General Terms and Conditions for the Alumni and Career Portal of the University of Bayreuth

(A) General provisions

(1) Introduction and scope of application

(1a) The General Terms and Conditions (GTC) for the Alumni and Career Portal of the University of Bayreuth apply to all current and future business relationships with the University of Bayreuth's Career Services and Corporate Contacts Office (hereinafter: KUK) in connection with the Alumni and Career Portal of the University of Bayreuth (hereinafter: KUK websites). They apply equally to entrepreneurs (§ 14 BGB) and consumers (§ 13 BGB).

(1b) Users within the meaning of the Terms and Conditions are natural persons or legal entities or
 partnerships with legal capacity with whom a business relationship is entered into.

(1c) Partners within the meaning of the Terms and Conditions are users who generally provide content directed at students and/or alumni of the University of Bayreuth for commercial purposes within the meaning of § 14 BGB on KUK websites and in the context of KUK content.

(1d) Members within the meaning of these terms and conditions are users who are not partners within the meaning of these terms and conditions.

(1e) KUK maintains KUK Websites through which its members can network and access information from KUK as well as other services such as news, member benefits, jobs and events.

(1f) KUK operates a closed member area and subpages for networks (clubs/communities etc.) within its KUK Websites.

(1g) The KUK Websites offer members access to the member area, discussion forums and future developments of the member area or new services with registration.

(1h) By providing the Alumni and Career Portal, KUK pursues the following objectives:

• to support students in the transition from studying to working life,
• networking students, alumni, companies/institutions and the University of Bayreuth with each other and with each other,
• maintaining contact with the University of Bayreuth and promoting loyalty to it,
• the provision of career services for alumni,
• organizing events on and off the University of Bayreuth campus,
• pooling and sharing knowledge and expertise,
• the support of communities / initiatives on campus that also pursue these goals.

(2) Conclusion and termination of the contract

(2a) Conclusion of contract

(2aa) Registration is required to use the KUK websites. By completing registration, the user submits a binding offer to conclude a contract of use. The contract is concluded as soon as the KUK confirms the registration or activates access to the website.

(2ab) The data requested during registration must be provided completely and truthfully. Changes to this data must be updated by the user without delay. Accounts are not transferable and may only be used by the respective user personally.

(2ac) Use as a member is only open to natural persons with unlimited legal capacity from the age of 18. Minors or persons with limited legal capacity are only permitted to use the site as members with the consent of their legal representative.

(2ad) The contract of use with members is free of charge. The contract of use with partners is free of charge, unless otherwise agreed.

(2ae) There is no contractual right of revocation.

(2b) Termination of the contract

(2ba) Unless a limited term has been expressly agreed, the contract of use shall be concluded for an indefinite period.

(2bb) Both parties may terminate the contract at any time with a notice period of [e.g. two weeks] to the end of the month. The termination must be in text form (e.g. e-mail) or can be declared via the function provided for this purpose in the user account.

(2bc) Both contracting parties have the right to terminate the user contract extraordinarily for good cause. Good cause shall be deemed to exist in particular if the user breaches material contractual obligations, provides incorrect information during registration or uses the website for illegal purposes.

(2bd) When the termination takes effect, the member's access to the member area will be blocked. KUK is entitled to delete or anonymize all content posted by the user.

(2be) The contract of use ends automatically if KUK ceases to provide the website. In this case, the user will be informed in good time in advance.

(2bf) Unless otherwise agreed in text form, the contract ends in relation to partners at the end of the agreed term of the respective service, e.g. the job/internship offer or the respective advertisement or event of the partner.

(3) Member area

(3a) Access to the member area

(3aa) Access to the member area is restricted to members. Data from the members' area may only be used for personal purposes and may expressly not be passed on to third parties or used for purposes that are not compatible with the objectives of KUK.

(3ab) Access expires automatically if the membership is terminated at the time at which the termination takes effect.

(3ac) The password chosen during registration must be treated confidentially and may not be disclosed to third parties. Employees of KUK will also not ask the user for the password at any time. Users are prohibited from allowing third parties to use the KUK network. Users are obliged to inform KUK immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing an account.

(3b) Contents and functions of the member area

(3ba) Members enter their profile data themselves. KUK releases the profile.

(3bb) KUK cannot technically determine with certainty whether a user registered on the KUK Websites is actually the person he or she claims to be. KUK does not guarantee the actual identity of a user.

