Terms & Condotions
Last updated: July 31st, 2019
"Zugvogl" means the service as described below (including all applications) and/or the provider of this service. Responsibilities lies on Zugvogl GmbH, Strelitzer Str. 2, 10115 Berlin.
1. General Terms and Conditions for the use of the Zugvogl service
The Zugvogl service is rendered via its website (www.zugvogl.com), via mobile applications ("apps"), background applications and web services. All websites, sub-domains, aliases, mobile applications, background applications, web services and third-party-site integrations provided by Zugvogl and where Zugvogl is available are hereinafter referred to as "Zugvogl Websites".

The Zugvogl service applications include, in particular, contact and communication forums for which the user can obtain access to Zugvogl service.

These General Terms and Conditions for the use of the Zugvogl service govern the agreed relation-ship between the user and Zugvogl, irrespective of which Zugvogl Websites the user visits to take use of the Zugvogl services.

Additional terms may also apply to the use of individual applications in addition to these General Terms and Conditions for using the Zugvogl service. In the event of an objection, the additional terms and conditions for the use of the respective application shall take precedence over these General Terms and Conditions for the use of the Zugvogl service, provided such precedence is not excluded in the additional terms for the use of the respective application.

The General Terms and Conditions for the use of the Zugvogl service and any additional terms for the use of individual applications are hereinafter referred to as "GTC".
2. Subject and basis for using Zugvogl
General
Zugvogl is an online platform that provides its users with a professional network connecting students and companies by offering a variety of different tools, services and applications.

2.1 Zugvogl would particularly like to provide the user with new opportunities within a professional con-text, make it easier for the user to form networks and foster the exchange of information. In order to meet these aims, Zugvogl collects information in order to provide the user with certain offers, recommendations and services, and to promote interaction within the user's network. This takes place in line with the user's privacy settings and declarations of consent.

2.2 The professional network is the core application of the Zugvogl service. The profile page created by the user on the professional network (hereinafter referred to as "user profile") represents the identity of the user within the Zugvogl service, on Zugvogl Websites, and in the service's applications. In order to use Zugvogl, the user requires a user profile that is visible on the professional network. There are individual applications of the Zugvogl service where the user does not appear and is not displayed with their user profile. Registration with the Zugvogl service is always required.
3. Conditions of use, conclusion of user agreement and warranties upon conclusion of user agreement
3.1 The option to use applications offered on the Zugvogl Websites does not constitute an offer, but merely an invitation to issue an offer. By completing the registration process, the user consents to enter into the agreement to use the corresponding Zugvogl application. Zugvogl in turn accepts the user's consent by rendering the corresponding services. The agreement takes effect upon the aforementioned acceptance by Zugvogl. Zugvogl is not obliged to enter into the agreement.

3.2 The user warrants and represents that all of the data they provide is accurate and complete. The user is obliged to ensure that the data for all of the applications they use is accurate and complete for the entire duration of the agreement.3.3 The user warrants that they are of legal age. In the event that the user acts on behalf of a legal per-son for certain applications, the user warrants that they are authorised to act in the name of the legal person. Upon request, the user shall submit proof thereof.

3.4 It is technically impossible for Zugvogl to determine with certainty whether any user registered on the Zugvogl Websites is in fact the person he or she claims to be. Therefore, Zugvogl assumes no liability for the actual identity of a user.
Professional Network

3.5 In order to access Zugvogl services, the user must register on the platform and select a password.

3.6 The user is obliged to keep this password secret. Zugvogl shall not disclose the password to any third party, shall only use it during the login process, and shall not ask for the user's password at any time other than during the login process. For security reasons and to prevent misuse, the user is recommended to change its password at regular intervals. The user is solely responsible for safe-guarding

3.7 Each user may only create one user profile. The user is not permitted to allow third parties to use its user profile.
4. Termination of user agreement, right of withdrawal for users
Termination of user agreement
4.1 Unless specifically precluded by separate terms and conditions regarding the term and termination of individual applications or Zugvogl services, the agreed user agreement may be terminated by either party at any time. In order to protect the user from unauthorised deletion of their user profile by third parties, Zugvogl may perform an identity check upon termination, e.g. by requesting the username and an e-mail address registered on the Zugvogl Website.

