I. Subject of the agreement, amendments
Section 1 Subject of the Terms of Membership and Use, General Terms of Sale
Heidelberg Engineering GmbH, Max-Jarecki-Straße 8, 69115 Heidelberg (the “Service Provider”) shall make available a platform (the “Careers Website”) on careers.HeidelbergEngineering.com via which applicants can apply directly at Heidelberg Engineering. For further information about the services see the Description of Services in Section 3.
Section 2 Amendments to the Terms of Membership and Use
The Service Provider reserves the right to amend these Terms of Membership and Use at any time with effect also for existing contractual arrangements. The Service Provider will inform you of such amendments at least 30 calendar days before the amendments are due to take effect. As long as you do not object within 30 days of the receipt of the notice and continue to use the services after the expiration of the cancellation period, the amendments shall be considered as agreed to from the time the 30-day period expires. If you object to this the contract will continue on its existing terms. In the amendment notice the Service Provider shall make reference to your right to object and to the consequences.
II. Services and content on the Careers Website
Section 3 Range and availability of services
(1) On the careers website the Service Provider provides you with different information and other services for temporary use. Such services may e.g. make available data, documents, articles, photographic records and audio recordings, information, and other content (together “Content”).
The content and scope of these services will depend on the specific contractual arrangements and on the respective current functionality otherwise available on the careers website.
The services made available on the careers website are free of charge unless otherwise specified.
(2) The services available on the careers website may include services of third parties to which the Service Provider simply provides access. In order to use such services, which are in each case marked as third-party services, regulations may apply which differ from or supplement these Terms of Membership and Use, of which the Service Provider will make you aware in each case.
(3) A right to use of the services available on the careers website only exists within the framework of the Service Provider’s technical and operational capacity. The Service Provider will attempt to ensure its services may be used as far as possible free of interruption. However, temporary restrictions or interruptions may occur as a result of technical faults (such as e.g. power cuts, hardware and software errors, and technical problems with data lines).
Section 4 Alterations to services
The Service Provider is entitled at any time to make changes to the services offered free of charge on the careers website, to make new services available free of or subject to a charge, and to cease to provide free-of-charge services. In so doing the Service Provider will consider your legitimate interests.
Section 5 Protection of content, responsibility for third party content
(1) The content available on the careers website is largely protected by copyright or other property rights and is in each case the property of the Service Provider, the other members, or other third parties who made the relevant content available. The compilation of the content as such is, where relevant, protected as a data bank or data base under Sections 4 (2) and 87a (1) of the German Copyright Act. You may only use this content in line with the Terms of Membership and Use and within the context prescribed by the careers website.
(2) The content available on the careers website is sourced partly from the Service Provider and partly from other members or other third parties. The content of members and of other third parties is together referred to further as “third party content”. The Service Provider does not check third party content for completeness, accuracy, or legality and therefore accepts no liability for and does not guarantee the completeness, accuracy, legality or up-to-dateness of third party content. This also applies in relation to the quality of the third party content and its suitability for a specific purpose and also to the extent this relates to third party content on externally linked websites.
All content on the careers website is third party content other than content marked with the Service Provider’s copyright notice.
III. Use of the services on the careers website by you
Section 6 Extent of permitted use, monitoring user activity
(1) Your user right is restricted to access to the careers website and to the use of the services available on the careers website respectively within the provisions of these Terms of Membership and Use.
(2) You are personally responsible for meeting the technical requirements necessary to use the services under the terms of the contract. The Service Provider is not obliged to give you any advice in this regard.
(3) The Service Provider advises you that your user activity may be monitored to the extent permitted by law. This includes, where relevant, the recording of IP data and conversation histories as well as their analysis where there is a specific suspicion of an infringement of these Terms of Membership and Use and/or specific suspicion that some other illegal action or offense has been committed.
Section 7 Uploading of own content by you
(1) To the extent this is available as a function on the careers website, you may, in compliance with the following regulations, upload content onto the careers website and thereby make it available to third parties.
(2) You are fully responsible for the information you upload. The Service Provider is not responsible for verifying the content for completeness, accuracy, legality, up-to-dateness, quality or suitability for a specific purpose.
Hence you declare and guarantee to the Service Provider that you are the sole owner of all rights to the content uploaded by you onto the careers website, or are otherwise authorized (e.g. through the valid permission of the rights owner) to upload the content onto the careers website and to grant the use and exploitation rights under paragraph (2) above.
