1.1 The following General Terms and Conditions (hereinafter referred to as "AGB") apply to the range of services operated by Catch GmbH, Vitalisstraße 67, 50827 Cologne, Germany (hereinafter referred to as "Catch Talents"), which is provided under the domain www.catch-talents.de (hereinafter referred to as "Platform") and in the applicant management system of Catch Talents (hereinafter referred to as "Tool"; platform and tool together hereinafter referred to as "Software").
1.2 In addition, the data protection declaration (available at: https://www.catch-talents.de/index.php#datenschutz_agb) applies.
1.3 The version of the General Terms and Conditions valid at the time the contract is concluded shall apply.
2. subject matter of the contract
2.1 Catch Talents offers entrepreneurs, legal entities and partnerships that have registered in accordance with Section 3 the opportunity, within the framework of the provisions of these General Terms and Conditions, to post application positions (hereinafter "application positions") on the platform and in the tool and to search for applicants there (hereinafter "company"). Catch Talents also offers natural persons who do not act for the purpose of their commercial or self-employed professional activity, so-called consumers (hereinafter "users"), the opportunity to post and publish applications (hereinafter "applications") on the platform within the framework of the provisions of these GTC. In addition, Catch Talents offers companies and registered users the opportunity to automatically match open application positions and posted applications on the platform.
2.2 Catch Talents also offers companies the opportunity to integrate the tool on their own website. The use of the platform and the tool for companies is explained in more detail in Section B of these GTC and is subject to a fee (cf. provision in Section B).
2.3 Catch Talents itself does not offer any application offices or applications, but makes the platform available to users and companies and acts as an intermediary between users and companies. Catch Talents is neither involved in the recruitment process of the application offices or applications, nor in the implementation of the application process. Catch Talents will not be a party to any employment contract that may be concluded between the Company and the User. Catch Talents also has no influence on the selection of users by the Company. Users therefore have no claim against Catch Talents to the conclusion of an employment contract or participation in an application procedure with a company. Furthermore, the content published on the platform or in the tool by users and companies is not checked by Catch Talents and does not represent any information or opinions of Catch Talents.
3. registration and its requirements, conclusion of the user contract.
3.1 Full use of the Platform, including within the scope of the License Agreement pursuant to Section 13, requires registration and the creation of a user account (hereinafter "Account").
3.2 Registration as a company is only possible using the electronic form provided on the Platform (hereinafter "Registration Form"). To register, the Company must complete the registration form in full, stating its full name, a valid e-mail address and the creation of a password, and submit it by clicking on the button ["Register now free of charge"]. Before submitting the registration form, the Company may re-check all data previously entered by it and, if necessary, correct it by entering other data or delete the data entered in the respective input field.
3.3 Registration is only possible if
a. the company is subject to these general terms and conditions and
b. has agreed to the data protection declaration.
The registration form can therefore only be sent if the company has declared the aforementioned consent by ticking the appropriate box.
3.4 Registration as a company is reserved only for entrepreneurs, legal entities and partnerships and may only be carried out by an authorised representative who must be named during registration.
3.5 Each Company may register only once. One account must be created per company. An account is not transferable.
3.6 After sending the registration form, Catch Talents will send the Company an automatic e-mail with a confirmation link (hereinafter "Registration Confirmation"). With the registration confirmation, the Company may also receive further information in text form. The registration confirmation represents the legally binding offer of Catch Talents to conclude a user contract in accordance with these GTC. The company can accept this offer by clicking on the confirmation link and logging onto the platform for the first time. The user contract (hereinafter "user contract") between the Company and Catch Talents is hereby concluded.
3.7 In order to use the software, the Company must, upon request, supplement further information on the platform, which is provided in detail in the respective input forms.
3.8 The Company shall be obliged to provide truthful and complete information on the information requested during registration and otherwise when registering and using the Software. Catch Talents must be informed immediately and unsolicited of any changes to the contact data (in particular the e-mail address used for registration) and other company data. The notification can be made by updating the corresponding information in the account. If this is not possible, the updated information can be sent to Catch Talents by e-mail to firstname.lastname@example.org .
