Terms & Conditions

General Terms and Conditions Instaffo – INTERNETPLATTFORM

1. Subject matter and scope

1.1. Any access and use of the Services and Information offered on the Website provided by Instaffo GmbH, Römerstraße 135, 69126 Heidelberg (hereinafter: “we”) is subject to these General Terms and Conditions exclusively.

1.2. By accessing or using the Website or the Services and Information offered hereunder or by expressly confirming their application, the User declares their acceptance of the following usage terms and conditions. Otherwise, they are not authorised to access or use the Website. In this case, they are obligated to refrain from any further use of the Website.

1.3. Changes to the General Terms and Conditions for registered Users: changes to these General Terms and Conditions will be communicated to registered Users in writing, by fax or by e-mail to the contact details of the User provided at registration. If the registered User does not object to the change within four weeks as of receipt of the notice, the changes are deemed to have been acknowledged by the registered User. The registered User is advised of their right of objection and the legal consequences of keeping silent in the event of changes to the General Terms and Conditions separately.

1.4. Other or deviating terms and conditions are hereby rejected unless expressly accepted by us.

1.5. These General Terms and Conditions regulate the legal relationship between us and the Users exclusively. The legal relationships between the Users and with third parties shall remain unaffected by them; this includes but is not limited to the use of the Website and the Services not establishing any contractual claims between the Users.

2. Definitions

The following definitions of terms apply for the purpose of these General Terms and Conditions:

• An Affiliate is any Candidate first registering on the Website and while registering, linking their Profile to the Profile of another Candidate who had invited or solicited them to register.
• A Full Affiliate is any Candidate who is an Affiliate and has submitted a complete and true profile as a Candidate on the Website in addition.
• An Employment is the contractual agreement between the Candidate and the Company, obligating the Candidate to render independent or dependent work of any kind (e.g. service, work or employment agreement or agreement under company law).
• A Notice of Termination is a notice of a Candidate or Company to us intended to terminate the registration on the Website according to art. 4.7 hereunder.
• A Confirmed Contact is any link between Profiles of Candidates on the Website.
• The Privacy Policy is our privacy policy which can be accessed on the Website using the following link: Privacy Policy.
• The Services are all services offered by us on the Website, including but not limited to submitting and making available advertisements to be accessed on the World Wide Web.
• Information is the layout of the Website and all content and data made accessible on it, including but not limited to texts, images, videos, audio, graphics, logos, computer programs, database works and databases including content submitted by Users.
• The Website is the web page “http://www.instaffo.com” including all its subordinated pages and the Information and Services offered on them.
• A Candidate is a natural person registering on the Website and interested in an Employment. Suggested employees of Companies are also deemed Candidates.
• Users are all natural or legal persons or companies with legal capacity accessing the Website via the World Wide Web.
• Companies are natural or legal persons or companies with legal capacity having registered on the Website and looking for Candidates to employ them for money. Companies are also recruitment agencies; however, we reserve the right to issue special conditions for recruitment agencies.
• A Placement is any Employment established using the Website.
• An Intermediary is a Candidate upon whose recommendation or invitation another Candidate (the “Solicited Person”) has registered on the Website and who had been linked as the recommending or inviting Candidate on the Solicited Person’s Profile during their registration. If several Candidates are linked to the Solicited Person’s Profile during their registration, the rule or priority applies; i.e. only the Candidate first linked chronologically to the Solicited Person’s Profile is deemed an Intermediary as defined in clause 1 above.
• A Candidate is deemed Suggested as soon as we have provided the Company with the name of the Candidate and/or their other individual information for the purpose of their employment by the Company, either verbally or in writing.
• Working Days are all weekdays with the exception of Sundays and public holidays observed in all states of the Federal Republic of Germany.