User Withdrawal
4.2 The user has the right to withdraw from the agreement at any time without giving any reason and all user data must be deleted within 14 days.4.3 To exercise the right of withdrawal, the user must inform Zugvogl by sending an email to contact@zugvogl.com of the decision to withdraw from the user agreement by an unequivocal statement (e.g. a letter sent by post, fax, e-mail or via the contact form available on each of our webpages).
5. General obligations of the user and special provisions for using the professional network
5.1 The user is obliged
5.1.1 to provide only true and non-misleading statements along with its real name, and to refrain from using pseudonyms or pen names
5.1.2 the user shall not use photos or images of any person other than the user
5.1.3 to comply with all applicable legislation and respect all third-party rights when using Zugvogl and the content served on Zugvogl Websites. In particular, the user shall not use any insulting or de-famatory contents, regardless of whether said contents are directed at another user or Zugvogl personnel or other companies, use any pornographic, abusive, immoral or violence-glorifying materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic, abusive, immoral or violence-glorifying product or prod-ucts which do not comply with any applicable legislation for the protection of minors, unreasonably annoy, particularly with spam, any other user (cf. Section 7 of the German Unfair Competition Act - UWG), use without authorisation any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law, or use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices
5.1.4 to refrain from engaging in any of the following annoying activities, even if they do not constitute a breach of any applicable laws:
  • Sending chain letters
  • Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) and
  • Communicating in any insinuating or sexual way (suggestive or explicit).

5.2 The user is prohibited from the following:
5.2.1 Employing any mechanisms, software or scripts when using Zugvogl Websites. The user is also prohibited from directly or indirectly advertising or distributing such mechanisms, software or scripts. The user may, however, use, advertise or distribute interfaces or software that have been authorised by Zugvogl
  • Blocking, overwriting, modifying and copying any contents of the Zugvogl websites, unless said actions are necessary for the proper use of Zugvogl
  • Distributing or publicly disclosing the contents of any of the Zugvogl Websites or any other user, unless such a distribution or public disclosure is intended within the scope of the re-spective Zugvogl application, or unless the other user consented to said distribution or public disclosure, and/or
  • Performing any actions which may impair the operability of Zugvogl's infrastructure, par-ticularly actions which may overload said infrastructure

5.3 Zugvogl is not obliged to serve data provided by the user and/or information to other users if said data and/or information is not in line with Sections 5.1 and 5.2. Zugvogl is entitled to remove from the Zugvogl Websites any data and/or information that is prohibited according to Sections 5.1 and 5.2, without notifying the user in advance.
6. Changes to services and GTC
Changes to services
6.1 Zugvogl reserves the right to modify the services offered on the Zugvogl Websites or to offer services different from those offered at the time of the user's registration at any time unless this is unreasonable for the user.
6.2 Zugvogl furthermore reserves the right to modify the services offered on the Zugvogl Websites or to offer services different from those offered at the time of the user's registration at any time.
6.2.1 to the extent Zugvogl is therefore deemed to have complied with a legal judgement or decision by the authorities,
6.2.2 to the extent Zugvogl is therefore deemed to have complied with a legal judgement or decision by the authorities,
6.2.3 if the modification is only beneficial to the user, or
6.2.4 if the modification is of a purely technical or process-related nature without any material impact on the user.
6.2.5 Modifications that only have a minor impact on Zugvogl's functionality do not represent changes to the services described in this section. This shall apply in particular to changes of a purely graphical nature and to a change of layout and/or placement of features.
Changes to GTC

6.3 Zugvogl reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the user. Zugvogl shall give due notice to the user regarding amendments to these GTC. If the user does not object to the validity of the revised GTC within six (6) weeks of receipt of said notice, the amended GTC shall be deemed accepted by the user. In its notice, Zugvogl shall inform the user about the user's right to object and the importance of the objection deadline.