3.9 Catch Talents reserves the right, when registering or using the platform, to request further information from the company or information deviating from the provisions of this Section 2.3, as well as evidence for the purpose of verifying the information provided by a company, insofar as this is required by law. The same applies if there are justified doubts as to the completeness or correctness of the information provided by the company.
3.10 There is no entitlement to the conclusion of a contract of use. Catch Talents reserves the right to refuse registration without giving reasons.
4. secrecy of access data
4.1 The Company is obliged to keep login data, passwords, etc. secret and not to pass on its access data to unauthorised third parties and to log off after each session. Declarations and actions that are made or committed after a login with the company's password and e-mail address may be attributable to the company even if it has no knowledge of them. An attribution shall be made in particular if the Company intentionally or negligently provides third parties with access to the password or the account. The company must inform Catch Talents immediately as soon as it becomes aware that the access data is accessible and known to unauthorized third parties.
4.2 In the event of a justified suspicion that access data has become known to unauthorized third parties, Catch Talents is entitled but not obliged for security reasons to change the access data independently without prior notice or to block the use of the account at its own discretion. Catch Talents will inform the company of this immediately and will provide new access data within a reasonable period of time upon request. The Company has no right to demand that the original access data be restored.
5. account usage, sanctions and account blocking
5.1 Catch Talents has the right to irrevocably delete any content that violates the T&C, violates the applicable rules of courtesy, etiquette, objectivity and respect for each other, or is otherwise offensive and/or improper. In this respect, the company has no claim to the reinstatement of content that has already been deleted.
5.2 If the Company violates these Terms and Conditions or any statutory provisions, Catch Talents may
a. Modify or delete company content;
b. Warn companies;
c. Delete or temporarily disable job applications;
d. restrict the use of the platform, in particular temporarily or permanently exclude a company from access to the platform or individual functions;
e. terminate the user contract without notice;
f. limit the time of the account or block it permanently;
g. forbid the Company to re-register under his or another name after deleting his or her account.
These sanctions may be imposed by Catch Talents without prior notice and without consulting the Company, even against the express will of the Company. Catch Talents will notify the Company of such sanctions by e-mail.
5.3 Catch Talents may definitively exclude a company from the use of the Platform (permanent suspension) if, in particular
a. false data has been provided or a required update of the data has not been carried out
b. unauthorized transfer of his account or
c. significantly damages other users/companies or Catch Talents, in particular by misusing the services of Catch Talents.
A final blocking is also possible if there is another important reason.
5.4 After a company has been blocked, there is no claim to the restoration of the blocked account. As soon as a company has been blocked, it may not log on with another account.
6. granting of rights of use
6.1 The Company grants Catch Talents a non-exclusive, unrestricted, worldwide, transferable and sublicensable right of use to all content (e.g. logos, images, videos, texts) (hereinafter "Contents") posted on the Platform by the Company. This includes in particular the right of reproduction, use, operation, copying, public presentation or display, distribution, modification, translation and creation of derived versions as well as the right of editing. In particular, Catch Talents is entitled to technically process, prepare and adapt the content in such a way that it can also be displayed on mobile receivers or in third-party software applications.
6.2 The granting of rights of use ends when the company deletes its content or its account, unless the content has been shared with other users/companies and these have not deleted the content.
6.3 The Company guarantees that it is the owner of the transferred rights and that it is possible for it to effectively grant the rights specified in Section 6.1. In addition, the Company guarantees that the content created or uploaded by it does not infringe any rights of third parties, in particular trademark rights, competition rights, copyrights, property rights or personal rights.
7. availability of the platform
Catch Talents offers the platform subject to availability. Catch Talents makes every effort to keep the Platform accessible at all times. Maintenance work, further development or disruptions may limit or temporarily interrupt the use of the platform. This may also result in data loss under certain circumstances.
