Terms

Status: 15.10.2020

Block2Job GmbH (hereinafter referred to as Block2Job) from Brunswick (Germany) and Block2Job Schweiz GmbH (hereinafter also referred to as Block2Job) from Einsiedeln (Switzerland) provides you as a Block2Job user (hereinafter referred to as User) with services (hereinafter referred to as Services) in Germany and Switzerland via its application and other digital channels "Block2Job". Within the scope of these services, you receive information from Block2Job (hereinafter referred to as Content) and can share and exchange data and messages with other Block2Job users in various forms.

It is important that you read our Terms of Use for these services. Only then can you understand all aspects of your use of Block2Job and behave accordingly.

By using or accessing our application, services, features, tools, software or website, you agree to the following Terms of Use.

1. Registration

If you want to use the services of Block2Job, we need to know you. Communication is a matter of trust and we want to know who we accept into our network as a user. To use the services and features of Block2Job, you must therefore formally register with Block2Job.

Upon successful registration as a Block2Job user, you will receive a free license to use Block2Job's services.

For the registration you have to give us some personal data, which we ask from you during the registration. We are very careful to handle this data with the necessary care and to collect only the most necessary data. Even after registration and during the use of Block2Job it may happen that we need additional information for the realization of the services requested by you, which we then request from you situation- and function-related. You can find more details about this in our privacy policy .

The data you provide to us must be entered correctly by you and must correspond to the truth. Therefore, please take your time for this important process of data entry. By registering, you agree that we may send you mails, SMS or messages via other channels. Only in this way we can stay in contact with you and you can use our services.

2. Age

Because personal information is exchanged through Block2Job, we have decided to make our services available only to persons 18 years of age or older.

3. Nationality and residence

Since we as Block2Job do not know all the legal systems of this world and do not want to hand ourselves over to them uncontrolled, we limit the circle of users for Block2Job to natural persons of the Federal Republic of Germany and Switzerland with residence and registered in this country.

To ensure this, you will not use IP proxying or other methods to hide your location from us.

Persons with residence and/or nationality outside these countries may use Block2Job only with the express prior consent of Block2Job.

4. Devices and software

Block2Job is a software-only application. To use this software, certain devices, other software and data connections are necessary for which the user of Block2Job is responsible.

5. Updates

We are constantly working to make our services even better, so you confirm that you agree to download and install updates to our services (also in an automated way).

6. Fees and taxes

In order to use the Block2Job services, you must have access to the Internet. You are responsible for all data rates, fees and taxes associated with this access to the Internet.

7. Regulations for the use of the services of Block2Job

Function

Block2Job operates a digital recruiting platform. The content of this platform is provided by Block2Job's partners, with whom Block2Job has concluded bilateral partner agreements in this regard.

A disclosure obligation of the partner contracts by Block2Job to users and other third parties does not exist.

The partners intend with the placement of their content on the Block2Job platform the conclusion of a contract, defined in the respective content, with a suitable Block2Job user to be found via Block2Job. We call such a contract between a Block2Job User and a Block2Job Partner a Content Contract and the User included therein a Content Contract Partner.

The Content agreed in the Partner Agreement between Block2Job and the Partner is actively and selectively distributed by Block2Job to its Users.

Block2Job users are given the opportunity by Block2Job to review the content for themselves, to register as a potential content contract partner using the corresponding functions of the Block2Job application, or to actively redistribute the content in their own social network as a recommendation by using the corresponding functionalities of the Block2Job application.

Users have no right to access Content, Content Content or access to the Platform, nor to influence how and to whom Block2Job distributes Content.

Responsible for the content and the accuracy of the content is solely the respective hiring partner. Block2Job assumes no liability or guarantees regarding the contents of the content of its partners communicated on its platform.

Effective recommendation

The Content provided by Block2Job to its users may and shall be passed on to other persons. Block2Job supports and documents the sharing of Content (hereinafter also referred to as Recommendation) if it is done through the services provided to the User by Block2Job. In order to use Block2Job's services, we need to access features such as Messenger or Mail application of your devices and you authorize us to do so.

You as a user agree to the documentation and processing of all data and information arising from the recommendation by Block2Job without restriction.

Sharing of Content through means other than those made available to the User by Block2Job does not result in documentation of the recommendation by Block2Job. Recommendations not documented by Block2Job are ineffective recommendations in the sense of the Block2Job Services.

