Description of the Service, Scope and Registration
ClipMyHorse.TV Operations GmbH, Am Sonnenberg 6, 65321 Heidenrod (“CMH”), provides on the website (www.EquiJob.de) a portal for job placement in the equestrian industry (“EquiJob”). On EquiJob, individuals (“Users”) can view open positions for which a provider (“Advertiser”) has created a job advertisement (“Ad”) and can contact the Advertiser using the contact details provided in the Ad. The term “User” in these Terms of Use also includes Advertisers.
Registration is not required to use EquiJob. Use of the service is governed by these Terms of Use (“Terms of Use”), which Users can access and save at any time at https://equijob.de/nutzungsbedingungen/. For creating a job advertisement, the Supplementary Terms for Job Advertisements, which are located at the end of these Terms of Use (here **, “Supplementary Terms for Job Advertisements”), apply in addition to the Terms of Use. The language available is German.
If a User wishes to create a shortlist and save selected Ads to that shortlist, the User must register for this purpose. Registration is free of charge and is completed by the User opening a user account on EquiJob, selecting “I am an employee and looking for a job,” and entering the required information in the input form. After clicking the “Register” button, the User will receive an email to the email address provided containing a confirmation link. Registration is only completed once the confirmation link has been clicked, after which the User can log in with the chosen password. The User will be informed of this by email including these Terms of Use; CMH does not store the contract text beyond this. Input errors can be corrected up until clicking “Register” and, after login, with the exception of the username and email address, can be changed in the profile area. The User may request deletion of the user account at any time by email to the Central Contact Point pursuant to Section 2.
Central Contact Point for Users and Authorities
The Central Contact Point for Users and authorities can be reached as follows:
By post:
ClipMyHorse Operations GmbH
Wandersmannstraße 68, 65205 Wiesbaden
Germany
By phone:
0611-36080 70
By email:
info@equijob.de
Obligations of Users and Removal of Illegal Content
Users must refrain from any actions that could harass other Users, in particular the sending of advertising of any kind or other harassing content, especially to the contact details stated in Ads. Any other actions that go beyond the intended use of EquiJob must also be avoided. In particular, Ads may not be created for job offers that have no connection to the equestrian and horse sports industry. When creating an Ad and when contacting an Advertiser, Users must always provide truthful information.
CMH does not actively review Ads for content that infringes third-party rights, applicable law and/or these Terms of Use (“Illegal Content”) and is not obliged to do so. However, in the event of suspected Illegal Content, CMH reserves the right to conduct investigations and is entitled to delete Ads in whole or in part or to request corrections if there are indications of Illegal Content. No automated evaluation procedures are used.
Notice and Action Mechanism (Reporting Procedure)
If a User wishes to report content that the User considers Illegal Content, the User may use the reporting procedure. The report must be sufficiently precise and properly substantiated. The following form may be copied, completed and sent by email to info@equijob.de:
Why are the contents considered illegal? [Please fill in]
Where is the illegal content stored (precise URL address)? [Please provide a precise URL and/or a detailed description of the location]
Name and email address of the reporting person [Please fill in]
Statement of accuracy and completeness [I am acting in good faith and believe that the information and statements contained herein are accurate and complete.]
The User will receive an acknowledgment of receipt without undue delay, provided that the report includes the reporting User’s electronic contact details.
After processing the report, which CMH will carry out in a timely, diligent, non-arbitrary and objective manner, CMH will inform the affected User without undue delay of its decision regarding the reported information and will indicate available remedies against that decision.
Internal Complaint Handling System
Access
CMH provides Users, including reporting persons and entities, with access to an internal complaint management system for a period of six months following a decision to remove content or to block or restrict Ads or Users (including suspension or closure of an account). Complaints may be submitted free of charge by email to info@equijob.de.
Procedure and Decision
Complaints are processed in a timely, non-discriminatory, diligent and non-arbitrary manner. If a complaint contains sufficient grounds to assume that a decision not to act upon a report is unfounded, or that the information to which the complaint relates is neither illegal nor violates these Terms of Use, or if it contains information showing that the complaining User’s conduct does not justify suspension of the service or permanent blocking of the User, CMH will reverse the respective decision without undue delay.