3. General Terms and Conditions of Use of INTERNETPLATTFORM

3.1 Restrictions on use
3.1.1 The USER is not entitled to use the INTERNET PLATFORM for illegal purposes or in any other way contrary to these terms of use. The USER shall use the INTERNET PLATFORM exclusively for his use and purposes or those of his own business and not for resale or for the transfer, use or purposes of any other person or entity. The USER shall refrain from any use of the INTERNET PLATFORM that may be in competition with our business. The USER shall observe the industrial property rights and protect the rights of third parties.
3.1.2 The USER is not entitled to use techniques, mechanisms, programmes (e.g. also viruses, Trojans or spy ware) or other routines which may influence, disrupt or damage the functioning of the INTERNET PLATFORM or through which unauthorised access to stored personal data, to SERVICES or to INFORMATION, the retrieval of which requires special authentication (login), may be gained. The USER may not take any measures that may result in an unreasonable or excessive load on the infrastructure of the INTERNET PLATFORM or parts thereof, including the e-mail system.
3.1.3 The USER shall indemnify us against all damages, expenses (including legal fees) or claims of third parties which are based on a violation of these General Terms and Conditions on his part, unless he, his representatives or vicarious agents are not responsible for the violation.

3.2 Links set by us (disclaimer)
3.2.1 We are not responsible for information to which we refer by link. We are not obliged - subject to the following provisions - to check whether information on linked Internet pages infringes the rights of third parties or is otherwise illegal.
3.2.2 If information to which we refer by means of links infringes the rights of a third party, it is the responsibility of the third party to inform us of this without delay, unless the infringement was obvious when we set the corresponding link.
3.2.3 We will remove or block the link to the Internet page immediately after becoming aware of the illegality. We shall be entitled to examine the unlawfulness for 12 WORKING DAYS from receipt of the notification pursuant to paragraph 2 or otherwise becoming aware of the unlawfulness, unless the unlawfulness is obvious. The third party must prove to us that it has become aware of the facts giving rise to the illegality or that it was aware of the circumstances or facts from which the obviousness of the illegality results.
3.2.4 We hereby expressly distance ourselves from any infringement of rights by third parties on linked Internet pages. Every user is requested to inform us if infringing information is offered on linked Internet pages.

3.3. Copyright and rights of use
3.3.1. INFORMATION may only be used or publicly reproduced with our prior express written consent. Use includes any kind of use of INFORMATION in accordance with the UrhG, in particular reproduction, copying, distribution and dissemination. Public communication includes any kind of making INFORMATION available to members of the public within the meaning of the UrhG, in particular the right of making INFORMATION available to the public, the broadcasting right as well as the right to make INFORMATION publicly perceptible.
3.3.2 Without our prior written consent, the USER is in particular not entitled to a) reproduce, store, translate, edit, change, sell, rent, decompile or otherwise translate the code form of INFORMATION or to carry out parallel developments or b) integrate INFORMATION or parts thereof in databases or database works.
3.3.3 Mandatory statutory exceptions to the need for consent shall remain unaffected, in particular under the UrhG or the Gesetz betreffend das Urheberrecht an Werken der bildenden Künste und der Fotografie (KunstUrhG). Accordingly, consent is not required in particular in cases of "temporary acts of reproduction without independent economic significance" within the meaning of Section 44a UrhG and "reproduction for private use" within the meaning of Section 53 UrhG.

