1. Application area
1.1 The company Marquardt Service GmbH (hereinafter referred to as “MARQUARDT”) is operator of the MARQUARDT APPLICANT PORTAL (hereinafter referred to as “MQAP”). With MQAP, MARQUARDT provides a web-based platform that offers the possibility to carry out electronic application processes and downstream communication processes that result out of them. These terms of use govern the applicant’s (m/f) use of MQAP, but not the conditions of employment contracts that are closed electronically with applicants (m/f) via MQAP. These employment contracts come into existence exclusively between the applicant (m/f) and MARQUARDT in hardcopy form.
1.2 The applicant (m/f) accepts these terms of use upon registration.
1.3 The MQAP is directed only to natural persons within the meaning of § 1 BGB (German Civil Code).
1.4 MARQUARDT provides the service within the scope of these conditions, based on the respective technical, legal and commercial framework conditions for the use of the internet. MARQUARDT is entitled, but not bound to extend the services offered on MQAP.
1.5 MARQUARDT reserves the right to change the offered services or to offer deviant services; to the extent reasonable to the applicant (m/f).
2. Functions
The following functions are available for the applicant (m/f) free of charge:
1. search for available employment positions within the Marquardt group
2. impetus of an application process and transmission of electronic application documents to MARQUARDT
3. registration process for new applicants (m/f)
4. administration of the applicant’s profile (for existing applicants (m/f))
3. Registration, password
3.1 Generally the access (for the purpose of paragraph 2 sub-paragraph 1) to MQAP is possible for all applicants (m/f).
3.2 In the interest of safety and security of business transactions the use of MQAP (for the purpose of section 2 sub-paragraph 2 – 4) is only possible for registered applicants (m/f).
3.3 The applicant (m/f) is responsible for the accuracy of the data.
3.4 Upon completing the registration process, the applicant (m/f) receives a confirmation via e-mail.
3.5 The agreement concerning the use of MQAP comes into effect upon confirmation according to section 3.4. The access data the applicant (m/f) specified during the registration process (user name and password), gives the applicant (m/f) the opportunity to view and change his/her own data or to revoke any consent given in the data processing.
3.6 The applicant (m/f) ensures that the access data will not be made accessible to third parties and is liable for any and all activities and actions carried out under his access data, unless he can prove that the third party became aware of the data without his intervention. Each time after using the password-protected area, the user has to log out. Should the applicant (m/f) become aware that any third party is misusing its access data, the applicant (m/f) shall immediately notify MARQUARDT in writing and where possible already in advance by e-mail (recruiting@marquardt.com) as well.
3.7 After receipt of the notice under paragraph 3.6, MARQUARDT will initiate the blocking of access to the password-protected area containing these access data. Revoking this blockage is only possible after a separate request by the applicant (m/f) to MARQUARDT or by means of a new registration.
3.8 The applicant (m/f) ensures that the email address he indicated is correct and that emails can be received at this address. In particular he has to ensure that the address data, etc. entered by him always are up to date.
3.9 The applicant (m/f) may request the deletion of his account via email to recruiting@marquardt.com.
4.0 Necessary for the use of the MQAP is an internet connection and an internet browser.
4. Rights of use to contents, information and documentations
4.1 On MQAP MARQUARDT provides contents, information and documentations. The use of these contents, information and documentation is subject to these conditions.
4.2 MARQUARDT grants the applicant (m/f) a non-exclusive and non-transferable right to use the contents, information and documentation made available on the MQAB to the extent to which is agreed or, in case there is no agreement on this point, in accordance with the availability and transfer from MARQUARDT for the intended purpose.
5. Responsibilities of the applicant (m/f)
5.1 The applicant (m/f) may not in regard to the MQAP: violate industrial property rights or copyright or other property rights; transmit any contents with viruses or so-called Trojan Horses or other programming which could damage software; provide, store or send hyperlinks or contents to which he is not allowed, in particular if such hyperlinks or contents are a breach of a duty of confidentiality or are unlawful; or distribute advertising or unsolicited e-mails (so-called “spam“) or irrelevant warnings as to viruses, malfunctioning or similar or request persons to participate in gambling, snowball games, chain letters, pyramid systems or any other similar actions.
5.2 The applicant (m/f) grants to MARQUARDT a non-exclusive, royalty-free, world-wide right to use, duplicate, process, distribute, expand, reproduce and display, if necessary, the application data transmitted by the applicant (m/f) and the documents that are in relation with them (below called “applicant data“), so MARQUARDT could fulfil its obligations to the applicant (m/f) that come along with the use of MQAP.
5.3 MARQUARDT may block access to MQAP at any time, provided the applicant (m/f) is in breach of his obligations under these terms and may delete all material and contents in connection with this violation.
6. Liability for defects of title or quality
Provided that any effort is made available at no cost, any liability for defects as to quality or title of the effort especially in relation to the correctness or absence of defects or the absence of claims of third party rights or in relation to the completeness and/or fitness for purpose are excluded, except for cases involving wilful misconduct, fraud and injury of life, limb or health.
7. Data privacy
To enable the applicant (m/f) for registration and access to MQAP, it’s necessary to save and handle individual-related data. For the collection, processing and utilisation of personal data MARQUARDT complies with the applicable data protection regulations. Further information can be found at “Data Privacy Statement”.
8. Subsidiary agreements, Jurisdiction, Proper law, use outside of Germany
8.1 Collateral agreements must be made in writing.
8.2 Place of jurisdiction shall be Rietheim-Weilheim. German law shall apply.
8.3 The MQAP is operated by and under the responsibility of companies registered in Germany. MARQUARDT shall not assume any responsibility that functions of MQAP may be used in places outside of Germany. If applicants (m/f) from other countries than Germany access the MQAP, it is exclusively their responsibility to comply with the relevant national legal stipulations. The access to functions provided on MQAP from countries, in which such access is unlawful, is prohibited.
9. Change to these conditions of use
9.1 MARQUARDT is entitled to change or amend these terms of use at any time with a suitable period of notice. Any alterations or complements shall be sent to the applicant (m/f) in writing, via e-mail or in other suitable ways.
9.2 In case the applicant (m/f) does not agree with the change or addition, he is obliged to contradict within 4 weeks after receive of the message in written form. If the applicant (m/f) did not have objected to the amended terms within that period, the new conditions will be deemed as being accepted. MARQUARDT shall point this out to the applicant (m/f) in the notification.
9.3 In case changes or additions are essential for MARQUARDT due to urgent legal reasons, the announcement obligation and right of objection of the applicant (m/f) are cancelled. Changes and additions that are made because of such forceful legal reasons do not establish any claims for damage against MARQUARDT.
10. Duration of the agreement
10.1 After registration, the applicant (m/f) is authorized to use MQAP limitless.
10.2 MARQUARDT may block or delete the access to MQAP at any time.
11. Miscellaneous
11.1 MARQUARDT shall have the right to assign this contract along with all rights and obligations to an affiliated company within the meaning of § 15 German Stock Corporation Act.
11.2 Should one or several regulations of this contract be in whole or in part ineffective or impracticable, the validity of the rest of the regulations is not thereby affected. Instead of an invalid stipulation, such valid condition will be considered as agreed upon, the economic contents of which comes closest to the invalid stipulation.