Terms & Conditions
General Terms of Use for Talents
§ 1 Validity of these General Terms of Use
1.1 The subject of these General Terms of Use (hereinafter referred to as General Terms of Use) of Instaffo GmbH, Römerstraße 135, 69126 (hereinafter referred to as Instaffo) is the provision of the platform "Instaffo" (hereinafter referred to as Software) and its use via the Internet (hereinafter also referred to as Service) by users registered as Talents (hereinafter referred to as Talents or you).
1.2 The Software offers a job platform accessible at www.instaffo.com (hereinafter referred to as Platform), where Talents post their own profiles in order to be presented to suitable companies (hereinafter referred to as Companies) or can subsequently use some further functions for communication and a possible conclusion of a contract with the Companies.
1.3 These General Terms of Use shall apply exclusively between Instaffo and the Talents.
§ 2 Registration
2.1 In order to use the Service to its full extent, you must register on the Platform as a Talent. Registration and use is free of charge for Talents.
2.2 During the registration process you will be asked to define your access data. These consist of your e-mail address and a freely chosen password.
2.3 By sending us your registration data, you are making us an offer to conclude a user relationship on the basis of these Terms of Use. The acceptance of the offer will be decided at our own discretion. If your registration is not confirmed by e-mail to the e-mail address you have provided within a reasonable period of time, you are no longer bound by your offer.
2.4 Upon receipt of the e-mail confirmation, an agreed usage relationship is established and Instaffo activates the requested access. From the time of activation, you are entitled to use the Platform within the scope of these Terms of Use.
2.5 After activation, as a Talent you may enter further data regarding contact information & goals, professional experience & education and skills on the Platform within the framework of your profile. For further information on the processing of this data, please refer to our privacy policy.
2.6 If your registration or other data changes in the course of your user relationship, you should correct your data on the Platform.
2.7 You may only register once. Your registration, the contractual relationship and the user account including access data are not transferable.
2.8 As a rule, Instaffo does not verify your identity and information during registration. We therefore do not guarantee that each profile owner is the person that the respective profile owner claims to be. However, as a precautionary measure, you authorise us to use all registration information to verify the accuracy of your details (including any updates thereof).
§ 3 Responsibility for access data
3.1 Your access data including the password must be kept secret by you and must not be made accessible to unauthorised third parties under any circumstances.
3.2 It is further your responsibility to ensure that your access to and use of the Services available with the Platform is exclusively by you. If there are concerns that unauthorised third parties have gained or will gain knowledge of your access data, Instaffo must be informed immediately.
3.3 Please note: You are fully responsible for any use and/or other activity via the Platform that is carried out under your access data.
§ 4 Scope of permitted use and obligations of the Talent
4.1 Your right of use is limited to access to the Platform, as well as to use of the respective Services available within the scope of the provisions of these Terms of Use.
4.2 You are responsible for providing the technical prerequisites necessary in your sphere of responsibility for the contractual use of the Services (in particular hardware, web browser and internet access).
4.3 Should any queries arise regarding the presentation or placement of the Talent by Instaffo to a Company, whether a recruitment or other contract conclusion with the Company has occurred, the Talent will provide Instaffo with the necessary information upon request.
§ 5 Blocking of access to the Platform
5.1 We can block your access to the Platform as a whole or to individual sub-areas at our own discretion, either temporarily or permanently, if there are concrete indications that you are violating or have violated these Terms of Use and/or applicable law, or if we have another justified interest in blocking you. When deciding on a blocking, your legitimate interests will be taken into account appropriately. If you repeatedly violate these Terms of Use despite being notified, we reserve the right to permanently block your access.
5.2 In the event of a temporary or permanent block, your access authorisation will be blocked and you will be notified of this by e-mail.
5.3 In the event of a temporary blocking, the access authorisation will be reactivated after the blocking period has expired or the reason for the blocking has finally ceased to exist, and you will be notified of this by e-mail. A permanently blocked access authorisation cannot be restored. Permanently blocked persons are permanently excluded from participation in the Platform and may not register again on the Platform.
§ 6 Termination of use
6.1 You may terminate your use of the Platform at any time by unsubscribing from the Service.
6.2 In the event of a complete termination of your use of the Platform, we are entitled to irretrievably delete all data created in the course of your use of the Platform upon expiry of 30 calendar days after the termination becomes effective and after expiry of any statutory retention periods. For personal data, the provisions on data protection apply with priority, which may also provide for a shorter period for deletion.
6.3 The right to termination for good cause remains unaffected. We shall be entitled to termination for good cause in particular if you repeatedly violate these Terms of Use and, despite a reminder from us, fail to remedy this violation or violate the Terms of Use again.
§ 7 Limitation of liability
7.1 Within the scope of use of our free Services, our liability for slightly negligent breaches of duty is excluded, unless damages resulting from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations, the fulfilment of which enables the proper implementation of the user relationship in the first place and on the compliance with which the user may regularly rely, remains unaffected.
7.2 Instaffo is not liable for damages caused by improper operation of the Platform.
7.3 Insofar as our liability is excluded or limited according to these provisions, this also applies to the liability of our executive bodies and vicarious agents, in particular our employees.
§ 8 Amendment of these Terms of Use
8.1 We reserve the right to amend these Terms of Use at any time with effect also within the existing contractual relationships. You will be notified of such changes at least 30 calendar days before the planned entry into force of the changes.
8.2 If you do not object within 30 days of receipt of the notification and continue to use the Services even after expiry of the objection period, the changes shall be deemed to have been agreed with effect from the expiry of the period. In the event of your objection, the usage relationship will be continued under the previous conditions. We reserve the right to terminate the user relationship in the event of an objection. You will be informed of your right to object and the consequences in the notification of change.
§ 9 Change of services
9.1 We are entitled at any time to change the Services provided free of charge on the Platform, to make new Services available and to discontinue the provision of free Services. In doing so, we will always take your legitimate interests into account.
9.2 We are entitled at any time to deactivate the profiles of the Talents as part of the matching process with potentially suitable Companies if the profiles do not meet minimum qualitative standards. If need be and where appropriate, the Talents may continue to use the Platform without being introduced to Companies.
§ 10 Final provisions
10.1 Detailed information on Instaffo as operator of the Platform is available here. For information on data protection, please refer to the privacy policy.
10.2 German law applies to the exclusion of German international private law and the UN Convention on Contracts for the International Sale of Goods.
10.3 If you are a merchant, the exclusive place of jurisdiction is the registered office of Instaffo. Instaffo is, however, also entitled to choose to bring action at your place of business.
10.4 Should any provision of these Terms of Use be or become invalid, the validity of the remaining provisions shall not be affected. In such a case, the parties are obliged to cooperate in the creation of provisions through which a result that comes as close as possible to the invalid provision in economic terms is achieved in a legally effective manner. The foregoing shall apply mutatis mutandis to the filling of any gaps in the contract.