4. Scope of services – registration

4.1. A specific authorisation (“registration”) is required for certain sections of the Website and for using the Services. Access to these sections and use of the Services are available to registered Users with a valid access authorisation exclusively. Registering does not create an obligation to use the Services offered by us.Upon registration, fees are incurred by companies.1. Basic rate: Registration is subject to a fee. In this rate bracket, companies may access the Website services for a fee determined by the licensor. The term of the agreements is agreed individually with the customers and therefore depends on the individual agreement. The agreement may be terminated 3 months prior to expiration of the agreement’s term. Termination must be made in writing. If not terminated effectively and unless agreed otherwise, the term is extended by 12 months. With this Basic rate, you may post one (1) job advertisement on the Website. Interview procedures started within the Basic rate bracket and completed in or outside of the Basic rate bracket are invoiced according to the Basic rate with a transaction fee determined by the licensor. The retrieval of a candidate profile suggested from Instaffo is deemed the start of the interview procedure. A change to a higher rate bracket is deemed an upgrade. Upgrades to other licenses may be requested in writing at any time. If an upgrade is performed, all data stored with the registration of the Company in the Basic rate are preserved if such data are also offered in the scope of services of the higher rate bracket. The annual fee for the Basic rate is set off proportionally against the higher rate in the event of an upgrade.
2. Advanced rate: Registration is subject to a fee. In this rate bracket, companies may access the Website services for a fee determined by the licensor. The term of the agreements is agreed individually with the customers and therefore depends on the individual agreement. The agreement may be terminated 3 months prior to expiration of the agreement’s term. Termination must be made in writing. If not terminated effectively and unless agreed otherwise, the term is extended by 12 months. With this Advanced rate, you may post four (4) job advertisements on the Website. Interview procedures started within the Advanced rate bracket and completed in or outside of the Advanced rate bracket are invoiced according to the Advanced rate with a transaction fee determined by the licensor. The retrieval of a candidate profile suggested from Instaffo is deemed the start of the interview procedure. A change to a lower rate bracket is deemed a downgrade. Downgrades to other licenses may be requested in writing at any time. If a downgrade is performed, all existing data stored with the registration of the Company in the Advanced rate are lost unless these data are also offered within the scope of service of the lower rate bracket. In the event of a downgrade, the already paid annual fee for the Advanced rate is not reimbursed, not even partially. A change to a higher rate bracket is deemed an upgrade. Upgrades to other licenses may be requested in writing at any time. If an upgrade is performed, all data stored with the registration of the Company in the Advanced rate are preserved if such data are also offered in the scope of services of the higher rate bracket. The annual fee for the Advanced rate is set off proportionally against the higher rate in the event of an upgrade.
3. Pro rate: Registration is subject to a fee. In this rate bracket, companies may access the Website services for a fee determined by the licensor. The term of the agreements is agreed individually with the customers and therefore depends on the individual agreement. The agreement may be terminated 3 months prior to expiration of the agreement’s term. Termination must be made in writing. If not terminated effectively and unless agreed otherwise, the term is extended by 12 months. With this Pro rate, you may post ten (10) job advertisements on the Website. Interview procedures started within the Pro rate bracket and completed in or outside of the Pro rate bracket are invoiced according to the Pro rate with a transaction fee determined by the licensor. The retrieval of a candidate profile suggested from Instaffo is deemed the start of the interview procedure. A change to a lower rate bracket is deemed a downgrade. Downgrades to other licenses may be requested in writing at any time. If a downgrade is performed, all existing data stored with the registration of the Company in the Pro rate are lost unless these data are also offered within the scope of service of the lower rate bracket. In the event of a downgrade, the already paid annual fee for the Pro rate is not reimbursed, not even partially.

4.2. Registration takes place by completing the registration form on the Website and allowing us to perform the registration. The registering User is obligated to complete the registration form in full and correctly and to provide unique and legally admissible login information (login and password); this includes but is not limited to login information that is admissible under applicable rights to a name, trademark law and competition regulation laws. The registering User is obligated to keep the login information strictly confidential. They bear the sole responsibility and liability for all actions taken using their login information and registration. In the event of a possible breach of confidentiality, e.g. loss, theft or unauthorised disclosure or use of their login information, the registered User is obligated to notify us immediately and change their login information immediately. The registered user is obligated to log out using the provided logout function after completing a session. The registered User is advised that unauthorised use of their login information may be possible otherwise.

4.3. We are entitled to request a valid form of identification (e.g. copy of a valid ID card or an excerpt from the commercial register) from a registering User if required for a legal obligation to establish their identity or to determine the legal possibility or authorisation to register and use the Services.

4.4. After receiving the fee determined by the licensor the latest, the registration is approved by us by means of activating the User’s access to the sections of the Website with restricted access according to art. 4.1 above and to the Services. In addition, we will inform the User that the registration was approved in writing, by fax or e-mail to the contact details provided by the User at registration. The User is not entitled to our approval of their registration. In the event of rejection of the registration on our part, any fees already paid will be reimbursed.

4.5. If the data provided at registration change, the registered User is obligated to update their registration accordingly. This update can be provided by using the appropriate functions in the login section or – if such a function is not provided – in writing, by fax or by e-mail.