A recommendation from one user to another is "effective" in the sense of Block2Job and is then assigned to the account of the recommending user if it meets all of the following criteria:

1. The recommendation of content was created by the recommending user (hereinafter also recommender) in his active Block2Job account (hereinafter also sender account) and the recommendation was confirmed as processed by him.
2. The recommendation message was successfully sent technically by the Block2Job application.
3. The recipient of the recommendation has received the recommendation message sent by the recommender and opened the recommended content.
4. The recipient has not previously opened a recommendation of the same type, i.e. of the same content, from a Block2Job user other than the sender from (a) as recipient.
5. Block2Job was able to record and document all data necessary for the evaluation of the recommendation in a technically flawless manner.

Successful recommendation

If, due to a sequence of effective recommendations documented by Block2Job, a contract corresponding to the content (content contract) is concluded between a partner and a user of Block2Job, then a successful recommendation exists (hereinafter also referred to as successful recommendation chain).

A referral (E) is part of a "successful referral chain" as defined in this User Agreement if it meets all of the following criteria:

1. A User, triggered by an effective Recommendation received (not necessarily (E)) and following the receipt of this Recommendation, enters into a corresponding Content Contract with the associated Content Partner.
2. The conclusion of the content contract from (a) takes place within the regulations of a partner contract belonging to the content between Block2Job and the partner.
3. Recommendation (E) concerns the content, of the content contract from (a).
4. Recommendation (E) meets the criteria of an "effective recommendation."
5. Recommendation (E) is part of a complete and closed series ("chain") of other effective recommendations, which has the endpoint of the Block2Job User who, as the recipient of an effective recommendation, has then validly concluded the content contract with the Partner belonging to the recommendation in accordance with (a).
6. Recommendation (E) is part of the closed series ("chain") according to (e) between Block2Job as the first sender of the Content and the Recipient who enters into the Content Contract according to (a).

Allocation of bonus shares

Block2Job assigns a share of the premium to the users involved in a successful recommendation chain under certain conditions. The total premium to be distributed, the bonus distribution and thus the premium shares allocated to the effective recommenders are based on the partner contract belonging to the content and the regulations agreed upon there.

A bonus share regarding a content is then assigned to a user's account if the following requirements are met:

1. For the content there is a valid partner contract between Block2Job and a partner, in which a bonus, in the case of a successful referral chain for this content, was regulated.
2. A successful referral chain in terms of and according to the agreements of the partner contract from (a) was identified by Block2Job.
3. The partner from (a) has accepted the users identified by Block2Job as a successful referral chain.
4. The partner from (a) has paid the finder's fee advertised by him to Block2Job without deductions according to the partner contract from (a).
5. With an effective recommendation, the user is part of the successful recommendation chain belonging to the content.
6. The User has a valid license usage agreement with Block2Job at the time of the conclusion of the Content Agreement.
7. The user's claims can be successfully verified and fully documented without contradiction within the framework of Block2Job's internal quality processes and available internal data and documents.
8. The user shall provide all information required by Block2Job in order to comply with the legal and formal requirements associated with a permitted bonus assignment.

Assigned bonus shares expire if the user does not provide all necessary information requested by Block2Job within 12 months after being approached by Block2Job. A claim for forfeited bonus shares against Block2Job by users does not exist.

A bonus credit expires if your user license is terminated by Block2Job for cause.

Payment of bonuses

Bonus shares assigned to the user by Block2Job can be requested for payment under the following conditions:

1. The payout of a part of the available bonus credit assigned to a user is requested via the Block2Job application. Payout requests via other media or channels will not be accepted or considered by Block2Job.
2. The applying user has an active account with Block2Job at the time of application.
3. The size of the requested portion of the bonus credit is at the discretion of the requesting User, but must be less than or equal to the available bonus credit shown by Block2Job in the User's account at the time of the request.
4. The application by the user formally represents an offer. Block2Job is not obliged to accept this offer.
5. Block2Job has the complete data for a bank account in the name of the user at the time of the application. Payment of bonuses is generally made by bank transfer and only to the bank account of the user. You as a user must provide your complete and correct account information on Block2Job in your account.
6. Block2Job has the data necessary to assign your tax status. Without providing your tax number and, if applicable, your VAT identification number, no payment can be made. You as a user are responsible for the, from a premium payment by Block2Job to you, legal and tax reporting and payment obligations (eg income tax returns, business registrations). Block2Job assumes no responsibility for your tax affairs or other legal reporting obligations. Block2Job recommends that you contact a tax advisor or the local tax office if you have questions about the tax allowances and reporting requirements that apply to you.
7. Block2Job checks your application for completeness, accuracy and legality. If there are any questions or ambiguities in your application, Block2Job will contact you via your contact details stored in the account at the time of your application and, if necessary, request additional information. You are obliged to provide the data requested by Block2Job in the form, time and manner required by Block2Job.
8. After reviewing the application and, if necessary, the information you provide to redeem a reward or part of it, Block2Job will send you a message via the contact details stored in your account at the time of the application and inform you whether your offer has been accepted by Block2Job.

