“Service” refers to the Alltrucks Jobmarket web-based service provided and operated by Alltrucks at www.alltrucks-jobmarket.com and all sub-domains covered thereunder, including all applications that can be used within the Service.
“User” refers to any natural person or legal entity that has set up and maintains a user account for the Service. Users may be either applicants or employers.
“Visitor” refers to any natural person or legal entity that uses the Service solely for the purpose of information and has not set up or does not maintain a user account for the Service.
“Applicant” refers to any natural person who has set up and maintains a user account for the Service as an Applicant or who uses the Service as a Visitor seeking a job solely for the purpose of information.
“Employer” refers to any natural person or legal entity who has set up and maintains a user account for the Service as an Employer or who uses the Service as a Visitor in his, her or its function as an Employer solely for the purpose of information.
“Alltrucks Partner” refers to any workshop from the Alltrucks Partner Network already in a contractual relationship with Alltrucks by way of a workshop contract and/or the responsible legal entity behind the workshop in its role as a partner.
“Alltrucks Partner Network” refers in general to all partner workshops in a contractual relationship with Alltrucks by way of a workshop contract.
“Alltrucks Partner Portal” refers to the web-based Service for Alltrucks Partners provided for the Alltrucks Partner Network under “Login Alltrucks Partner” on the Alltrucks website (www.alltrucks.com).
“Cardinal Obligations” refers to the material contractual obligations, which are duties that are of particular importance for the performance of a contract and for the achievement of the purpose of the contract and with which compliance is usually to be expected.
2. Object of the contract, scope of application
2.1. The Service is a web-based communication and contact platform for the placement of specialists in the field of commercial vehicles with companies and businesses in the field of commercial vehicles. The Service provides Applicants and Employers with an industry-specific employer and employee platform related to the commercial vehicle sector, thereby simplifying and making efficient for Applicants and Employers the searching for and advertising of jobs within the industry as well as the establishment of contact necessary for the application and candidate selection process.
2.2. The Service is directed at persons looking for employment or interested in employment opportunities with expertise in and/or a focus on the field of commercial vehicles (known as “Applicants”) and at the companies and businesses that, as Employers, maintain a contractual relationship with the Alltrucks Partner Network.
3. Fundamental information pertaining to the use of the Service, conditions of use
3.1. The Service enables Alltrucks Partners to advertise vacant positions at their businesses within the Service and to draw the attention of potential Applicants to the individual vacancies. The Service allows Applicants and Visitors to gain information about vacancies within the Alltrucks Partner Network on a national or supraregional basis. Applicants also have the option of entering into contact with Employers. The Service enables Employers and Applicants to enter into contact using a format designed by Alltrucks; furthermore, the Service is essentially intended to make application-relevant information (such as contact information, job applications, job descriptions) regarding Applicants and Employers available to interested Users. The initial contact and/or the information accessible to Users is then intended to lead to contact and communication among individual Users that is related to job applications and is independent of the Service.
3.2. Alltrucks is not involved in the content of the contact and communication among the Users and Visitors by way of the Service or on the basis of the data obtained through the Service. Alltrucks does not actively place Applicants with Employers or vice versa, nor does Alltrucks become a contractual partner when Users and/or Visitors (if applicable) enter into contractual agreements by way of the Service or on the basis of the data and information obtained through the Service. The Users and/or Visitors entering into a contractual agreement are responsible for the settlement and performance of the contracts into which they mutually enter.
As the provider of the Service, Alltrucks is solely responsible for the technical provision of the Service through the Internet. In particular, it is responsible for providing the web and IT infrastructure necessary for the operation of the Service by Alltrucks (particularly the structure and design of the website, server room and hosting of the website(s)) and the maintenance of the Service.
The Service will become available for use through the user account upon completing the registration of the user account. The User will then be able to log in for one Internet browser session at a time by way of this user account for the purpose of using the Service. Upon logging in, all Users must enter into the screen displayed upon accessing the website the user name and password assigned to them when setting up their user account in order to allow the Service to be used for one session. The login process is necessary whenever the User ends the respective session by way of the “Log out” button shown on the website under “My account” or if the User closes the Internet browser during a session, provided the User has selected no other individual settings in his, her or its Internet browser.
