Terms and Conditions

Preamble

The following sets forth the general terms and conditions (also referred to as the "terms" or the "agreement") between MoBerries GmbH (or "MoBerries", also referred to as "we", "us" and "our" throughout these terms) and potential candidates (also referred to as "applicants" or "profiles") and potential (digital) employers (also referred to as "partnering companies") as well as visitors (individuals not yet registered) on the website (or "platform") of MoBerries. Collectively, potential candidates, potential employers and visitors are referred to as "users" of our Website, an individual of these three groups is referred to as a "user". In these terms users may be addressed as "you" (also referred to as "your"). These terms and conditions apply whenever users access the website. By accessing our website or using our services, you accept these terms and conditions and are bound by them (both on behalf of yourself and the entity that you represent). You may not access and/or use our services under the age of 18. If you do not agree with all terms and provisions in this agreement, you are not permitted to access our services and/or use our website.

General

The aim of MoBerries platform is to connect potential candidates with potential (digital) employers. Candidates can register on our platform using their information and data, and thus provide information regarding their preferences, skills and experience. MoBerries does not perform any user-related background checks and does not vouch for the truthfulness of any of their statements. You agree that MoBerries GmbH is not liable for the acts (or lack thereof) of its users. MoBerries' staff may at their own discretion amend or adjust the information and (within the platform) promote a candidate with a promising profile. The given profiles can be reviewed by partnering companies, companies which have entered into a business relationship with MoBerries GmbH. MoBerries reserves the right to refuse service to certain companies/individuals/competitors at its own discretion. If a partnering company shows interest, MoBerries can connect both parties. Partnering companies can also directly contact candidates. Any interaction between the parties/users on our platform is solely their responsibility. The users agree that MoBerries GmbH is not liable for any liability arising out ouf these interactions. That said, all users must agree to interact within the bounds of common decency when using this platform. MoBerries reserves the right to temporarily suspend services to undertake maintenance activities, and does not guarantee uninterrupted availability, reachability or faultlessness of the platform/services.

Confidentiality and restricted use of candidate information

The use of the provided candidate information/CVs is restricted to this agreement. No part of the provided information may be reproduced or transmitted in any form or by any means – electronic, photocopying or otherwise – without prior written permission of MoBerries GmbH. Partnering companies may use the information only for the internally intended application process and only for a reasonable duration - solely within the specific legal entity with which MoBerries cooperates. The same restrictions also apply towards the handling of affiliated companies/partners: without prior explicit and written consent of MoBerries GmbH, no information may be provided to any affiliated companies or partners. One specific login/account of a partnering company can only be used by the assigned person within that legal entity. Any form of violation will be strictly penalized.

Newsletter

You will soon have the option of subscribing to our newsletter, to which you can unsubscribe at any time (unsubscription link will also be included in the newsletter).

Personal information

The treatment of your personal information is stated in our Data Security. Please do not provide any more information than required during the registration of your profile. By using our platform you automatically agree to commit yourself to our privacy policy.

References

If you are a partnering company, you authorize MoBerries GmbH to use your information, including your logo and name, as a reference on our platform and to third parties for the duration of the agreement. The partnering company has the right to revoke its authorization at any time by sending us a revocation in written form (letter, or email to info@moberries.com).

Passwords

Some functions of the website require a password.

For candidates: If you forgot or lost your password, please contact us through the Forgot password Link on the homepage of the website. You will then receive instructions on how to reset your password via your Login email.

For partnering companies: If you forgot your password, you can also contact us through the Forgot password Link on the homepage of the website. You must keep your password confidential. MoBerries GmbH shall not be liable to any damages arising due to loss of your password. If you lost your password to your account or notice that an unauthorized individual uses your account, notify MoBerries GmbH immediately. We will then provide you with new reset instructions. If we identify misuse of the password (e.g. intentionally giving the password to another individual), we reserve the right to suspend services/access to our website.

Deleting your profile as a Candidate

MoBerries provides the possibility to deactivate your account. By deactivating your account, potential employers will no longer be able to find you. To request a deactivation, send an email to info@moberries.com requesting deactivation. A deactivated account can be reactivated at a later time, again with a request in email form.