8. term and termination of the contract of use
8.1 The user contract is concluded for an indefinite period of time.
8.2 Catch Talents or the Company may terminate the User Agreement, subject to the following sentence, by giving 14 days' notice to the end of the month. If the User has concluded a license agreement pursuant to Section 13 prior to termination, the termination shall not become effective until the license agreement has been fully executed, cancelled, terminated or otherwise terminated. An e-mail to email@example.com, a written notification to Catch Talents or the deletion of the user account on the platform shall suffice for the declaration of termination. In the event of termination, the account will be maintained for as long as is necessary for the execution of the license agreement.
8.3 The right to terminate for good cause remains unaffected.
9. limitation of Liability of Catch Talents
9.1 Subject to the other provisions of this Clause 9, Catch Talents shall only be liable if and to the extent that Catch Talents, its legal representatives, executives, employees or other vicarious agents are guilty of intent or gross negligence. However, in the event of Catch Talents' default in payment or Catch Talents' impossibility of performance for which Catch Talents is responsible, as well as in the event of a breach of material contractual obligations (so-called cardinal obligations), Catch Talents shall be liable for any culpable conduct of its own or that of its legal representatives, executives, employees or other vicarious agents. Essential contractual obligations are defined abstractly as those obligations the fulfilment of which is essential for the proper execution of the contract and on the observance of which the company may regularly rely.
9.2 Except in cases of intent or gross negligence on the part of Catch Talents, its legal representatives, executives, employees or other vicarious agents, the liability of Catch Talents shall be limited in amount to the damage typically foreseeable at the time the contract was concluded.
9.3 The exclusions and limitations of liability set forth in Clauses 9.1 and 9.2 above shall not apply in the event of express warranties being given, in the event of claims based on lack of warranted characteristics and for damages arising from injury to life, limb or health or in the event of mandatory statutory provisions. Furthermore, the limitations of liability set forth in Section 9.2 shall not apply in the event of default by Catch Talents on the part of the debtor to claims for interest on arrears, for a lump sum for default in accordance with § 288 (5) BGB (German Civil Code) and for compensation for damage caused by default, which is based on legal costs.
9.4 Claims under the Product Liability Act shall remain unaffected by the provisions of this Section 9.
The Company shall indemnify and hold Catch Talents harmless from and against any and all third party claims, including, without limitation, claims for copyright and personal rights infringement, that may be asserted against Catch Talents in connection with the exercise of the rights hereunder. The Company shall also defend any unfounded claims of third parties with respect to the above rights. The Company must immediately notify Catch Talents of any impairments of the contractual rights of which it becomes aware. Catch Talents is entitled to take appropriate measures to defend itself against claims by third parties or to pursue its rights. The company must coordinate its own measures with Catch Talents in advance. The indemnity also includes the reimbursement of costs incurred by Catch Talents as a result of legal prosecution/defence. Further claims for damages by Catch Talents remain unaffected by this. Insofar as Catch Talents itself is responsible for the infringement, claims against the company are excluded.
11. exclusion of foreign general terms and conditions, language, applicable law, place of jurisdiction, place of performance.
11.1 The validity of the company's general terms and conditions of contract or business is expressly excluded. This shall also apply if Catch Talents has not expressly objected to the terms and conditions of the Company and/or provides services without objection.
11.2 Registration and all contracts concluded between the Company and Catch Talents shall be exclusively in the German language. The language of the contract shall be German.
11.3 These GTC and the contract of use governed by them shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11.4 If the User is a merchant within the meaning of commercial law, a legal entity under public law or a special fund under public law, the registered office of Catch Talents shall be the exclusive place of jurisdiction for all legal disputes arising out of or in connection with these GTC. For the rest, the statutory places of jurisdiction shall apply.
11.5 The place of performance for entrepreneurs within the meaning of § 14 para. 1 BGB is the registered office of Catch Talents.
12. amendment of these GTC
Amendments to these GTC require text form. There are no subsidiary agreements.
B. Special License Terms
13. subject matter of the license agreement
The use of the platform with its complete functionality and the tool requires a separate license agreement (hereinafter "license agreement"). The object of this license agreement is the provision of the software for use in accordance with the scope described on the platform, in addition to the corresponding granting of rights of use to the software and the provision of storage space for the data generated by the company through the use of the software and/or the data required for the use of the software (hereinafter "application data") by Catch Talents against payment of the agreed fee.
