Note: The German version of our Terms is binding. The English version is for informational purposes only.
General Terms and Conditions of Use and Business of Talentlicious GmbH
1. General
(1) These General Terms and Conditions are the binding rules that apply between Talentlicious GmbH, Schönblickstr.6, 82229 Seefeld, e-mail: info@helfendergast.de - hereinafter referred to as "TALENTLICIOUS" - and users, i.e. consumers and clients / companies of our platform www. helfendergast.de.
(2) TALENTLICIOUS is a career platform operated at www.jobsfromgermany.com and www.helfendergast.de for all job seekers - hereinafter referred to as "users" - who want to develop their careers or are looking for something new. It enables interested users to register via TALENTLICIOUS and state their career aspirations or use a community platform for mutual exchange. In addition, clients/companies have the opportunity to operate their own career pages (company profile) using the TALENTLICIOUS software, to which users can apply. The object of the contract of use with TALENTLICIOUS is the use of the services provided via our platform. Use of the platform requires an internet-enabled device with up-to-date and functional browser software.
(3) These GTC apply to everyone, regardless of whether they are entrepreneurs or consumers (users) when using the platform. Our GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the client/company shall only become part of the contract if and insofar as we have expressly agreed to their validity. This requirement of consent shall apply in all cases.
2. Registration and procedure / liability for content / checking of content
(1) Registration with a current e-mail address and the desired password is required to use the platform. Use of the platform is possible after confirmation of the e-mail address. Use is free of charge for our users. Clients/companies also have the choice between the paid membership packages (subscriptions) offered on the site.
(2) Each user and each client/company may only create one user account. The transfer to third parties is not permitted. Users undertake to take the necessary measures to ensure the confidentiality of their account data and password and to keep their password secret. TALENTLICIOUS must be notified immediately in the event of misuse of the account or suspicion thereof and in the event of misuse or loss of the password.
(3) After activating the platform for use, users can create a user profile and clients/companies can create a client/company profile. In doing so, all users are obliged to provide complete and truthful information and to observe any confidentiality obligations arising from the law and towards their current or former employer.
(4) The clients/companies themselves are liable for their job advertisements, advertising texts and other content. In particular, they are solely responsible for ensuring that the content of their job advertisements does not infringe the rights of third parties or legal requirements. If claims are asserted against TALENTLICIOUS by third parties on the basis of the client's/company's content, the client/company undertakes to indemnify TALENTLICIOUS against third-party claims. This also includes any costs of legal defense and fines imposed on TALENTLICIOUS by the authorities. Fines of a considerable amount may be imposed in particular for violations of the GDPR if the client/company technically manipulates content and thus violates data protection regulations. The client/company is also responsible for compliance with the General Equal Treatment Act (AGG) and indemnifies TALENTLICIOUS against any claims by third parties due to a violation of this, as shown above.
(5) TALENTLICIOUS is not obliged to check advertisements of the client / company for legal admissibility.
(6) TALENTLICIOUS shall be liable without limitation for claims for damages of the customer/company which are based on intent or gross negligence, including intent or gross negligence of the representatives or vicarious agents of TALENTLICIOUS, in cases of the assumption of a so-called guarantee of quality, in cases of fraudulent concealment of defects, as well as in cases of culpable injury to life, body or health. In all other cases of slight negligence, TALENTLICIOUS shall only be liable if a so-called cardinal obligation has been breached. Cardinal obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the client/company may regularly rely. In such a case, liability for damages shall be limited to the foreseeable and typically occurring damage, but to a maximum of €1,000. The limitations of liability apply accordingly in favor of the employees, agents and vicarious agents of TALENTLICIOUS.
(7) TALENTLICIOUS checks the respective profile for the reliability of the statements before activating it. TALENTLICIOUS reserves the right to check individual details, for example by requesting proof from users and clients/companies. TALENTLICIOUS is entitled to refuse the publication of profiles if the user or client/company profile does not correspond to the specialization of TALENTLICIOUS or if the reliability of the information has not been sufficiently proven. This also applies if the content to be published violates legal requirements, official prohibitions, third-party rights, common decency / the code of conduct, ethical guidelines or the TALENTLICIOUS General Terms and Conditions.
