of its individual contents. By publishing the advertisement, the User undertakes to indemnify jcd upon first request from all costs incurred by jcd in connection with claims for information, injunctive relief, and damages, as well as the legal review of the merits of such claims relating to the advertisement as a whole or to the contents of the advertisement.

jcd assumes liability for the content of its website in accordance with statutory provisions. However, jcd does not guarantee the accuracy, completeness, currency, or suitability for any particular purpose of such content.

 

9. Job Advertisements

Only one job title and thus one position may be published per job advertisement.

 

10. Liability

Unlimited Liability: jcd is liable without limitation for intent and gross negligence, as well as in accordance with the provisions of the Product Liability Act. For slight negligence, jcd is liable for damages resulting from injury to life, body, or health of persons.

In all other respects, the following limited liability applies: In the event of slight negligence, jcd is only liable in the case of a breach of a material contractual obligation whose fulfilment is what makes the proper performance of the contract possible in the first place and on whose observance the User may regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the damages foreseeable at the time of conclusion of the contract that typically arise. This limitation of liability also applies for the benefit of jcd’s vicarious agents.

 

11. Indemnification

The User shall indemnify jcd and its employees or agents against all third-party claims arising from actions of the User in connection with the use of the platform for which the User is responsible, in the event of claims being made due to an alleged or actual legal infringement and/or infringement of third-party rights. Furthermore, the User undertakes to reimburse jcd for all costs incurred by jcd as a result of claims by third parties. Reimbursable costs also include the costs of reasonable legal defence.

 

12. Place of Performance and Jurisdiction

The place of performance is the registered office of the operator (Fulda/Eichenzell).

The exclusive place of jurisdiction is Fulda/Eichenzell, Germany. This applies to all disputes that may arise between the parties. The law of the Federal Republic of Germany shall apply exclusively, including for Users based outside Germany.

 

13. Data Protection

All information regarding the processing of personal data can be found in jcd’s Privacy Policy, which is available at: https://www.one-click-recruiting.de/rechtliches/datenschutzhinweise-fuer-kunden-interessenten-und-nutzer-der-webseite/

 

14. Final Provisions

jcd reserves the right to amend or supplement these Terms of Use with effect for the future.

Other agreements, in particular assurances, amendments, and ancillary arrangements, must be made in writing.