3.4. Certain aspects of the Service are also available as a source of information for Visitors. Please note that Visitors will only be able to use the functions of the Service to a very limited extent (e.g. in read-only mode in selected sections).
3.5. The Service and the corresponding applications are provided online through the website www.alltrucks-jobmarket.com and through all sub-domains covered thereunder.
4. Conclusion of the contract, Users’ assurances upon conclusion of the contract
4.1. Users and Visitors enter into any contracts regarding the use of the Service with Alltrucks GmbH & Co. KG, Perchtinger Strasse 6, 81379 Munich, Germany. Further options for contacting Alltrucks GmbH & Co. KG, as well as data pertaining to Alltrucks GmbH & Co. KG’s entry in the commercial register [Handelsregister] and names of its authorised representatives, may be found in the imprint at www.alltrucks-jobmarket.com.
4.2. The binding registration of a “user account” (known as “user registration”) constitutes a contractual agreement between the individual User and Alltrucks.
User accounts are subject to the following provisions:
To register as a User, the Applicant must set up or create a “user account”, as it is known. To do so, the individual Applicant must enter his or her email address and a user name selected by him or her into the screen for Applicants displayed upon accessing Service’s website and confirm to Alltrucks his or her binding interest to use the Service by subsequently clicking on the “Create new account” button. The individual Applicant will then receive a confirmation email in which Alltrucks will confirm the receipt of the request to use the website and provide a unique link to the Service’s website that can be used only once. By clicking on this link, the Applicant will be forwarded to the Service’s website. The Applicant will then be able to set his or her future password by entering it accordingly into the field(s) provided and clicking the “Save” button on the Service’s website.
By clicking the “Save” button, the User submits a legally binding offer to use the Service and completes the process of setting up his or her user account. Alltrucks will then allow the respective user account to access the Service. By allowing the user account to access the Service, Alltrucks accepts the offer, thereby effectively establishing a contractual agreement regarding the use of the Service as an Applicant.
The selected user name and password henceforth constitute the individual User’s login data for the user account and the Service.
To register as a User, the Employer must set up or create a “user account”, as it is known. However, Employers can use the Service only if they are already a member of the Alltrucks Partner Network and have access to the Alltrucks Partner Portal. The Employer can then set up a user account for the Service by entering his, her or its previously issued access data for the Alltrucks Partner Portal (email address and password) into the screen for Employers displayed upon accessing our website and subsequently clicking on the “Login” button.
By clicking the “Login” button, the Employer completes the process of setting up his, her or its user account and confirms his, her or its binding interest to Alltrucks (offer). Alltrucks will then allow the respective user account to use the Service. By allowing the user account to access the Service, Alltrucks accepts the offer, thereby effectively establishing a contractual agreement regarding the use of the Service as an Employer.
The email address will henceforth be added to the Service as the user name. The user name and password henceforth constitute the individual User’s login data for the user account and therefore also for the Service.
Within the scope of concluding the contract regarding the use of the Service, Applicants and Employers waive the requirement for any explicit declaration of acceptance by Alltrucks. In this respect, Section 151 of the German Civil Code (BGB) [Bürgerliches Gesetzbuch] applies. The declaration of acceptance by Alltrucks is replaced or implicitly issued by allowing the respective User to access the Service by way of his, her or its user account.
4.3. Visitors and Alltrucks enter into an implied contractual agreement for the purely informational use of the Service (without an existing user account) when the User starts using the Service. The offer of use by Alltrucks and its acceptance by the Visitor is replaced by the functional provision of the Service for Visitors on the Internet by Alltrucks and the actual use of the Service as a Visitor.
4.4. The Service may not be used by children and adolescents under 18 years of age. By agreeing to the conditions of the contract, Users state that they have reached or exceeded the minimum age of 18 years.
4.5. If the User of the Service is a legal entity, the person acting on behalf of the legal entity at the time of entering into the contractual agreement states that he or she is authorised to enter into legal transactions in the name of the legal entity and is permitted to bindingly conclude the contract regarding the use of the Service for the legal entity.
If the Service is to be used by a legal entity, the person acting on behalf of the legal entity states that he or she is authorised to make full use of the Service in the name of the legal entity and to represent the legal entity through the Service.