4.6. If there are justified concerns, we are entitled to object to a registration or to terminate a registration at any time as of expiration of the term effective for the future. We will notify the registering/registered User of this.

4.7. A registered User may terminate their registration at the end of the term by giving a Notice of Termination, observing the terms of notice applicable for the respective rate. The User shall give their Notice of Termination in writing, by fax or using the protected communication option in their profile. All personal data of the User will be deleted from our system after expiration of 3 months as of receipt of the Notice of Termination. In this context, we expressly refer to art. 9.7 hereunder.

5. Advertisements and profiles

5.1. We post the advertisements of the registered Companies (hereinafter: “Advertisements”) and the profiles of the registered Candidates (hereinafter: “Profiles”) to the Website pursuant to the following provisions and make them accessible via the world wide web. The services for access via the world wide web are limited solely to data communication between our server or the server operated on our behalf on which the data are stored and the point of transmission to the internet. We are not able to affect movement of data outside of our network infrastructure or the network infrastructure operated on our behalf. We do not owe to the User a successful transmission of Information from or to target devices or other electronic data processing devices outside of our network infrastructure or the network infrastructure operated on our behalf. We do not owe to the User a certain availability for accessing the Advertisements on the internet.

5.2. We are entitled but not obligated to integrate the Advertisements and Profiles into the general design (“CI”) of the Website and to match them to its design.

5.3. The registered User is obligated to keep Advertisements and Profiles up-to-date. For this purpose, they will immediately provide an updated version of an Advertisement or Profile as soon that there are changes to the underlying actual circumstances and they become aware of this, e.g. a change of address and telephone details. We are entitled to use the updated Advertisement and Profile to the same extent as the original Advertisement and Profile. The personal data included in the Advertisements and Profiles are processed pursuant to our Privacy Policy exclusively. Accordingly, the personal data included in Advertisements are compared automatically and are then transferred in part or in full only to those registered Users which have submitted a Profile which has been found to match in this comparison, and vice versa. For more details, please refer to our Privacy Policy.

5.4. The registered User hereby provides us with a non-exclusive transferable and sublicensable right in perpetuity throughout the universe to comprehensively use and utilise the Advertisement and the Profile in full or in part within the scope of the Website and the associated products and Services. This includes but is not limited to us being entitled but not obligated to• duplicate, distribute, send, transfer, make accessible to the public and reproduce Advertisements and Profiles in full or in part within the scope of the Website and to provide them to the public upon request, including but not limited to transferring the Advertisements and Profiles in full or in part to one or several parties requesting them;• edit the Advertisements and Profiles in full or in part for the purpose of the products of the Website and their use and for rendering the Services, including but not limited to translating and redesigning them for the purpose of integrating them into the Website. The authorisation also includes using only excerpts;• use the Advertisements in full or in part for promotional purposes; furthermore, the right to promote the Advertisements in the manner customary in the sector (e.g. on the internet, including but not limited to within the scope of performance marketing measures). This right also includes the authorisation to use images, names and other elements of the Advertisements.

5.5. Personal data, including but not limited to those in the Profiles, are protected according to our Privacy Policy.

5.6. The registered User guarantees that a) they are the owner of the rights to the Advertisements and Profiles and their respective components provided to us by them hereunder; b) the Advertisements and Profiles do not contain any content of a racist, discriminating, pornographic, jeopardising child and youth protection, extremist, terrorist or otherwise illegal or illegitimate nature or breaching any official regulations or requirements.

5.7. We do not accept any responsibility for the content of the Advertisements and Profiles. We are not obligated to review the Advertisements and Profiles for their legality, correctness or suitability. This includes but is not limited to us not accepting the legitimacy of the Advertisements and Profiles under labour, competition or any other law and the legitimacy of their publication on the website and provision for access via the world wide web.

5.8. If, contrary to the guarantees pursuant to art. 5.6 hereunder or contrary to the liability pursuant to art. 5.7 hereunder, we are held liable by third parties, the registered User will keep us harmless from all claims and the incurred costs internally. This also includes the costs for our legal defence.

