1 Scope of application

1.1 These Terms of Use govern the legal relationship between alifunba.com as the operator of the online platform alifunba.com and the registered users (hereinafter: ‘Users’) of this B2B and B2C online platform. These Terms of Use govern the use of the online platform alifunba.com, including the use of the alifunba.com blog, exclusively and irrespective of the end device or operating system used, including the use of the services via the corresponding apps.

1.2 Deviating terms and conditions of the user shall only apply if and insofar as they are recognised in writing by alifunba.com.

 

2. Subject of the contract

2.1. With alifunba.com, alifunba.com provides an information, service and communication platform that gives the user the opportunity to recruit personnel and jobs as well as to present themselves.

2.2. The services of alifunba.com are free of charge for registered companies and users. alifunba.com reserves the right to charge for services. This can be a monthly subscription or individual services that have been agreed upon with the users in advance.

2.3. All services are currently free for both companies and registered users. alifunba.com reserves the right to expand, change, reduce or partially discontinue its range of services in order to continuously develop alifunba.com, provided that this does not unreasonably harm the interests of the respective user concerned. This does not give rise to any claims by the user for a reduction, reimbursement or compensation. However, the user is entitled to cancel his membership in accordance with Section 9.3. for an important reason, i.e. without complying with the provisions in Section 9.2. stipulated period of termination if the range of services selected and ordered by the customer is significantly reduced or discontinued during an agreed minimum term or until the end of the period for ordinary termination.

2.4. alifunba.com guarantees the user the best possible availability of content and services within the scope of technical possibilities. alifunba.com is entitled to briefly interrupt access to alifunba.com for necessary maintenance, security or update work. Alifunba.com cannot be held responsible for disruptions in availability that are beyond the control of alifunba.com.

2.5. Unless otherwise expressly described, Affiliate Offers are only available to groups of users designated by alifunba.com, as determined by alifunba.com in its sole discretion. Alifunba.com is neither involved as a contractual partner nor as a representative in the contracts concluded directly between the users and the partner companies. The general terms and conditions and data protection declarations of the respective partner companies apply to these partner offers.

2.6. alifunba.com can inform every user about its own new offers and offers from partner companies. In order to bring providers and buyers together so that open jobs can be filled as quickly and efficiently as possible and implemented successfully from the perspective of the respective contracting parties, alifunba.com can actively send information to registered users. The communication channels available and used on the market (such as email, internal messages, SMS, messenger services, social feeds, and others) can be used for this purpose.

 

3. Registration and user account

3.1. The use of the services available on alifunba.com requires registration and login as a user. There is no entitlement to participate as a user. alifunba.com is entitled to reject user applications without giving reasons.

3.2. The user is only permitted to register and log in if they are of legal age and have unlimited legal capacity. Minors are prohibited from registering and logging in. In the case of a legal entity, registration and registration must be carried out by a natural person with unlimited legal capacity and authorized representation.

3.3. By submitting the registration form, the user makes an offer to conclude a user agreement with alifunba.com. If alifunba.com accepts the registration, the user will receive a confirmation email with a personalized activation link. By clicking this activation link, a contract for the use of the services of alifunba.com (hereinafter “usage contract”) is concluded between alifunba.com and the user. To complete the registration, the user must access the link provided in the confirmation email. 

3.4. Upon successful registration, a user account is created for the user, which they can access using their email address and password. The password can be changed by the user at any time via the password-protected user area. It must be kept secret by the user and protected from access by unauthorized third parties. If the user discovers or suspects that his access data is being used by a third party without authorization, he must inform alifunba.com immediately and change his password immediately.