6.4 Zugvogl also reserves the right to modify the GTC
6.4.1 if the modification is only beneficial to the user,
6.4.2 if the modification is of a purely technical or process-related nature without any material impact for the user,
6.4.3 to the extent Zugvogl is obliged to ensure the GTC comply with legislation incumbent thereon, particularly in the event of a change to said legislation,
6.4.4 to the extent Zugvogl is therefore deemed to have complied with a legal judgement or decision by the authorities, or
6.4.5 to the extent Zugvogl introduces supplementary, completely new services or service components requiring a service description in the GTC, unless this has a detrimental impact on the use relation-ship to date.
6.4.6 Zugvogl shall notify users of such changes to its GTC, e.g. via the Zugvogl Websites.

6.5 Products that are booked separately and not offered within the scope of a continuing obligation (e.g. posting events) are subject to a separate agreement for which additional terms and conditions will be explicitly displayed prior to booking. The corresponding agreed terms and services can be modified for future bookings irrespective of the service modification requirements stipulated here.

6.6 The user's right to cancellation pursuant to Section 7 remains unaffected in the event of modifications to services or GTC governed by this provision.
7. Responsibility for the user's content, data and/or other information, availability
7.1 Zugvogl does not accept any responsibility for any content, data and/or information provided or made available by users of the Zugvogl Websites on any external websites linked to them. In particular, Zugvogl does not warrant that said data and/or information is true or accurate, nor that it fulfills or serves any particular purpose.

7.2 The user may report any activities of any other user which violate applicable laws and/or any of these agreed terms (including the use of pseudonyms or false identities).

7.3 Zugvogl is not obliged to prohibit third parties from saving data or content that is or was publicly available pursuant to the GTC, Zugvogl Privacy Policy or user settings.

7.4 Zugvogl merely provides the user with a platform and is not involved in the content of communication between users. This does not apply if Zugvogl moderates a group. If users enter into agreements with one another via Zugvogl Websites, Zugvogl shall not be a contracting party to said agreements. Users are solely responsible for the execution and/or fulfillment of agreements they enter into with one another. Zugvogl shall not be liable for breaches of duty in relation to agreements entered into between users.

7.5 The user acknowledges and agrees that it is technically impossible to achieve 100% availability of the Zugvogl Websites. Zugvogl shall nonetheless endeavour to keep Zugvogl Websites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond ZUGVOGL's control (e.g. disruptions to public communications networks, power failures, etc.), may result in malfunctions of or temporary interruptions to the service provided on Zugvogl Websites.
8. Data protection
8.1 Zugvogl processes personal data in accordance with the provision of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

8.2 Personal data is collected and processed to fulfil the contractual obligations towards the user (i.e. Job Seeker, Ambassador), with the consent of the user or on the basis of legitimate interest of Zugvogl. Zugvogl provides the user with a range of customised features, i.e. Zugvogl serves the user certain information, offers, recommendations and services, and promotes interaction within the user's network based on collected data. In order to render these services, Zugvogl needs to process and use the user's personal data.

8.3 Zugvogl provides users with the option of sending their personal data, in whole or in part, to other users, or to prevent other users from viewing their data. Such data is sent at the user's own risk.

8.4 A Job Seeker may agree that his personal data may be shared with the selected company and its ambassadors. Personal data of the company and ambassadors will then be shared with the job seeker.

8.5 For further information on the processing of personal data please see our Privacy Policy.
9. Liability for damages
9.1 Irrespective of the legal grounds of any claims, the liability of v shall limited within the frame-work of applicable statutory law as set out below.

9.2 Zugvogl shall be liable without limitation for any damage to life, body or health as well as for any damage caused by intent or gross negligence on the part of Zugvogl or any of its legal representatives or agents, as well as for any damage resulting from the noncompliance with a guarantee or guaranteed characteristics given by Zugvogl, or on account of maliciously concealed defects.

9.3 For damages incurred as a result of a slightly negligent breach of material contractual obligations by Zugvogl or any of its legal representatives or agents, Zugvogl shall be liable only limited to the damage which is foreseeable and typical for the contract. Material contractual obligations are obliga-tions whose fulfilment is essential for the achievement of the purpose of the agreement and on whose fulfilment can be normally relied on by the user.