14. conclusion of Contract, Delivery of the Software
14.1 The Company shall select one of the license offers shown on the Platform in type and scope (hereinafter "License").
14.2 The presentation of the offers on the Platform does not constitute a legally binding offer, but only a non-binding invitation to the Company to submit a corresponding offer. The Company submits a binding contractual offer by successfully completing the booking procedure provided for on the Platform after logging into the Account. Catch Talents accepts the offer in text form.
14.3 The respective license for the use of the software shall be automatically activated for the Company in the Account. The Company will also receive instructions in text form on how to implement the tool on the Company's website.
15. granting of rights
15.1 By entering into the License Agreement, Catch Talents grants the Company the non-exclusive, non-transferable, non-sublicensable, non-sublicensable right, limited in time and scope to the applicable license, to use the Software for the intended contractual purpose subject to the following terms and conditions.
15.2 The Software shall not be physically transferred to the Company. The Company may only use the Software for its own business activities by its own personnel.
15.3 The Company shall not be entitled to edit the Software, in particular to modify, translate, reverse engineer and further develop, decompile or disassemble and redesign it, unless there is a statutory basis for permission.
15.4 Catch Talents remains the owner of all rights to the Software, even if the Company modifies the Software or connects the Software with its own programs or those of a third party.
15.5 The Company may not transfer the Software or access to the Software to any third party without the permission of Catch Talents. In particular, it is not permitted to sell, lend, rent or sublicense the software or access to the software in any other way or to publicly reproduce or make the software accessible. The dependent use by the company's employees or other third parties subject to the company's right of instruction within the scope of the intended use is permissible.
16. trial version
16.1 Catch Talents shall make a limited version of the Software (hereinafter "Trial Version") available to the Company for testing purposes only once within the scope of the conclusion of the License Agreement, limited to the specified test period. The trial version can be activated at any time by purchasing a license as a full version of the software.
16.2 Catch Talents grants to the Company a non-exclusive, unrestricted license to use the Trial Version, limited in time to the trial period specified on the Platform.
16.3 Sections 15.2, 15.3, 15.4 and 15.5 shall apply accordingly to the trial version.
17. remuneration, terms of payment, prohibition of set-off
17.1 The current prices indicated on the Catch Talents platform shall apply. All prices are quoted in Euro and exclude sales tax.
17.2 Payment of the remuneration shall be made in advance using the payment methods offered on the Catch Talents platform. Catch Talents reserves the right to exclude certain payment methods. All claims become due upon receipt of the invoice and are payable without deduction. The costs of money transfers shall be borne by the company.
17.3 Offsetting by the Company is excluded unless the Company's counterclaim is undisputed or has been finally and conclusively established.
18. rights and obligations of the enterprise
18.1 Unless the Company is expressly granted rights under the License Agreement, all rights in the Software, including but not limited to copyright, rights in or to inventions, and technical rights, shall belong exclusively to Catch Talents.
18.2 The Company shall obtain the necessary consent of the person concerned if it collects, processes or uses personal data when using the Software and if no statutory basis for permission interferes.
18.3 Before sending data and information to Catch Talents and its servers, the Company shall check them for viruses and use state-of-the-art virus protection programs.
19. contract term, termination of the rental agreement
19.1 The contractual relationship begins with the acceptance of the offer by Catch Talents. The term of the license agreement corresponds to the terms of the respective license on the platform.
19.2 The license agreement shall be extended by a further year if it is not terminated with a notice period of 3 months to the end of the respective term. An e-mail to firstname.lastname@example.org, a written notification to Catch Talents or the termination within the scope of the account on the platform is sufficient for the declaration of termination.
19.3 The right of each party to extraordinary termination for good cause remains unaffected.
20. obligations during and after termination of the license agreement.
20.1 In the event of termination of the License Agreement, the Company shall remove all Application Data and destroy any backup copies made.
20.2 Any use of the software after termination of the contractual relationship is prohibited.
Status: July 2020