3.5. Each user may only register once for each non-commercial, commercial or freelance use of alifunba.com's services. User accounts are not transferable. In the event of violations, alifunba.com may block or delete individual or all user accounts; In such a case, alifunba.com also reserves the right to extraordinary termination of individual or all accounts of the affected user. There will be no refund of membership fees already paid; Corresponding membership fees will be withheld as flat-rate compensation, whereby the member is permitted to prove that no damage was incurred or that it was not incurred in the corresponding amount. If this proof is successful, alifunba.com will reimburse the corresponding membership fees proportionately to the extent that these exceed the damage incurred. If damage actually incurred by alifunba.com exceeds the amount of the membership fees retained or to be retained, further claims for damages are expressly reserved. The withheld contributions will be offset against further claims for damages.

 

4. Obligations of users

4.1. The user is obliged to

4.1.1. on alifunba.com and in communication with other users, only provide true and non-misleading information and not to use pseudonyms, in particular advertised offers (profiles, jobs, services) must actually exist, in case of doubt and at the request of alifunba.com the user must provide proof that the advertised projects/jobs/services actually exist; Publishing fake or no longer existing offers (profiles, jobs, services) is prohibited and may result in a temporary or complete blocking of the account, extraordinary termination by alifunba.com and/or the assertion of claims for damages and/or to other users communicated or made visible to them. alifunba.com reserves the right to use a bonus/malus system that gives maintained and constantly updated profiles and projects/jobs/services an advantage in terms of visibility and perceptibility compared to other profiles and projects/jobs/services;

4.1.2. to only provide information in data fields for which the respective data field is intended according to its description, and not to provide information, in particular contact details, in places other than those intended;

4.1.3. to keep his information on alifunba.com current and complete. The job provider is obliged to immediately take its job publication offline as soon as an offer is no longer current. The Professional is obliged to keep his availability information updated. In the event of violations, alifunba.com can take appropriate measures, which primarily include deleting offers (profiles, jobs, services) that are apparently outdated or no longer exist; In addition, alifunba.com reserves the right to delete outdated user profiles or projects/jobs/services that have not been updated for a period of 2 years in accordance with Section 3.5. to set to offline;

4.1.4. to publish only such content on alifunba.com (particularly when creating your own profile or your own job advertisements) and to only send messages to other users that are within the scope of the intended purpose of alifunba.com to initiate a service, work or work - or other employment relationship directly between the users (or in the case of mediation between a user and a customer of the agent). Unrelated publications and internal messages (e.g. advertising) are not permitted, especially internal messages that are not personalized (e.g. mass or chain emails) or do not have a clear connection to the recipient's profile;

4.1.5. to keep his access data (user name, password) secret and not to pass them on to third parties;

4.1.6. to treat all information and data that he receives from other users when using alifunba.com confidentially and not to pass them on or make them accessible to third parties unless it is clearly evident that the user is acting as an intermediary; In this case, the agent may only pass on the information and data received to his customers or make them accessible to his customers to the extent necessary for the purpose of the mediation. This obligation applies beyond the termination of the contract;

4.1.7. to use his account exclusively himself or through an authorized representative and not to offer or provide the purchased services to third parties without the consent of alifunba.com, in particular not to allow other users to use services from his account; It is further the user's responsibility to ensure that his access to alifunba.com and use of the services available on alifunba.com are carried out exclusively by him or by the person authorized by him. If there is a fear that unauthorized third parties have or will gain knowledge of your access data, alifunba.com must be informed immediately; The user is liable for any use and/or other activity carried out under his access data in accordance with the legal provisions;

4.1.8. The customer account may only be used by the creator. alifunba.com reserves the right to check compliance with this usage restriction using technical means. In the event of violations, alifunba.com may charge a contractual penalty for each unauthorized use, which alifunba.com may unilaterally determine at its reasonable discretion depending on the circumstances of the individual case. Rights of use, particularly for employees employed by the user, can be acquired;

4.1.9.refrain from any action that could damage or impair the functionality of alifunba.com's technical infrastructure and the secure operation of alifunba.com's services, affect the availability of the data stored by alifunba.com or cause annoyance to other users;

4.1.10. not to publish any illegal content on alifunba.com, not to publish logos or images of third parties without their prior consent and not to violate any rights of third parties; In particular, not to publish or refer to content that is offensive, defamatory, pornographic, harmful to minors or otherwise violates the law. This also applies when commenting on posts on the alifunba.com blog.