4.6. Upon entering into the contract, the User affirms that he, she or it will maintain only one user account per User as an Applicant or Employer.
4.8. The User affirms that Alltrucks may send all notifications regarding the Service, including those of a legally relevant nature, to the contact details provided by the User (e.g. postal address, email address) or make them directly accessible by way of the Service and that these notifications will have a legally binding effect regardless of the respective means of communication.
4.9. The User affirms that he, she or it has made all statements within the scope of concluding the contract truthfully and completely.
4.10. The User undertakes to provide evidence of the aforementioned information by submitting conclusive documentation within 1 (one) month if Alltrucks correspondingly requests information from the User regarding the aforementioned details as stated by the User.
5. User obligations
5.1. The User of the Service undertakes as follows regarding statements made to other Users/Visitors and Alltrucks by him, her or it for the purpose of and during use of the Service, as well as regarding his, her or its conduct during use of the Service:
a) The User shall without exception make true, complete and non-misleading statements, including in particular the use of his, her or its real name or the company as defined by Section 17 of the German Commercial Code (HGB) [Handelsgesetzbuch], including the legal form; accurate and up-to-date contact information; and truthful statements regarding education, employment history and advertised vacancy.
The User undertakes in this context to keep all information regarding his, her or its person – especially his, her or its contact information as stated in his, her or its user account – up to date at all times.
b) The User undertakes to use all data and information from and regarding natural persons or legal entities obtained through the Service solely for the purpose of contact and communication related to job applications and the Service with said persons or entities and to refrain from forwarding or revealing such data to third parties or from using, revealing or copying it for other purposes.
The User undertakes in particular to maintain confidentiality regarding content of which he, she or it gains awareness through communication via the Service or through communication with other Users enabled by information obtained through the Service and to refrain from revealing or forwarding this content to third parties.
c) In and through the Service, the User shall solely publish images in which he, she or it is clearly visible and identifiable and shall upload only such images for viewing by other Users within the Service (e.g. as an applicant photo). The use of images that do not show the User is prohibited.
The above applies in line with its original intent if the User is an Employer and/or a legal entity. In this case, the User shall solely publish images in and through the Service in which the company, business or firm for which the user account has been set up is clearly visible and identifiable and shall upload only such images for viewing by other Users within the Service.
d) The User undertakes to observe applicable law and all rights of third parties, including intellectual property rights.
In particular, the User undertakes to refrain from such acts:
aa) engaging in unreasonably bothersome acts or acts of harassment through the Service and/or by way of data obtained through the Service (e.g. spamming);
The above includes, in particular:
the publication of offensive, defamatory or libellous content by way of the Service and/or contacting other Users with such content, regardless of whether such content is addressed to or directed at other Users, Alltrucks employees or third parties;
the publication of content that glorifies violence or is pornographic, abusive, immoral (contra bonos mores), lewd, of a sexual nature and/or morally damaging to juveniles or contacting other Users with such content;
the performance or promotion of anti-competitive acts;
ab) advertising and/or distributing goods and/or services that glorify violence or are pornographic, abusive, immoral (contra bonos mores), lewd, of a sexual nature or morally damaging to juveniles;
ac) impermissibly advertising and/or distributing goods and/or services subject to industrial property rights and the unauthorised use of content that is legally protected, inter alia, under trademark, copyright, patent, design or utility model law;
ad) publishing and/or using content from the Service and its applications unless publication and/or use of the specific content is intended within the scope of the respective Service application or the party entitled to the specific content has effectively agreed to the specific publication and/or form of use.
e) The User undertakes to refrain from advertising for the purpose of self-promotion or on behalf of third parties within the Service or on the basis of data obtained through the Service.
f) The User undertakes to refrain from sharing his, her or its password for his, her or its user account; granting access to his, her or its user account to third parties; or transferring his, her or its user account to third parties without the express permission of Alltrucks.
g) The User shall also refrain from any acts that could potentially negatively impact, endanger or influence the functionality and functioning of the Service, including in particular the use of hardware and software, scripts or similar during the use of the Service in order to gain control of the Service or otherwise copy profiles and other data from the Service.
