Careery - Terms of Service - Candidates

What is in these Terms?
This index is designed to help you navigate our Terms of Service (Terms). We hope this serves as a helpful guide, but please ensure you read the Terms in full.

Welcome to Careery!
This section outlines our relationship with you. It includes a description of the Service, defines our Agreement, and names your service provider.

Who May Use the Service?
This section sets out specific requirements for the use of the Service and defines categories of users.

Your Use of the Service
This section explains your rights to use the Service and the conditions that apply to your use of the Service. It also explains how we may make changes to the Service.

Other Legal Terms
This section includes our service commitment to you. It also explains that there are some things we will not be responsible for.

About this Agreement
This section includes some further important details about our contract, including what to expect if we need to make changes to these Terms; or which law applies to them.

Welcome to Careery!

Introduction
We appreciate you utilizing the Careery platform and all of the features, goods, and services we provide to you as a part of the platform (collectively, the “Service”).

Our Service
The Service links employers (referred to as “Companies” or “Companies”) and job seekers (referred to as “Candidates” or “Candidates”) so that the correct individual can be placed in the right position. Candidates are real people who use the Service to find new jobs or contract freelancing work. Companies are individuals or legal organizations that use the Service to find new workers or contractors. The Agreement grants Companies access to the Service.

Your Service Provider
Careery OHG, Machwerk, Am Krögel 2, 10179 Berlin, Germany, Amtsgericht Charlottenburg (zu HRA 61483 B) Geschäftsführer: Ehab Badwi, Ahmad Mobaiyed, Lukas Posegga. Careery , also known as “Careery,” “we,” “us,” or “our,” is the organization that offers the Service. It was formed and is governed by German law.

Applicable Terms
These agreements, the Careery Community Guidelines, and the Policy, Safety, and Copyright Policies all apply to your use of the Service (together, the “Agreement”).
Please take the time to properly read and comprehend this Agreement. You are not permitted to use the Service if you do not comprehend the Agreement or do not agree to any of its terms.

Your Use of the Service

  1. The Candidates are permitted to engage in the Service by Careery within the parameters of their own technical and operational capabilities. Careery only provides services related to the Service for Candidates in accordance with these Terms of Service (hereinafter referred to as “Candidate Terms of Service” or “Terms of Service”).
    Careery contests the legality of any general terms and conditions of Candidates. Only when Careery expressly and in writing agrees to them, do the general terms and conditions of Candidates become a part of the agreement between the Candidate and Careery.
  2. Careery may make use of the services of unaffiliated third parties for the Service (“Third Party Service”), including social media platforms and app stores. On Careery’s instructions, no third parties offer any third-party services. Careery does not offer services from third parties. These services will be properly identified by Careery or the third party. These Terms of Service have no bearing on any problems related to third-party services. Careery is not liable for services provided by third parties. The general terms and conditions of the providers of third-party services may apply to those services.
  3. Applications (or “Apps”) for mobile devices are typically not offered directly by Careery but rather by a third-party source ( “App Store” ). For this, a different user account could be required. Careery does not guarantee that the Service will perform and look exactly the same across all mobile platforms. It’s possible that certain features and materials are unavailable. Candidates ought to review the App’s functionality description.

1. Enrolment of the Candidate

  1. Only Candidates searching for placement, as described in Section 5.2 below, are eligible for Careery’s service.
  2. The Candidate certifies that he or she is of legal age and that he or she has the legal ability while registering for an account or using the Service.
  3. The Candidate has to register a Candidate account (“Account”) and enter into a binding service agreement with Careery, as described in Section 1.6 below, as prerequisites for participation in the Service. 
  4. To be eligible for the Service, a Candidate must submit an application on Careery’s website or in another way.
  5. The Candidate shall not use any aliases or other devices to conceal its genuine identity or contact information and shall complete the application truthfully (and notify Careery of any revisions).
  6. By submitting the application, the candidate makes a commitment to work with Careery under the terms and conditions of these Terms of Service ( “Agreement” ).
  7. Within fifteen (15) business days of receiving the application, Careery will notify the Candidate of their admission or rejection to the Service after reviewing the application. Careery might ask for more details (see Sections 4.1 and 4.2). When Careery accepts a Candidate for the Service, the Agreement becomes effective. Careery is not required to accept any applications.
  8. Careery is permitted, but not required, to confirm the veracity of the information provided by the Candidate. Careery may request identification documents, such as a personal ID card, to do this. Careery has the right to require such verification before allowing the creation of an account.
  9. Before submitting their application, the Candidate will have an interview with Careery on the phone or online. A coding challenge could also be required of the Candidate.
  10. The Candidate may print the Terms of Service or save them to a long-term data storage device before submitting the online application form.