4.2. The user warrants that he is the owner of all rights necessary for publication of the content he has provided and will refrain from posting content that violates copyright, trademark and competition law.

4.3. It is not permitted to commercially process the data obtained via alifunba.com, to trade with this data, or to target users with advertising if the advertised/offered products or services compete with alifunba.com. A breach of these provisions will result in a contractual penalty to be determined by alifunba.com at its reasonable discretion. This can amount to up to EUR 10,000 per violation. Any further claims by alifunba.com remain unaffected. The contractual penalty will be offset against further claims for damages.

 

5. Deletion of content, blocking of users, liability of the user

5.1. alifunba.com reserves the right to delete content published by users or not to publish certain content if it is unlawful, violates morality or the rights of third parties, is incompatible with the purpose and form of alifunba.com, in particular if they are incorrect, if they contradict these terms of use, or if publication is unreasonable for other reasons. The above right to delete content published by users or not to publish certain content also exists in cases in which the accuracy of published or to be published content is disputed between two or more users, until the dispute has been finally clarified. In addition, alifunba.com reserves the right to correct content published by users to the extent that it contains spelling errors, obvious errors or typographical errors (e.g. “mistyping” or “number transposition”).

5.2. If the user violates obligations that apply to him according to the provisions of this contract, alifunba.com is entitled to temporarily block the user account or to terminate the contract with the user in accordance with Section 9.3. to terminate extraordinarily for an important reason. There will be no refund of membership fees already paid; Corresponding membership fees will be withheld as a flat-rate compensation, whereby the member is permitted to prove that no damage was incurred or that it was not incurred in the corresponding amount. If proof can be provided, alifunba.com will reimburse corresponding membership fees proportionately to the extent that these exceed the damage incurred. Further claims remain unaffected, with the flat-rate compensation being offset against further claims for damages.

5.3. As far as a user through alifunba.com according to paragraph 5.2. has been temporarily or permanently excluded from using services or the existing contract with the user has been terminated, the user is prohibited from using the services offered by alifunba.com with other user accounts, including user accounts that have been created for third parties to register again on alifunba.com. In the event of a temporary or unlimited blocking, alifunba.com will block user access and notify the user of this by email. In the event of a temporary blocking, alifunba.com will reactivate the access authorization after the blocking period has expired and notify the user of this by email.

5.4. In the event of a violation of third-party rights through publications by the user on alifunba.com, the user releases alifunba.com from all third-party claims. The indemnification also includes the necessary legal costs, including all court and legal fees at the rates established by law. In the event of a claim being made by third parties, the user is further obliged to provide alifunba.com, upon request, immediately and truthfully and completely with all information and information that is necessary for the examination of the claims and any necessary defense against the claims.

5.5. alifunba.com reserves the right to temporarily block data until a binding clarification is made if its accuracy is doubtful or if third parties (particularly other users) have comprehensibly asserted their own rights or even a legal violation in this context.

 

6. Prices and payment terms

6.1. For the paid offers from alifunba.com, the prices applicable at the time of the respective service provision and which can be viewed on www.alifunba.com apply.

6.2. The fees for receiving the services of alifunba.com are due for payment as follows:

• The fees and charges for services provided by alifunba.com are payable and due immediately upon receipt of the invoice or in accordance with the payment terms stated on the invoice. Default occurs immediately after the due date.
• The user agrees that invoices and payment reminders can be sent by email. Invoices can generally be accessed in the user's account until it is deleted.

6.3. alifunba.com reserves the right to adjust the applicable prices. Price adjustments and adjustments to the scope of services apply immediately to all newly concluded memberships. For existing customers, the price adjustments do not apply retroactively to contractual membership terms that have already begun, but only when the membership term is extended or re-concluded.

