Terms and Conditions

IMPORTANT NOTE: This is an English translation of our Terms of Service for Germany. For all legal intents and purposes, the official Terms of Service in German will hold. Click here to view the official Terms of Service for Germany in German.

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 either as "applicants" or "profiles" or “customers”) 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. The entire commercial relationship between MoBerries and partnering companies including (but not limited to) the future commercial relationship, is covered by the Terms and Conditions/ Partner agreement between MoBerries and companies. 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 and if not having full legal capacity. 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

1.1 The aim of MoBerries platform is to connect potential candidates with potential (digital) employers.

1.2 Candidates can register on our platform using their information and data, and thus provide information regarding their preferences, skills and experience.

1.3 MoBerries does not perform any user-related background checks and does not vouch for the truthfulness of any of their statements. The potential candidate agrees that MoBerries GmbH is not liable for the acts (or lack thereof) of its users.

1.4 In principle MoBerries does not undertake to carry out any checks in respect of the applicants or any information which they provide, however MoBerries does reserve the right to carry out such checks at any time. Over and above this the partnering companies themselves bears responsibility for verifying the candidate’s skills, experience and references before hiring them.

1.5 MoBerries' staff may at their own discretion amend or adjust the information and (within the platform) promote a candidate with a promising profile upon candidate’s confirmation. The given profiles can be reviewed by partnering companies, companies which have entered into a business relationship with MoBerries GmbH.

1.6 MoBerries reserves the right to refuse service to certain companies / individuals / competitors at its own discretion. If a partnering company accepts a candidate profile, MoBerries can connect both parties. Partnering companies can also directly contact candidates. Any interaction between applicants and partnering companies on our platform is the sole responsibility of the parties and none of the parties can either claim or consider MoBerries liable or accountable for any liabilities arising from these interactions. The users agree that MoBerries GmbH is not liable for any liability arising out of 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.

1.7 The candidate must accurately complete the application (and provide MoBerries with future updates) and not use any aliases or other means to mask its true identity or contact information. Each applicant is entitled of creating only one account, except for the case when the account has been deleted upon request of the candidate himself and/or due to his inactivity.

1.8 Applicant will also ensure that the login information is kept strictly confidential at all times in order to ensure that unauthorized individuals cannot access the platform. If MoBerries has reasons to believe that the login information is being used by unauthorized individuals, MoBerries will suspend applicant’s account until the resolution of the issue.

1.9 The candidate has no claim for maintaining or reconstruction of a specific condition of scope of services. Any of the candidate’s claims for deficiency, which refer to the technical usability of the Service itself, shall remain unaffected thereby. Due to the continuous advancement of the Service, MoBerries reserves itself the right to offer new features and/or to remove them from the Service or to change them. The candidate consents these continuous changes of the Service.

1.10 The use of Moberries platform and MoBerries service is free of charge but MoBerries is entitled to amend its Terms and Conditions of business in respect of the entire future commercial relation with the applicants, having given relevant notification. The amendment shall be deemed approved if the applicant does not file their objection by post or email within six weeks of receiving notification of the amendment by post or email. These circumstances shall be expressly referred to when notifying the applicant.

1.11 MoBerries is not responsible for providing or assisting with the obtaining of any work or other permits and/or medicals and other country specific regulations and requirements that may be necessary to employ the candidate.

2. Confidentiality and restricted use of candidate information

2.1 The use of the provided candidate information/CVs is restricted to this agreement.

2.2 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.

2.3 Details of candidates are provided to partnering companies and its affiliates cooperating with MoBerries in strictest confidence and on the understanding that the partnering companies will not disclose to any third person the existence or contents of such details without prior written consent. 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.

2.4 Except as otherwise provided in these Terms and Conditions or with the consent of MoBerries, the candidate agrees that all information, including and not limited to business information, information from the company profile e.g. salary information and information any of MoBerries’ other customers provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by applicants for any purpose other than applicant’s participation in the Service. The applicant shall not use any information obtained on his own advantage including but not limited to develop, enhance or operate a service that competes with MoBerries or assists any other party.

3. Candidates Information and communication

3.1 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.

3.2 MoBerries may add at its own discretion any compulsory or voluntary fields from time to time. The applicant shall not transmit any personal data of third (i.e. data allowing identification of an individual) to MoBerries, unless data protection laws allow for such transmission and the applicant has obtained consent from the concerned parties. MoBerries may also request additional information from the applicant on a case by case basis and at its discretion block and/or delete the information until provided facts of the contrary.

3.3 Unless described differently in the terms and conditions, MoBerries will usually communicate with the candidate via email. The candidate shall make sure that all emails sent by MoBerries are received to the address submitted in the course of the application, or at a later date. The applicant will in particular configure the spam filter accordingly and regularly check all incoming email under this address. MoBerries may choose any other appropriate means of communication.

4. Passwords

4.1 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.

4.2 The candidate is responsible for creating a secure password to protect his login and his data. MoBerries is not liable for any leak of information and/or damages of any kind due to the fault of third party accessing the platform with the candidate password.

4.3 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.

5. Deleting your profile as a Candidate

5.1 MoBerries provides the possibility to deactivate at any time your account. By deactivating your account, potential employers will no longer be able to find you. You can delete your account under account settings.

5.2 With the deletion, all your saved personal information will be removed or anonymized entirely from our system following the requirements of GDPR. 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.

6. Cancellation, Renewal and Payment for Partnering Companies

Please refer to Terms & Conditions partner agreement companies.

7. Intellectual Property Rights

7.1 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.

7.2 All names, slogans and logos referenced on MoBerries GmbH’s websites are trademarks or registered trademarks of either MoBerries GmbH or their respective owners.

7.3 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.

7.4 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.

8. 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.

9. Disclaimer

9.1 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.

9.2 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.

9.3 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.

10. Limitation of Liability

10.1 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.

10.2 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.

10.3 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 EUR (EUR €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.

11. Changes to the Terms and Conditions

11 MoBerries GmbH is entitled to amend its Terms of Business in respect of the entire future commercial relation with the customer, having given relevant notification. The amendment shall be deemed approved if the customer does not file their objection by post or email within six weeks of receiving notification of the amendment by post or email. These circumstances shall be expressly referred to when notifying the customer.

12 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.

13 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.

14 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.