If Block2Job accepts the offer from you, the corresponding amount will be credited to your bank account as a commission.

8. Privacy and user data

Your privacy is very important to us at Block2Job. We explain our information and messaging practices in our Privacy Policy.

Block2Job is an application that can be used by you regardless of country borders.

You as a user grant Block2Job the exclusive, spatially, temporally and substantively unrestricted rights of use and exploitation of the data transmitted to us, including photographs. You as a user waive your right to use your name according to § 13 UrhG or according to Swiss URG (Copyright Act).

You understand and accept that the laws, regulations, rules and standards of the country in which your information is stored or processed may differ from those of your own country.

9. Recommenders at Block2Job Schweiz GmbH

For the private employment agency in Switzerland, special laws (including AVG) and regulations (including AVV) apply. In order for you as a user of Block2Job to also be able to act as a recommender of content and to be legally protected by the formal approval of Block2Job as a "private employment agency", you must formally be part of the Block2Job organization.

With your confirmation of these terms of use, the following individual employment contract is therefore concluded between you and Block2Job Schweiz GmbH:

1. Field of activity
   Redistribution / recommendation of content received via Block2Job in the recommender's own social networks.
2. Beginning and duration of the employment relationship
   The employment relationship begins with the successful completion of the registration process as a Block2Job user (Block2Job account) and is entered into for an indefinite period of time.
3. Termination of the employment relationship
   The employment relationship is linked to the license granted by Block2Job to the User to use Block2Job in accordance with the provisions of the Terms of Use. The employment relationship ends automatically with the blocking, deletion or termination of the Block2Job account.
4. Salary / bonus share / agency commission
   Block2Job assigns the users involved in a successful referral chain under certain conditions a premium share as a referral commission. The total premium to be distributed, the premium distribution and thus the premium shares allocated to the effective recommenders depend on the partner contract belonging to the content and the regulations agreed upon there. In principle, the total premium to be distributed is divided by the number of members of the successful recommendation chain and thus results in the user's individual premium share. The user's individual premium share corresponds to the gross salary. The gross wage includes the vacation bonus and the vacation compensation. The following is an example of how the individual premium share (gross wage) is derived from the basic wage:

   Gross salary	111.33 %	CHF 1’000.00
   ./. Ferienzuschlag (8.33 % vom Grundlohn)	8.33 %	CHF     -74.80
   ./. Holiday allowance (3% of basic wage)	3.00 %	CHF     -26.95
   Basic wage/base salary	100.00 %	CHF    898.25

5. Social security / payroll deductions
   The employee's statutory social insurance bonuses (AHV/IV/EO, ALV) are deducted from the gross salary. The OASI allowance for OASI pensioners is CHF 16,800.00; the OASI allowance on marginal earnings from sideline employment per year is CHF 2,300.00 (but does not apply to domestic workers, etc.).
   If the annual salary is higher than this allowance, the contributions are deducted from the total salary. Several premium shares per year are added together and result in the relevant annual salary.
6. UVG accident insurance
   BU Occupational accident insurance in accordance with the applicable statutory regulation, at the expense of the employer. NBU Non-occupational accident insurance is not taken out because the employee's weekly working hours do not exceed 8 hours.
7. Occupational pension
   The employee does not reach the BVG minimum wage (as of 01.01.2020 CHF 21,330.00), therefore there is no BVG affiliation obligation on the part of the employer.
8. Vacations and public holidays
   The vacation entitlement per calendar year, based on a 5-day week, is 20 working days. The vacation pay is added as a percentage (8.33 %) to the basic salary and paid out with the salary. Cantonal holidays and the first day of August are considered public holidays on which, as a rule, no work is required. The employee receives a supplement to the basic wage of 3.00 % as compensation for public holidays.