6. Availability of the Service; responsibility for User content, data and information
6.1. In view of the Service’s free-of-charge nature, the current state of technology and the wide range of potential unpredictabilities associated with the provision of a web-based service that are not within Alltrucks’ sphere of influence (e.g. power outages, network outages and technical disturbances), Users and Visitors shall acknowledge that the constant and disruption-free functionality and accessibility of the Service is not possible. Alltrucks therefore provides the Service AS-IS and SUBJECT TO AVAILABILITY in accordance with its BEST EFFORTS.
Alltrucks affirms that it makes all reasonable efforts and takes all reasonable steps to make the Service available with as little disruption as possible and as constantly as possible with full functionality.
6.2. The “technical provision” of the Service by Alltrucks as described in Clause 3.2 relates solely to the creation and maintenance of the technical conditions for the provision of the Service on the pages of Alltrucks. The establishment of the technical conditions for the use of the Service by way of the Users’ selected devices does not fall within Alltrucks’ sphere of responsibility.
6.3. The User is solely responsible for all acts performed through his, her or its user account unless said account has been blocked or closed due to termination.
Alltrucks bears no responsibility for the content, data, documents and information provided or published through the Service by Users of the Service or for content on external websites made accessible by way of the Service. Alltrucks assumes no liability for the truthfulness, usefulness or usability of the content, data and information provided, published or made accessible by Users of the Service; this limitation of liability also applies to external content, data and information.
Likewise, Alltrucks assumes no liability for the authenticity of the documents provided or published by Users through the Service as defined by Section 267 of the German Criminal Code (StGB) [Strafgesetzbuch], nor does it assume any liability for the authenticity of the documents behind any copies, scans, reproductions or similar.
6.5. Due to the technical development of the Service, Alltrucks is unable to conclusively determine whether a User registered for the Service through a user account is actually the person the User claims to be. The actual identity of any person visible within the Service is therefore not subject to any guarantee on the part of Alltrucks.
6.6. Alltrucks shall retain all intellectual property rights associated with the Services. The Users acquire no property rights or similar rights related to the Service or the content or information made available by way of our Services upon use of the Service.
7. Exclusion and limitation of liability
7.1. Alltrucks is fully liable for any damage related to injury to life, limb or health caused by breach of duty by Alltrucks itself or by a legal representative or agent of Alltrucks. In addition, Alltrucks is fully liable for any wilful or grossly negligent breaches of duty by Alltrucks itself or by its legal representatives or agents and the damages caused as a result.
7.2. With the exception of the provisions regarding injury to life, limb and health under Clause 7.1, Alltrucks bears no liability for breaches of duty by Alltrucks, its legal representative or agents resulting from slight negligence.
Alltrucks’ liability for compensatory damages resulting from damages due to slightly negligent breach of material contractual obligations (known as “Cardinal Obligations”) by Alltrucks, its legal representatives or agents remains unaffected. In the event of liability resulting from slight negligence, however, this liability is limited to the foreseeable damages typical for the contract. Any liability under the Product Liability Act [Produkthaftungsgesetz] remains unaffected.
7.3. In addition, Alltrucks expressly rejects any liability for downtime and disruptions related to the Service, for the content and information published and uploaded by you within the Service and for their use by third parties and/or their loss.
7.4. The aforementioned exclusion and limitation of liability are the basis for the use of the Service and therefore apply to all liability claims against Alltrucks, its legal representatives and agents.
7.5. Clause 3.2 applies should Users and/or Visitors enter into contractual agreements by way of the Service or based on the data and information obtained through the Service. Alltrucks shall bear no direct or indirect responsibility for breaches of duty resulting from these contracts concluded between Users.
8.1. Alltrucks reserves the right to change the services offered as part of the Service or to offer different services and/or to change or amend the Service in terms of its functions, provided doing so does not pose an unreasonable hardship for the User.
Alltrucks also reserves the right to change or amend the services offered as part of the Service if
a) the changes or amendments are solely of benefit to the Users;
b) the changes or amendments are of a purely technical nature or are necessary for the maintenance, establishment and security of the Service;
c) the changes or amendments are necessary to comply with applicable law and/or to respond to changes in law; or
d) the changes or amendments are necessary to comply with legitimate decisions and instructions by a court and/or official body.
Changes that do not have a material influence on the functions and modes of operation of the Service (e.g. changes to the graphic design of the Service) are not to be viewed as service changes as defined by this provision.