9.4 The liability of Zugvogl for other cases of slightly negligent conduct is limited to an amount of EUR 3.000 per individual damage.

9.5 The non-fault liability of Zugvogl for defects existing at the time of conclusion of the contract accord-ing to Sec. 536a, para. 1 sentence 1 German Civil Code is hereby excluded.

9.6 Any given liability under the German Product Liability Act shall remain unaffected.
10. Claims in the event of defects
10.1 Zugvogl shall repair any defects of the database system within a reasonable period of time. In that respect, the responsibility of Zugvogl extends only to the network access point between Zugvogl systems and the Internet, but not to the user's systems and data transmission lines beyond that point.

10.2 Zugvogl will use the standard of care as customary in the publishing industry in selecting and up-dating the content. The completeness, accuracy and correctness of the content cannot, however, be warranted.

10.3 User shall notify Zugvogl of any defects, malfunctions or damage without undue delay.
11. Management of Personal Data by Processing on Behalf
11.1 User (i.e. Job Seeker, Recruiter and Ambassador) is advised that Zugvogl will collect, process and utilize personal stock and user data in accordance with Zugvogl's data privacy statement details of which are set out in Privacy Policy.

11.2 User is thus being referred to as "controller" and Zugvogl is being referred to as "processor" as defined in Article 28 of the EU General Data Protection Regulation (EU GDPR).

11.3 User is authorized to process personal data only to the extent as required to ensure compliance with contractual obligations. Processing of personal data for other purposes shall not be permitted.

11.4 User will ensure that all individuals entrusted with processing personal data will be subject to a com-mitment to safeguard secrecy of data and compliance with data protection laws. User undertakes to keep confidential all data obtained from the Zugvogl's domain in conjunction with the execution of contractual obligations.

11.5 Zugvogl undertakes to implement all acts referred to in Article 32 of the EU-GDPR to ensure full security of data management and to achieve a level of data protection which shall be in due proportion to the risk associated therewith; user shall receive evidence on such action. Upon demand of the User, Zugvogl shall support User in relation to exercising the "rights of the data subject" as set out in Articles 12-23 and 32-36 of the EU-GDPR.

11.6 Upon completion of the contractual obligations the Zugvogl shall, unless dictated otherwise by law, be required to delete or transfer to the user personal data in accordance with instructions that the user shall provide for such purpose.

11.7 User provides general authorization of Zugvogl in writing to retain processing agents as sub-contractors who shall be referred to the Zugvogl's data privacy statement. Zugvogl operates its website online offer with support of Amazon Web Services (AWS).

11.8 On demand Zugvogl will provide the user with all information for demonstrating compliance with Art. 28 EU-GDPR.
12. Applicable law, place of jurisdiction, miscellaneous
12.1 Zugvogl is permitted to commission sub-contractors but remains responsible for fulfilling its duties.

12.2 Zugvogl is permitted to transfer rights and duties to third parties, in whole or in part.

12.3 Unless otherwise governed by these GTC, Zugvogl may send notices to the user by e-mail, fax or letter.

12.4 The place of performance under these GTC shall be Zugvogl's main place of business.

12.5 Place of jurisdiction for merchants within the scope of the German Commercial Code (HGB) shall be the main place of business of Zugvogl.

12.6 These GTC and the agreed relationship shall be governed by German law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German law.

12.7 These GTC are available in English.
13. Obligations of the user and special provisions for users (ambassadors only)
13.1 The user is obliged to
13.1.1 Accurately describe their employer and employment locations
13.1.2 Only submit a review if they currently work or have worked for the employer to be reviewed
13.1.3 Refrain from submitting any untrue and/or unfounded reviews and/or statements about the employer, their employees or other relations pertaining to the employer
13.1.4 Refrain from naming any natural persons
13.1.5 Refrain from adding any links to external content

13.2 The user agrees that their employer review may be edited or shortened by Zugvogl.