6.4. If alifunba.com offers or grants the user special conditions or reduced fees compared to the current prices, these special conditions or reduced fees refer exclusively to the individual contract term established in connection with the special offer. In the event of a subsequent extension or a new conclusion of the term of the membership, the fees to be paid - subject to an express different individual regulation - are based on the general prices in force at the time of the respective service provision and those which can be viewed on www.alifunba.com.

6.5. Withholding payments or offsetting counterclaims by the user is only permitted if these counterclaims have been bindingly recognized by alifunba.com or have been legally established.

6.6. Payment can be made by bank transfer, direct debit, credit card, Paypal or other payment options. In the event of an unauthorized cancellation, alifunba.com's claims will be assigned to the aforementioned contractual partner who carried out the corresponding payment transaction. Further processing then takes place exclusively between the user and the one of the aforementioned contractual partners who carried out the corresponding payment transaction.

 

7. Liability

7.1. alifunba.com is not liable for the accuracy, completeness or legality of information published by users. The user content published on alifunba.com, the alifunba.com participant pages in social networks (e.g. Facebook, LinkedIn) and on the alifunba.com blog does not reflect the opinion of alifunba.com and is not verified for accuracy or completeness or legality checked.

7.2. alifunba.com is only liable for damages, regardless of the legal basis, if alifunba.com, its legal representatives or vicarious agents caused the damage through gross negligence or intent or the damage is due to the violation of an essential contractual obligation.

7.3. Liability for the breach of an essential contractual obligation without alifunba.com being guilty of gross negligence or intent, as well as liability for gross negligence or intent of employees who are not managing directors or senior employees of alifunba.com of alifunba.com is limited to the typically foreseeable damage, the amount of which generally does not exceed an annual usage fee.

7.4. Liability in the event of injury to life, body or health as well as liability for a guarantee provided remains unaffected by the above provisions.

7.4. alifunba.com hereby expressly distances itself from all content of all pages linked and connected by users that can be reached from the website alifunba.com. This applies to all links and references set within our own website as well as to third-party entries in guest books, discussion forums and mailing lists. The respective provider of the linked page is solely responsible for illegal, incorrect or incomplete content and in particular for damage resulting from the use or non-use of such information and not alifunba.com as the party that merely refers to the respective publication via links.

 

8. Data protection

8.1. alifunba.com collects, processes and uses user data within the framework of applicable data protection laws.

8.2. Please refer to the privacy policy.

 

9. Termination of the Contract

9.1. The contract for free membership can be terminated by the contracting parties at any time without giving reasons.

9.2. The contract for a paid membership initially runs for the minimum period of use booked by the user, but a maximum of one year. If the user or alifunba.com does not terminate the subscription in a timely manner, the paid membership will be extended by extension periods of the same duration. The contract for a paid membership can be canceled with a notice period of 7 days before the end of the minimum contract term.

9.3. The right to extraordinary termination for good cause remains unaffected. An important reason exists in particular if the user violates legal regulations, violates essential obligations under this contract or significantly endangers the good reputation of alifunba.com.

9.4. After termination of the contract, alifunba.com is entitled to delete all content published by the user on alifunba.com.

 

10. Final provisions

10.1. Changes or additions to this contract must be made in writing. This also applies to the written form clause. No verbal additional agreements have been made.

10.3. alifunba.com reserves the right to change these general conditions of use. alifunba.com will inform the user about the new terms of use in good time before the changes are scheduled to come into force. In this case, the user has the right to terminate the contractual relationship within 4 weeks of receiving this information. After this period has expired, the change is deemed to have been approved by the user. When notifying the user of the new terms of use, alifunba.com will inform the user from when the new terms of use will come into force.

10.5. If a contractual provision is wholly or partially ineffective, this does not affect the effectiveness of the remaining clauses and the remaining parts of such clauses. The contracting parties are obliged to immediately replace invalid parts of a clause by means of a supplementary agreement with an agreement that comes closest to the economic result of the invalid provision. In case of doubt, the ineffective provision is deemed to be replaced by such an agreement.