GTC

1. Scope and subject matter of the contract

1.1. these General Terms and Conditions (hereinafter referred to as "GTC") govern the use of the job platform www.wintersummerjobs.com (hereinafter referred to as "Platform") and the associated services between TOC Agentur für Kommunikation GmbH & Co. KG, Münchner Straße 150, 83703 Gmund am Tegernsee, Germany (hereinafter referred to as the "Operator") and the users of the Platform.

1.2. the platform is used for the placement of jobs. Job seekers can use the platform and apply for job advertisements free of charge. Applicants must be of legal age to upload their own profile. Certain services are subject to a fee for companies (hereinafter referred to as "customers").

1.3. deviating or supplementary terms and conditions of the customer shall not become part of the contract unless the operator expressly agrees to their validity in writing.

2. Registration and customer account

2.1. the operator provides the customer with a customer account.

2.2. registration of a customer account on the platform is required in order to make use of chargeable services. Registration is only permitted for legal entities and natural persons with unlimited legal capacity.

2.3. within the customer account, customers are provided with information about the orders and their customer data stored with the operator.

2.4. the information stored in the customer account is not public. Customers must create a customer account in order to place an order. Guest orders are not possible.

2.5. customers are obliged to provide truthful information in the customer account and to adapt the information to changes in actual circumstances where necessary (for example, a change of Email address in the event of a change of address or a change of postal address prior to an order). Customers are responsible for any disadvantages arising from incorrect information.

2.6. customers are responsible for their customer accounts within the scope of their sphere of influence and insofar as this responsibility can reasonably be expected of them. It is the customer's responsibility to exercise the greatest possible care when using access data to the customer account and to take every measure to ensure the confidential, secure handling of the data and to prevent its disclosure to third parties.

2.7. customers are obliged to inform the seller immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing the customer account.

2.8. the customer account may only be used in accordance with the applicable statutory provisions, in particular the provisions on the protection of third-party rights, and in accordance with the operator's GTC by means of the access masks and other technical access options provided by the operator. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.

2.9. if customers save, share or otherwise publish content or information in their customer account (in particular job advertisements), they are responsible for this content. Depending on the technical possibilities, this content includes, for example, texts, images and personal details (e.g. company data, logos).

2.10 The operator does not adopt the content of customers as its own and does not identify with this content. However, it reserves the right to take necessary measures if there are indications of legal problems or dangers for third parties (e.g. discriminatory, misleading or illegal content in job advertisements). These measures are based on carefully selected criteria. The aim is to ensure that each action is justified. It is checked whether a measure is necessary to solve the problem or avert the danger. It is also assessed whether the measure is proportionate to the severity of the problem or danger. It is also ensured that it is taken with the necessary care and after a thorough assessment of all relevant information and circumstances. Finally, the measure must be based on an objective and unbiased assessment of the situation. Possible measures include the deletion of the content in question, requests for comments or corrections, warnings, legal action or even the blocking or deletion of the customer account. When deciding on these measures, the operator carefully considers the requirements of the situation and the rights and interests of all parties involved. In particular, the fundamental rights of the customer are taken into account in order to ensure a fair and just solution.

2.11. customers can terminate the customer account at any time. The operator may terminate the customer account at any time with a reasonable notice period, which is usually two weeks. The termination must be reasonable for the customer. The operator reserves the right to terminate for extraordinary reasons, in particular in the event of serious breaches of these GTC or applicable law.

2.12. from the time of termination, the customer account and the information stored in the customer account are no longer available to the customer. It is the customer's responsibility to back up their data when terminating the customer account.

3. Services and products for customers

After successful registration, customers can purchase the following fee-based products:

3.1. placing job advertisements

3.1.1 Customers can publish job advertisements on the platform. Publication takes place for a specific period (standard duration: 3 months), which is specified when booking.

3.1.2 The customer is responsible for the content of his job advertisements. The content must comply with the applicable laws; in particular, it must not be discriminatory, offensive or misleading. They must not infringe the rights of third parties.

3.1.3 The operator reserves the right to reject, edit or remove job advertisements that violate these GTC or are not compatible with the platform's guidelines for other important reasons (e.g. illegal content). Fees will not be refunded in such cases.

3.1.4 The presentation and placement of job advertisements on the platform is the responsibility of the operator. There is no entitlement to a specific order or visibility.