(8) Once the profile has been activated by TALENTLICIOUS, the user profile is compared with the jobs of potential employers stored with TALENTLICIOUS. User profiles are only visible to clients/companies if the user has clicked on "Show interest" in the job offer or has informed TALENTLICIOUS of this in another unambiguous manner (e.g. by e-mail, chat). The user profile will not be displayed to the client/company without the user's consent.
User profiles are visible to other members on the community platform when users create a profile there. TALENTLICIOUS displays suitable job offers in the user's customer account. TALENTLICIOUS also sends these to users by email and WhatsApp if users so wish and have given their consent.
If the user clicks on "Follow", their entire profile is activated for the client/company. The client/company now has access to the user profile and can arrange a meeting with the user or reject it. Users can click on "Show interest" for several companies at the same time. TALENTLICIOUS forwards the employer inquiries received by TALENTLICIOUS by e-mail to the user's e-mail address stored with TALENTLICIOUS. If both parties are interested, users can contact the potential employer directly by message.
3. User profile/data processing
(1) Users can create a user profile and store information here, such as CV data or attachments. If the user uploads attachments to complete their profile, TALENTLICIOUS analyzes the content and structure in an automated process and uses this analysis to improve its services. TALENTLICIOUS also uses data provided by the user to offer the user job recommendations tailored to their needs based on their profile data. TALENTLICIOUS also uses the information stored in the user profile to make the application process more efficient.
(2) Users can choose between two profile settings: Their profile can be "visible", for user groups selected by the user, or "not visible". In general, a user profile that is set to "not visible" is only visible to the client/company when the user has clicked on "Follow" in the client/company profile or has informed TALENTLICIOUS of this by e-mail or chat. The user profile cannot be viewed by third parties without the user's consent. The profile is only visible to all other members on the community platform.
(3) TALENTLICIOUS is entitled to forward personal data in user profiles to potential employers if the user has given consent to this. The personal data will only be forwarded for the purpose stated in the consent, which is usually the introduction to the client/company selected in consultation with the user.
(4) If the user applies for a position stored in the job portal, which is linked to the applicant management portal of the respective client/company, the further processing of the applicant data takes place exclusively there in accordance with the regulations of the respective client/company. TALENTLICIOUS has no influence on this processing and is not liable for the proper handling of the data.
4. Fee-based membership for clients/companies
(1) In order to be able to offer job vacancies on the platform operated by TALENTLICIOUS itself, clients/companies are required to conclude a fee-based membership contract for the placement of advertisements (subscriptions). The client/company can choose between the subscriptions offered on the website.
(2) The presentation and advertising of subscriptions on the website does not constitute a binding offer to conclude a contract. A contract is only concluded when TALENTLICIOUS accepts the client's/company's order by means of a declaration of acceptance or when the service is provided.
(3) Once membership has been concluded, the client/company may post job advertisements (subscription) and its professional and personal requirements for future employees on the platform for the agreed duration and use the community platform with the functionalities offered there.
(4) The client/company is free to design the job profile, the requirements profile and the initiation and handling of the employment relationship. However, the client/company is responsible for compliance with the statutory provisions and indemnifies TALENTLICIOUS from all damages or claims of third parties due to violations in accordance with Section 2 (4).
5 Prices and payments
(1) The subscription prices stated on the website are net prices and do not include the applicable statutory VAT.
(2) The agreed subscription price must be paid in advance, but no later than 10 days after invoicing. Invoices shall be sent exclusively by e-mail. The job advertisements requested by the client/company will only be published by TALENTLICIOUS once payment has been received in full.
(3) Unless expressly agreed otherwise, payment shall only be made using the payment methods shown on the website. TALENTLICIOUS only accepts payments by bank transfer from abroad if all bank charges incurred are borne by the customer.
(4) Clients/companies are not entitled to offset against claims of TALENTLICIOUS unless the counterclaims have been legally established or are undisputed.
6. Brokerage activities/ provision of services
TALENTLICIOUS does not provide job counseling and/or placement services. Our service is the provision of a platform so that contacts between clients/companies and users can be established. TALENTLICIOUS cannot guarantee that the job advertisements posted are vacant for users. There is no entitlement for users to a successful placement and no entitlement to the provision of a certain number of job advertisements. Clients/companies also have no claim to the placement of suitable users.
7. Recruitment agency
(1) In the portal, external partners in the form of talent ambassadors and recruiting agencies also offer their services directly to the clients/companies using the platform. By confirming a request as a talent ambassador or recruiter, business is initiated between the client/company and the respective intermediary. The contractual relationships are agreed directly between the agent and the client/company placing the advertisement.