(4) General obligations of the user

(4a) The user undertakes

(4aa) to provide only true and non-misleading information in his profile and his communication with other users and to correct subsequent changes to his access data immediately in the settings of his account. He can make these corrections at any time under "My profile".

(4ab) to only transmit content (e.g. photos of people, events, texts) to the KUK website, the public reproduction of which is permitted. The transmission of photos or images of other or non-existent persons or other beings (animals, fantasy creatures, etc.) is not permitted for the photos of members under "My profile".

(4ac) to observe the applicable laws and all third-party rights when using the content and services on the KUK websites. In particular, the user is prohibited from

• to use the information for purposes that are not compatible with the objectives of KUK
• to upload and/or use offensive or defamatory content, regardless of whether this content concerns other users, KUK employees or other persons or companies;
• to use pornographic content or content that violates youth protection laws or to advertise, offer or distribute pornographic products or products that violate youth protection laws;
• to unreasonably harass other users (in particular through spam), especially for commercial, political or religious purposes;
• to use content protected by law (e.g. by copyright, trademark, patent, design or utility model law) without being authorized to do so, or to advertise, offer or distribute goods or services protected by law, and
• to engage in or promote anti-competitive activities, including progressive solicitation (such as chain, snowball or pyramid schemes).

(4ad) to refrain from the following harassing activities, even if they do not specifically violate any laws:

• mass mailing of chain letters, SPAM, advertising emails or information that has no connection to the University of Bayreuth or KUK; carrying out, advertising and promoting sales measures (such as multi-level marketing or multi-level network marketing) or
• offensive or sexually oriented communication (explicit or implicit)
• mass mailings not authorized by KUK
• collecting or copying contact data of other users for the purpose of mass mailing (digital or written)

(4b) Users are prohibited from the following actions:

• using mechanisms, software or scripts in connection with the use of the KUK Websites. However, the user may use the interfaces or software provided by KUK as part of the services offered on the KUK websites.
• blocking, overwriting, modifying and copying, unless this is necessary for the proper use of the services of the KUK websites. Copying by means of "robot/crawler" search engine technologies is expressly prohibited.
• distribution and public reproduction of content from the KUK websites or from to other users,
• any action that is likely to impair the functionality of the KUK infrastructure, in particular by placing an excessive load on it.

 

(5) Responsibility for content

(5a) KUK is solely responsible for the content it creates. This excludes in particular information based on information provided by third parties.

(5b) KUK accepts no responsibility for the content, data and/or information provided by the users of the KUK websites or third parties or for content on linked external websites. In particular, KUK does not guarantee that this content is true, fulfills a specific purpose or can serve such a purpose.

(5c) If the user notices any use of the KUK websites that violates the law or the contract, he can report this by e-mail to: . karriereservice@uni-bayreuth.de

(6) Availability of the KUK websites

(6a) In the case of online and infoscreen offers, KUK will endeavor to offer the booked service for retrieval with as few interruptions as possible. However, even with all due care, downtimes cannot be ruled out.

(6b) Lack of availability and changes to the website of the University of Bayreuth KUK do not entitle the user to a price reduction or to withdraw from the contract, provided that the interests of the user are not unreasonably impaired by this.

(6c) KUK reserves the right to change or discontinue its offer at any time, provided this is reasonable for the user, taking into account his interests. If KUK discontinues the service in accordance with sentence 1 above, the user will be reimbursed for services already paid for but not yet used.

(7) Data protection

(7a) The protection of users' personal data is a top priority for KUK. Processing is carried out exclusively within the framework of the applicable data protection regulations of the European Union, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

(7b) Personal data is only collected, stored and used insofar as this is necessary for the establishment, execution or termination of the user contract or the user has expressly consented to this. This includes, in particular, registration data as well as usage and communication data that are generated in the course of using the KUK websites.

(7c) Personal data will only be passed on to third parties, in particular to partners, insofar as this is necessary for the fulfillment of the contract, corresponds to the objectives of the KUK, there is a legal obligation or the user has expressly consented. KUK will not commercially disclose data to third parties who are not users within the meaning of these terms and conditions.

(7d) Users have the right to receive information about the personal data stored by KUK free of charge at any time. In addition, they may request the correction of incorrect data and the restriction of processing, deletion or transfer of their data, provided that there are no statutory retention obligations to the contrary.