3.2. extension of job advertisements

3.2.1 Customers have the option of extending the term of an already published job advertisement after the original term has expired. The chargeable extension is for a further period (standard term: 3 months), which is specified at the time of booking.

3.2.2 The conditions for the content of job advertisements in accordance with section 3.1.2 also apply to job advertisements that are extended in time.

3.3. social media boost

3.3.1 Customers can book a "Social Media Boost" for their job advertisements. This service includes the promotion of the respective job advertisement via the operator's social media channels (Instagram).

3.3.2 The type, scope and duration of the Social Media Boost are determined at the time of booking. The operator does not guarantee a specific number of clicks, reach or applications through the social media boost.

3.3.3 The customer agrees that the operator may use the contents of his job advertisement (texts, images, logo) for the application on social media.

4. Prices and terms of payment

4.1. the prices for the fee-based products (placement of job advertisements, extension, social media boost) are based on the operator's current price list, which can be viewed on the platform.

4.2. unless otherwise stated, all prices are net (plus the applicable statutory VAT for companies based in Germany).

4.3. when using financial institutions and other payment service providers, the terms and conditions and data protection notices of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notices as well as information during the payment process. This is particularly because the provision of payment methods or the payment process may also depend on the agreements between the customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).

4.4. the customer shall ensure that he/she fulfills the requirements necessary for successful payment using the selected payment method. These include, in particular, sufficient funds in bank accounts and other payment accounts, registration, legitimization and authorization with payment services and confirmation of transactions.

4.5. credit card payment - When placing an order, customers provide their credit card details. The customer's credit card will be charged immediately after completion of the order and after authorization as the rightful cardholder.

4.6. PayPal - Payment is made via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") using the PayPal payment method provided or selected by the customer. Customers are forwarded directly to PayPal at the end of the order process. For customers who have a PayPal account, the following PayPal terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
If customers use PayPal's services without having a PayPal account, the following terms of use apply: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
Overview of all conditions: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

5. Contract term and termination

5.1. the contracts for the individual products (job advertisement, extension, Social Media Boost) end automatically after expiry of the booked period or the provision of the booked service, without the need for separate termination.

5.2. the customer account can be terminated by the customer at any time without giving reasons. In this case, any fees already paid for services not yet used will not be refunded.

5.3. the operator may terminate the customer account without notice if there is good cause, in particular in the event of breaches of these GTC, misuse of the platform or late payment.

6. Liability of the operator

6.1. the operator is liable without limitation for damages resulting from injury to life, body or health, which are based on a negligent or intentional breach of duty by the operator or his vicarious agents, as well as for other damages which are based on a grossly negligent or intentional breach of duty by the operator or his vicarious agents.

6.2. the operator shall only be liable for slight negligence in the event of a breach of a material contractual obligation (cardinal obligation). A cardinal obligation is an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract.

6.3. liability under the Product Liability Act remains unaffected.

6.4. the operator assumes no liability for the constant availability of the platform or the freedom from errors of the services offered by it. In particular, the operator is not responsible for technical faults, failures or delays that lie outside its area of responsibility.

6.5. the operator is not liable for the accuracy, completeness and timeliness of the content posted by customers, in particular job advertisements.

7. Obligations and liability of the customer

7.1. the customer is responsible for all content that he publishes on the platform. He assures that this content is lawful, does not infringe the rights of third parties and does not violate applicable law or these GTC.

7.2. the customer shall indemnify the operator against all third-party claims arising from its content or the use of the platform by the customer, including the costs of legal defense.

7.3. the customer is obliged to use the platform only as intended and not to use any automated systems or programs that could impair the functionality of the platform.

8. Data protection

8.1. the operator collects, processes and uses personal data of users exclusively in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).

8.2 The details of data collection and data processing are regulated in the operator's privacy policy, which can be viewed on the platform.

9. Changes to the GTC

9.1. the operator reserves the right to amend these GTC at any time with effect for the future.

9.2. changes will be communicated to the customer by Email to the address provided during registration or by a notice on the platform.

9.3. if the customer does not object to the changes within two weeks of receipt of the notification, the amended GTC shall be deemed accepted. The operator shall make separate reference to this legal consequence in the notification of change.

10. Final provisions

10.1. 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.

10.2. the exclusive place of jurisdiction for all disputes arising from or in connection with these GTC and the use of the platform is Munich, provided that the customer is a merchant within the meaning of the German Commercial Code or a legal entity under public law.

10.3 Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic intent of the invalid provision.