2. About using the Services

  1. Only use of the Service in line with these Terms of Service is permitted by Careery. Automatic login is not allowed. The Service may only be accessed through the official Careery clients, applications, or websites. The Candidate is not permitted to develop, support, host, link, or offer any other means for other parties to access the Service.
  2. Without Careery’s previous written approval, the Candidate is not allowed to transfer his or her Account to third parties.
  3. The Candidate is not permitted to use any tools, programs, or devices in conjunction with the Service that might impair its functionality. The Candidate is not permitted to conduct any activity that might put an excessive or unjustified burden on Careery’s technological capabilities. In particular, unless Careery has expressly granted it in writing, the Candidate is not entitled to block, rewrite, or change the materials created by Careery.
  4. The Candidate will not do anything that would compromise the functionality and accessibility of the Service.
  5. By using the Service, the Candidate agrees not to break any laws that may be in force, including the Criminal Code or the rights of third parties, and to refrain from posting or sending any unlawful or immoral content to the Service. This specifically refers to any content (including member names, etc.) 
    1. that is untrue, inaccurate, or misleading
    2. insulting, racist, sexist, pornographic, or obscene;
    3. suitable to violate copyrights, patents, brands, or other intellectual property rights;
    4. suitable to violate a person’s right to privacy and other personal rights or the rights of a third party.
  6. The Candidate is not allowed to send unsolicited bulk emails, or to distribute commercial advertising for third-party goods or services within the Service. The candidate will respect other people’s privacy. Additionally, the Candidate is prohibited from unlawful distribution of any third-party works that are covered by copyrights or other rights on the Service. Additionally, references by Candidates to offers containing such content are prohibited.
  7. Careery has the right to halt such violations of this Section 4 at any time. Additionally, Careery has the right to delete any of the Candidate’s content that violates the law. The same holds true for clear indicators of a breach of these Terms of Service or for otherwise unlawful information. There is no right to the restoration of violated deleted content. If the restoration is impossible for technical reasons, such a claim is likewise nullified.
  8. Any banned Candidate is not permitted to open a new Careery account without Careery’s prior explicit written authorization. In the event that this ban was evaded, Careery has the authority to immediately and permanently block this Account.
  9. The requirements of this Section 4 do not restrict Careery’s ability to terminate its agreement, including its ability to do so promptly in line with Section 12. They also do not restrict Careery’s ability to exercise the virtual domiciliary right.