You can also request the deletion of your profile by sending an email to info@moberries.com indicating your request. With the deletion, all your saved personal information will be removed entirely. A reactivation is not possible in this case. You will then need to create a new profile in case you want to reuse the service. Deactivation/reactivation or deletion may take 1-3 working days (without guarantee for this time period, but we will do our best).

Cancellation, Renewal and Payment for Partnering Companies

Please refer to Terms & Conditions partner agreement companies.

Intellectual Property Rights

You accept that the technology (code, software, systems, among others) used on this platform is owned by MoBerries GmbH exclusively, and we reserve the exclusive right to utilize it. All names, slogans and logos referenced on MoBerries GmbH’s websites are trademarks or registered trademarks of either MoBerries GmbH or their respective owners. All of the information, content, and materials offered by MoBerries GmbH are protected by copyright and other applicable laws of the Federal Republic of Germany and other countries. You agree not to infringe on any intellectual property rights on our website. If you believe you have found content which infringes copyright, please contact MoBerries by sending an email to info@moberries.com. MoBerries will verify your claim and take appropriate action.

Term of Agreement

Your agreement to these Terms and Conditions will remain active, unless individual agreements state otherwise, throughout the duration of you having an active account at MoBerries GmbH and/or your usage of this platform/service.

Disclaimer

This platform is provided on an "as is, as available" basis. No warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to this platform or any information or software therein. Under no circumstances, including negligence, shall MoBerries GmbH be liable for any direct, indirect, incidental, special, punitive, and/or consequential damages that result from the use of or inability to use this platform, nor shall MoBerries GmbH be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond MoBerries GmbH’s reasonable control. Under no circumstances, including but not limited to a negligent act, will MoBerries GmbH or affiliates or agents of MoBerries GmbH be liable for any damage of any kind that results from the use of, or the inability to use, the platform, even if MoBerries GmbH has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you. MoBerries GmbH does neither represent nor endorse the accuracy, timeliness or reliability of any facts, opinions, views, statements or recommendations or other information displayed, uploaded or distributed through the platform. You acknowledge that any reliance upon any such facts, opinions, views, statements or recommendations is at your sole risk. In no event will MoBerries GmbH or any MoBerries GmbH affiliates be liable to you or anyone else for loss or injury.

Indemnification

You agree to indemnify and hold us (and our subsidiaries, affiliates, officers, agents, and other partners and employees) harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising from your use of MoBerries GmbH and due to or arising from your breach of any provision of these terms or violation of any applicable laws and agreements.

Limitation of Liability

In no event shall MoBerries GmbH be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of (or inability to use) MoBerries GmbH, even if MoBerries GmbH has been advised of the possibility of such damages. MoBerries GmbH does not guarantee that the partnering company will find a matching candidate to the position it is trying to fill using the services. Notwithstanding anything to the contrary contained herein, where permitted by applicable law, you agree that our liability to you for any damages arising from or related to your use of MoBerries GmbH (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of either (a) one hundred US dollars (US$100) or (b) the amount you have paid to MoBerries GmbH in the twelve (12) months preceding the day the claim arose as a result of this agreement.

Changes to the Terms and Conditions

MoBerries GmbH reserves the right to change the Terms and Conditions at any time. The changes will take effect on the day they are published on MoBerries GmbH. Existing users of MoBerries GmbH will be notified via their provided email address if the Terms and Conditions are changed. The existing users may object - in written form - to the change within two weeks upon receipt of the notification. If no objection is sent within this time period, the user automatically agrees to the changes to the Terms and Conditions.

Governing Law

The agreements between all parties (including MoBerries GmbH, partnering companies and applicants) shall be subject to the Law of the Federal Republic of Germany.

Final Provisions

Unless additional agreements explicitly state otherwise, this agreement shall govern the entire relationship between MoBerries GmbH and the counterparty/user (including partnering companies and candidates). Should any of the previous terms of this agreement be or become invalid, the validity of the remaining terms remains untouched and remain in full force and binding. Should MoBerries GmbH fail to enforce any term of this agreement, it does not constitute a waiver of such term.

Additional Provisions for the Residents of the United States

If the user is a resident of the United States of America, the agreements between this user and MoBerries GmbH shall be subject to the Law of the Federal Republic of Germany, with the exception of subject matter concerning federal copyright laws. In cases concerning copyright, the Laws of the United States of America shall apply.