By agreeing to the Block2Job Terms of Use, the Employee declares to have read the Employment Agreement and to be in agreement with its contents.

10. Guidelines when using Block2Job

Only those who use our services in the sense we have communicated in our terms of use and other publicly available publications may do so.

Violations of our terms will result in the suspension of your account and blocking of access to our services. You will not use or create another account with us without our permission if you have been banned by us in such a case.

As a Block2Job user, you understand that you may use our Block2Job services only within the scope of the applicable rights of the Federal Republic of Germany and the applicable rights of the European Community as well as the applicable rights of Switzerland. This is independent of where you live and where you use the Block2Job Services.

11. Permitted use of Block2Job

As a user of Block2Job you are part of a community with other people. Within our Block2Job community, we want to maintain a conscious approach to communication and publication of data that makes Block2Job a positive experience for everyone.

As a Block2Job user, you support this by using Block2Job to

1. not violate the rights of other Block2Job users.
2. respect the personality of each Block2Job user, i.e. do not imitate, insult, intimidate or harass anyone.
3. not communicate any racist, ethnically offensive and/or violence glorifying content.
4. not distribute illegal content.
5. not incite, encourage, or call for violence or crime.
6. comply with and do not infringe any other relevant rights, e.g. intellectual or other property rights, privacy rights or rights of publicity.
7. not spread untruths, misrepresentations or misleading statements.
8. not use mass mailings, auto-messaging services or similar.
9. perform any non-private use only with our prior permission.
10. use the Block2Job Services only in the manner intended by Block2Job and in the manner that is customary.

You know that emergency calls are not possible via Block2Job. The Block2Job services are highly restricted communication services and not suitable to alert emergency services like police, ambulance, fire department or similar. Please use other service providers to reach appropriate emergency services.

An unauthorized use of Block2Job by you as a user leads to an immediate termination of your Block2Job user license for cause. In addition, we reserve the right to take legal action.

12. Avoid damage for Block2Job

By using Block2Job you respect our development work and our efforts to provide a positive service for all Block2Job users. You may not use Block2Job in any unauthorized manner.

That is why you must not:

1. copy, modify, license, sublicense, transfer, perform, otherwise display our systems, services, programs or data other than in our Block2Job Application, or create derivative works from Block2Job.
2. extract, decompile, reverse engineer, create modifications of, or otherwise use derivative versions of our code other than as intended for use.
3. distribute viruses or other types of harmful code through or stored in our Services.
4. attempt to gain unauthorized access to our systems and data files, disrupt or interfere with the system integrity and performance of our services.
5. create or maintain accounts on our Services by automated means, and collect information in an automated manner when using our Services.
6. create accounts in an inadmissible manner, e.g. with false or foreign data on Block2Job.
7. sell, rent or charge fees for our services.
8. use Block2Job in such a way that our services can be used by multiple devices simultaneously.

Such or similar for Block2Job harmful use of Block2Job by you as a user leads to an immediate termination of your Block2Job user license for cause. In addition, we reserve the right to take legal action.

13. Responsibility for your Block2Job account

You are responsible for the security of your Block2Job account as well as your device on which you use Block2Job.

If you notice any unauthorized use of your account or any violation of our Terms of Use, you must notify us immediately.

14. Third party services

On the Block2Job app, among others, providers are active who may offer you their services. If you decide to use these services of third parties, then their usage and privacy policies apply to your use of these services.

15. Rights and responsibilities regarding information and data

All information and data that you submit to and through Block2Job is and remains your property. However, you are responsible for ensuring that you have the necessary rights to distribute this data to and through Block2Job to us and others.

In order for us to operate Block2Job and for you to use Block2Job, you grant Block2Job a worldwide, non-exclusive, perpetual, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivative works from, display and perform the information and all content you upload, transmit, store, send or receive on or through Block2Job.

16. Rechte von Block2Job

Block2Job owns all trademarks, logos, domains, copyrights, patents and other intellectual property rights associated with our Services.

Use, in whatever form, is not permitted without our prior consent.

17. Your license towards the Block2Job application

In order for us to operate and provide our Services, you grant Block2Job a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivative works of, display and perform the information (including Content) that you upload, transmit, store, send or receive on or through our Service(s). The rights granted by you under this License are limited to the purpose of operating and providing our Services.

18. License to use Block2Job

Block2Job grants you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use Block2Job for your personal use subject to and in accordance with our Terms.