CMH will inform the complainant without undue delay of the reasoned decision taken regarding the information to which the complaint relates and will inform the complainant about the possibility of out-of-court dispute settlement pursuant to Section 7 and other available remedies.
CMH will suspend the processing of complaints from Users who frequently submit manifestly unfounded complaints for an appropriate period after prior warning.
Out-of-Court Dispute Settlement
Users affected by decisions under Section 5 have the right to choose a certified out-of-court dispute settlement body pursuant to Art. 21(3) of Regulation (EU) 2022/2065 to resolve disputes relating to such decisions and complaints that could not be resolved through the internal complaint handling system.
Measures Against Misuse
If a User frequently and manifestly provides Illegal Content and/or submits manifestly unfounded reports (Section 4) or complaints (Section 5), the User will be blocked for an appropriate period after prior warning, or will be informed by email that use is prohibited, including reasons for the decision. If an Ad is removed and/or an Advertiser is temporarily or permanently blocked, the Advertiser will receive a notification from CMH stating the reasons for the decision.
In assessing whether a User frequently and manifestly provides Illegal Content, CMH evaluates each case in a timely, diligent and objective manner and takes into account all relevant facts and circumstances apparent from the information available to CMH. Such circumstances include in particular the absolute number of manifestly illegal items or manifestly unfounded reports or complaints submitted during a given period; the relative proportion compared to the total number of individual items provided or reports made during that period; the severity of the misuse, including the nature of the illegal content and its consequences; and the intentions pursued by the User, insofar as they can be determined. On the basis of these facts and circumstances, CMH also assesses the appropriateness of the duration of the blocking or prohibition of use.
In addition, the rights and legitimate interests of all parties involved as well as the fundamental rights enshrined in the Charter are taken into account, including the right to freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
Ranking and Recommendation System
The order of published Ads is based on their recency, with the newest Ads shown first. No other parameters influence the order. Users may apply filters, in particular selecting whether to see only Ads in certain regions or industries, whether full-time or part-time positions should be displayed, and may also filter results by contract type. Filtered results are displayed and sorted by recency.
Liability
CMH does not guarantee the accuracy and completeness of the information contained in Ads.
CMH, including its legal representatives and vicarious agents, is liable without limitation only in cases of (a) intent or gross negligence, (b) injury to life, body or health, (c) within the scope of a guarantee assumed by CMH, and (d) under the Product Liability Act.
CMH’s liability for breach of essential contractual obligations caused by slight negligence is limited in amount to the damage that is foreseeable and typical for the type of transaction. Essential contractual obligations are obligations that protect essential legal positions of sellers and interested parties which the contract, by its content and purpose, is intended to grant; essential are also those obligations the fulfillment of which makes proper performance of the contract possible in the first place and on compliance with which sellers and interested parties have regularly relied and may rely.
Users undertake to indemnify CMH against all damages and reasonable expenses (including court and attorney fees) arising from or in connection with a culpable breach of these contractual terms and the use of the service, unless the User is not responsible for the breach. Otherwise, CMH is not liable.
Amendments to the Terms of Use
CMH reserves the right to amend these Terms of Use, in particular for legal, regulatory or security reasons or to improve the functionality of the service. In the event of a material change to these Terms of Use, CMH will inform Users accordingly.
Final Provisions
Applicable Law
The contract concluded under these Terms of Use is governed by the laws of the Federal Republic of Germany. Mandatory consumer protection provisions of the law of the state in which the User, as a consumer, has his or her habitual residence remain unaffected and applicable.
Jurisdiction and Out-of-Court Dispute Resolution
Users residing in the EU may bring claims against CMH in accordance with the statutory rules on jurisdiction either before the courts of the Member State in which CMH is established or before the courts of the place where the User resides.
If the User does not have a general place of jurisdiction in Germany or another EU Member State, or if the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the court competent for Wiesbaden.
