General Terms and Conditions of TUM Jobportal

Status as of 1 June 2017

(1) Area of Application

These General Terms and Conditions (GTC) apply to all current and future business relations of the Technical University of Munich, Alumni & Career (hereinafter: TUM/A&C), at the same time invalidating any terms and conditions of business in force prior to 01 June 2017. TUM/A&C reserves the right to change the GTC at any time. Customers will be notified of any changes. The current version can be downloaded and printed from the URL at: https://db.alumni.tum.de/jobs/agb anytime. Any changes or additions made become effective upon publication on this website. The GTC version valid at the time of the conclusion of agreement takes precedence.

(2) Conclusion of Contract

(2.1) Customers within the meaning of the business terms are natural or legal persons or partnerships with legal capacity with which TUM/A&C enters into business relations.

(2.2) Customers who wish to use or book a TUM/A&C service need to register first. The corresponding registration form must be filled in fully and truthfully online (www.tum.de/jobboerse). Registration is free of charge. The customer assures that all information he/she provided is correct and complete. Customers are responsible for updating any changes without any delay, either by themselves or, where this is not possible, by informing TUM/A&C immediately.

(2.3) All TUM/A&C offers are non-binding and subject to availability. If an offer becomes unavailable, customers will be informed as soon as possible, at the latest within eight weeks .

(2.4) By booking via the online booking tool, the customer declares that he/she wishes to submit a binding offer. A contract becomes effective when TUM/A&C either executes the order or confirms the order within 4 weeks by email or by post.

(2.5) TUM/A&C retains the right to decline any orders by email or post on the basis of content, origin or technical form in accordance with the uniform, objectively justified principles of the Technical University of Munich if the content is improper or violates the law or official stipulations, and if publication of the content is unacceptable for the university for other reasons.

(3) Costs and Invoice

(3.1) All prices are subject to VAT at the prevailing rate.

(3.2) The invoice is immediately issued after contract conclusion either by email or by post.

(3.3) Payment must be made fully without any deductions within 14 days upon receipt of the invoice. For payments from abroad, the term of payment is 30 days after receiving the invoice.

(3.4) Payments can be made only by bank transfer to a bank account specified by TUM/A&C.

(3.5) TUM/A&C provides the service upon receiving the customer's payment.

(4) Termination of Contract

The contract ends with expiration of the agreed period for the particular service.

(5) Responsibility of Contents and Liability

Regarding all services a customer used or booked, the customer bears sole responsibility for the content - in particular for the accuracy and legal admissibility of the texts, graphics and images supplied, as well as for the content of the website or websites to which links may have been provided. The customer grants TUM/A&C the right to use his/her logo in the course of the offer. In particular, the customer agrees to comply with the mandatory requirements of the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG) in its currently valid version.

(5.2.) TUM/A&C assumes no liability for any content provided by the customer, including texts or image documents. TUM/A&C is not obliged to examine the contents for possible infringement of the rights of a third party. The customer assures that any content provided, including text and image documents, are free from the rights of third parties.

(5.3.) The customer relieves TUM/A&C of all claims, including damage claims that a third party may make against TUM/A&C, owing to a violation of their rights by contents provided by the customer, including text and image documents. Customers will bear all reasonable costs incurred by TUM/A&C due to an infringement of third party rights, including reasonable costs incurred for legal defense. The above obligations for customers do not apply if a customer cannot be held accountable for the rights infringement in question.

(5.4) TUM/A&C reserves the right to remove service elements already published if the contents to be published violate legal requirements, the rights of third parties, public law regulations or the GTCs, also if the contents offend against common decency or the publication is unacceptable for us for other reasons. In such cases, TUM/A&C is entitled to remove such contents from the offer without prior notice to the customer. The customer has no right to claim for reimbursement in this case.

(5.5) The customer is responsible for a complete delivery of faultless and suitable material necessary for the execution of the booked service in accordance with TUM/A&C regulations. These regulations will be made available as soon as the offer has been booked.

(5.6) TUM/A&C is not responsible for any delays caused by the customer.

(5.7) Once a booking is made, it is binding and cannot be terminated prematurely. If the customer wishes to delete the offer prematurely, he/she is obliged to pay the full amount. The right to extraordinary termination remains unaffected.

