Terms and Conditions of the Human Resources GmbH

Please read these terms and conditions carefully before using our Service.

Definitions

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country refers to: Hessen, Germany
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Human Resources GmbH, Basler Str. 3, DE – 61352 Bad Homburg.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Service refers also to the website, our advisory, training, coaching, consulting and our product delivery.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to Human Resources GmbH, accessible from https://human-resources-gmbh.com/
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of our Services and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of our Services.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

General Regulations

 

(1) human-resources-gmbh.com is our company website that gives its users insights into our products and services. Users can find useful links, news and interesting reads. Further, the website shows users which some specific offers, such as training courses, coaching, supervision or in-depth analysis online or in virtual class rooms trainigns.

(2) The website is operated by the Human Resources GmbH (or the “Operator”).

(3) The mere use of this website does not result in a contractual relationship between the user and the provider.

(4) With respect to the Users, the Operator reserves the right to update and amend these Terms of Use as well as the services at any time and without giving reasons. Changes will be announced in due time with a notice period of at least 15 days prior to the effective date of the changed provisions, so that the Users can decide in due time on the further use of the Platform.

Services of the Operator

 

(1) The services of the Operator are in particular:

• providing the possibility to use the website;
• creation of information and communication.

(2) The Operator reserves the right to change or expand the content and structure of the Website as well as the user interfaces.

(3) The contents of the website were created with the greatest care. However, the Operator cannot take responsibility for the accuracy, completeness and timeliness of the content.

(4) The Operator is not responsible for the content of websites to which hyperlinks are provided, unless the Operator has full knowledge of illegal contents and would be able to prevent the Users from viewing those pages. The Operator accepts no liability or guarantee for the content of external links. Should Users be of the opinion that certain linked external sites violate applicable law or otherwise contain inappropriate content, the Operator would appreciate being notified.

Liability of the Operator

(1) The Operator is liable according to the legal regulations for intent and gross negligence of the Operator, its legal representatives, executive employees or other vicarious agents. With respect to Users, the Operator is not liable in the event of ordinary negligence. With respect to Providers, the Operator is also liable on the merits for simple negligent breaches of essential contractual obligations caused by the Operator, its representatives, executives and ordinary vicarious agents, i.e. such obligations on the fulfillment of which the Provider or User regularly relies and may rely for the proper performance of the contract, in this case, however, limited to the amount of the typically arising, foreseeable damage. The limitations of liability pursuant to this paragraph (1) shall not apply to the assumption of guarantees or other strict liability as well as to claims under the Product Liability Act or in case of culpable injury to life, body or health.

(2) The Operator shall not be liable for disruptions within the line network for which it is not responsible. The Operator shall only be liable for the loss of data if such loss could not have been avoided by reasonable data backup measures on the part of the Provider or User.

(3) Insofar as the liability of the Operator is excluded or limited, this shall also apply to the personal liability of the employees, representatives and vicarious agents of the Operator.

(4) Insofar as the Website offers the possibility of forwarding to databases, websites, services, etc. of third parties, e.g. by setting links or hyperlinks, the Operator shall not be liable for the accessibility, existence or security of these databases or services or their content. In particular, the Operator is not liable for their legality, accuracy of content, completeness or timeliness.

Commercial Property Rights and Copyrights

(1) The commercial property rights for the Operator’s own content (e.g. graphics, sounds, texts, databases, product images) as well as the rights to the brands and designs of the Operator are the exclusive property of the Operator. Any duplication or distribution of these contents in other (also electronic or printed) publications or any use of trademarks or designs is not permitted without the express written consent of the Operator.

(2) The publications on the Website are subject to German copyright law. The reproduction, editing, distribution and any kind of exploitation outside the limits of copyright require the consent of the respective author.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Data Protection and Pecurity

(1) Each User shall comply with the legal provisions on data security and data protection applicable to it. With regard to the processing of personal data by the Operator, the privacy policy available on the website applies.

(2) The servers of the Operator are secured according to the state of the art, in particular by firewalls; however, the Users are aware that there is a risk for all participants that transmitted data can be read in the transmission path. This applies not only to the exchange of information via e-mails leaving the system, but also to the integrated messaging system and all other transmissions of data.

(3) The Operator is entitled to process information and data on the course of the communication and transactions carried out via the website as well as the behavior of users or merchants during the execution of these transactions in anonymous form in compliance with the provisions of data protection law and to use it for marketing purposes, e.g. for the preparation of statistics and presentations.

(4) The Users are obliged to keep permanently secret, not to pass on to third parties, to record or to use in any other way all information about the other Users, Providers and the Operator which has become known to them or which becomes known to them in connection with the use of the website and which is marked as confidential or is recognizable as business secrets on the basis of other circumstances (hereinafter referred to as “confidential information”), unless the respective party has expressly consented in writing to the disclosure or use or the information must be disclosed by law, court decision or administrative decision. The information is not confidential information within the meaning of this provision if it

• was previously known to the other party without information being subject to a confidentiality obligation,
• is generally known or becomes known without breach of the confidentiality obligations assumed,
• is disclosed to the other party by a third party without breach of the confidentiality obligation.

The obligations under this provision shall survive the end of the contract.

(5) Users shall indemnify the Operator against all claims under data protection law against the Operator, insofar as these are based on the fact that a User or Provider has published personal data on the platform in violation of data protection law.

Changes to these Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, You agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Final Provisions

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the provisions of inter-national private law. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

(2) The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of the Operator. In addition, the Operator is also entitled to file suit at the Provider’s general place of jurisdiction.

(3) These Terms of Use together with the contract if applicable contain the complete contractual agreements between the Operator and the User. Subsidiary agreements have not been made. Subsidiary agreements and amendments to the contract must be made in writing to the exclusion of text form in order to be effective. This also applies to the cancellation of the written form requirement.

(4) The possible invalidity of one or more provisions of these Terms of Use shall not affect the validity of the remaining provisions.

Last updated: October 2023