The European Commission provides a platform for online dispute resolution (ODR), available at http://ec.europa.eu/consumers/odr/. CMH is neither obliged nor willing to participate in dispute resolution proceedings. CMH is also neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Severability Clause
If individual provisions of these Terms of Use are or become invalid in whole or in part, the validity of the remaining provisions shall not be affected.
Supplementary Terms for Job Advertisements
Scope
Only entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) are permitted to create Ads; consumers within the meaning of Section 13 BGB are not permitted to create Ads. The following terms (“Supplementary Terms for Job Advertisements”) apply only in the relationship between CMH and the Advertiser, not to other Users. For clarification, these Supplementary Terms for Job Advertisements apply in addition to the Terms of Use; in the event of deviations, the Supplementary Terms for Job Advertisements shall take precedence.
Obligations When Creating Ads and Registration
Ads are permitted only for job offers that have a direct connection to the equestrian and/or horse sports industry.
When creating an Ad, the Advertiser must always provide truthful information. It is not permitted to create Ads for third parties or with content from third parties without their prior consent.
Ads on EquiJob are not reviewed by CMH. The Advertiser alone is responsible for the content of the Ads. If CMH becomes aware of illegal or untrue content in Ads (in particular through orders from judicial or administrative authorities or via the internal complaint procedure), CMH will take the necessary steps (in particular blocking the Ad and the Advertiser). Further details are set out in the Terms of Use.
To create an Ad, registration and the conclusion of a generally paid contract (“Ad Contract”) are required. CMH reserves the right to offer Ad Contracts free of charge as part of special promotions. After completing registration (where “I am an employer and offer a position” must be selected) in accordance with Section 1.3 of the Terms of Use, an Ad may be created. For this purpose, the scope of the Ad Contract is selected and then billing information and the content of the job advertisement, including company information, are entered. By clicking the “Confirm” button, an offer to conclude the selected Ad Contract is submitted, which CMH accepts by sending the confirmation of the Ad Contract. In the context of special promotions, CMH may offer Ad Contracts free of charge; in that case no invoice will be issued. Input errors can be corrected at any time until the offer is submitted.
Prices
Prices for Ads depend on the selected Ad Contract and are displayed to the Advertiser on EquiJob before the offer to conclude an Ad Contract is submitted. Prices are exclusive of statutory VAT, insofar as a fee applies.
An invoice is sent to the email address stated by the Advertiser in the billing address and is also stored in the Advertiser’s account. The invoice amount is payable within seven (7) days of receipt of the invoice. If payment is not made on time, the Ad will be temporarily deactivated; the claim for payment remains unaffected. This does not apply in the case of a free Ad Contract within a special promotion.
As part of special promotions, CMH may offer Ad Contracts free of charge; in that case no invoice is issued and no payment obligation exists.
Term of an Ad Contract
Unless otherwise agreed in an individual case, the term of an Ad Contract is 12 months; after expiry, the Ad will be deactivated.
The right of CMH and the Advertiser to terminate for cause remains unaffected. Termination must at least be in text form.
Grant of Rights and Indemnification
By creating an Ad, the Advertiser grants CMH non-exclusive rights to the content, which are expressly sublicensable and transferable. The license includes in particular the right to reproduce, store, distribute, edit and make the Ad publicly available or otherwise publicly communicate it.
The Advertiser warrants that only content is used in the Ad that the Advertiser has either created itself or, in the case of content created by or jointly with third parties, that the Advertiser has acquired from all rights holders the rights necessary for the grant of rights pursuant to the above clause.
The Advertiser guarantees to CMH that the content is free of third-party claims and rights that could impair CMH’s use. The Advertiser shall indemnify CMH against claims, expenses and damages arising from a breach of the above warranties and guarantees, unless the Advertiser is not responsible for the breach. The indemnification also covers attorney and other legal defense costs as well as (subsequent) remuneration to persons entitled under the German Copyright Act and also claims and damages based on a loss of rights, regardless of the reason, and reimbursement of expenses for providing information to third parties.
Version of the Terms of Use and Supplementary Terms for Job Advertisements: 10/2024