(2) Recruitment agencies are obliged to conclude a recruitment contract with all applicants to be placed by them, which includes consent to the transfer of data to suitable clients/companies. The recruitment agencies undertake to comply with all statutory provisions of German data protection law and the General Data Protection Regulation).
8. Processing of the user's content
(1) If the user provides TALENTLICIOUS with content (personal data, CV, etc.), the user instructs TALENTLICIOUS to store and host this content and, if agreed, to make it accessible to third parties, in particular clients/companies. TALENTLICIOUS uses the content in accordance with the agreement between the user and TALENTLICIOUS. By making the content available to TALENTLICIOUS, the user grants TALENTLICIOUS the right of use to fulfill the purpose of the agreement for the duration of the agreement. This also includes the right to store, reproduce, format, (technically) process, transmit, make accessible and analyze and evaluate the content itself or through third parties. TALENTLICIOUS is also entitled to store the data in an outage system or separate outage data center. TALENTLICIOUS is also entitled to make changes to the structure of the data or the data format in order to eliminate faults. TALENTLICIOUS will only publish the content uploaded by the users in the software and make it accessible to third parties to the extent that this is necessary for the purpose of the contract.
9. Duties of TALENTLICIOUS
(1) The services offered by TALENTLICIOUS are subject to continuous further development, which may change from time to time to a reasonable extent. TALENTLICIOUS reserves the right to temporarily or permanently discontinue the provision of the services (or functions within the services) for individual or all users. TALENTLICIOUS will provide reasonable advance notice of any changes or restrictions to the services.
(2) TALENTLICIOUS is not liable for the loss of data due to any technical malfunction or discontinuation of services.
(3) The availability of the platform is 98% on an annual average. This excludes times when the servers are unavailable due to routine and previously announced maintenance work or disruptions beyond the control of TALENTLICIOUS.
(4) TALENTLICIOUS endeavors to keep the software up to date, but there is no legal entitlement to this. TALENTLICIOUS may limit or extend the functional scope of the platform at any time.
10. Obligations of users and clients/companies
Users and clients/companies are prohibited from using the platform software and the TALENTLICIOUS services for purposes other than their own personal or professional purposes, in particular not for other commercial purposes, without the express permission of TALENTLICIOUS.
In particular, users and clients/companies are strictly prohibited from
● to introduce or attempt to introduce viruses, Trojans, worms or other malicious code onto the platform,
● hack, manipulate or attempt to hack the platform's software,
● Scripts and other automatable or semi-automatable procedures for using the platform,
● bypass or attempt to bypass the platform's security functions.
● rent out the account or otherwise use it commercially, sublicense it or make it available to third parties in any other way,
If a client/company places its job advertisements electronically directly in the TALENTLICIOUS job exchange, it undertakes to inform TALENTLICIOUS in good time of any technical changes concerning the processing of XML, RSS feeds or APIs, so that the necessary technical measures can be taken by TALENTLICIOUS to ensure further error-free processing.
11. Right of withdrawal for consumers
Cancellation policy prepared in accordance with EGBGB Annex 1 to Art. 246a § 1 para. 2 sentence 2 Reference: BGBl. I 2013, 3642 - 3670
COMPLAINT NOTICE (for consumers)
Right of withdrawal
As a consumer, you have the right to withdraw from this contract of use within fourteen days without giving any reason.
The withdrawal period is fourteen days from the conclusion of the contract. To exercise the right to cancel, you must inform us, Talentlicious GmbH, Schönblickstr.6, 82229 Seefeld, E-Mail: info@helfendergast.de of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Sample withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it to us).
Talentlicious GmbH, Schönblickstr.6, 82229 Seefeld, E-Mail: info@helfendergast.de- I/we (*) hereby revoke the contract concluded by me/us (*) for the use of the platform helfendergast.de (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
(*) Delete as appropriate.
12. Termination and notice of termination
(1) Our users can delete the profile they have set up with us. The contractual relationship between TALENTLICIOUS and the user is also terminated when the profile is deleted.
Clients/companies are entitled to terminate the free user contract in text form at any time without stating reasons. When booking a paid subscription, termination is possible without stating reasons with a notice period of 2 weeks to the end of the subscription term in text form.