To report claims of copyright, trademark, or other intellectual property infringement of others, please visit our Intellectual Property Policy. We may suspend your Block2Job application account if you repeatedly infringe the intellectual property rights of others.

19. Disclaimer

The Block2Job application is used by you at your own risk.

Block2Job provides you with Services without warranty of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, data security, and freedom from data viruses or malware.

We do not warrant that our services will be error-free, secure, complete, operational, uninterrupted or useful.

We also assume no liability for the completeness and accuracy of the information provided by us and disseminated by Block2Job users on and through Block2Job.

You release Block2Job, Block2Job's employees, and its officers from any and all known and unknown claims, complaints, litigation, and damages, and the like, directly or indirectly related to your use of our Services.

Notwithstanding anything to the contrary, the liability of Block2Job, the Block2Job Application, other affiliates, Block2Job's employees and Block2Job's service providers in such cases shall be limited to the maximum extent permitted by applicable law.

20. Exemption

You agree to indemnify and hold Block2Job harmless from and against all liabilities, damages, losses and expenses of any kind, including legal fees of any kind, related to, arising out of or in any way connected with the use of Block2Job.

You will cooperate to the extent required by us in the defense or resolution of any claim.

21. Jurisdiction and venue

Our Terms and any dispute, whether in court or arbitration, that may arise between Block2Job and you shall be governed by the laws of the Federal Republic of Germany for users from the Federal Republic of Germany and by the laws of Switzerland for all users from Switzerland, both to the exclusion of the rules of private international law.

You agree that you will bring any claim you have against Block2Job relating to, arising out of or in any way connected with our Terms, Block2Job or our Services exclusively in the competent court located in Braunschweig, Lower Saxony, Germany or Schwyz, Canton Schwyz, Switzerland, as the case may be, and you agree to submit to the personal jurisdiction of such courts for the purpose of having all such disputes heard.

22. Availability of our services

Block2Job is interested in providing you with high quality services. Nevertheless, our services may be interrupted for various reasons, e.g. for maintenance work, repairs or equipment or network failures.

Also, events beyond our control may cause Block2Job to be unavailable.

You understand that Block2Job may discontinue its services or support of any feature, device or platform, or releases thereof, at any time without cause.

23. Cancellation

Block2Job may change or terminate your authorization to use and/or access Block2Job at any time, without giving any reason and without having to inform you.

This may be the case, in particular, if you do not use Block2Job in the manner we intended and violate our Terms of Use or we have reason to believe that you do.

Our Terms of Use, including without limitation the Limitations of Liability, License Agreement shall survive the termination of your relationship with Block2Job in such cases.

Unless otherwise provided in an agreement executed jointly between you and us, our Terms constitute the entire agreement between you and us with respect to Block2Job Application and our Services and supersede any prior agreements.

We may ask you to agree to additional terms in the future for certain Services, which will govern if there is a conflict between our Terms and such additional terms.

Our services are limited to the Federal Republic of Germany and Switzerland, respectively, and are not intended for distribution to or use in any country where such distribution or use would be contrary to local law or subject us to any regulation in any other country. We reserve the right to restrict our services in any country.

Our terms and conditions are written in German. Any translated version is provided for convenience only. If there is a conflict between any translation of our Terms and the German version, the German version shall prevail.

Any modification of our terms and conditions or waiver thereof shall require our express consent.

We may change or update these Terms. We may notify you of changes to our Terms and update the "Last Modified" date at the top of our Terms. Your continued use of our Services confirms your acceptance of our modified Terms. If you do not agree to our modified Terms, you must discontinue your use of our Services. Please review our Terms from time to time.

All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates in connection with a merger, acquisition, reorganization or sale of assets, or by operation of law or otherwise, and we may transfer your data and information to any of our affiliates or successor companies or any new owner.

You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.

No part of these terms will prevent us from complying with the law.

Except as otherwise set forth herein, our terms and conditions do not grant any preferential rights to any third party.

Failure on our part to enforce any provision of our terms shall not constitute a waiver of any rights.

If any provision in these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of any remaining provisions.

We reserve all rights not expressly granted to you by us. In certain jurisdictions, you may have certain rights as a consumer and our terms are not intended to limit such consumer rights, which cannot be waived by contract.

We always welcome your feedback and suggestions about Block2Job and our services. However, you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you are not obligated to offer them to us).

General terms and conditions for users residing in Germany and Switzerland