3. Careery’s responsibilities

  1. Careery offers the Service to match Candidates and Companies. This is how the service operates: Candidates must register for the service and submit their resumes and other information in accordance with the Terms of service or the Candidate Terms of service. Additionally, Companies register and submit a profile. Only Candidates who the Companies are interested in, as indicated below, are able to see this profile. Companies may choose to apply to a particular Candidate by submitting an interview request after looking through the Candidate profiles in a list and thorough view. An initial, non-binding offer proposal of the remuneration package the employer has in mind is included with these interview requests. The Candidate may now read the profiles of the Companies that have submitted the interview requests in addition to reviewing the interview requests. The interview request is up to the Candidate to accept or decline. If denied, the Company could (at the Candidate’s request) get in touch with the Candidate again with a new proposition. If accepted, Careery links the Candidate with the Company.
  2. The Candidate may now read the profiles of the Companies that have submitted the interview requests in addition to reviewing the interview requests. The interview request is up to the Candidate to accept or decline. If denied, the Company could (at the candidate’s request) get in touch with the candidate again with a new proposition. If accepted, Careery links the applicant with the employer.
  3. A Candidate is deemed introduced by Careery once a Company views them on the list view ( “Introduction”). A Candidate is deemed introduced by Careery once a Company views them on the list view ( “Introduction”). If the Company fails to notify Careery in writing and with supporting documentation within five business days after the introduction of the Candidate and Company in the twelve months prior to the Introduction, the Candidate shall be deemed to have been introduced by Careery.In this case, email or the Service are both appropriate media. When there is a written communication about a Candidate that clearly identifies the Candidate, the Company, and the possibility to recruit the Candidate, it is deemed that the Candidate has already been introduced, either directly or via a third party.
  4. An Introduction to the Service lasts 12 months.
  5. Careery could occasionally propose a particular Candidate to a Company or vice versa, although it is not required to do so. Then, the Candidate is likewise seen as being introduced. This may be done by phone, messaging app, or email.
  6. Careery makes a good faith attempt to match Candidates and Companies, but Careery makes no warranties or guarantees, nor does it make any other commitments, that a Candidate or Company will find a match through Careery and/or the Service.

4. Obligations of Candidate

  1. The candidate must fill out both the required and optional fields on the registration form with the personal data requested.
  2. Careery may occasionally add required or optional fields. Unless data protection regulations permit such communication or the Candidate has secured the approval of the parties in question, the Candidate should not provide Careery with any personal information about third parties (i.e., information allowing an individual to be identified). On a case-by-case basis, Careery may additionally ask the Candidate for further information.
  3. Unless specifically stated differently in these Terms of Service, Careery will contact the Candidate through email or mobile phone. The Candidate is responsible for making sure it gets any emails sent by Careery to the email address provided during the application process or at a later time. In particular, the Candidate will set up the spam filter appropriately and often examine all incoming emails from this address. Careery is free to choose any other suitable communication method.
  4. If a Company contacts the Candidate while the Candidate’s profile is accessible to Companies on the platform, the Candidate must notify Careery in writing within 5 business days.
  5. All access information (logins, passwords, etc.) for the Service (“Access Data”) shall be kept strictly private by the Candidate. If the Candidate learns or has reason to believe that a unauthorized third party has the Access Data, they must notify Careery right away.
  6. Careery may update the Access Data without prior notice or block the relevant account if it has cause to suspect that an unauthorized third party is in possession of the Access Data, without taking any responsibility for doing so and always acting in its sole discretion. Careery will instantly notify the Candidate and, upon request, swiftly provide the Candidate with the revised Access Data. The Candidate cannot assert that its original Access Data has been recovered.
  7. The Candidate is responsible for any wrongdoing and any resulting damages if a third party utilizes the Candidate’s Access Data due to the Candidate’s negligence. Any access made using the candidate’s access data in this situation will be regarded as the candidate’s access.
  8. Careery is not liable for supplying or aiding in the acquisition of any work permits, other authorizations, medical clearances, or other documentation that may be required in order to hire the Candidate in a particular nation.

5. Placement and Payment

  1. Candidates do not have to pay to utilize Careery.
  2. Candidate agrees to let Careery know in writing (either through the service or by email is acceptable) as soon as possible, but no later than five business days, if he was employed or otherwise engaged by Company ( “Placement” ). In order to get status updates on ongoing talks, Careery may get in touch with the Candidate.
  3. Placement is defined as any employment, contracting, temporary employment, or other use of the Candidate by the Company or a Company-affiliated undertaking in the sense of Sections 15ff. of the German Stock Company Act.
  4. Candidate consents that Careery may get all contract information from Companies.
  5. For a period of twelve months following termination, the candidate must notify Careery in writing within five business days of any rehiring or equivalent action taken by the company.