(2) As long as users make use of the TALENTLICIOUS services, users will receive new job offers from TALENTLICIOUS in accordance with the user profile until the user informs TALENTLICIOUS that he/she does not wish to receive any new job offers. This notification is made via a contact channel of the user's choice.
(3) The end of the use of individual services in accordance with paragraph 2 above has no influence on the existence of the contract as such.
(4) If the contract is terminated by the user or by TALENTLICIOUS, the personal user data (including name, e-mail, telephone number, messages, uploaded files) will be archived archived by TALENTLICIOUS. The user account and the data will be permanently deleted no later than six (6) months after termination of the contract. This does not apply if TALENTLICIOUS requires the relevant data to enforce claims against clients / companies or users or if statutory retention obligations exist
(5) TALENTLICIOUS reserves the right to delete inactive user profiles whose last login to the system was more than 6 months ago. Affected users will be notified of the impending deletion at least two weeks before deletion by e-mail to the e-mail address stored in the profile.
(6) The following applies to clients/companies:
If the selected membership option and the subscription contract concluded with it are not terminated by the authorized person 2 weeks before the end of the agreed minimum term or the respective renewal period by the authorized representative, the contractual relationship shall be extended by the term for which it was originally concluded.
7) When the termination takes effect, the contractual relationship ends and the client/company can no longer use its access. TALENTLICIOUS reserves the right to block the user name and password when the termination takes effect.
13. Opinion research to improve the offering
(1) In order to continuously improve the services of TALENTLICIOUS, TALENTLICIOUS occasionally conducts surveys, for example to obtain direct feedback on service quality after successful or unsuccessful placement/application, or to generate better job suggestions.
(2) Users and clients/companies will each receive an invitation to these surveys. Participation in the surveys is voluntary.
14. Use of the community platform
(1) When using the community platform, users and clients/companies are bound by applicable law, compliance with common decency and all rules that TALENTLICIOUS sets out for proper use.
(2) The means of communication provided (chat, video call, online conferences) may only be used for the purposes of the platform.
(2) Addresses, e-mail addresses and other contact data that come to the knowledge of a user or client/company in the course of using the community platform may not be used or passed on for other purposes.
(3) Saving, reproducing or modifying the content of the community platform is prohibited unless expressly agreed otherwise.
(4) TALENTLICIOUS reserves the right to suspend, inactivate or delete user profiles that violate these rules.
15. Liability for links / handling of provided content
TALENTLICIOUS accepts no responsibility for data material, advertisement texts or related storage media supplied and is in particular not obliged to store or return them. Deletion after the end of the contract shall take place in accordance with the legal requirements and in accordance with the explanations in Section 12. In addition, TALENTLICIOUS accepts no responsibility for links to external websites.
16. Confidentiality
Users, in particular clients/companies, undertake to maintain confidentiality vis-à-vis third parties regarding all business information, including user data, received in the course of the brokerage activity during the term of the contract and after termination of this contract.
17. Data protection
TALENTLICIOUS may process and store the user data that users upload in their user profile and pass it on to third parties insofar as this is necessary for the execution of the placement and as long as TALENTLICIOUS is obliged to store this data due to legal regulations. Further information on data protection at TALENTLICIOUS can be found in the privacy policy.
18. Amendment of the GTC
TALENTLICIOUS reserves the right to amend these General Terms and Conditions at any time and without stating reasons. You will be notified of the amended General Terms and Conditions in text form at least two weeks before they come into force. The amended General Terms and Conditions shall be deemed to have been accepted if you do not object to them within two weeks of receipt of the notification. When notifying you of the amended General Terms and Conditions, TALENTLICIOUS will draw your attention to the deadline and the consequences of failing to object.
19. Copyrights
TALENTLICIOUS holds the copyright to all its own images, films and texts published on the website. Use of the images, films and texts is not permitted without the express consent of TALENTLICIOUS.
20. Dispute resolution, applicable law and place of jurisdiction
(1) TALENTLICIOUS does not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).
(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer and has his habitual residence in another country at the time of registration, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(3) In the case of clients/companies, the exclusive place of jurisdiction is the registered office of TALENTLICIOUS, irrespective of the registered office of the client/company. Furthermore, the exclusive applicability of German law shall apply.
(4) If translations of these Terms and Conditions are published and this results in discrepancies between the translation and the original German version, the provisions of the original German version shall apply.
Seefeld in February 2024