5.9. In the individual case, we are entitled to object to the submission of an Advertisement or Profile and it being held available for access or to block access to Advertisements and Profiles in full or in part, whether temporarily or permanently, if there is an objective reason for doing so. We will notify the registered User who had submitted the Advertisement or Profile of this.

6. Rights and obligations of the companies

6.1. If we have identified a suitable Candidate for the job advertised by the Company on the Website, this Candidate is Suggested to the Company by us. If the information submitted by the Candidate in the course of their registration (e.g. qualifications, CV, etc.) is provided to the Company by us for its acknowledgement, it is the Company’s sole responsibility to review it for correctness. We do not warrant that this information is correct and are also not obligated to review it

6.2. If we suggest a Candidate to the Company, the Company shall make a decision about it within 10 Working Days as of the Candidate being Suggested and notify us whether it considers the Candidate a potential candidate for the advertised job (hereinafter: “Potential Candidate”). If the suggested Candidate is deemed a Potential Candidate by the Company, the Company shall notify us of its decision by clicking the appropriate button on the Website. If the suggested Candidate is not deemed a Potential Candidate by the Company, the Company shall also notify us by clicking the appropriate button.

6.3. If a suggested Candidate is deemed a Potential Candidate by the Company, the Company shall take all required steps (e.g. interview, assessment centre or similar steps) to be able to make a decision about the Candidate’s Employment (hereinafter: “Screening”). Within the course of the Screening, it shall provide the Candidate with at least two (2) dates for the Screening.

6.4. If the Potential Candidate accepts a date proposed by the Company for the Screening, the Company is obligated to make a decision on whether the Potential Candidate is suitable, not suitable or should be submitted to further Screening within 12 Working Days as of the completion of the Screening. If the Potential Candidate is to be subjected to another Screening, art. 6.3 above will apply accordingly. If the Potential Candidate accepts a proposed date for another Screening, the Company is obligated to make a final decision within 12 Working Days as of completion of the further Screening and communicate it pursuant to art. 6.6 and 6.7 hereunder.

6.5. If the Company wants to submit the Candidate to a Screening, the Company is obligated to use the communication channels provided on our Website for the necessary communication with the Candidate and to notify us immediately of any communication held outside of the Website (e.g. agreeing on additional interviews after the first interview). Using the communication channels provided on our Website, the Company shall notify us about the time of a possible Screening immediately upon making an appointment for it with the Candidate.

6.6. If, at the end of a Screening, the Company comes to the conclusion that a suggested Candidate is not an option for the advertised job (any more), the Company shall notify us of its decision by clicking the appropriate button provided on the Website.

6.7. If a Candidate suggested by us is Employed by the Company, the Company is obligated to notify us of this within 6 Working Days by clicking the appropriate button provided on the Website. The term commences upon conclusion of the contract between the Company and the Candidate. If we have reasonable doubt of the compliance with this obligation, we may demand the provision of a copy of the Employment contract, including but not limited to the event that the information provided by the Candidate pursuant to art. 7.3 hereunder is conflicting with that provided by the Company.

6.8. It is the Company’s sole responsibility to assess the suitability of the suggested Candidate and to check whether there are any possible obstacles (e.g. residence permit, employment permit) to their Employment.

6.9. In the event that the Company hires a Candidate suggested by us at a later time but no later than 12 months after their Suggestion, the Company undertakes to notify us of this pursuant to art. 6.7 hereunder. In this event, the Company is also obligated to pay us a fee according to art. 8 below.

6.10. The Company is expressly forbidden from passing on any information/data about a Candidate we have disclosed to the Company without our prior written consent.

6.11. Please note that on principle, the Company is obligated to reimburse the Potential Candidate for any expenses the Potential Candidate may have deemed necessary under the circumstances in the event of a Screening, including but not limited to the travel costs to the Screening appointment. If the Company does not want to reimburse such expenses, it should advise the Potential Candidate of the fact when Inviting them to the Screening.

