Terms of use

- for applicants -

1. Provider, Subject, Scope

 These General Terms and Conditions (hereinafter referred to as "GTC") apply to the mediation of employment or other employment contracts between applicants (hereinafter also referred to as "you" or "you") and job providers via our website (hereinafter referred to as "platform") by Simpmatch GmbH, Nymphenburger Straße 108A, 80636 Munich, Germany (hereinafter referred to as "we" or "us").Our mediation is free of charge for applicants, unless otherwise agreed.

Our offers and services are subject exclusively to these General Terms and Conditions. Any terms and conditions of the user that deviate from and/or go beyond these terms and conditions shall not become part of the contract.

2. Conclusion of contract, storage of contract terms and contract language for online orders

If the contract for the use of our platform is not concluded by way of individual communication, i.e. in person, by e-mail, fax, mail, telephone or similar, but online on our website, the contract is concluded as follows:

Only the order of the service by you is a binding offer to conclude a corresponding contract. To place the order, you go through the ordering process on the website and enter the information requested there. Before sending the order, you have the opportunity to check all order data again and correct them if necessary. Only when you send the order do you make a binding offer to us to conclude a contract.

We may accept your offer within five days by sending you an order confirmation by mail, fax or e-mail, or by requesting payment; the date of receipt of our order confirmation or request for payment by you shall be decisive for compliance with the deadline.

We store the contractual provisions, i.e. the order data registration data and these GTC. You can print or save the contract provisions on your part by using the usual functionality of your browser in each case (there usually "Print" or "File" > "Save as"). The order data/registration data are contained in the overview that is displayed in the last step of the order/registration.

Contract language is German.

3. Procedure of mediation via the platform

The essential subject matter of the contract is our provision of the platform for the mediation of employment or other employment contracts between applicants and job providers as follows:

Provision of the option for the applicant to set up an applicant profile on the platform. The applicant profile serves to present the applicant to the job providers on the platform and can be viewed by the job providers on the platform.

In the applicant profile, the applicant can enter information relevant to the placement, such as professional qualifications, place of residence or even a presentation video of himself. The applicant's name and/or contact details are not included in the applicant profile.

If the applicant posts a presentation video, we can have a personality profile analysis done based on the video for interested job providers.

The applicant is shown a limited number of job offers on the platform that match his or her applicant profile. If the applicant rejects a job offer, a new suitable job offer - if available - is posted in his applicant account.

If both the applicant and the job provider signal interest in each other on the platform, the applicant can agree to the release of his/her contact data to the relevant job provider on the platform.

Then the applicant can make an appointment for a video interview with the job provider on the platform and attend this appointment on the platform.

We obtain feedback from the job provider after the appointment and inform the applicant whether the job provider is still interested or not.

The conclusion of an employment contract in the event of success is no longer the object of our mediation activity. However, the job offerer and the applicant are free to communicate about the conclusion of the contract via the platform; the communication via the platform is freely configurable.

4. User account

When registering the user account, correct and complete information must be provided. Third party data may not be used without their consent.

You are obliged to keep your access data, such as your password, confidential, not to make it accessible to third parties, and to inform us immediately in the event of loss or unauthorized use of your access data.

5. Requirements for applicant profiles

Applicants manage their applicant profiles (including curriculum vitae) via an area set up for this purpose on the website. The applicant must provide accurate information and keep his or her applicant profile up to date at all times.

The applicant must ensure that the posting of his/her applicant profile does not violate any relevant legal provisions. Among others:

• the applicant profile must not violate any legal provisions, in particular provisions of criminal law,
• the applicant profile must not infringe the industrial property rights of third parties or the intellectual property rights of third parties, such as rights to a name, trademark rights (brands, registered designs) or copyrights. The applicant assures us that he/she can freely dispose of the rights to the contents of his/her applicant profile that are necessary for the placement of his/her applicant profile and that the rights of third parties do not conflict with this.

6. Blocking of applicant profiles

We are entitled to block and/or delete applicant profiles at any time.