(7e) In all other respects, the current data protection regulations of the University of Bayreuth apply.

(8) Liability and indemnification

(8a) KUK is only liable for damages resulting from injury to life, limb or health that are based on an intentional or grossly negligent breach of duty by KUK.

(8b) Otherwise, KUK shall only be liable for damages which are based on a grossly negligent breach of duty by KUK or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of KUK.

(8c) Subject to (8a) and (8b), KUK assumes no liability for content provided by other users on the website. Users themselves are responsible for the content they post and must ensure that it does not infringe the rights of third parties.

(8d) Subject to (8a) and (8b), KUK accepts no liability for interruptions or disruptions to the Website due to technical problems, maintenance work or force majeure. However, KUK will endeavor to ensure the availability of the website as far as possible.

(8e) The user indemnifies KUK against all claims, including claims for damages, asserted by other users or other third parties against KUK due to an infringement of their rights by the content posted by the user on the KUK websites. The user further indemnifies KUK against all claims, including claims for damages, which other users or other third parties assert against KUK due to the infringement of their rights through the use of the services of the KUK websites by the user. The user shall bear all reasonable costs incurred by KUK due to an infringement of third-party rights, including the reasonable costs incurred for legal defense. All further rights and claims for damages of KUK remain unaffected.
The above obligations of the user do not apply if the user is not responsible for the infringement in question.

(8f) If the rights of third parties are infringed by the user's content, the user shall, at KUK's discretion and at its own expense, procure the right to use the content and adapt the content in conformity with the law. If the rights of third parties are infringed by the use of the services of the KUK websites by the user, the user shall immediately cease the use contrary to the contract and/or illegal use upon request by KUK or the third party.

(9) Legal validity

(9a) Should individual provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace an invalid provision with a valid provision that comes as close as possible to the intended meaning and purpose of the invalid provision. This shall apply accordingly in the event of contractual loopholes.

(9b) Collateral agreements or agreements deviating from these provisions must be made in writing.

(9c) The law of the Federal Republic of Germany and the European Union shall apply exclusively to all legal relationships between the contracting parties.

(9d) The place of performance and jurisdiction is Bayreuth.

(9e) KUK reserves the right to amend these terms and conditions at any time without stating reasons. KUK will notify the user of changes to the terms and conditions in good time. If the user does not object to the validity of the new terms and conditions within two (2) weeks of notification, the amended terms and conditions shall be deemed to have been accepted by the user. KUK will inform the user in the notification of his right of objection and the significance of the objection period.

(10) Miscellaneous

(10a) The legally binding form of the Terms and Conditions is the German-language version.
version.

(10b) Contact with KUK

(10ba) The user can contact KUK via the contact options provided on the website, in particular

• E-mail:karriereservice@uni-bayreuth.de / alumni@uni-bayreuth.de
• O. Box:

University of Bayreuth
CareerService and Corporate Contacts
95440 Bayreuth

(10bb) Communication should be in writing or electronically. Telephone inquiries will be answered where possible, but do not constitute a formal deadline or obligation on the part of KUK.

(10bc) KUK will endeavor to respond to inquiries promptly. However, there is no entitlement to immediate processing.

(10bd) The user undertakes to provide complete and correct information (e.g. name, membership number, e-mail address) when making inquiries so that KUK can process the inquiry. Incomplete inquiries cannot be processed by KUK.

(10be) Making contact via the specified channels does not establish any legal claims to specific services or changes to the user contract.

 

(B) Special provisions

(1) Individual consultations KUK

(1a) Individual KUK consultations take place in the form of counseling sessions.

(1b) Unless otherwise agreed, the following deadlines apply to the User for counseling sessions:

1. Registration up to 3 days (72 hours) before the consultation appointment;
2. Submission of documents up to 3 days (72 hours) before the consultation appointment (unless already requested at the time of booking);
3. Cancellation up to 3 days (72 hours) before the consultation date.

(1c) If the requested documents are not received on time, KUK is entitled to cancel the consultation.

 

(2) KUK events and workshops

(2a) The User may participate in KUK events and workshops that either take place on the campus of the University of Bayreuth or are held externally.

(2b) Unless otherwise agreed, the following deadlines apply to the user for KUK events and workshops:

1. Registration by Monday, 8:00 a.m., in the week of the event date.
2. Cancellation by Monday, 8:00 a.m., in the week of the event date.