6.12. If the Company breaches one of the obligations arising from art. 6.7, 6.9 or 6.10 hereunder, the Company shall pay to us a contractual fine for each culpable breach to be determined by us at our reasonable discretion, to be reviewed by the competent court in the event of a dispute. The objection of continuation of an offence is excluded. Payments made to the obligation to pay a penalty are set off against possible claims for compensation of damages incurred for whatever legal reason.

6.13. We are entitled to identify Companies as reference customers on our Website by name and with their company logo.

7. Rights and obligations of the Candidates

7.1. If the Candidate is contacted by us or by a Company because a Company has deemed the Candidate a Potential Candidate for a job advertised by it, the Candidate undertakes to react to the approach immediately but the latest within 18 Working Days and to notify us/the Company of whether they are interested in the job advertised by the Company and are willing to participate in a Screening by the Company. For such purposes, the Candidate shall exclusively use the communication channels provided on our Website. If they do not comply with this term of notice, we are entitled to notify the Company of the Candidate’s refusal in their name.

7.2. If the Candidate participates in the Company’s Screening, they shall take part in the Screening using the communication channels provided by our Website.

7.3. If the Candidate accepts the Company’s offer of Employment, the Company will notify us of this. The Candidate is notified of this using the communication channels provided on our Website and has the option to object to the Company’s notice.

7.4. The Candidate undertakes not to terminate any possible existing employment relationships with third parties (e.g. service or employment) conflicting with an Employment by the Company in breach of a contract or law and/or not to deny the performance due to such third party in an illegal manner.

7.5. Before promising their participation in a Screening by the Company, we recommend that the Candidate comes to an agreement with the Company on whether the Company will reimburse the expenses the Candidate may deem necessary for their participation in the Screening (e.g. travel costs to the Screening). We will not accept any such claims (for reimbursement of expenses).

8. Service agreement / transaction fee

8.1. The submission of the advertisements to the Website by the registered Users alone does not constitute a service agreement between us and the respective User.

8.2. A service agreement is concluded between us and the respective Company exclusively. By submitting an Advertisement to the Website, the Company makes an offer for concluding a service agreement subject to these General Terms and Conditions. We will confirm submission of an advertisement by e-mail to the Company. This confirmation shall not be deemed acceptance of the offer for conclusion of the service agreement. The agreement is concluded by us publishing the commissioned job advertisement. Publishing the job advertisement does not obligate us to successfully procure a Candidate for the Company.

8.3. For successful placement of a Candidate, we shall receive the transaction fee respectively agreed with the Company.

8.4. The transaction fee is incurred at completion of the interview process, i.e. upon Employment of the Candidate suggested by us by the Company; it is due for payment within 14 days as of issue of the invoice.

8.5. The transaction fee pursuant to this art. 8 shall not apply if (i) the Candidate including their application documents were already known to the Company prior to our Suggestion of the Candidate, and (ii) the Candidate had already been included in the group of candidates for the advertised job prior to their Suggestion by us, and (iii) the Company has notified us in writing or text that the suggested Candidate was already known to it and had been included in the group of candidates for the advertised job within 5 Working Days as of the Suggestion of the Candidate by us. The requirements indicated in (i) to (iii) must all apply. In the event of a notice pursuant to (iii) above, the Company is obligated to state to us and also provide evidence with appropriate documents, if applicable, through whom and/or in which manner the Company has become aware of the Candidate as a candidate for the advertised job chronologically prior to our Suggestion or how the Candidate came to be included in the group of candidates for the advertised job at our request.

8.6. The claim to payment of the transaction fee towards the Company is also incurred if not the Company itself but an associated company as defined in art. 15 AktG [German Companies Act] employs the Candidate suggested by us. Art. 8.5 above shall apply accordingly. The requirements according to art. 3.1.1 above shall remain unaffected.

8.7. The transaction fee to be paid to us pursuant to this art. 8 does not include value-added tax if applicable pursuant to applicable law.

9. Our liability

9.1. In cases of wilful intent or gross negligence, we accept full liability. However, in cases of ordinary negligence, the following applies for our liability towards Companies arising from service agreements: our liability for damages incurred by ordinary negligence of a material contractual obligation is limited to foreseeable damage typical for the contract. An obligation is deemed material if its fulfillment makes the regular performance of the agreement possible and the Company may habitually depend on it being fulfilled. Any liability for compensation of damages or wasted expenditure for ordinarily negligent breach of non-material contractual obligations on our part is excluded.