(5.8) TUM/A&C is at all times entitled to terminate the contract without notice if the customer fails to fulfill his/her obligations arising out of both the contract and offer descriptions after having received an extension period.

(5.9) The customer is prohibited from conducting or assisting anti-competitive acts, including progressive customer canvassing, such as chain, snowball or pyramid schemes. Furthermore, TUM/A&C reserves the right to delete advertisements for which applicants are required to make advance payments or financial investments, as well as advertisements where the individual’s income is dependent on his/her own sales volume or that of the sales representatives he/she recruited (multi-level marketing), without entitlement to a refund.

(6) Availability of TUM/A&C Websites

(6.1) For online and infoscreen offers, TUM/A&C strives to provide direct access to the booked service with a minimum of disruption. However, despite all efforts, brief periods of downtime can not be excluded.

(6.2) Lack of availability, as well as changes to the website and TUM infoscreens do not entitle a customer to price reduction or contract withdrawal, provided the customer's interests are not unreasonably affected thereby.

(6.3) TUM/A&C reserves the right to change or deactivate its offer any time, insofar as this is reasonable in consideration of the customer's interests. If TUM/A&C discontinues a service according to the above sentence, customers who have already paid for but not yet purchased this service will be refunded.

(7) Data Privacy Protection

(7.1) Data which the customer submitted to TUM/A&C will be collected, processed and used in compliance with the applicable data protection law (please see the data protection declaration agreed with the customer at the time of registration under https://db.alumni.tum.de/jobs/datenschutz).

(7.2) If the customer receives a password from TUM/A&C upon registration, he/she commits to protecting the password from unauthorized access by third parties and to informing TUM/A&C immediately in writing if the password has been lost in order to block the password.

(7.3) Information about access (date, time, page viewed) is stored on the server whenever customers visit the TUM/A&C web pages. This data is made anonymous, and is therefore not part of the customer’s personal data. It is analyzed exclusively for statistical purposes, advertising measures and for feedback on the response to individual services. This data will not be passed on to third parties either for commercial or non-commercial purposes.

(7.4) It is also possible to save information on the website users' computer. Such data, known as "cookies", serves to simplify the user's access to the site. Users however have the possibility of deactivating this function within the respective web browser. In this case, there may be restrictions in the operability of the TUM/A&C website.

(7.5) TUM/A&C explicitly states that transmission of data via the Internet (e.g. communication by e-mail) may be subject to security breaches and cannot be completely protected from being accessed by third parties.

(8) Liability

(8.1) TUM/A&C ensures compliance of customary care on the basis of the current state of science and technology known to TUM/A&C.

(8.2) TUM/A&C, its legal representatives and vicarious agents bear liability for violating substantial contractual duties, i.e. contractual commitments that enable proper implementation of the contract in the first place and on which the customers may regularly rely on to be complied with, as well as for intent and any negligence; in cases of minor negligence, however, limited to the foreseeable damage typical of the type of contract.

(8.3) In addition, TUM/A&C, its legal representatives and vicarious agents shall only be liable for damages caused by intent or gross negligence. In the case of gross negligence, liability is limited to the order amount.

(8.4) In the case of gross negligence, in accordance with section (8.3), liability of TUM/A&C is excluded for indirect damages and consequential damages.

(8.5) The limitations and exclusions of liability in the foregoing subsections (8.2 – 8.4) do not apply to claims under the terms of the Product Liability Act, nor for claims based on fraudulent action of a contracting party, claims for liability for guaranteed characteristic attributes, or for damages resulting from injury to life, limb or health.

(9) Legal Force

(9.1) Should parts or individual formulations of this text not, no longer or not fully comply with the current law, all other sections of the documents remain unaffected as regards their content and their validity.

(9.2) Subsidiary agreements or agreements deviating from the GTC must be made in writing. This requirement of form can only be dispensed with in writing.

(9.3) The law of the Federal Republic of Germany shall apply exclusively to any legal relations between the contract parties to the exclusion of any conflict-of-laws provisions.

(9.4) Munich shall be the place of performance and place of jurisdiction.

(10) Copyright / Rights of Use

The copyright for any published content remains with the respective customer. The customer grants TUM/A&C the right to make the contents permanently available and accessible in the TUM Jobportal. TUM/A&C has the right to move or delete posts on the website.

(11) Other

The German version of the General Terms and Conditions alone is legally binding.