Other Legal Terms

6. Quality of the Service / Technical Deficiencies

  1. The Service’s inherent nature calls for constant improvement and updating. Careery wants to give Candidates a helpful Service and a satisfying Candidate experience, thus, it is always developing and improving the Service. As a result, Careery gives the Candidate access to the Service in any form or version that is currently offered. System requirements and compatibility requirements may change as a result of developments. The Candidate has no right to preserve or recreate any particular aspect of the services’ scope. Any of the Candidate’s deficiencies that are related to the Service’s technical usability as a whole should not be affected by this. Because the Service is always improving, Careery retains the right to add new features, update existing ones, or take existing ones away from the Service. The Candidate agrees to these ongoing Service modifications.
  2. Typically, mistakes that result from outside forces, such as Candidate operational issues, force majeure, modifications not made by Careery, or other manipulations, are not covered by the guarantee.
  3. Aside from what is expressly stated in these Terms of Service, Careery makes no legal guarantees.

7. Limitation of Liability / Availability

  1. Only the terms outlined in Sections 9.1.1 to 9.1.5 shall apply to Careery’s liability under the terms of this Agreement. Any liability of Careery shall be disclaimed, save for cases of willful misconduct or willful carelessness. The same is true when agents or assistants conduct their duties with a little carelessness. However, the following situations are exempt from the aforementioned:
    1. Careery shall have unlimited liability for losses caused intentionally or through gross negligence by Careery, its representatives in law, senior executives, and for losses intentionally caused by other assistants in performance; with respect to the gross negligence of other assistants in performance, Careery’s liability shall be as described in the provisions for simple negligence in Section 9.1.5 b) below.
    2. For any death, personal injury, or health issue brought on by Careery, its agents, or employees acting under its direction or supervision’s negligence, Careery shall have unlimited liability.
    3. If Careery offers a warranty, it is responsible for losses caused by the absence of any warranted characteristics up to the amount covered by the warranty’s purpose and which Careery could have reasonably anticipated at the time the warranty was offered.
    4. In the case of product liability, Careery shall be fully accountable under the German Product Liability Act.
    5. Careery, its legal agents, or helpers in performance are all subject to liability for losses brought on by negligent (including simple negligence) or willful breaches of their basic responsibilities.
      1. Primary obligations are those fundamental responsibilities that make up the Agreement’s core, were crucial to its conclusion, and on the fulfillment of which the Candidate may rely.
      2. If Careery violates its primary obligations through simple negligence, then the extent of its subsequent liability is limited to what Careery could have reasonably foreseen at the time the relevant service was rendered.
      3. Damages are limited to ten (10) times the fees that have been paid in accordance with these terms of service over the previous twelve (12) months.
  2. Unless expressly stated otherwise, Careery does not accept any liability under or in connection with the Agreement or its subject matter, whether such liability arises from negligence, breach of contract, misrepresentation, or for any other reason, for any indirect damage and consequential damage, including but not limited to loss of profit, interruption in business and/or interruption of operations of Candidate or its clients.
  3. Careery commits to 99% (ninety-nine percent) annual average availability of the Service. This exclusion does not apply to instances in which the Service is unavailable due to technical issues or other issues that are beyond Careery’s control (such as force majeure or third-party fault) or instances in which routine maintenance tasks are being performed. In order to protect network integrity, ensure network security, and avoid serious software, network, or stored data malfunctions, Careery may impose access restrictions on the Service. In cases of deliberate misconduct or willful negligence, the Candidate’s rights are unaffected.

8. Intellectual Property / Indemnification

  1. All of the rights to the contents of the Service are owned exclusively by Careery or each of its respective licensors. National and international legislation, namely copyright, safeguard the material. Careery’s intellectual property and copyrights are protected against illegal distribution, copying, deletion, and other violations through both civil and criminal legal action.
  2. Careery reserves all rights that aren’t explicitly given in these Terms of Service. Except for any licensed or incorporated third-party material, Careery shall maintain all rights, titles, and interests in and to the Service, including all data (such as user statistics and compilations thereof), information, and software linked thereto. The Candidate understands that Careery has copyright and other legal protections for the software, information, content, and data related to the Service (such as any usage data or compilations thereof), and that these materials may also contain trade secrets or other intellectual or industrial property that Careery owns or has permission to use.
  3. Candidate guarantees that he has the legal capacity to provide Careery permission to use his information in the ways mentioned above as well as to I submit it to the Service.
  4. Candidate hereby agrees to hold harmless and indemnify Careery and its affiliates, directors, officers, employees, owners, and agents from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on I any failure or breach of the Agreement and the Terms of Service, including any representation, warranty, covenant, restriction, or obligation made by Candidate in the Application or otherwise made by Candidat.