9.2. When determining whether we are at fault, it must be considered that software cannot be designed to be free of errors for technological reasons.

9.3. The amount of typical and foreseeable damage as defined in art. 10.1 below for all damage events arising from a service agreement in total is limited to the amount of our fee incurred by the respective service agreement. For calculating the limit of the amount, only such financial losses caused by us with ordinary negligence may be considered.

9.4. We expressly wish to note that the User themselves are obligated to ensure their own data backup and check its success and to regularly back up and check such data backup itself. Pursuant to these General Terms and Conditions, we accept liability for a loss of data and content only up to the amount which would have been incurred by restoration of properly and regularly backed-up data.

9.5. We take responsibility for any fault of our legal representatives and vicarious agents.

9.6. Claims for compensation of damages towards us shall fall under the statute of limitations within one year as of termination of the service agreement the latest. A shorter legal period of limitations shall remain unaffected. In deviation of the above sentences, the legal periods of limitations shall apply for claims for compensation of damages arising from injury to life, body or health based on negligent breach of an obligation by us or negligent breach of an obligation by one of our legal representatives or vicarious agents.

9.7. All of the exclusions and limitations of liability set down above and included hereunder shall not be applicable for culpable injury to life, body and health. Liability incurred by wilful intent, arising from the Produkthaftungsgesetz [German Product Liability Act] and for guarantees shall remain unaffected.

9.8. All of our exclusions and limitations of liability included hereunder also apply to the benefit of our vicarious agents and legal representatives and for liability incurred by a tortious act.

9.9. The provisions in this art. 10 shall apply accordingly for our liability of reimbursement of wasted expenditure.

10. Privacy

We observe the general personal privacy of the Users and collect, process and use personal data in compliance with the legal provisions of the Bundesdatenschutzgesetzes (BDSG) [German Federal Data Protection Act] exclusively. Please refer to our Privacy Policy for more details.

11. Final provisions

11.1. Für sämtliche Streitigkeiten aus oder im Zusammenhang mit diesen Allgemeinen Geschäftsbedingungen ist das Recht der Bundesrepublik Deutschland anwendbar unter Ausschließung der Regelungen des Internationalen Privatrechts und des UN-Kaufrechts (CISG). Greift der NUTZER auf die INTERNETPLATTFORM von außerhalb Deutschlands aus zu, hat er außerdem die gesetzlichen und rechtlichen Bestimmungen seines Herkunftslandes zu beachten.

11.2. Handelt es sich bei dem Nutzer um einen Kaufmann, eine juristische Person des öffentlichen Rechts oder öffentlich-rechtliches Sondervermögen, ist als Gerichtsstand der Ort unseres Sitzes vereinbart.

11.3. Sollte eine Bestimmung dieser Allgemeinen Geschäftsbedingungen durch ein zuständiges Gericht als unwirksam erachtet werden, bleibt hiervon die Wirksamkeit der übrigen Bestimmungen unberührt.

12. Alternative dispute resolution

Pursuant to art. 37 Verbraucherstreitbeilegungsgesetz (VSBG) [German Act on Consumer Dispute Resolution], Instaffo is obligated to inform customers who are consumers as defined in art. 13 BGB [German Civil Code] of the option to also appeal to a consumer dispute resolution body for unresolved proprietary disputes arising from the contractual relationship free of charge.The competent consumer dispute resolution body is the Allgemeine Verbraucherschlichtungsstelle of the Zentrum für Schlichtung e.V [registered centre for arbitration].
Straßburger Straße 877694 Kehl am RheinTelephone 07851 / 795 79 40Fax 07851 / 795 79 41
E-Mail: mail@verbraucher-schlichter.de
‍The online dispute resolution platform of the European Union, for online service agreements among others, can be found at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
However, in this context, please note that Instaffo is not willing or obligated to participate in proceedings before this body and that Instaffo will refuse participation in arbitration proceedings before this body.Last updated: March 2019

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