8.4. Users who do not wish to agree to any of the changes may terminate their contracts (please see Clause 9 for further information).
9. Term and termination of the contract
9.1. The contractual relationship regarding the use of the Service is entered into with Users for an indefinite period of time; with Visitors, the contractual relationship is entered into for the duration of an informational visit to the Service in each instance.
9.2. The contractual relationship regarding the use of the Service may be terminated by any party in accordance with the following provisions:
a) Employers and Applicants may terminate the contractual relationship regarding the use of the Service without stating specific reasons for doing so and without observing any period of notice in written or electronic form. The termination takes effect 7 (seven) days after its receipt by Alltrucks GmbH & Co. KG; the contractual relationship with the Employer or Applicant will be terminated at such time. The user account and all personal data will be erased from the Service once the termination takes effect.
b) Alternatively, the Applicant may terminate and immediately end the contractual relationship by deleting his or her user account by using the dedicated “Delete user account” button.
In the event of any termination, Alltrucks is entitled to verify the Applicant’s identity to prevent the unauthorised deletion of the user account by third parties. In this case, Alltrucks will request information such as the Applicant’s user name and password during the termination process.
c) For Visitors to the Service, the contractual relationship regarding the Use of the Service ends upon termination of the informational use of the Service by way of leaving the Service website or closing the Internet browser.
9.3. Alltrucks Partners should note that the termination of the partnership with Alltrucks by way of any legally effective termination of the workshop contract automatically leads to the termination of this contractual relationship regarding the use of the Service. In the event of a termination of the workshop contract, the contract regarding the use of the Service ends upon termination of the partnership between Alltrucks and the Alltrucks Partner in accordance with the provisions outlined in the workshop contract.
9.4. Alltrucks undertakes to confirm receipt of the termination notice to the terminating User by way of a one-time email message.
9.5. The right to extraordinary termination without notice for compelling reasons remains unaffected by the preceding provisions. In particular, a compelling reason exists if one of the parties materially breaches their contractual obligations.
9.6. Upon termination of the contractual relationship regarding the use of the Service, the User loses the right to access or use the Service in the sections of the website not accessible to Visitors.
a) content that the User has uploaded to the Alltrucks Jobmarket will be erased;
b) access to the Service’s websites or applications will be blocked for the User in question;
c) the user account will be deleted, thereby terminating the contract regarding the use of the Service; or
d) Alltrucks may notify the User that it will receive a “warning”.
10.2. Alltrucks also reserves the right to make full use of its options to take legal action and seek legal redress in the event that Users commit breach of contract or are involved in illegal activity during use or in connection with the use of the Service.
11. Data protection
11.1. Alltrucks will generally process personal data only if we are permitted to do so by law or if we have received express consent to process personal data. The provision of personal data or the issuing of consent is voluntary. Fundamentally speaking, the refusal to issue consent or provide personal data will not have a negative effect.
It is also important to note that the collection and processing of personal data from Applicants and Employers is essential to the provision and use of the Service as an industry-specific communication and contact platform for Applicants and Employers. In such cases, doing so is already necessary to establish the contract regarding the use of the Service and/or for the fulfilment of contractual obligations by Alltrucks.
12. Applicable law, place of jurisdiction and final provisions
12.2. The following additionally applies for merchants as defined by the HGB:
a) The place of performance of the contract is the place of the registered office of Alltrucks GmbH & Co. KG, Munich, Germany.
b) Unless otherwise bindingly governed by law, the place of jurisdiction for all disputes arising from this contract is Munich, Germany.
c) The parties agree that the remaining provisions of this contract will remain unaffected and valid should individual provisions of this contract become null and void in full or in part as a result of changes to the legal situation or supreme court decisions or for any other reason. In this event, the parties undertake to agree in good faith an effective provision to replace the provision deemed to be null and void that comes as close as possible to the aim and object of the invalid provision and to which the parties would have presumably agreed at the time of concluding the contract had they known or predicted that the provision would be null and void. The same applies for the event that this contract contains loopholes.
d) Ancillary agreements, changes or amendments to this contract regarding the use of the Service must be made in writing to be legally valid.
12.3. Alltrucks does not participate in consumer dispute resolution proceedings before a consumer dispute conciliation body.