9. Confidentiality

  1. Except as otherwise specified in these Terms of Service or with Careery’s permission, the Candidate agrees that all information provided by or on behalf of any of them to Careery or any of Careery’s other customers regarding business information, information from the company profile, such as salary information, and information about tech stack shall remain strictly confidential and secret and shall not be used, directly or indirectly, by the Candidate. This includes information about business operations, salary information, and information about tech stack ( “Confidential Information” ).
  2. Candidate specifically agrees not to use any data gleaned from the service to create, improve, or run a service that competes with it, or to help another party do the same.
  3. Neither party will use or disclose any of the other party’s Confidential Information for any reason after or during the period of the Agreement, or to any third party. Any exemption to this rule needs to be approved beforehand.
  4. The aforementioned restriction does not apply to information that has been independently developed by the receiving party without using the confidential information of the other party, that has been legitimately obtained from a third party with the right to disclose it, that has been given written approval for release by the disclosing party, that has become publicly known due to no fault of the receiving party, or that is required to be disclosed by a competent legal or governmental authority.

10. Term / Termination

  1. The Agreement will start when Careery accepts a candidate’s application and will last until it is canceled in accordance with the terms of this agreement.
  2. Unless otherwise agreed in writing, any party may end the agreement by giving the other party five business days’ notice in advance.
  3. Even if the Agreement is terminated, Sections 7 and 11 will remain in effect. for five years, Section 11.
  4. The Agreement may still be terminated by any party for cause at any time.
  5. Every termination must be made in writing, which is preserved by email. The grounds for the unusual termination should, if not already included in the termination notification, be promptly revealed in writing upon request. The grounds for the termination are not need to be stated in any typical termination notification.

11. Data Protection

  1. In line with all applicable European and German data protection laws, Careery collects and uses the Candidate’s data gathered during the execution of the Agreement and within the parameters of these Terms of Service, precisely to the extent required to carry out the Agreement effectively. The Careery privacy statement will be in effect (found at https://www.Careery.de/pages/legal notice).
  2. The Candidate is aware that, in order to fulfill the terms of the Agreement, Careery must provide personal information to the companies it partners with in order to mediate the Candidate and attempt to match the right person with the right job, subject to these Terms of Service and the Privacy Policy.
  3. The applicant is aware that Careery may get in touch with him or her via phone, email, or messaging service and make suggestions for Companies that match the applicant’s profile.

About this Agreement

12. Changes to the Terms of Service

  1. These Terms of Service apply to each login to the Service.
  2. As long as the Candidate is not adversely affected, Careery may change these Terms of Service (including amendments) at any time in the future if it becomes necessary (particularly to reflect changes to the Service or changes in the legal framework that applies to it, such as new legislation or case-law).
  3. Any updates to the Terms of Service will be communicated to the Candidate in the appropriate manner. Careery will email the Candidate or post a notice on the Service. After modifications have been made, the Terms of Service will always be highlighted upon initial login.
  4. Following receipt of the notification of the amendments and the opportunity to take notice thereof, the Candidate has six weeks to contest any changes to the Agreement. It is advised that the candidate submits a written statement of opposition (for example, via email).
  5. If the Candidate I does not contest the modifications within the aforementioned time period or (ii) continues to use the Service beyond the aforementioned time period, the changes to the Terms of Service are considered accepted and become legally enforceable.
  6. When notifying the Candidate about changes to the Terms of Service, Careery will also provide information about the possibility of contesting the changes and the legal repercussions, particularly the legal repercussions of a lack of opposition.
  7. Each party may terminate the Agreement with one month’s advance notice if the Candidate objects to the modifications in time, unless Section 12 provides for cancellation at any time. The Candidate’s connection with Careery shall be governed, up to termination, by the Agreement in its prior form. There are no other complaints the Candidate has about Careery.