(2c) For events and workshops that KUK organizes with a third-party provider, the latter's conditions of participation may apply.

(2d) The user is solely responsible for adequate insurance cover.

 

 

(3) Events and workshops of the companies

(3a) The user can apply for events and workshops organized by companies which are held either at the company, on the campus of the University of Bayreuth or externally.

(3b) For events and workshops organized by companies that are held by a third-party provider, their conditions of participation may apply.

(3c) In addition to the provisions of these GTC, additional terms and conditions of the companies may apply to events and workshops. The companies are responsible for communicating the additional conditions accordingly.

(3d) The user acknowledges that the respective companies are responsible for the content of the events and workshops.

(3e) The contractual partner acknowledges that the respective companies carry out the selection process and that KUK has no influence on this.

(3f) For events and workshops of companies, the deadlines for applications or registrations specified in the events or workshops apply. If no deadlines are specified, the following deadlines apply for the contractual partner:

1. Registration/application up to 14 days before the start of the event;
2. Cancellation/application up to 14 days before the start of the event.

(3g) The contractual partner is solely responsible for adequate insurance cover.

 

(4) No-show regulation

 

(4a) The user is obliged to attend booked appointments or to cancel within the period stated on the platform, stated in these GTC or individually agreed.

(4b) Unexcused non-attendance, unexcused lateness, early departure without prior notification of the responsible KUK, the company and/or the third-party provider shall be deemed a no-show.

(4c) Any no-show will be noted by KUK and will result in immediate exclusion from all future optional CareerService offers.

(4d) Furthermore, more than one absence or failure to log off in due time without a valid, verifiable reason will result in immediate exclusion from all future optional offers of the CareerService.

(4e) If a user is unable to attend an agreed appointment for valid, verifiable reasons (e.g. accident, illness, job interview) and has apologized for his or her non-attendance in advance of the appointment, this is not considered a no-show and can be claimed in the form of corresponding proof. The official proof, e.g. in the form of a medical certificate, must be sent by e-mail to no later than 2 days after the event or consultation or immediately after recovery: karriereservice@uni-bayreuth.de.

(5) Fee for partners

 

(5a) The Partner undertakes to pay the agreed fee or the fee stated when booking the service in due time for services provided by KUK that are subject to a charge.

(5b) The fee is exclusive of the applicable value added tax.

(5c) The contractual partner must pay the fee within fourteen (14) days of the invoice date. Upon expiry of the payment period, the Partner shall be in default.

(5d) If the partner is in default with the payment of the invoice, KUK is entitled to suspend the provision of services until full payment has been received and to refuse future services.

(6) Trademark rights for partners

 

(6a) The partner is not entitled to use the trademarks (incl. logo) of KUK or the University of Bayreuth without their express prior written consent.

(6b) The partner may publish its brand or, in particular, its logo on the KUK platform. KUK accepts no liability for trademarks used by the partner on the platform.

(7) Data protection for partners

 

(7a) Natural persons who create profiles on behalf of the partner act as the partner's explicit authorized representative. They cannot assert any data protection rights against KUK or the University of Bayreuth. Any obligations in this regard (information, justifying basis, etc.) are the responsibility of the relevant contractual partner.

(7b) The partner undertakes to treat personal data of users to which it has access in accordance with the data protection legislation applicable to it.

(7c) KUK is not responsible for any interaction between the partner and a natural person with data protection concerns. In this respect, the partner is solely responsible for guaranteeing the corresponding rights and fulfilling the associated obligations.

(8) Exclusion of warranty

 

(8a) KUK does not assume any warranty as to whether the partner fully achieves its objective in connection with the conclusion of a contract. In particular, KUK does not guarantee that an employment relationship will be established between a contractual partner and an applicant or that a minimum number or minimum quality of applications will be achieved for the job or event offer advertised by the partner.

(8b) KUK does not guarantee that users will keep appointments with the partner.

(9) Visibility of profile information and personal responsibility of users

 

(9a) The portal serves to network its members. For this purpose, the information stored in the profile is generally visible to other registered users of the portal.

(9b) It is possible to control the visibility of individual profile information yourself using the settings options provided. The responsibility for the selection and approval of the data entered lies with the user

(9c) KUK accepts no liability for the visibility of information that has been released by the user or whose release has not been restricted via the settings.