7. Exclusions and limitations of liability

For a liability of us for damages applies:

• In the event of intent and gross negligence, including that of our vicarious agents, we shall be liable in accordance with the statutory provisions. The same shall apply in the case of negligently caused damage resulting from injury to life, limb or health.
• In the event of negligently caused damage to property and financial loss, we shall only be liable in the event of a breach of an essential contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.

In all other respects, any liability on our part, irrespective of its legal basis, is excluded.

The exclusions and limitations of liability of the above paragraphs 6.1.1. to 6.1.4. shall apply mutatis mutandis also in favor of our vicarious agents.

Liability due to the assumption of a guarantee or according to the Product Liability Act shall remain unaffected by the exclusions and limitations of liability of the above paragraphs 5.1.1. to 5.1.4.

8. Choice of law, place of jurisdiction

The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods is excluded. In relation to a consumer, this choice of law shall only apply insofar as no mandatory statutory provisions of the state in which he has his residence or habitual abode are restricted thereby.

The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law shall be the registered office of our company. However, we shall be entitled, at our discretion, to bring an action at the customer's place of business.

9. platform bonus  

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(i) The Platform Bonus is a voluntary special benefit, which does not constitute a legal claim for the future and will be paid to you by us after successful placement via the Platform. A successful placement includes the positive feedback of the employer ("Hired") via the platform, the mutual signature of the employment contract, as well as the actual commencement of work by you with the new employer.

(ii) The amount of the special benefit, the requirements for entitlement and the actual receipt of the benefit are visible to the registered user in the platform app. The amount of the special benefit is variable and subject to ongoing adjustment. The amount of the voluntary special benefit is based on the cut-off date on which the eligibility requirements are met. 

(iii) The platform bonus will be paid out in the form of an (Amazon) voucher to the user account notified by you. The payment will be made within 90 days after the application for the bonus. A transfer of the bonus to third parties is excluded. You also undertake to duly pay tax on the voluntary special benefit in accordance with the tax law applicable in Germany.

(iv) Promotion period is from 09.03.2022 to 31.12.2022. The voluntary special benefit can only be claimed once per person within the promotion period. You must claim the bonus no later than 4 weeks after all eligibility requirements have been substantiated, otherwise the claim will be forfeited. The application is made using a form that will be sent to you by e-mail upon successful placement.

(v) We reserve the right to request evidence from you to verify the justification of the claim. If such evidence is not provided to us, we reserve the right to refuse to provide the service.

(vi) We reserve the right to terminate the Promotion at any time and for any reason.

10. refer a friend bonus

(i) Refer a Friend is a voluntary special benefit paid by us. In order to receive the Special Benefit, (1) the Friend must have been invited through the Refer a Friend form, (2) successfully registered with the name and phone number provided, and (3) been placed in a job through the Platform. A successful placement includes the positive feedback of the employer ("Hired") via the platform, the mutual signature of the employment contract, as well as the actual start of work of the recruited "Friend" at the new employer.

(ii) The special benefit may be paid once per annual quarter to the "Referring Friend". There is no limit on the number of "friends" recruited. The amount of the special benefit, the requirements for entitlement and the actual receipt of the benefit are visible to the registered user in the platform app. The amount of the special benefit is variable and subject to ongoing adjustment. The amount of the voluntary special benefit is based on the cut-off date on which the eligibility requirements are met. Recruited "friends" who have already created an account on the platform before the invitation are excluded.

(iii) The Refer a Friend Bonus will be paid out in the form of an (Amazon) gift certificate to the user account you have provided. The payment will be made within 90 days after the application for the bonus. A transfer of the special benefit to third parties is excluded. The special benefit is voluntary and does not constitute a legal claim for the future. The "Referrer" also undertakes to pay proper tax on the voluntary special benefit in accordance with the tax law applicable in Germany.

(iv) We reserve the right to request evidence from the "Referrer" in order to determine the entitlement to the Refer-a-Friend Bonus. If this evidence is not provided to us, we reserve the right to refuse payment to the "Referrer".

(v) We reserve the right to terminate the Promotion at any time and for any reason.

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Status: June 2022 (V3.1)

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