Section 8 Right of use to content available on the careers website
(1) Unless a more extensive use is expressly permitted in these Terms of Membership and Use or facilitated on the careers website through a corresponding function (e.g. the download button),
– you may access online and display the content available on the careers website solely for personal purposes. This right of use is restricted to the time you are a contractual user of the careers website;
– you are prohibited from processing, amending, translating, showing or presenting, publishing, displaying, reproducing or disseminating the content available on the careers website either wholly or in part. It is also not permitted to remove or alter copyright marks, logos and other marks or proprietary notices.
(2) You are only permitted to download or print out content where there is a download or print option available as a function on the careers website (e.g. by way of a download or print button).
You receive in each case an open-ended and non-exclusive right to the content properly downloaded or printed out by you for the use of your own, non-commercial purposes.
(3) This is without prejudice to your mandatory legal rights (including reproduction for private and other use by you under Section 53 of the German Copyright Law).
Section 9 Prohibited activities
(1) You are prohibited from any activities on or in connection with the careers website which breach existing law, infringe upon the rights of third parties or contravene the principles of the protection of children and young people. You are not permitted to do the following:
– use content that offends or denigrates other members or third parties;
– use, provide or disseminate content, services and/or products that are legally protected or protected with third party rights (e.g. copyrights) without being expressly authorized to do so.
(2) Furthermore, irrespective of any potential infringement of law when you upload your own content onto the careers website or communicate with other members (e.g. by sending personal messages or through the participation in and the preparation of contributions to discussion forums), you are not permitted to engage in the following activities:
– harassment of other members, e.g. by repeatedly contacting them personally with or without a response from the other member, or encouraging or supporting such harassment;
– dissemination and/or public representation of content available on the careers website unless you are expressly permitted by the relevant author or this is expressly made available as a function on the careers website.
(3) You are also prohibited from doing anything that could affect the smooth running of the careers website, in particular by overloading the Service Provider’s systems.
(4) Should you become aware of any illegal use or abuse, any use in breach of contract or any otherwise unauthorized use of the careers website, please contact Contact-US@HeidelbergEngineering.com. The Service Provider will verify the occurrence and take appropriate steps.
(5) Where suspicion exists that an unlawful act or offense has been committed the Service Provider is entitled and as relevant also obliged to verify your activity and as relevant take appropriate legal action. This may include referring the facts of the case to the district attorney’s office.
IV. Processing of your personal data
Section 10 Data protection
(1) Among the quality requirements made of the Service Provider is dealing responsibly with members’ personal data (this data is further referred to as “personal data”). The personal data resulting from your enrollment on the careers website or the use of the available services may only be collected, stored or processed by the Service Provider to the extent this is required for the purposes of the contractual performance of a service and permitted under legal regulations or ordered by the legislator. The Service Provider shall treat your personal data as confidential and in accordance with the provisions of the current data protection law, and shall not pass it on to third parties.
(2) Beyond that, the Service Provider shall only use your personal data to the extent you have expressly consented to this. You may at any time revoke the consent given by you.
Section 11 Disclaimer for services free-of-charge
Should you suffer loss or damage as a result of the use of services provided on the careers website free-of-charge (including the retrieval of free content), the Service Provider shall only be liable if the loss or damage to you results from the contractual use of the free content and/or services, and only in case of intent (including fraud) and gross negligence on the part of the Service Provider.
VI. Other provisions
Section 12 Written form/email requirement
Unless otherwise indicated in these Terms of Membership and Use, all statements made in the context of participation in the careers website shall be made in writing or by email. The Service Provider’s email address is Contact-US@HeidelbergEngineering.com. The Service Provider’s postal address is:
Heidelberg Engineering GmbH
We reserve the right to amend the contact information. In case of such an amendment the Service Provider will inform you of the same.
Section 13 Severability
Should a provision of these Terms of Membership and Use be or become invalid this shall not prejudice the legal validity of the remaining provisions of the same. Such valid provision is deemed agreed in place of the invalid provision as most closely reflects the commercial intentions of the parties.
Section 14 Applicable law
These Terms of Membership and Use are governed by the law of the Federal Republic of Germany subject to the exclusion of the Convention on Contracts for the International Sale of Goods (CISG).
Section 15 Jurisdiction
The courts of the place where the Service Provider has its registered office in Heidelberg, Germany shall have exclusive jurisdiction over all disputes arising from these Terms of Membership and Use, to the extent such a jurisdiction agreement is permitted.