13. Governing Law

German law shall govern this Agreement and be followed in its interpretation. If the candidate resides in the EU, his right to the protection provided by his country’s enforceable consumer protection legislation will not be violated. Candidate If the Candidate decides to bring a lawsuit, it must be done so in German court or the court where the Candidate resides.

14. General Instructions

  1. The Agreement supersedes all earlier and/or contemporaneous written or oral agreements or understandings and comprises the complete agreement between Careery and the Candidate with respect to the subject matter hereof. Candidate terms and conditions are not incorporated into the Agreement until Careery has approved them in writing.
  2. In the event of a merger, acquisition, or sale of all or nearly all of Careery’s assets, Careery may assign all or any of its rights and responsibilities under the Agreement to a succeeding owner or operator of the Service. Without Careery’s prior written approval, the Candidate may not assign or transfer the Agreement or any of its rights thereunder. The legal representatives, succeeding parties, and legitimate assignee of the parties hereto shall be bound by and shall be entitled to the benefits of this Agreement.
  3. The Agreement cannot be changed, with the exception of what is stated in Section 14 above, without the parties’ prior written approval. The Agreement may not be modified, amended, or revoked (in whole or in part) unless in writing (by letter, fax, or email); the requirement of writing form may only be waived in writing.
  4. Regarding all matters arising under this Agreement, each party to this Agreement is an independent contractor in reference to the other party. No partnership, joint venture, alliance, or employment relationship between the parties shall be construed to have been formed by anything included herein.
  5. Inaction by Careery over a violation by the Candidate does not constitute a waiver of Careery’s right to take action regarding that breach or any future or similar breaches. Any agreement or waiver made by Careery regarding these terms of service must be made in writing and signed by a fully authorized representative of Careery in order to be considered valid.
  6. The section headers used in these Terms of Service are just for convenience and have no bearing on how the Agreement should be interpreted.
  7. These Terms of Service are only to be used in English.
  8. Candidate confirms and recognizes that Candidate has read these Terms of Service in its entirety and agrees to be bound by all of their terms and conditions by submitting an application to join the Service. Candidate shall refrain from submitting an application to join the Service if Candidate does not intend to be bound by these Terms of Service.

15. Continuation of this Agreement

The following provisions of this Agreement will still be applicable to you after your use of the Service has ended: “Other Legal Terms,” “About This Agreement,” and the licenses you have granted, with some exceptions detailed under “Duration of License.”

16. Severance

Any other terms of this Agreement will not be affected if it turns out that a particular term is not enforceable for any reason.

17. Assignment

In the event that Careery is sold, a third party may also acquire all or a portion of this Agreement from Careery.

18. No Waiver

This Agreement does not give us the right to waive any of our rights if you violate it and we do not take quick action (such as the right to take action in the future).

19. Directives on exit from the EEA

Beginning on May 28, 2022, EEA consumer law grants you the right to revoke this agreement in accordance with the Model Instructions on Withdrawal of the EU if you are an EEA-based consumer.

The ability to withdraw

Within 14 days, you have the option of ending this agreement without providing a reason. After 14 days from the day the contract was signed, the withdrawal window will close. You must provide us clear notice of your intent to withdraw from this contract in order to exercise your right to do so (e.g., a letter sent by e-mail). You can get in touch with us by sending an email to account-withdrawal@careery.de While it is optional, you are welcome to utilize the sample withdrawal form that is attached. On our website, you may also electronically complete and submit the sample withdrawal form or any other unambiguous declaration (WithdrawalForm). If you choose this option, we will promptly send you an email acknowledging that we have received your withdrawal request on a durable means. It is necessary for you to deliver your message regarding the exercise of your right to withdraw before the withdrawal period has ended in order to fulfill the withdrawal deadline.