General Terms and Conditions of ZENJOB GmbH
As of: June 2020
§ 1 Subject matter of the contract and scope
ZENJOB GmbH, Stromstraße 15, 10551 Berlin, Germany, registered in the Commercial Register (Handelsregister) of the District Court of Charlottenburg (Amtsgericht Charlottenburg) under no. HRB 172609 B, represented by the managing directors (hereinafter “we” or “ZENJOB”), provide you via our website www.zenjob.de (hereinafter the “Website”) or via the ZENJOB application (hereinafter the “App”) with an online platform (Website and App hereinafter the “Platform”) through which we connect you to interested companies looking for employees (hereinafter the “Companies”) and through which you (hereinafter the “User”) can create a user account within the scope of these General Terms and Conditions (hereinafter “GTCs”) in order to receive offers of jobs and (short-term) employment for the Companies through us and to accept them by means of a separate employment contract with ZENJOB (hereinafter the “Service”).
The use of the platform is free of charge and only permitted to natural persons of legal age who do not operate a business or are otherwise commercially active.
In addition to these GTCs, a framework agreement will also be concluded between you as the User and ZENJOB. You as the User for perform the jobs for the respective Company, with a separate individual contract for each job.
ZENJOB holds a permit for the purpose of transferring the lessor’s employees (contract staffing workers) on the basis of the German Contract Staffing Act (Arbeitnehmerüberlassungsgesetzes; AÜG), which was granted to ZENJOB by the Kiel Employment Agency (Agentur für Arbeit) on 16.03.2016. ZENJOB will inform you unprompted and without delay about any possible discontinuation of the permit.
Exclusively the following GTCs along with the respective employment contracts to be concluded between you and ZENJOB apply for the use of the Platform and the Service and for all contracts and business relationships between you and ZENJOB (for more details on the process, see § 5). Deviating conditions will not be accepted unless ZENJOB expressly agrees to their validity in writing.
§ 2 Registration, user account
In order to use the service, you must first register via the Platform and thus create a user account.
ZENJOB accepts this offer by sending you a confirmation email to the email address that you provided on registration. We declare acceptance under the condition precedent that you click on the activation link provided in the confirmation email within five (5) days at the latest. By clicking on the activation link, a contract is concluded between you and ZENJOB for the use of the Service (hereinafter the “Usage Contract”). We reserve the right to refuse your registration without giving reasons.
You may only register if you have full legal capacity to do so.
You may only have one user account at any time. If you register more than once despite this and have more than one user account at the same time, we will delete all of your user accounts except for the oldest. We reserve the right to delete all your user accounts.
Your user account is not transferable to third parties.
We reserve the right to delete your user account if you have not used the Service for a period of at least six months or if we can no longer contact you at the email address you have provided or if we do not receive any response from you.
ZENJOB may, at its own discretion, make the use of the Platform subject to certain conditions in whole or in part, in individual cases or in general, and will inform the User of this in good time.
§ 3 Data within the user account, location data, completeness, duty to tell the truth
After the Usage Contract is concluded, you can provide further information about yourself within your user account (such as first and last name, date of birth, address, educational qualifications, skills, etc.), which will then be (partially) visible to registered Companies looking for employees after you click on the respective “Send data now” button.
In the event of changes to your details which appear to us to be suspicious or unusual, or which cause us to suspect misuse, we are entitled to contact you by the email address or mobile number you have provided and to question the change.
§ 4 Confidentiality and security
Keep your log-in data, especially your password, confidential and protect it from access by others. You must not allow anyone else to access your user account. If you know or suspect that your account has been misused by others or that a third party knows your password, you should notify us immediately by emailing [email protected]
ZENJOB has the right, at its sole discretion, to request proof of identification from the User, with or without special cause. ZENJOB reserves the right to delete the user account if the User does not comply with the request within a period set by ZENJOB.
§ 5 Job offers, employment contract with Zenjob, execution of the Jobs
After successful registration, we will invite you to an introductory meeting. If the introductory meeting is successful, we will conclude a framework agreement with you. After that, offers for employment from Companies (hereinafter “Job Offers”) suitable for you will be filtered and displayed to you in the App by means of push notifications. You are obliged to provide us with the information required to register your employment contract at this time or in good time before you start work at the latest.
The Job Offers initially represent non-binding information and selecting such a Job Offer does not necessarily mean the Job will successfully transpire.
If a Job is offered via the ZENJOB App, you can “apply” for this Job by clicking the “Apply now” button.
In a subsequent step, the User is required to confirm an assignment order with ZENJOB. If the respective User does not confirm the assignment order, the procedure is automatically terminated and the process ends at this point; no employment contract is concluded in this case. (You are not obliged to perform your work, and you do not receive any remuneration).
If the relevant assignment order is successfully confirmed, doing so sends us a binding offer (“Offer”), to which you are bound, subject to the legal regulations.
If you are selected for the Job, you will be sent your employment contract signed by ZENJOB, which you will sign and return to us, indicating acceptance of your offer (“Acceptance”).
The employee will commence employment with the relevant Company on the agreed date.
Information that is important to the execution of the relevant Job, including the consequences for you and your obligations in the event of illness, etc., can be found in the relevant employment contract.
§ 6 Prohibited use
Any use contrary to this Policy or to applicable law is prohibited. In particular, it is prohibited:
a. to integrate into the user account or a job application content that violates the copyrights, personal rights, trademark rights or other rights of third parties;
b. to integrate content into the user account or a job application content that violates legal provisions or is prohibited;
c. to provide incomplete or untrue information;
d. to change information and data in a manner contrary to the truth or to falsify it;
e. to open a user account or submit a job application in the name of a third party;
f. to enter pictures, details or data of other persons;
g. to transfer your user account to third parties;
h. to share your access data and your user account with other persons or grant other persons access to them;
i. to modify, manipulate, circumvent, overload, attack, attack using viruses or malware, or otherwise interfere in an unauthorised manner with the Service, the Platform or the underlying software and security measures.
It is also forbidden to use the information or contents acquired via the Platform
b. in connection with information, content and websites that violate the rights of third parties, in particular copyrights and personal rights;
c. in connection with information, content and websites that violate legal provisions or are prohibited.
ZENJOB has the right, at its sole discretion, to temporarily or permanently block or delete access to your user account if we have reason to believe that you are using your user account or related content in a prohibited manner. Before we permanently suspend or delete your account, we will contact you by email and give you a reasonable opportunity to respond. If we permanently block or delete your user account and your identification document due to prohibited use, you will not be able to register again.
§ 7 Responsibility of the User, indemnity
In order to prevent and/or mitigate damages, you yourself are primarily responsible for preventing avoidable damages to yourself and third parties by using the control options that we provide for the administration of your user account.
In all disputes between the User and third parties related to the user content provided by the User, the User is solely responsible for the legality of the content used by them. Should third parties assert associated claims against ZENJOB, the User shall indemnify ZENJOB against any claims by third parties resulting therefrom. This does not apply if the User is not responsible for the violation.
In the event of a claim by a third party, the User is obliged to provide ZENJOB immediately, truthfully and completely with all information that may be necessary for the claims to be investigated and a defence to be mounted. The User will bear all reasonable costs incurred by ZENJOB due to an infringement of third-party rights, including the reasonable costs incurred for legal defence.
§ 8 Liability of ZENJOB
ZENJOB has no control over and assumes no liability for the content that Users or the Companies make available via the Platform.
The User has no entitlement to registration.
ZENJOB will make reasonable efforts and take precautions to provide a secure and consistent Service. Nevertheless, malfunctions due to technical faults or maintenance work are possible.
ZENJOB’s liability for damages caused by and in connection with the exercise of rights and obligations arising from this Usage Contract is excluded. This does not apply to
a. damages resulting from injury to life, body or health;
b. damages based on a breach of duty by ZENJOB or a legal representative or vicarious agent of ZENJOB with regard to significant contractual rights and obligations which are indispensable for the proper performance of the Contract, and the achievement of the purpose of the Contract is thereby jeopardized;
c. damages resulting from an intentional or grossly negligent breach of duty by ZENJOB or a legal representative or vicarious agent of ZENJOB;
d. liability arising under the German Product Liability Act (Produkthaftungsgesetz; ProdHaftG);
e. liability in the event a guarantee is assumed.
For damages which do not result from injury to life, body or health and which are due to a negligent breach of duty by ZENJOB or a legal representative or vicarious agent of ZENJOB, the liability of ZENJOB shall in any case be limited to typical contractual and foreseeable damages.
The exclusion and/or limitation of liability of ZENJOB also applies to the legal representatives and vicarious agents of ZENJOB.
§ 9 Privacy
ZENJOB collects, processes and stores personal data exclusively in accordance with the provisions of German privacy law and the European General Data Protection Regulation. Please also refer to the Privacy Statement, which can be accessed at any time on the ZENJOB website, regarding the User’s consent and further information on the collection, processing and use of data.
§ 10 Blocking, deletion, termination
You have the option to delete your User Account at any time. ZENJOB has the right to terminate this Usage Contract with a notice period of two weeks.
In the event your user account is deleted by you or by ZENJOB, this Usage Contract is terminated automatically.
§ 11 Changes to these GTCs
ZENJOB reserves the right to change these GTCs at any time, provided that the changes do not unreasonably disadvantage the User. The changes are considered approved if you do not object to them by sending an email to [email protected] within four weeks of our notification. In the event of an amendment to the GTCs, we will specifically draw your attention to the possibility of objecting and the significance of the deadline. If you exercise your right to object, we have the right to delete your user account with effect from the date on which the amended GTCs are set to come into force.
These GTCs and the Usage Contract regulated therein are subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the registered office of Zenjob GmbH.
Headings are provided for convenience only and have no significance in the interpretation of this Contract.